DRAKE, J.
Defendants/Appellants, the City of Zachary ("City"); Francis Nezianya, Brandon Noel, John Coghlan, Dan Wallis, and Tommy Womack, all in their capacities as
This case involves a proposed multi-family apartment complex, which ZHP desires to construct on a tract of land within the city limits of Zachary, Louisiana. The dispute revolves around a purported discrepancy between the current zoning designation for the subject property and the future land use designation for the same property, as set forth by the City's Comprehensive Master Plan.
On March 28, 2012, ZHP purchased over 29 acres of land on McHugh Road for the purpose of developing ten of those acres into a 156-unit, multi-family apartment complex called "The Village at Magnolia Trace." The property was, and is currently, zoned Residential/Urban and is located behind a hospital, Lane Regional Medical Center, and between an assisted care facility and apartment duplexes.
Prior to the purchase of the property, ZHP initiated the process of obtaining the permits and approvals required to construct and operate its housing project within the municipal limits of the City. To determine the viability of the property for the development of a multi-family apartment complex, ZHP contacted the City's code compliance officer, Hugh Engels, to request information about the zoning of the property. In a letter to ZHP dated May 27, 2011, Mr. Engels stated that the property was zoned Residential/Urban and Residential/Estate, which allowed for the development of a residential complex such as the one proposed by ZHP.
In accordance with the City's Unified Development Code ("UDC"), ZHP then submitted applications for site plan review and resubdivision.
At the Committee meeting, Mr. Engels again noted that there was a discrepancy between the current zoning of the property and the future land use designation of the property under the Master Plan. Despite this, the Committee allowed ZHP's applications to proceed to a public hearing before the Zachary Planning Commission. At the public hearing, Mr. Engels again stated that the City's Master Plan designated the future land use of the property as Agricultural and Forestry. At the conclusion of the meeting, the Commission voted unanimously to approve ZHP's applications, contingent upon agreed-upon concessions and conditions.
Following the denial of its applications, ZHP filed a petition for writ of mandamus, judicial review, declaratory judgment, injunctive relief, and for damages. Following a trial of the mandamus claim, the district court ruled in favor of ZHP, made the writ of mandamus peremptory, and ordered the Council to unanimously approve ZHP's site plan and resubdivision applications. The defendants now appeal.
A legislative body's decision to deny a use by right, in compliance with the applicable zoning ordinances is subject to strict scrutiny, not the normal standard of broad discretion applied to variance cases. D'Argent Properties, LLC v. City of Shreveport, 44,457 (La.App. 2 Cir. 6/24/09), 15 So.3d 334, 340, writ denied, 09-1726 (La. 11/6/09), 21 So.3d 308; see also La. Const. art. VI, § 17; La. R.S. 33:4722-26. The reviewing court does not consider whether the district court manifestly erred in its findings, but whether the legislative body acted arbitrarily, capriciously, or with any calculated or prejudicial lack of discretion. Papa v. City of Shreveport, 27,045 (La.App. 2 Cir. 9/29/95), 661 So.2d 1100, 1103, writ denied, 95-2544 (La.1/5/96), 666 So.2d 295. The test of whether an action is arbitrary or capricious is whether the action is reasonable under the circumstances. Id.
This dispute revolves around a purported discrepancy between the current zoning designation for the subject property and the future land use designation for the same property. The land is currently zoned Residential/Urban under the UDC. A Residential/Urban designation permits the construction of a multi-family apartment complex, such as the one proposed by ZHP. However, the Future Land Use Plan Map, adopted in conjunction with the City's Master Plan, designates the future land use of the property as Agricultural and Forestry. Under the Master Plan, ZHP's proposed apartment complex is not a permissible "future use" of the property.
The appellants argue that the district court erred when it granted ZHP's writ of mandamus, which required the Council to perform what the appellants argue is a discretionary function. The appellants aver that the Council had the discretion to ensure that ZHP's development was consistent with the City's Master Plan, pursuant
Any local governmental subdivision may draft, adopt, or amend a home rule charter. La. Const. art. VI, § 5(A); La. R.S. 33:1395(A). Louisiana Constitution article VI, § 5(E), read in conjunction with article VI, § 6, allots to home rule charter local governments exclusive control over the operation, management, and internal arrangement of the component parts of its local government. Lafourche Parish Council v. Autin, 94-0985 (La. 12/9/94), 648 So.2d 343, 356. In this case, the City had adopted a home rule charter pursuant to Article VI, § 5 of the Louisiana Constitution. Therefore, the City operates under a home rule charter and is authorized to exercise any power and perform any function necessary, requisite, or proper for the management of its local affairs.
Zoning is a general plan designed to foster improvement by confining certain classes of buildings and uses of property to certain localities. Jenkins v. St. Tammany Parish Police Jury, 98-2627 (La.7/2/99), 736 So.2d 1287, 1290. Local governments are provided with broad powers to adopt regulations for land use, zoning, and historic preservation. Louisiana Constitution article VI, § 17, provides, in pertinent part:
Local governments have the authority to enact municipal zoning regulations. Louisiana Revised Statutes 33:4721 states:
Zoning regulations must be uniformly applied within each district or zone of the municipality. La. R.S. 33:4722(C). Such regulations and procedures must be strictly construed in favor of the use proposed by the owner. Wright v. DeFatta, 244 La. 251, 260, 152 So.2d 10, 14 (1963).
