Planning & Zoning Commission - Regular Meeting

Okay, it is uh 6 p.m. uh June 11th, 2025. I hereby call the regular uh meeting of the planning zone commission to order. Um the uh first order of business is number two is the pledge of allegiance. We will start United States flag. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Texas flag. Honor the Texas flag. I aliance to the Texas one and indivisible. [Music] Okay. Is there anyone in the uh audience would uh like to speak uh on an item public forum? Okay. Cheryl, would you say item number what? Would like to speak over them. Do you want to speak now or Yes. Okay. Okay. Okay. My name is Cheryl Fox and I live at 821 Stewart Street and I am uh looking at item number eight, the uh special request uh special use permit for a fast food restaurant. Um the reason I was coming here is because next on the 24th there is going to be a public hearing. So I would really kind of like that whoever whatever action y'all take that y' don't take no action and let's kind of wait on that because I know the feasibility study has been done

but I know that there has been no traffic uh at least I haven't seen impact and as far as I know they haven't received permission from either or from the the store behind there to have any other access to anything but I would request that y'all just have no action whatsoever Thank you. Okay. All right. Uh okay. We will go to item three. Uh consideration and possible action on the election of vice chairman. So we had uh Tom Lee. He was a vice chairman. So now we need to elect a new vice chair. I have a question. We only have four people that are sitting here now. Do we have a potential fifth person coming? Item number four. Yeah. When when will that be taking place? Right now we have that as item number five for consideration of a board of director recommendation for appointment. I would interested in that individual. If not, then that's going to depend on applicants that come in. I would like to take into consideration that we vote on this person and then we can all as a group vote for that vice chair. Yes. Can we go that long without a vice chair? Okay. Okay. So, that's my um motion to table table it. Okay. I'll second that motion. Okay. We have a motion to table the election of the vice chair until we have a full uh full house. Uh all those in favor say I. I. All oppose say no. Uh motion passes to uh table till the uh till we get everybody here. Um item number four, consideration of

possible action regarding the board of directors is Item number four in your packets is an application from plasma in consideration for this position. Is he here? Jeff here. Would you like to speak? I don't have an application. Hi, I'm Jeff Glazer and yes, I volunteered for this position because I've lived in the city for about three years. Prior law enforcement, very familiar with city council, prior departments that I work for. I worked quite a bit handtoand with the city officials, city council members, city employees and such. Just wanted to do my part and help out with the city of Okay. Where exactly is Jenny Lane? It's right on College Street. Okay. across the historic district. Are you in the historic district? No. No. Have you ever been to our museum and know the area that is uh historical? Yes. And have you ever been with the historical society or anything like that? No, it was my first time here when I was doing tours a couple years ago Christmas time houses. Okay. I make a motion to nominate Jeff Glazer uh for recommendation for would be appointment. I second it uh to the planning and zoning commission. Okay. Uh I have a

motion and a second for the nomination of Jeff Glazer to the uh P&Z uh commission. All in favor say I. All oppose. No. Uh welcome aboard. So what this means for the next step is that a resolution will go in front of council for uh to approve the appointment for this position. Thank you very much. Appreciate that. You're very welcome. Okay. Item number five, uh, update on a request for special use permit for the temporary construction sales trailer at the town hills of Town Creek, 325 South Rose, Marie Lane. So, you all remembered approval for the special use per construction and sales trailer. On the 13th, the city council called for the public hearing that was supposed to be scheduled on May 20th before that public hearing. They did contact me and decided to cancel the that request for special. The model home was built in time. So the sales people were able to use model home and the supervisor on site said that he wouldn't be using any Oh, great. Thank you. Thank you. So, no act, just no action. Okay. All righty. Uh item number six, I'm not a second. Item number seven, consideration and possible action regarding the followup documents submitted in support of the approved installation of a roof cover

roof over the existing patio located at 14335 Liberty Street in the historical preservation district. Thanksgiving. Yes, we have meeting minutes first. Pardon? Item number six. It's a copy of our meeting. Oh, I'm sorry. Let me back up. I'm sorry. Uh, item number six, consideration of possible action on the regular meeting minutes of May 6, 2025. I will make a motion to approve the meeting from May 6, planning zoning commission meeting. I second that. I have a we have a motion and a second for the approval of the May 6, 2025 uh regular meetings minutes. All in favor say I. I. All oppose say no. Motion passes. Now, item number seven, consideration of possible action regarding the follow-up documents submitted in support of the approval approved installation of a roof over the existing patio area located at 14335 Liberty Street in the historical preservation district. So, this is an update on what your requirements were on the approval for this location for that extension. Um, I listed the six items and a followup on them. Number one, that you would get his building and train permits of course before he starts. Number two, the material specifications. I did attach that in your packet. Um you wanted the thickness to show that. Number three, we'll verify that. Number three, number five, number six, we'll verify that during the site inspections. And then uh number four, he did update the front porch.

