Conroe Sued Over City Council's Denial of Apartment Complex Rezoning
The City of Conroe is facing a lawsuit filed on February 13 by VMC Land Development LLC in a Montgomery County district court. The developer claims the city improperly denied their plans for a new apartment complex known as "The Palms at Conroe."
VMC Land Development sought to build a 280-unit apartment complex on an 18.2-acre plot located at the southeast corner of North Loop 336 and Pollok Drive. The project required the property to be rezoned from C-2 (Community Commercial) to MF-3 (Multi-Family Residential).
On December 14, 2023, the Conroe Planning Commission unanimously recommended approval of the project with a 7-0 vote. City staff also supported the rezoning, citing its consistency with the area's development patterns.
However, when the proposal advanced to the Conroe City Council on January 25, things took a different turn. Despite the Planning Commission's positive recommendation, the City Council voted 5-0 to deny the rezoning request. Mayor Jody Czajkoski and council members Harry Hardman, Todd Yancy, Howard Wood, and Curt Maddux all voted against the project.
Kevin Van Voice, the developer, has expressed significant dissatisfaction, claiming the city's decision was "arbitrary and capricious" and violated VMC's due process rights. He alleges the council disregarded the recommendations of its own staff and planning commission, instead succumbing to public opposition. During the January 25 public hearing, area residents had voiced concerns regarding potential impacts such as increased traffic, higher density, and effects on property values. Councilman Hardman referenced the city's Comprehensive Plan during deliberations, and Mayor Czajkoski shared concerns about density and overall quality of life in the area.
VMC's lawsuit seeks damages and asks the court to overturn the city's decision. The developer argues that the denial significantly diminished the land's value—from an estimated $6.5 million if developed as apartments, down to approximately $1.2 million for other potential uses like commercial or industrial development. The City of Conroe is expected to assert that the City Council holds discretionary authority to approve or deny zoning requests as they deem appropriate. This legal dispute appears poised for a court battle, centering on property rights and the scope of local governance in zoning matters.
