SUBJECT
title
Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing the issuance of a conditional use permit for a plant nursery on Lot 6, Block 196, Eastern Division, located at 4019 Sanders Avenue.
ZC-063-2026
District VIII
body
PREVIOUS COUNCIL ACTION
None.
BACKGROUND
Initiated By: Cleopetra Gomez, Owner; and Juana Gomez, Applicant
Council District: VIII - Cm. Alyssa Cigarroa
Proposed use: The proposed use is for a plant nursery.
Site: The site is occupied by a residential dwelling and a plant nursery.
Citations, Warnings, and/or Complaints:
1. On 5/07/2026 the owner received a warning regarding the operation of a business within a residentially zoned district (R-3 mixed residential district).
Surrounding land uses: To the north of the site is East San Carlos Street, U-haul Neighborhood Dealer, Carco Transmissions of Laredo, Mr. T’s Auto Repair & Collision Services, single family residential uses, and vacant developed land. To the east of the site is Marcella Avenue, multi-family residential uses, single family residential uses, manufactured homes, and A&G Mobile Home Parts. To the south of the site is East San Pedro Street, single family residential uses, vacant developed land, and manufactured homes. To the west of the site is Sanders Avenue, parked commercial vehicles, single family residential uses, multi-family residential uses, and manufactured homes.
Comprehensive Plan: The Future Land Use Map recognizes this area as Neighborhood Mixed Use.
https://www.cityoflaredo.com/LaredoPlanning/wp-content/uploads/
2021/03/viva-laredo-city-of-laredo-comprehensive-plan.pdf#page=39
Transportation Plan: The Long-Range Thoroughfare Plan identifies Sanders Avenue and San Carlos Street as Local Streets.
https://www.cityoflaredo.com/home/showpublisheddocument
/17680/638703100333370000
Letters sent to surrounding property owners: 35 In Favor: 0 Opposed: 0
COMMITTEE RECOMMENDATION
The Planning & Zoning Commission in a ___ to ___ vote recommended ___ of the conditional use permit.
STAFF RECOMMENDATION
recommendation
A Conditional Use Permit is intended to provide for those land uses where additional regulation is necessary to protect the property and surrounding area. It is primarily intended for property located in older section of the city and is intended to promote development and/or redevelopment of such property, which is consistent with the land use patterns of surrounding property. The property is zoned a R-3 (Mixed Residential District) zoning district.
Staff supports the proposed conditional use permit for the following reasons:
1. The proposed use is not anticipated to have a negative impact in the surrounding area or neighborhood as the use does not generate substantial customer traffic, parking demand, or congestion within the neighborhood.
2. The proposed use is compatible with the surrounding commercial uses and is appropriate as a light commercial activity adjacent to the residential neighborhood.
If approved, Staff suggests the following conditions
1. The C.U.P. shall be issued to Cleopetra Gomez, and shall be transferable only with the approval of the City Council, and shall be subject to all conditions of the initial approval, and such other conditions as the City Council may require.
2. The hours of operation shall be limited to, Monday through Sunday, from 10:00 a.m. to 6:00 p.m.
3. The plant nursery shall be limited to the retail sale of plants. The cultivation, propagation, growing, or production of plants on-site shall be prohibited unless otherwise approved by the City through a separate permit or authorization.
4. The property owner shall implement and maintain a mosquito abatement procedures. Standing water shall not be permitted to remain on the property for more than seventy-two (72) hours unless actively managed through circulation, approved larvicide treatment, or other mosquito-control measures.
5. All fertilizers, pesticides, herbicides, and other materials shall be stored in covered and secured areas designed to prevent exposure to precipitation and stormwater runoff. Soil, mulch, compost, and similar materials shall be stored in an orderly manner and shall not create odor, dust, insect, or rodent nuisances for adjacent properties.
6. The property owner shall maintain the site free of litter, debris, dead vegetation, and other materials that may create visual blight, harbor pests, or negatively impact adjacent properties. All outdoor storage areas shall be maintained in an orderly condition at all times.
7. The establishment must make provisions to keep litter to a minimum, and to keep it from blowing onto adjacent streets and properties.
8. All plant waste, landscaping debris, dead vegetation, soil materials, and related nursery byproducts shall be collected and disposed of properly on a regular basis. There shall be no outdoor burning of materials, and all waste shall be managed in a manner that prevents the accumulation of standing water, odors, insects, rodents, or other nuisances to adjacent properties.
9. There shall be no hazardous chemical storage on the property. The determination of hazardous material shall be made by the Fire Chief as per the Laredo Land Development Code, Section 24.74.3(d). Hazardous materials are defined as stated in the City of Laredo Code of Ordinances, Sec. 33-20.
10. No commercial vehicles shall be permitted as per the City of Laredo Land Development Code, Section 24-65.0(a), General Supplemental Provisions, Residential.
- No commercial vehicle exceeding sixteen thousand (16,000) pounds manufacturer's Gross Vehicle Weight Rating (GVWR) or having more than two (2) axles, and no commercial or farm trailer exceeding twelve (12) feet in length, shall be parked or stored on the subject property.
- No commercial vehicle exceeding one (1) ton manufacturer's GVWR, having more than two (2) axles, or any commercial, farm, or utility trailer shall be parked or stored within the public right-of-way adjacent to the subject property.
11. Parking associated with the proposed use shall park within the public right-of-way.
12. Lighting of property shall be screened to avoid adverse impact on adjacent residential uses or neighborhoods.
13. Landscaping shall be provided and maintained for the entire duration of the proposed use in accordance with the City of Laredo Land Development Code.
14. 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 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.
16. The proposed use shall comply with the City's Sign Ordinance, as per Sections 28-38.a, Permitted Sign Dimensions-Freestanding and 28-38.b Permitted Sign Dimensions-, Attached, and shall be limited to the sign types and dimensions permitted within the R-3 zoning district for church, public park, public recreational facility school, library, art gallery, or cultural facility.
- Electronic Message Display signs and CEVMS shall be prohibited.
17. The property owner must comply with all City Noise Ordinances provisions of the City of Laredo Code of Ordinances.
18. The operating characteristics of the use shall not create a nuisance and the impacts of the use on surrounding properties shall be minimized with respect to noise, odors, vibrations, glare, and any other similar conditions.
- All equipment and activities must be operated/conducted in a manner that minimizes noise impacts to surrounding residential uses to the maximum extent practicable.
19. The proposed use shall not exceed the "Occupant Load" as set forth in the Certificate of Occupancy.
20. The proposed use 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.
21. The proposed use shall undergo an annual Fire Inspection.
22. 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.
23. Owner shall comply with Building, Health, Safety, Fire, Environmental, and all applicable codes and regulations as required.
Notice to the owner/applicant:
1. The approval of the conditional use permit does not guarantee the issuance of the building permit and requires full compliance with all applicable municipal codes and regulations.
IMPACT ANALYSIS
Is this change contrary to the established land use pattern?
Yes, while there are no other plant nurseries in the area, the site is located adjacent to a more intensive commercial use to the north (U-haul Neighborhood Dealer, Carco Transmissions of Laredo, and Mr. T’s Auto Repair & Collision Services).
Would this change create an isolated zoning district unrelated to surrounding districts?
The zoning will not change.
Will change adversely influence living conditions in the neighborhood?
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 existing R-3 does not allow for a plant nursery as intended by the applicant and requires a conditional use permit to obtain the proposed use.
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