SUBJECT
title
Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a special use permit for a restaurant serving alcohol on Lots 1 and 2, Block 1, Buitron/Ramos Subdivision, located at 7101 and 7105 McPherson Road.
ZC-010-2026
District V
body
PREVIOUS COUNCIL ACTION
None.
BACKGROUND
Initiated by: The Prime House, LLC, Owner; and Javier Adrian Gonzalez and Aleli Elizabeth Cazares, Applicant
Council District: V- Ruben Gutierrez, Jr.
Proposed Use: The proposed use is a special use permit for a Restaurant Serving Alcohol (Remolinos snack & grill)
Minimum Zoning Required for Proposed Use: B-4 (Highway Commercial District) zoning district.
Current Zoning: The current zoning at this location is B-3 (Community Business District) zoning district.
Site: The site is currently vacant developed land.
Surrounding Land Uses: To the north of the site is Trey Drive, vacant developed land, Ana Cantu (nurse practitioner), Vantage Bank Texas, and multi-family residential uses. To the east of the site is Rocio Drive, multi-family residential uses, MBA Mortgage Solutions, LLC, Laredo Pilates Studio, Eloy Gutierrez, PPLC (accounting firm), Tere Santos Real Estate (real estate agency), AXIS Direct Care (medical clinic), Trautmann & Garcia, Attorneys at Law, LLC (law firm), and Farmers Insurance. To the south of the site is La Frontera Nursing & Rehabilitation (nursing home), New Land Kindergarten (daycare center), Greta (restaurant), Legno Contemporary Furniture (furniture store), and vacant developed land. To the west of the site is McPherson Road, Laredo Federal Credit Union (credit union), and LMC North Outpatient Diagnostic and Surgical Center.
Citations: No citations have been issued at this location.
Comprehensive Plan: The Future Land Use Map recognizes this area as Neighborhood Mixed Use.
https://www.openlaredo.com/planning/
2017_Comprehensive_Plan-Viva_Laredo.pdf#page=39
Transportation Plan: The Long Range Thoroughfare Plan identifies McPherson Road as a Major Arterial.
https://www.cityoflaredo.com/home/showpublisheddocument
/17680/638703100333370000
Letters sent to surrounding property owners: 25 In Favor: 0 Opposed: 0
STAFF COMMENTS:
A Special Use Permit is used for those types of uses that warrant individual attention on a case by case basis and should not be categorized in a zoning district. A Special Use Permit is basically an overlay on top of the existing zoning designation and can be limited in many respects, such as time, fencing, setbacks, landscaping, etc. A Special Use Permit is required for those restaurants located in R-O, B-1, or B-3 districts that wish to serve alcoholic beverages. The property is in a B-3 (Community Business District) zoning district.
Staff supports the proposed special use permit at this location for the following reasons:
1. The site meets the minimum distance requirement of 300 feet as per the Laredo Land Development Code Section 24.93.7, subsection (1). The measurement is to be made from the front door of the establishment serving alcohol to the nearest property line (by shortest route) to the front door of the church, public school, entrance to the public park, front door of the residential structure or zoning district boundary and in a direct line across intersections wherever they occur and consistent with the measurement methodology as has been adopted by the Texas Alcoholic Beverage Commission.
- The distance to the nearest residential structure is approximately 370 feet.
2. It is not anticipated to have a negative impact in the surrounding area or neighborhood because there will be no outdoor patio.
If approved, Staff suggests the following conditions:
1. The Special Use Permit is issued to Javier Adrian Gonzalez, and may only be transferred upon application to and with the express permission of the City Council.
2. The Special Use Permit is restricted to 4,910 square feet located, with no outside patio, as per Exhibit A, which is made part hereof for all purposes.
3. The hours of operation shall be limited to, Sunday through Wednesday 9:00 a.m. to 2:00 a.m and Thursday through Saturday 9:00 a.m. to 3 a.m.