and and the um the roof decking he is using that meets all the codes standard building codes and the building inspector has not reviewed that portion yet. Okay. We're waiting for is to see if you will be okay with what he's presenting the type of material. Okay. All right. I move to hear from the building inspector first before we make any final decisions, please. Okay. Um, when do you think he'll be doing that? The building. Yes. As soon as I can. Okay. Yeah. Yeah. I just want to see what his thoughts are on that type of panel being used and the post the existing post. Right. He's he's going to use the post. Yeah. cuz those have been there for however long to in you know the weather's been perfect. Yeah. I just want to make sure that that the what the panels he is using is actual commercial construction grade panels. He'll probably get a decision by the next commission meeting. Okay. He's going to be asking for more specific plans and that he submitted for certify. Oh, we will. Okay. All right. Thank you. Okay. So, we want to table this meeting. Yes. Can I get a motion for that? I make a motion that we table this number uh seven. I'll second. Okay. We are going to table item number seven until we get further um information from the uh the owner on the uh and the the building inspector's approval. Uh all in favor say I. I. Uh

oppose say no. Uh number seven has been uh uh pushed to further date. Um we are going to skip um item eight at this time and move on to um item nine. Uh considerate number nine, consideration possible action regarding the in installation of five new building signs on four wall and one hanging post uh located at 211012 Eva Street in the historical downtown district. I think they cleaned a lot of the side so you don't see any more. outline. Uh the actual location that he wants on here are um in the same Remax locations, but it will actually be a square rather than an outline of his of his business. And then there'll just be two new signs where there previously were not two of them on immediate one and you might have already seen the hanging post sign. Yes. Officer Tilla, my understanding is that the this recommendation does not exceed any of the signage requirements or limits, I should say. Uh they're well below that limit. I'm not quite sure if I uh appreciate

the sign being that close to the sidewalk and also swings in the weather and it gets blown off quite often. Um uh I'm just I I I'm I'm not liking the um the smaller sign that hangs out by the sidewalk. Not appreciating that as it's going into McGomery. It's not um as everything else that is in Montgomery, if you drive in and uh we everything that we have out there that I'm that I'm aware of is mostly stationary like it's either boxed in into the ground. The sign is attached to the top and the sides. Um well, this one is that but I don't know who approved that sign cuz I don't remember approving it. long. Yeah. Long long time ago. I'm just saying I want it on the record that I don't appreciate that in the historical district. I believe it needs to be more sound and and a structure that's like the rest of the signs that are moving down 105 as you go west. Yes. Type of I mean, we asked the quilting place to do it. We asked uh the other store down the road right behind uh your mama's barbecue. you know, we ask for specifics for that as well. I understand it's pre-existing, but we're also doing a lot of changes into downtown McGomery, and we want to make sure that we keep that preservation look as you travel west cuz there's businesses coming west. Also, Chairman Simpson had pointed out a few uh meetings ago that there is an exception in the historic district that we can't make them put in a monument sign in the historic district. I know we can make the suggestion. Yeah. Yeah. And

and being in the historic district, you want to I mean, it's only to the betterment of our community. Like you're you're wanting to bring people in. They're going to have to come past all those big box stores to get to us. And we want them the people coming into McGomery to understand that it's historic and that it should be treated as such and looked as such. I did put a note on there that safety reasons. Yes. And he's very okay to secure. Okay. Great. I'll make a motion to approve the new signs at 211012 Street with the caveat or request uh that the hanging post sign become a monument sign similar size. Have you request a motion? I'll second it. And I have a motion and a second to approve um the five new hang the five new signings at uh 212 and with the um request but the what you say I say yeah request request to possibly change that the swinging sign to um monument sign monument sign at some point in time. Um, all in favor say I. I. I. Opposed. Opposed. Okay, we have uh three eyes and one oppose. Motion passes. Let's see.

