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Home My WebLink About1457-ZDATE,: July 19,1999 TO: Planning Commission and City Council FROM: Stephen C. Richardson, Planning Director SUBJECT: Request to rezone property from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District. FELE: 1457-Z STAFF REPORT The applicant operates a health food store in a west end shopping center. She wishes to move her retail store to the auto, garage next to her house at 2790 West Lucas. All of the surrounding property is zoned RS (Residential Single Family Dwelling), Existing development is single family in the immediate vicinity of the subject site. This request, if granted, would result in a "spot" zone of commercial in a residential area. This application is not in compliance with the Comprehensive Plan of Beaumont. Increased traffic alone is insufficient to validate an otherwise invalid spot zone. Exhibits are attached. PUBLIC NOTIFICATIQN Notices Mailed to Property Owners: 26 Responses in Favor: Responses in Opposition: LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the north 1/2Lot 13 and the south 50' Lot 14, Block 3 1,Calder Highlands Addition to the City of Beaumont, Jefferson County, Texas, containing 0,640 acres, more or less. June 23, 1999 City of Beaumont, Zoning dept. Deu, Sir or Madam: 1, Sheree' LeBlanc -Gutierrez , would like to request that my garage at 2790 W.Lucas in BmL Be zoned commerical (please) My dad, and I opened a mom and pap retail Health Food Store In the Colonnade cntre. In 1982 at 6270 Phelan Blvd.Due to an accident 2 ym ago and my dad's Health condition in general, he has redred from the business. I'm nrw having to operate a business, that has dropped 314 of its business due to majorcompetition (Walm4d, ANC,ssibl4thal the Col Shop. Vilman Worg Basic Food,.......ecr,) Now theirs po C�I&e.pve been witkjor the last 17yrs. Is being sold on July 10. The rent is increasing 300.00 More per mo.rued 300.00 more over the next year per, ma.1 don't want to relocate (due to Higjw rent else where and no profd being made now; there Is a chance we will have to Close the doors and all my family has work for will be gonel If I can do more mail orders and make deliveries from my garage at home and have less Overhead, things might pull out -or at least break evem please, feel free to go by my home and see the driveway and garage are large enough to Handle U.P.S. pick-ups without (hopefuUy) causing any traffic problems on W.Lucas ...... THIS MY LAST RESOURCE11111111111111111111111111111111111111111111111111111 Singrely, 1 11 — — ? Z5 �,, S I �e (eeie a n u , " '(A i*n.CG derre? FILE 1457-Z: Request for o zone change from RS (Residential Single Family ANA Dwelling) to NC (Neighborhood Commercial). Location: 2790 West Lucas r Applicant: Sheree' LeBlanc -Gutierrez ' Aa an r dw� )0 b51 1 - ♦ w NORTH Ak SCALE err 1'r=2010' %lJ v rr JJ' AO" d Y, Is \W //y W As �y I 0 b �Ml9D ' lI t 1!aRT 11 JA R N r1 6! do r OIJ� IA C;5ANE a diY.?d IS di r f""'\N (T 1 R E N J� 19 M U AAI' 60 At E.-Jv or Aw rr 9 rr 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 act's 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.3 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 'McCoy and Butter, "'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. C"ity 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 fund 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) Is 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) Does 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. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT Sheree' LeBlanc -Gutierrez PROPERTY Same as applicant LOCATION: 2790 West Lucas Drive EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.640 acres, more or less EXISTING LANII Residence with garage FLOOD HAZARD ZONE: "C" - (Minimal Hazards) SURROUNDING LAND USES: SURROUNDING ZONIN NORTH: Residences RS (Residential Single Family Dwelling) EAST: Residences RS SOUTH: Residences RS WEST: Residences RS COMPREHENSIVE Stable area OTHER PHYSICAL, FEATURES: New widened concrete driveway. STREETS. West Lucas Drive, a secondary arterial street with a 60' wide right-of-way and a 44' pavement. DRAINAGE: There is a storm sewer in Lucas. WATER: There is a 20" water line in the street. SANITARY SEWER ,R SERVICE: There is a 12" sanitary line in the street. FIRE PROTECTION: Fire protection is provided by Station #4, West Lucas at Gladys Avenue. ADEQUACY OF SERVICE: Existing services and utilities are adequate.