Consider and take action on a Zoning Change Request from David Newmann to rezone the property at 5130 Emmett F. Lowry Expy, Texas City, TX from “C” (Multi-Family Residential) to “E-3” (Outdoor Commercial) to construct Gulf Coast Growers Nursery – a plant nursery.

Applicant, Gulf Coast Growers, has been working in the landscape/nursery industry for over 10 years and seeks to rezone the subject location to open a retail plant nursery. The 6.57-acre site its currently undeveloped raw land adjacent to and west of the EmkenLinton Funeral Home at 5100 Emmett F. Lowry Expy. The parcel has frontage on Emmett F. Lowry Expressway.  The subject location is currently zoned District “C” (Multi-Family Residential). The adjacent EmkenLinton Funeral Home site is zoned District “E” (General Business). All other adjacent properties on the east side of the site are undeveloped raw land and also zoned District “C” (Multi-Family Residential). The undeveloped property north and west of the subject location area is zoned District “A” (Single Family Residential). Applicant previously applied for rezoning to District “E-3” in 2021 and received preliminary zoning approval from the City Commission on March 2, 2022. However, more than 12 months passed without application for a building permit, so the preliminary zoning approval expired. Applicant is prepared to move forward with the project and seeks the necessary rezoning. There were no objections to the previous application presented to the Zoning Commission or to the City Commission during the requisite public hearings.Analysis: There have been no significant changes to the surrounding uses since the previous application for rezoning. The requested rezoning to District “E-3” (Outdoor Commercial) remains appropriate for the intended use to build, open, and operate a plant nursery. Such use is not inconsistent with the existing zoning and use of EmkenLinton Funeral Service, subject to appropriate screening. The requirements of the Gateway Overlay District will apply to the location regardless of other zoning designations. The anticipated use is consistent with the Land Use Plan and within the guidelines of the “Activity Corridor”. 

The Zoning Commission voted unanimously to recommend the requested zoning change at its regular meeting on September 5, 2023 after holding a public hearing upon proper notice mailed to adjacent property owners.  There were no objections voiced at the Public Hearing or received in writing. Staff have no objection and recommend approval to the requested rezoning.