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 7 and 8, Block 305, Eastern Division, located at 818 and 820 Clark Boulevard.
ZC-065-2026
District IV
body
PREVIOUS COUNCIL ACTION
On November 4, 2002, the City Council approved a Conditional Use Permit (CUP) for the operation of an outdoor children's amusement service business on the property.
On July 5, 2005, the City Council approved an amendment to the Conditional Use Permit, modifying the approved hours of operation for the outdoor children's amusement service business.
BACKGROUND
Initiated by: Jose Leandro Garza, Owner; Miguel A. Morales, Jarochos Taqueria Ldo, Applicant/Representative
Council District: IV - Cm. Ricardo “Rick” Garza
Proposed Use: The proposed use is a special use permit for a Restaurant Serving Alcohol.
Current Zoning: The current zoning at this location is B-1 (Limited Business District) zoning district.
Site: The site is currently occupied by Jarochos Taqueria Ldo Restaurant.
Surrounding Land Uses: To the north of the site is residential uses and O’Kane Street. To the east of the site is Tilden Avenue and residential uses. To the south of the site is Clark Boulevard, residential uses, and Variety Meat Market, To the west of the site is residential uses and Logan Avenue.
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 Clark Boulevard as a Modified Principal Arterial and Tilden Avenue as a Local Street.
https://www.cityoflaredo.com/home/showpublisheddocument
/17680/638703100333370000
Letters sent to surrounding property owners: 31 In Favor: 0 Opposed: 0
COMMITTEE RECOMMENDATION
The Planning & Zoning Commission in a ___ to ___ vote recommended ___ of the special use permit.
STAFF RECOMMENDATION
recommendation
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-1 (Limited Business District) zoning district.
Staff supports the proposed special use permit at this location for the following reasons:
1. The proposed restaurant provides a neighborhood-serving dining option that is accessible to nearby residential areas, supporting walkability and convenient access to local services.
2. The property is located along Clark Boulevard, which is designated as a Modified Major Arterial. The site's frontage along this arterial provides adequate accessibility and supports the proposed restaurant while remaining compatible with the surrounding commercial corridor.
3. The proposed use supports commercial development goals by expanding dining options and encouraging investment within established areas.
4. The proposed use is compatible with the surrounding area, as the vicinity contains similar commercial uses, including restaurants.
General Staff Note:
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.
If approved, Staff suggests the following conditions:
1. The Special Use Permit is issued to Miguel A. Morales, Jarochos Taqueria Ldo, 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 1,064 square feet, as per Exhibit A, which is made part hereof for all purposes.
3. The sale, service, and consumption of alcoholic beverages shall be limited to the interior of the restaurant building, which contains approximately 1,064 square feet (38 feet by 28 feet). Alcoholic beverages shall not be served, consumed, or permitted within any outdoor patio, outdoor seating area, or any other exterior portion of the premises.
4. The hours of operation shall be limited to, Sunday through Saturday 11:00 a.m. to 12:00 a.m.
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.
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 (#20 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.
IMPACT ANALYSIS
Is this change contrary to the established land use pattern?
There are residential uses in the surrounding area, and the property is also located near existing commercial development. Properties to the southwest include established commercial uses such as Taqueria Martinez Restaurant and Variety Meat Market.
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.
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