Item number 10. uh consideration possible action regarding a proposed proposal to make improvements to a property located 826 College Street in the historical preservation district. The property owner here she's proposing to make improvements to the existing family and property will be altered in appearance of the exterior elements of that um structure. So there'll be flat work front porch and lighting side deck back porch fence um within a fully fenced property uh gutters with rain barrels some chimney possly occurring in phase two. So you have a lot of the pictures of the proposal, a lot of examples of what she's looking at in the area, what's existing now. Um, what I would be recommending is approval of those improvements as long as you get your building tree permits, adheres to the planning and zoning commission's approved design elements. And it says June 3rd because of our initial meeting. It's actually for today, June 11th, and then any new modifications, but I do have you like to speak with her and some specific regions. Hi, I'm Tiffany. Nice to meet everyone. Um, so I actually own the property next door, this property and have for the last three years and um I've become very attached to this community and um the

previous owner of the property next door, her sister owned um my original property um became very good friends. She put a lot of work into that home over the last 25 years. When she purchased it, it was in disrepair. Uh there were a lot of things she had wanted to do. Um, I don't know if you all are probably familiar with Miss Kate Island. Um, she's been in the community for a long time and shared a lot of the history of the home with me and a lot of those things are what I took into the design element. We've talked about this transition for the last two years. Um, so what we put into that project was things to build on what she already did, restoring some of the things that were previously on the property, including a back chimney. um would be visible from the street which is the historical element and restoring that I think is kind of a a special part of the project. There is an original um drug system this we've consulted with a local Montgomery engineer to preserve that further ongoing. Um in our design plan we actually want to protect it from people sitting on it or crawling on it. Um obviously for safety reasons but really for historical preservation. So everything that um we took into the plan really is to enhance the um aesthetics, not changing the structure of the front porch in any way. We really like that. And that front part of the home is original. Um as you know, the time went on, it was built on it was originally the front porch with two rooms that was built on, you know, another room from when Missing the late 1870s. Um and then the final portion of the kitchen was built on um early 1900s and that's when the cook chimney was added. When this tape bought it, it was in the repair of falling off. Um it did have a side deck um which actually was on the survey that I before I ordered the most current survey. Um

and I want to put that back. So the majority of the yard is to the side of the property and that's where that deck was. Um, so I want to restore that portion and some of the other elements and then adding to the garden and the roses and things like that was just what I've done to the property next door. So that's my hope for the property safety preservation and then added to this neighborhood as a whole. First and foremost, I want to say thank you for the package you put together. most of the items we received do not have the thoroughess that you went through, especially your dedication to preservation for this building and for the home there. I just wanted to show my appreciation. I'm sure the rest of the board's appreciation for your efforts. Uh it's definitely witness to it. Um the fencing, so you're pretty much just going to continue from your existing property across the front. Is that Yeah, neither property is fully fenced in. Um the the lone estate behind me has the um branch 12 fence and it's already on two sides of my property 824 um and the back of 826. So what I would like to do is come up um 826 and then there is a small portion of 8.26 front um already existing. We're going to keep that but I want to it needs to be repainted and kind of refinished a little. Um, so we're going to add some caps and add that continue that across my 824 property and the entire property will be fenced in versus the house in the neighborhood. So I want to like, you know, one that's one part of it, but also I think that when you drive through the other homes that have the fence is just really appealing. So I want to continue that on that portion as well. And then the interior pickup fence is really I love to garden vegetables and I want like a farm style raised garden bed and sitting area and that's really just

kind of more decorative a lower picket fence that will enclose that garden area within the entire property. So you want to continue with ranch style fencing. So, and the height you said the exterior is already on, you know, three sides essentially ranch style. So, I figured, you know, just enclosing that. Um, but I do love like the picket fences that are in some of the other ones. My side of the street has ranch style. The opposite side but further down has the picket. So, I kind of wanted to add that picket fence element within the property. You'll still be able to see it from the street. um which took them finding roses on the fence which I think is really attractive. So I'm a big rose fan so I have a ton of plants that I want to continue that. Um but the goal of it is just to be you know as aesthetically pleasing but also functional to enclose that property um just a little bit more than it is right now. So, you're asking for the improvements to be the ranch style fencing, exterior ranch style, interior picket fence. Okay. And that's what's currently at 826 in the front two rail. We're going to um add just another board to keep the dogs out and um put like little caps on it just to make it a little more decorative on the front. So, it'll be, you know, not quite well and not quite pick. will have a little more decorative element which will match the homes on college street rather than just the gate on Did you include a picture of the fence? Um, so there is a picture of the front of the fence with a gate, a rod iron gate that I found at the McGomery Antique Festival that I'd like to enclose at the or use in the front. And you can see the um uh you can see part of there that's already there.