4. The building identified as a warehouse is intended solely for storage and office use associated for the restaurant.
5. Lighting of property shall be screened to avoid adverse impact on adjacent residential neighborhoods.
6. Landscaping shall be provided in accordance with the City of Laredo Land Development Code.
-The site plan shall identify a total number of 7 trees and 28 shrubs for the surface parking:
*Formula: One (1) tree for every ten (10) parking spaces, as per section 24.83.3 (1)
.67 total parking spaces / 10 = 6.7 trees
.Total number of trees required: 7 Trees
*Formula: The length of the public street or thoroughfare measured in linear feet at the centerline of the street and adjancent to the property (152.46 Linear Feet, LF) divided by 30.
.Length of the public street 152.46 LF / 30 =5.082 trees
.Total number of trees required: 5 Trees
*Formula: The number of shrubs required shall be equal to the total number of trees required multiplied by four (4), as per section 24.83.3 (2).
.7 trees + 5 trees =12 trees
.12 trees X 4shrubs = 48 shrubs
.Total number of Shrubs required: 48 Shrubs
7. The owner shall provide an opaque fence or wall of not less than 7 (seven) feet in height along any side or rear property lines in which abut or adjoin property containing a residential use or residential zoning district. Apartment complexes, residential condominiums or residential townhomes shall be similarly screened irrespective of which zoning district they occur in.
8. Establishments must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
9. Signage shall be consistent with the City’s Sign Ordinance and TABC rule or regulation.
10. Off-street parking shall be provided in accordance with the City of Laredo Land Development Code.
11. Outdoor music and speakers are prohibited. The property owner must comply with all City Noise Ordinances provisions of the City of Laredo Code of Ordinances.
12. At all times the restaurant is open to the public for business, it shall continually maintain and serve food from its full-service menu.
13. The restaurant shall not exceed the “Occupant Load” as set forth in the Certificate of Occupancy with Occupant Load.
14. The restaurant shall, during all hours of operation, maintain, free from obstruction or impediment to full instant use in the case of fire or other emergency, all exit accesses, exits or exit discharges.
15. The restaurant shall undergo an annual Fire Inspection.
16. All permits, licenses, certifications and inspections required by the codes and ordinances of the City of Laredo shall be kept up to date and current including but not limited to: a. Food Manager License (annual) b. Food Handler’s Permit (annual), c. Certificate of Occupancy with Occupant Load. Occupant Load being the approved capacity of a building or portion thereof.
17. Owner shall comply with, Building, Health, Safety, and all applicable codes and regulations as required.
18. The restaurant shall maintain and comply with the BLUE Gun Sign regulations as per TABC (not exceed the required alcohol sales percentage).
19. The restaurant shall provide the City of Laredo, Building Development Services Department with a copy of the current TABC License to include but not limited to any renewals or amendments as they occur.
20. A business entity, which has been granted an SUP, is required to report (on a form approved by the Building Official of designee) any change in the entity’s ownership status which occurs by virtue of the transfer of a majority of its stock or a majority of its membership interest to the City of Laredo Building Services Building Official or designee. Any change in ownership interest shall be deemed a transfer of the business and shall require Council approval of the transfer of the existing SUP.
21. Failure to comply (# 19 condition) above, shall render the existing SUP null, void and of no force or effect.
22. The use authorized by the special use permit is required to abide by all relevant municipal codes.
Notice to the owner/applicant:
1. The approval of the special use permit does not guarantee the issuance of a building permit and requires full compliance with all applicable permanent codes and regulations.
COMMITTEE RECOMMENDATION
The Planning & Zoning Commission in a ___ to ___ vote recommended ___ of the special use permit.
STAFF RECOMMENDATION
recommendation
IMPACT ANALYSIS
Is this change contrary to the established land use pattern?
Yes, there are multi-family residential uses to the east and a nursing home to the south of the site.
Would this change create an isolated zoning district unrelated to surrounding districts?
No, the zone will not change.
Will change adversely influence living conditions in the neighborhoods?
No, it is not anticipated to have a negative impact in the surrounding area or neighborhood because there will be no outdoor patio.
Are there substantial reasons why the property cannot be used in accordance with existing zoning?
Yes, the underlying zone requires the SUP overlay to allow for a restaurant serving alcohol as intended by the applicant.
end