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Above, Martindale Planning & Zoning Commission Chair Mike McClabb speaks at a meeting Monday at the Municipal Court Building. Daily Record photo by Zoe Gottlieb

Martindale rejects master-planned community

Wednesday, September 28, 2022

MARTINDALE — The City of Martindale unanimously rejected a Development Agreement with LanZola for a master-planned community, citing numerous “red flags.”

Martindale City Councilmembers pointed out multiple articles of the agreement as cause for alarm during the city’s Planning and Zoning Commission hearing on Monday.

In his recommendations to council, City Engineer Mike Ramsey reported there were not enough retention ponds in the developer's Land Use Plan and noted “no article pertaining to onsite drainage facilities, such as stormwater detention facilities and other drainage improvements.”

Commission Chair Mike McNabb said the most problematic article of the agreement was Article IV, Section 4.04, stating, “Owner shall not be required to comply with any City Codes which are inconsistent with the Development Agreement, Development Variations, the Development Standards, or the Design Standards.”

“So they're coming in and saying we did this development agreement; we’re not going to follow any codes or ordinances, which is unacceptable,” McNabb told the Daily Record.

Real estate development company LanZola owns 227.466 acres of land at 601 NW River Road in Martindale and has proposed building roughly 600 Manufactured Homes within the city’s ETJ and 60 tiny homes within Martindale city limits.

LanZola has also requested the city annex the ETJ zone of approximately 150 acres to connect to the city’s wastewater services.

The urban density involved in LanZola’s proposal would put strain on the city’s wastewater services and cause issues with impervious cover, according to McNabb.

 

The proposal

On April 14, LanZola Land Fund 1, LLC and Visara Capital, LLC submitted plans for a Development Agreement “to develop Lanzola Development as Commercial and Residential uses for Tract 3 proposing a redistribution of the zoning in the tract, Commercial use for Tract 2, and a Manufactured Home Community for Tract 1 which is partially within the City of Martindale and the San Marcos ETJ.”

More than 130 Martindale residents sent emails to the city council opposing the agreement.

Martindale's Municipal Court Building was packed and overflowing Monday afternoon as multiple public speakers accused the developer of not operating in “good faith.”

Councilmembers echoed residents’ concerns and raised new ones, questioning LanZola’s business model of “provid[ing] accessible and affordable high-quality housing options and living environments with the best features for different budgets.”

“Don’t promise an American dream and not follow through with it,” Councilmember Sonja Gonzales Villalobos remarked. “Why is it a land lease? Why would you have a land lease promising people, ‘Oh, you get a house,’ but you know what? The land that it’s on, they’re never going to own it.”

“I've lived here for 40 years, and I've never seen this community come together like this ever,” said McNabb. “Usually there's factions fighting with each other, but everybody was on the same page.”

 

Flooding concerns

According to River Advisory Committee Chair Matthew McGovern, LanZola has a history of violating Texas Commission on Environmental Quality regulations.

LanZola owns 10 acres on the city’s riverfront on the San Marcos River, which is not included in the development proposal, according to McGovern.

When they performed the site work, “[The developer] did a nice job of cleaning that part up, but the negative was that they got down to the sensitive river part,” McGovern explained. “And if you go down there and actually drive it, you'll see they removed all the vegetation. They took all the trees out. Other than a handful, they did not consult with anyone with regard to what would have been the best course of action or what trees they should have saved.

“They just cleared what they felt they wanted to clear.”

“They got cited by TECQ for when they destabilized that area, they did not put in new vegetation,” McGovern continued. “When you do any stripping or anything like that, you have to do something to restabilize the area within 14 days of doing the work.”

One of McGovern’s biggest fears with the new proposed development, he said, is the potential of having another flood like in 2015, which devastated Martindale and surrounding communities.

“We kind of joke about it,” McGovern said. “It's been seven years since ‘15. Is this the year we're going to get another tropical storm hurricane?”

McGovern says his committee has proposed more stringent impervious cover requirements to prevent another flood situation in Martindale.

“What we pitched from the river committee was let's make the standard 20% [impervious cover] on R1s, which means you put half-acre lots, you put a 2,500-3,000 square foot house, try to get them to do driveways that are gravel instead of concrete,” he said.

The trouble with LanZola’s proposal, according to McGovern, is the issue of lot density. More impervious cover means less rain is absorbed into the ground, which increases the risk of the river flooding.

“When you start getting these dinky little lots, you know, you're just feeding the beast,” he said.

The city ultimately agreed with McGovern, bringing down more than a yearlong effort on part of LanZola to bring “accessible, affordable, and high-quality living spaces” to the community.

LanZola issued a statement following the city’s vote “to provide clarity and a complete picture of the Draft Development Agreement proposal.”

“LanZola has been in constant communication with Council and staff members of the City of Martindale since the acquisition of the property over one year ago,” the statement reads. “With community engagement and feedback, The City Council of Martindale developed its ‘Envision Martindale Community Strategic Plan 2025’ in 2020 as a strategic plan to articulate citizen expectation, provide a blueprint for community goals and initiatives.

“This community plan includes initiatives to convert green spaces into city parks, the provision of space for youth sports, the revitalization of downtown with retail, dining, and entertainment options as well as the desire for affordable housing options and infrastructure investments to improve public services.”

LanZola said it intends to work with the City of Martindale and with the community to find a “positive outcome for all.”

Martindale’s Planning and Zoning Commission meetings are scheduled in regular city council meetings on the first Tuesday of each month.

To view the full meeting, visit the City of Martindale website or follow the link: https://zoom.us/rec/share/Mqz4juEn1v-8NQTuJn3Hj2N2MKrh-_lKI61cYejyPivPjL....

San Marcos Record

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