And I can tell you which picture it is. Let's see. I'm counting four boards. One, two, three, four. On the back there's four boards. Um on the front I might actually not include the you know Yeah, I don't see the front. I see the back because I know which fence you're talking about. I think there was the adjacent property pictures might show which is my property at 824 might show property. Thank you very much. Do the shed the sheds or the shacks or she sheds or whatever you want to call those in the back are those of a historic uh significance or they just there's a farm that's not in the best shape but it could be restored. We don't believe it has historical elements but it kind of adds to the character. We believe it's from the 1980s. I have a friend that's a partner that was trying to look it before to make sure. Um, the chicken coupe was actually from another property within the historic district, but it's believed to be from about the 1950s. Um, Miss Thailand, the previous owner, somebody was just going to tear it down and she was like, "Absolutely not. We're going to run my property." So, we love it. Just adds so much more character. So, that kind of work into the design. Um, so not truly part of your historical time frame within the historic district, but it's still ongoing. you know, it's in great shape and it'll add to the character and you'll do is this part of the packet that improvement too or you just suggesting to us like I I want to make sure what we're listening to for a possible action we're just specifically like are we just talking fence now or well the chicken coop is there have it there's a little door on the back storage unit probably stage three will be to restore the farm Um, but it's not visible from the

street. It just adds a lot of character on the property and it's not historic, but it just it adds to the, you know. So, your stage one, you're asking for stage one. Stage one is going to be the landscaping deck garden. Stage two is going to be um the back porch is not original. Um, Miss K actually built it 23 years ago, straight it in. Um, however, I would like to um extend that by 10 ft. She has a sloping roof. It would need to be I would like to make it pitch um so that it matches the existing house. And that's where I would put back uh the chimney using um like reclaimed or aged brick that would match the well. So, we're we found some old brick on the property that we're going to use. um we want to use like reclaimed and older materials where possible and then restoring that um element of the chimney on stage two. So that I do want to talk about that a little bit. I don't have all the quotes for that. I'm ready to go on all the landscaping once I get that done. And then phase two will be um What phase is the whale in? So the well is in phase one. Okay. I don't want to alter it, but I do want to preserve it. Okay. So on that, what I would like to do, we found some old brick on the property. I don't think it's as old as the well by any means, but it matches it. It doesn't have the same engraving. Um, we would like to build a border around it so people don't crawl on it, you know, because it never fails. It's like a yard sitting on it or a kid crawling on it. Miss K has told me about that in the past. So, we just wanted to maybe protect it in a more like an aesthetically pleasing way so that we could, you know, it would be within the garden um but have a protection so people don't actually fall on it. I thought it would be kind of fun to put a little sign so when people come and visit or they do the school tours that it would have like

little history tour or little history plaque about it um but people can still see it. And then um the ground up is in very good shape engineer that we've had take a look at everything um it's been over the years people for however long things take on it all kind of stuff. It's been recommended to us that with dirt, sand and water compact it um and then the uh part above the ground is still in really good shape but just to prevent people from climbing on it. It is historical though. Yes, it is original to the front part of the house. Is that is that something that the historical society needs to look into for the preservation when she's working on this with her building permits and stuff or is that just no? I will I will I will Okay. All right. So, any ideas that we can do to prevent someone from falling out? That's kind of what we were trying to do open to ideas um and trying to figure that out and maintaining, you know, um being able to see it and enjoy it for everybody. So, around the vegetable garden, have you um decided if it's going to be square or if it's going to have the caps decorative topping? Uh yes. Around your garden inside your interior. So, they're Yeah, they're just a little shorter. attract the exterior. Um, so I would say probably about 3 ft on that is really more spec, but I think it ties in with the other homes on the street as well. Okay. And the brick columns for the gate. So the um the idea was to again use some elements that match the well kind of t the property. And the opening of the

