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HomeMy WebLinkAbout1458-ZPWaal Pro DATE: July 19,1999 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Consider a request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) or a more restrictive district with a specific use permit for a day care center on Agnes between Gill and LaSalle, east of Grand Street. MILE: 1458-Z/P STAFF REPORT Mary Elizabeth Grant wishes to open a day care center in a frame house at 4050 Agnes Street in the north end for 40 children. The neighborhood is now zoned for single: family homes only. The applicant will need a zone change to NC to allow the day care as a permitted use or a zone change to RM-M, RM-H or RCR and a specific use permit. Rezoning this property will result in a "spot" zone change. The specific use permit application is in compliance with four of the required eight conditions. Exhibits are attached. PUBLIC NOTIFICATION Notices Mailed to Property Owners: 25 Responses in Favor: Responses in Opposition: LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Lots 14 and 15, Block 2, Dixie Addition, Beaumont, Jefferson County, Texas containing 0.29 acres, more or less. Planning Division (City Hall): Working as a residential licensed Child, Care Provider has been my life for the past eight years. During these eight years in my occupation I have seen mothers that go though chaos to get their child to my home. I help when I can, but the fact that I can't leave my home, most of the time , sometimes hinders me from helping the mothers get their child safely to, my home. What I'm trying to say is, I don't want the house I'm trying to get zoned as commercial to be a nuisance to the community, but a blessing. A daycare is needed in the community. Mothers in the community often get discourage from becoming employed because of the circumstances they sometimes find themselves in. They either don't have a car or the daycare is out of their way. It could be a number of things. The home I have chosen is encompassed just right for the community. Martin Elementary is not far away. Mothers might want their children to be in daycare until they are able to come and get them . In a licensed residential home no more than six children can be kept at one time. The compensation of six children isn't enough to take care of my family after the overhead is paid. Which is, why I strongly believe that the house would be perfect for myself and the community. Sincerely, Mary Grant TVIJA- d - MU 1458-za: Request for a zone change from RS (Residential Single Family NORTH Dwelling) to NC (Neighborhood Commercial) or a more restrictive district and a specific use permit to allow a day care center. A Location: 4050 Agnes SCALE Applicant: Mary Elizabeth Grant 1"=200' I A me 14 — Is W >; to 91 Waii la GCM la 4' EPeMM':'v04 ",,fr 9 PEMBROKE ST. 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TOPIC: SPOT ZONING Spot zoning is defined as amending the basic zoning, ordinance so as to reclassify one or more tracts of land where the conditions occurring since the original enactment of the zoning ordinance do not justify the change.' According to the City Attorney, Lane Nichols, spot zoning connotes an unacceptable zone change that singles out a single tract for treatment that differs from that accorded similar surrounding land without proof of changes and conditions. Whatever definition is used, there is no room for "valid" spot zoning. When reviewing zoning amendments under the spot zoning doctrine, courts reverse the presumption of validity and require the city to justify its rezoning. Spot zoning is criticized because it is discriminatory. The only valid reason for regulation of property is to preserve the general welfare of the public. Once a city starts making exceptions to its general zoning scheme, many of the benefits of the general plan are lost. if zoning is to work effectively the citizens of the community must cooperate in seeing that the provisions of the ordinance are enforced. Spot zoning cases ordinarily deal with rezoning that benefits'a specific tract with a use classification that is less restrictive than provided by the original zoning ordinance. One theory of spot zoning is that when the legislative body departs from its comprehensive plan and rezones especially to benefit a small tract, it violates the enabling aces requirements that zoning be "in accordance with a comprehensive plan". Thus stated, spot zoning is a problem of enabling authority and does not raise constitutional issues.2 Spot zoning can be considered constitutionally defective as well. The departure from the legitimate goals of comprehensive zoning make the action arbitrary and therefore not within police power authority. Texas courts have applied inconsistently a rule that invalidates specific tract rezoning as spot zoning unless the municipality shows that rezoning is justified by a "change of conditions that occurred between adoption of the original ordinance and the rezoning". This approach injects the courts into the very heart of local zoning decisions and reflects a basic distrust of municipalities when they amend zoning ordinances to respond to particular landowner and neighborhood interests instead of general community interests Courts look much more carefully at zoning amendments than at original enactments. Ordinarily, the review of amendments is focused on a favorable reclassification that allows an unwelcome commercial or high -density residential use in a previously restricted residential neighborhood. Favorable spot zoning can be constitutionally defective from departing legitimate police power goals and for discriminating in favor of the rezoned district.4 1McCoy and Butler, "A Constitutional Basic For Zoning;" The Texas Supreme Court Page 7 2Mixon, John "Texas Municipal Zoning Law" Sec. 3.12. 