Third Ward Gas Station Debate Highlights Houston’s Zoning Challenges

A proposed gas station in Houston’s Third Ward is igniting a debate about how neighborhoods can protect themselves from unwanted development in the absence of traditional zoning laws. Residents of the Riverside Terrace area are voicing strong opposition, citing concerns about health risks, crime and declining property values.

Residents Voice Concerns

Homeowner Nicholas Saunders expressed his dismay, stating, “Literally my backyard. No good — no good for anyone.” Saunders fears the gas station will negatively impact his home and the community, potentially decreasing property values and exposing residents to health hazards. As a disabled combat veteran with respiratory issues stemming from his service in Iraq, he is particularly concerned about potential benzene fume exposure. “Catastrophe. We’d lose money on the house. We’d never be able to sell it,” Saunders said. “There are health hazards. I don’t want to be breathing in benzene fumes.”

Houston’s Unique Situation: Development Without Zoning

Houston is the largest city in the United States without comprehensive zoning ordinances. This means neighborhoods rely on alternative mechanisms to control development. Attorney David Kahne explains, “Without zoning what we have here first and foremost are deed restrictions, and sometimes those deed restrictions can be used to block modern development.”

Residents in Riverside Terrace believe their community benefits from deed restrictions, which could potentially limit the types of development allowed. However, they claim these restrictions were not initially included in the application submitted to the city, raising questions about the thoroughness of the city’s review process.

Concerns Over City Review and Proposed Solutions

State Representative Jolanda Jones, a resident of the area, has raised concerns about the transparency of the city’s review process. She requested the original application submitted by the developer and was informed she would need to submit a public records request to access it. “If the city had done their due diligence in the first place, this property never would have been commercial,” Jones said.

In response, Houston City Councilmember Carolyn Evans-Shabazz is working on a proposal to add a verification layer to development applications. Her idea would require developers to obtain confirmation from local neighborhood leaders – such as a super neighborhood president or civic club president – regarding the existence of deed restrictions before submitting an application.

“If that signature is not on there, then certainly that should be a red flag that they have not done their due diligence in regard to the deed restrictions,” Evans-Shabazz said. Supporters believe this change could give communities a stronger voice in developments that impact their neighborhoods.

Current Status of the Proposal

Residents in Riverside Terrace are continuing to organize and gather documentation of their deed restrictions as they push the city to block the gas station proposal. The developers were scheduled to present their case to the city planning commission but the item was tabled for two weeks at the request of Councilwoman Evans-Shabazz.