existing gate is a little bit bigger than the normal walkway or you know where the gate go bigger than what actually is, right? Um so the thought was if we could brick you know about the same height as the existing that um we could mount the antique row iron gate that I found um here in town. Okay. And then that would open and close properly. again tying in a little bit of that page road look throughout the landscaping and heartscaping as well. All right. So tonight we are here for stage one landscape the deck the garden the well ranch style fence the gutters. Oh gutters. Gutters and um there is so the the property actually sits on the hills. Yep. your front um you know when you're looking at the property the front right corner is almost flush with the ground and then it kind of comes a few inches to a foot. The back left corner is almost 4 ft off the ground. So there's a natural flow of the water um that goes you know diagonally across the property and it's been um uh advised to us through you know multiple people landscapers engineering foundation people that if we do like something to natur like keep the natural flow of the water but direct it around the house rather than under the house it will preserve um underneath from being washed away. There's a lot of erosion that happens, especially rivers like this when we have so much rain. So, you'll see a red arrow on that drawing and basically that's just a dry creek. We use natural material that'll look really good in the property and just help that water go still natural flow, not redirecting it, but just guiding it rather around the house rather than right under the house. And so you have the property beside if you've purchased this property and then there's like a

rolling soft ditch and then there's a neighbor beside you. Um on the 826. Yes. So there is at the front of the property. So everything kind of flows diagonally to the back. There is a towards the front there is a little bit of a hill. Um so the water doesn't go towards the neighbor directly. It all goes kind of diagonal to the back anyways. So, we would in no way be directing redirecting that. We're preserving the foundation of the existing property. And Tilly, when she uh submits these uh plans for someone to come out and look at the building, how the water's flowing, that's through the city approval from somebody that is she's hiring to do this to make the water flow and lifting up the house and going from underneath the house to the outside of the house. Is that part of that building permit? No, we don't need to. Yeah, we don't need to do all that. It's just the simple it it kind of goes that way anyways. So, and it gets a little wet in the backyard, too. So, it's two, you know, two reasons why. One, just doing that, but also so that you don't just walk. We just want to make sure that the correspondence between the existing neighbors and and what's exactly going to happen because there's somebody else on that road that's doing construction to their home as well. So, there's a lot of construction on that road. And also too, that small street uh is not the best street in Montgomery. So, uh the increase in the traffic that's going down there. So, there's a natural you can go right at the the part of the street where it drops significantly. Um and even the elevation change from my original property to the new one, it it looks like it's similar, but then when you're on the property, you notice how much it drops. So we wouldn't be redirecting the water, but kind of um something so you don't walk through the mud kind of thing. You know, the dry river I could talk about putting like a little bridge over it. You could do this

on a walk or flag stone or something like that. So um kind of the hardcaping so you don't have a a mud problem right there, right? But then also just kind of brings it to the back. It would still end up in the same exact spot. It wouldn't cause any more water, you know, for any other neighbors. We wouldn't be touching the property and that would just be part of the heartscaping landscaping package. Yes. Okay. And Tilly's going to tell us about building permits and what you're planning on doing as long as there is no increase. Okay. Doing gutters. The gutters are going into rains. I don't know. We've already looked at possible rain barrels and how that's going to work. But as long as there's no increase though, the water is being redirected around the house, but it's not increasing the amount of water that's draining out to the that corner. And that's a good point with the rain barrels. So, the point of that is to catch some of the rain. We don't need to put um we do want like a small um amount like a small sprinkler system that's on the package at the very front for the gardens and the um trees and things like that. But the rest of the vegetable garden, it's all going to be like on a drip system timer and we can use that water also from the rain barrels to um recycle it. So we're actually going to take by putting the gutters in the rain barrels, we're actually going to take water from the property that we can use um in other ways. I've done that before. My family's done that before and it works out really well. So, are you going to be uh planning on any uh tree removal or bush removal or flower removal that's existing? So, there is one dead tree right by the um I hate taking out, but I cut one out there looking at it. There's one dead tree uh one or two dead trees right by the chicken tree, but those are smaller. Um I did recently notice with all the storms we've had um there is a tree very close to the house like within a foot or two um in the back corner you

can't see like the trunk of it from the street but it has been dropping very large branches and it has wart disease um and I've had that before and it eats the tree from the inside out. So I am going to have someone look at that tree. That tree may have to come down just because of diseased and then the other just because of not being healthy. there's no other tree that it wants. Is it stage one or stage two that you plan on getting the um the feasibility of keeping or removing the tree? Um it would be stage one because um the dead trees are in the um uh garden the garden area. Um and they're not very big around the circumference. And the large one in the back looks really beautiful, but it's dropping very large branches on the house. um and it's the one that has wart disease. So even though I wouldn't need to remove that for any gardening or landscape or anything I'm doing the safety of the house is a concern and I' I've had that before where I came down from the storm. So I don't want that to happen. Um so there is possibility that that one's going to have to come. Um I don't know if you're familiar with w disease. it causes very large nodules on the tree limbs and it heats it from the inside out causing the tree to not be as structurally sound. Um, and I learned that far. So, recently I realized that about when do you plan on starting, you think? Immediately. We're very excited. Where do you plan to put the two single perculos? Okay, so there are two um there are two smaller swings on the front porch. They're not original. Um front porch ceiling is very tall, so they're um almost the chains are on there, so they're almost too tall for