31bid 4 Ibid Spot zoning can ,be detrimental to the rezoned tract instead of beneficial. If the legislative body singles out a tract and increases the burden of regulation that apply to it, the owner may seek to invalidate the amendment on grounds that it unconstitutionally deprives him of property by departing from the legitimate goals of comprehensive zoning, or by applying zoning regulations in a discriminatory fashion, or by confiscating his property by denying all uses that would produce a reasonable rate of return. The case that introduced the spot zoning doctrine to Texas, Barrington v. City of Sherman, invalidated reverse spot zoning that discriminated against the rezoned tract. A similar case, City of Beaumont v. Salhab applied the spot zoning rule to invalidate a zoning amendment that imposed greater restrictions on a small tract. Both cases stated that the ordinary presumption does not protect spot zoning and that the city did not justify its action on the basis of changed conditions. The City Attorney suggests that when we find ourselves faced with a spot zoning situation, the following issues should be carefully considered: 1) The law demands that the approved zoning plan should be respected and not altered for the special benefit of the landowner when the change will cause substantial detriment to the surrounding land or serve no substantial public purpose. Would the zone change be in compliance with the adopted comprehensive plan? 2) Will this change adversely impact the surrounding properties? The nature and degree of an adverse impact upon neighboring lands is important. Lots that are rezoned in a way that is substantially inconsistent with the zoning of the surrounding area, whether more or less restrictive, are likely to be invalid. 3) 1s the tract of land suitable or unsuitable for use as presently zoned? This is a factor. The size, shape and location of a tract of land or lot may render it unusable or even confiscatory as zoned. 4) noes the proposed zone change bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas. The amendatory ordinance must bear a substantial relationship to the aforementioned considerations. ANALYSIS CONDITIONS FOR APPROVAL OF SPECIFIC USE PERMIT (SECTION 30-26.E, ZONING ORDINANCE Application is in Compliance CONDITIONS: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; 1 That the establishment of the specifie use will not impede the normal and orderly development and improvement of surrounding vacant property; x 1 That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; x 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; x 7. That there are, sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and 8. That the proposed use is in accordance with the Comprehensive Platt. x Application is not in Comments Compliance Attached ANALYSIS continued This application for a specific use permit is in compliance with four (4) of the required eight (8) conditions. Comments on conditions 1, 4, 5 and 7 follow: 1) The applicant proposes to operate a day care center with 40 children as clients. The existing residential structure contains only 1,200 square feet. There is a small yard on the north side of the house but there is no parking or screening proposed. The lot measures 117' x I 10'. 4) The site plan was rejected by the Traffic and Transportation Division due to the absence of a parking and driveway scheme to accommodate a day care center. The street right-of-way width is only 34'with open ditches and an 18'wide pavement, 5) This is a neighborhood of single family frame homes. The outdoor activities and play of up to 40 children could pose a noise problem for the neighbors in the immediate vicinity. 7) The applicant has not proposed to construct the required 8' tall privacy fence nor the required landscaping buffer. Neither has she requested modification to the landscaping regulations. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: PROPERTY OWNER: STATUS OF APPLICANT: LOCATION: EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH:Residence EAST: Residence SOUTRIZesidence WEST: Residence Mary Elizabeth Grant Annie Bell Roper Prospective Buyer 4050 Agnes Street RS (Residential Single Family Dwelling) 0.29 acres, more or less Vacant house "C" - (Minimal Hazards) SURROUNDING ZONING: RS(Residential Single Family Dwelling) W RS RS GENERAL INFORMATION/PUBLIC UTILITIES continued COMPREHENSIVE PLAN: OTHER PHYSICAL FEATURES: STREETS: DRAINAGE: WATER: SANITARY SEWER SERVICE: FIRE PROTECTION: ADEQUACY OF SERVICE: Conservation and Revitalization None Agnes is a 34' wide residential right-of-way with an 18'wide asphalt pavement, Open ditches in Agnes. There is a 2" water line in the street right-of- way. There is an 6" sanitary sewer in the, street. Fire protection is provided by Station #2, Wilson at Ironton. Existing services and utilities are adequate but the street right-of-way width and the pavement are substandard.