The zoning commission must give notice to the public and hold public hearings on proposed recommendations before they can be transmitted to the legislative body of the municipality. La. R.S. 33:4726(A). Once the legislative body receives the recommendations of the zoning commission, it must conduct a hearing on the proposed recommendations and give the public adequate notice of the hearing. La. R.S. 33:4724(B).
By resolution dated April 27, 2010, the Council adopted a Comprehensive Master Plan to guide development within the city limits by sustaining the City's commitment to well-managed growth, environmental responsibility, redevelopment and enhancement of its downtown area, improved neighborhood integrity, and prosperity and economic opportunity. The Master Plan was developed in accordance with the mandates of Louisiana Revised Statutes 33:106, which provides, in pertinent part:
One purpose of the Master Plan was to identify the present and future land use for parcels of property within the city limits.
In connection with the Master Plan, the City adopted the UDC and Official Zoning Map.
The instant case is a situation in which an owner seeks a use by right, in compliance with the applicable zoning ordinances, conforming to every modification imposed and approved by the City's Planning and Zoning Commissions. ZHP's site plan, as approved by the Planning Commission, to build a multi-family apartment complex as a use by right, was valid. No person who testified at the Council meeting demonstrated or presented evidence of how ZHP's site plan failed to address any problems noted by officials and members of the community. Zoning ordinances and actions must be strictly construed in favor of the use proposed by the owner. Wright, 152 So.2d at 14.
The district court ruled in favor of ZHP, holding that the City was "arbitrary and capricious in denying the plaintiffs their right to use the property by trying to rezone the property ... to rural agriculture." We agree. While the Master Plan designates the future use of the property as Agricultural and Forestry, the UDC and Official Zoning Map indicate that the property is currently zoned Residential/Urban and, as such, permits the development of ZHP's apartment complex. Despite being currently zoned as Residential/Urban, the City argued that the future land use character of the property purchased by ZHP was Agricultural and Forestry. At the trial on the writ of mandamus, the City's code compliance officer, Mr. Engels, testified on behalf of the defendants. The district court asked Mr. Engels to indicate at what point in the future the Master Plan's designation of the "future use" of the land is triggered. Mr. Engels responded "it's just called for whenever the person wants to rezone the piece of property," which could be some time "over the next twenty years." We note that ZHP was not attempting to rezone its property, but to simply use the land in accordance with its current official zoning designation.
The district court recognized that, at some arbitrary point in the future, the Master Plan would effectively rezone property in the City based on the future land use designations as set forth in the Master Plan. The future land use designation of ZHP's property denies ZHP the use by right of its land under validly enacted zoning ordinances. In this case, the Council's reliance on the Master Plan over the City's zoning ordinances teeters dangerously on the edge of becoming an unconstitutional taking of property and a due process violation.
A writ of mandamus is an extraordinary remedy set forth in the Code of Civil Procedure. It may be directed to a public officer to compel performance of a ministerial duty that is required by law. La. C.C.P. art. 3863. A writ of mandamus will issue only when there is a clear and specific right to be enforced or a duty which ought to be performed. It never issues in doubtful cases. Louisa Seafood Co., Inc. v. Louisiana Wildlife & Fisheries Comm'n, 546 So.2d 571, 573 (La.App. 1st Cir.1989). Our jurisprudence is clear that such a writ may not issue to compel performance of an act which contains any element of discretion, however slight. Rather, the act must be purely ministerial. Big Train Const. Co., Inc. v. St. Tammany Parish, 446 So.2d 889, 890 (La.App. 1st Cir.1984); Affordable Housing Developers, Inc. v. City of Baton Rouge, 95-0015 (La. App. 1 Cir. 10/6/95), 671 So.2d 381, 383. In reviewing a writ of mandamus, the district court is limited to the question of the duty of fact of the enacted legislation and the ministerial character of the duty the official is asked to perform. Plaisance v.
Furthermore, we distinguish King v. Caddo Parish Comm'n, supra, and several other cases cited by the appellants, on a factual basis. Those cases involved requests for variances, special exceptions, or rezoning of a particular piece of land. Here, the Council was not "adopting, approving, or promulgating any local laws, ordinances, or regulations" when considering ZHP's applications.
We conclude that, in denying ZHP's site plan and resubdivision applications, the Council acted arbitrarily and capriciously, with violation of due process implications. We therefore affirm the ruling of the district court.
For the foregoing reasons, the judgment of the district court, which made peremptory the writ of mandamus filed by Plaintiff/Appellee, Zachary Housing Partners, L.L.C., and ordered the defendants to unanimously approve Plaintiff/Appellee's site plan and resubdivision applications, is affirmed. All costs of this appeal, in the amount of $1,637.50, are assessed to the Defendants/Appellants, the City of Zachary; Francis Nezianya, Brandon Noel, John Coghlan, Dan Wallis, and Tommy Womack, all in their capacities as members of the City Council of the City of Zachary; and David Amrhein, in his capacity as the Mayor of the City of Zachary.
GUIDRY, J., concurs.
RHP by PARRO, concurs without reasons.