the porch to sit on. So the thought is that I take those and um I pull it out into the yard. There's a really beautiful tree that is healthy. Um, I was going to plant flower beds on either side of the tree and in front of those flower beds, put just a one single arbor pergola um that the the little uh the swings can hang from. So, it won't be a massive structure. It'll match, you know, a painted white to match the fence and the house. Um, but just thought that was kind of a fun idea to move um kind of give you a sitting area out in the yard. And the picture that I found that was my inspiration picture is black, but it would be white to match this right there. Okay. Chris, is there anything you need to see for uh crush gravel expansion? It's all good. Can I do I do a picture? What color is the gutters? White the house. The proof is metal, but it's a very light metal silver color. So, white light would be the best. Sun room is uh what what stage two? Stage two. But I just wanted to kind of get your ideas and thoughts to make sure I plan that accordingly. I mean, an improvement is great, you know. As long as it's approved and it's building permit, it's within the guidelines of the historic district. Okay. And I'll submit that once I get the um quotes and um all the dimensions and all of that for that.

phase one. Okay. I'm going to make a motion that we um approve stage one for landscaping the deck. Oh, yeah. The deck two level. So, um, because of the height, yeah, we wanted to, um, there was a previous deck, one level, even with the house, it just kind of makes it hard because there's so many steps that need to go down. So, we wanted to have that one level expanded a little bit. Um, use some cedar that will age to do planter boxes as our railing, so it'll be more aesthetically appealing for the neighbors as well. Small rail for the steps, and then a lower level deck um, that'll have a wrapound step. supposed to be a little bit easier to walk without so many steps in a road. Is your uh property um uh accessible and ready for the movement of all the vehicles, landscaping, and uh all the traffic that's going to be going on especially on College Street and in your yard. Is it is it they can they can park part of that too. One more thing I'll add to they can park in the existing limestone driveway. However, um that's mostly washed away. That's part of the expansion, but they I do encourage them to park like in the grass. There's a portion at the front along the fence that we're not really doing anything. It's just stained grass. So, they can park on my street. I'm very sensitive to that because I own the property next door. Um when I have friends, I'm like, park in the grass so we don't bother the neighbors. So, I've got both the grass on um 824 and 826 that they can park. Just try to stay off the street as much as possible. Okay. I'm going to make a motion um for stage one gutters white rain barrels as long as there's no increase in water, your landscaping, the two-tier deck, that's going to be cedar.

The garden improvement, um the ranch style fence, um the two rail in the front, you're going to add one to the bottom. The rail you're going to put like a garter area around it. Similar stone to keep it within the historic look. The interior picket is going to be about 3 ft tall. And you're going to get information about the tree removal. Yes. And that's everything and and what we are going to say yes or no to tonight. Stage one, the uh the rocks around the back, the dry river bed, which is landscaping. Yeah. But all the landscaping, the planter boxes are secure. Just to clarify, the deck itself will be treated weather treated wood because the cost of cedar is very expensive. I submitted that um stain color too for the deck and tried to pick something look really natural. Um to add to that as well, I make a motion that we um approve stage one, the list that we just read off. Um, I would like information on the tree removal. What your pro, you know, I think you mentioned two two dead. Yeah. Just to make sure that that's what's happening and needs to happen to those trees before they um cut the trees cuz around here they cut trees at night. You wake up and drive to work at 5:30 in the morning and the tree is gone. So, that is very pretty down in there. I agree. I cut any tree that I don't have to. In fact, I planted more trees, too. So, I make a motion to approve stage one as listed above. I'll second that. Okay. We have a motion and a second uh for the approval of the proposed agreements at the property located at 826 College Street in the historical preservation

district. Uh items listed by Marion. Uh all in favor say I. I. Oppose say no. Uh eyes have it unanimous. Uh number 11. Thank you very much. Thank you. Uh consideration and possible action on the variance request related to the required utility easement and vegetation setback for the HCP development number 242. Good evening. Evening. In your packet for 64, you'll see a letter uh from us regarding the requested variances followed by the copy of the letter uh from HB on those variances and an exhibit. And then finally in front of you we handed out another similar exhibit just aerial because there's a lot of pieces to this so you can see what's going on that's better than just the black and white picture that you have. So there's three real kind of main items that are being requested. Two are a variance. The third one is more of just a notice. It is not a specific rule. It's just a clarification that that they wanted to make sure was was there. So let me hit that one first because that one's checked off the list. Um so on their parking lot trees again this is for the HB development uh for their parking lot tree requirement what they requested is to keep all trees 150 ft away from the doors for sanitation. So they've had issues obviously about HPS this isn't the first rodeo and trees within 150 ft causes an issue with burn the building and people coming out. So that's their request. So your rules don't specifically say they have to be there. It has your rules state about the amount of canopy coverage that parking spaces need to be within 125 ft of a tree

trunk, but there's no rule against them having it 150 ft away. They still likely all the other. So that's that's that one. Uh the other two and I'll page here as well. I'll run through the items and kind of what they're requesting and and the reasons why I will let Bill they'll join as well kind of give kind of the reasons for the request what they're trying to obtain and then answer questions that you have. So the the first two the first item that they're requesting is a a do not buy a 16 foot utility along. Uh so if you look on the exhibit in your packet as well as the uh aerial that I handed out, you'll see the rough location of their proposed utilities um to serve the property that they are putting in at their cost. Uh so they are designing constructing those. uh they're not requesting any type of reimbursement for the city for those utilities and they are requesting that those remain in tech stock right away versus within um an ement on their property. The reasons for that is between they're proposing retaining walls as you all know there's a lot of elevation across that property. So they have retaining walls planned and obviously we want utilities not to be under are impacted by the retaining walls. So that is a large portion of the request. Our main concern with that is obviously utilities in text right away. If text dot requires you to move them in the future, it's your expense to do so. If text comes in and says they need to acquire what is an easement and they have to remove those text and pay for that relocation as part. So the city is currently dealing with this right out here for the 105 project on this end. Now obviously the the size of 105 and the size of the rightway is very

different right outside city hall versus the age of property. So what you'll see on that exhibit and these are rough sketches. So just again trying to set scale here where the proposed utilities are are between 80 90 ft off of the existent. So that is a lot of additional lanes and improvements that would have to be made in order for them to be in common. But that still means something could happen though and likely that would be the city's cost. That's why our preference is always thinner than easements especially on when it's not city rideways this again there's a long way off pavement so the light is is relatively low next item on there is regarding the minimal landscape setback on the back of the property so again I'll direct your attention to uh the aerial exhibit so if you look at the southern boundary of the property where they back up to uh the neighborhood. That neighborhood is not within the city limits. Uh but again, it is single family use property. And so they're requesting a variance to go from a 25 ft required setback to a 20ft setback. And the reason being is again back to the retaining walls into the elevation of the property. They have to put in retaining walls along the back. And that retaining wall, they need that additional space in order to make their site work. And you'll see in your packets a copy of their site plan that that lays that out. So with that, you kind of jump in. They can give a an overview and provide more detail on the why on these two items and then ask questions. I want to ask you a question. Um, not too long ago that subdivision came to us, correct? Because of whatever was going to go on on the other end and they were going to try to come through their property and they had mentioned

that maybe they wanted to become a part of Montgomery. Where did that go? My understanding is they never came back. There was no real action. They were given some tasks to come back with and then it was in their court and it died. And um on all kind of projects, we usually send out a letter to the nearest people that are in and because they're not in the city limits, they're not going to get a letter that HB is going to um request 20 instead of 25. And there's going to be retaining walls behind they're not requesting any typically those notification letters go out for reszonings for variances. Are we have we've been sending out I don't there is a there's not a notification requirement. It will be obviously on the agenda. Uh I know just through records request the property owners are aware of this development. I think most of everyone in the area is aware that HB is on the property is planning to develop it. I don't think it's a secret. Um, but there is not a notification requirement. And in the event that there was, would you have to notify outside the city? If it's not, even if it was a reason, I just want to make sure because, you know, they've already come to us once about a circumstances and I just, you know, I don't want to be blindsided after we say yes or no to something and then they come in and poor pitiful me, you know, they won't be able to have whatever it is that they would like to be behind their palms. For sure. Well, with that, I'll have to answer any questions. I give you an overview answer questions. Uh, good afternoon. My name is Hector Leon. I'm the consultant in the 4 engineering consultant for in this project. Uh, if you guys have any questions for us, uh, just to add a little bit more on that, uh, set back on

the back. Um, as Chris mentioned, there's a lot of fault in this property. So, the store will be below where the houses are. the houses have the fence on the back and H is proposing to also add a fence there. Um and indeed we have some type of plantings. Now large trees will be challenging just because they're going to be above grade and then with the wall they can compromise a wall could get thickers but as far as shrubing or the fence would be installed. So there will not be any visibility from those houses into the HP uh even by reducing that. And I'm confident I mean we only need the 5 ft to make this way of work. Uh but even if we were to go more I don't think there won't be a visible u any type of visible line of sight I guess from those houses to the only reason I bring it up is because uh our trees are old. You know they've been they're big. You're beautiful. I understand. I understand. You lay cement, you lay a wall, the trees. I I understand. I just bring that up because it will come back to us. So, I have to say it first and then we'll come back and we'll read the minutes that the question was asked. So, you're answering it for us. We appreciate that. Anybody can clarify that before you go. So, the the fence will be built above the retaining wall. So, there's so the houses have the fence in the back. Yeah. and there's a gap between their property and where the retainable will go. Um, we'll work with city staff to see what the safest way is to put a fence there. As you may imagine, if we do a double fence, we create this corridor uh, which might not be ideal. So, um, we're open to what you guys would like to do uh, to facilitate that. Again, I don't know if a double fence really will make a difference, but if we will be will be on your best everybody's best interest for the fence, we would just the fact of creating that little

corridor there maybe. Right. I know. Is that the back side? Is that the backside like where the big 18 wheelers will come in and unload is Yeah. So to answer the first question, so it's part of the visual barrier ordinance. So you're required to have either a fence or vegetation. Okay. And so that's kind of this this piece that there and they're not concussive from that. It's just the depth of that. Okay. Correct. So we'll provide the like the vegetation of visual barrier as needed to follow that organ. So that that will will meet that part of the organs. The request is just reduce that a little bit. Um and as you guys can see on our site planning with all the property we essentially have rectangles almost all around our site, right? You know I love rectangles but sometimes YouTube is doing equ. So what's the maximum height of that retaining wall? The tallest we have on the plan in front of me. So maybe a lot of wall, but I want to say it gets close to 15 60 ft on the lower portion of it. And then as you can see on the planets side cuz that hill like the top of the hill right behind this door and then it kind of starts going up, right? So the the tallest point is right behind the store. Um the other main reason why we need that and then it goes into also the 16 ft at the front is we al try to keep the truck traffic as best we can on the back of the store and not make those trucks interact with the customers. Uh that's a very important thing for HB. That's a safety reason and having those extra 16 ft at the front and the 5t at the back provides enough area to not just be able to have enough parking that we need. As you guys know, HB means a lot of parking. Uh, but two, to be able to provide enough spacing for the trucks so they have a clear in and out all in the back cuz now they start coming in and they're going to try to start exiting to sort of run by coming in front. So, you're saying they're going to come in 2854. The idea is that trucks are going

to be coming in 2854. uh use the loading up there and with this extra space we're asking they'll be able to essentially turn around on that same area and exit the same way. 2854. So the impact is not on 105 for a big 18-wheeler. Correct. There's no because that turning zone right there right now where we're at I don't think an 18-wheeler is going to be just for you all's reference. We're also working with tax. So there will be improvements done to 204 to allocate the level of traffic that will be needed for those. All right. So do you own both those properties? The whole 30 acres or just that 15 owns you guys. Uh yes you see red the aerial that is a portion that HBO owns. Okay. Uh the portion in yellowish color it's it's a different color. Okay. And how many entrances are you going to have right there at that intersection? Cuz that's a gas station right there, right? You mean uh Oh, yes, ma'am. So, there is So, there's going to be three driveways and we're working with Texas to get all the permits for spacing through Texas, but right now we're proposing three of the 20 54 and one on five. Um, there's a lot of traffic that comes in and out of this course. I'm sure everybody gets in and out. Yeah, that's what I was wondering is cuz everyone wants to go to HB, but they put those medians in there. So now you'll have to come up 105 and turn left onto 2854 if you're coming from that end of Montgomery. And then you're okay if you're coming east on 105. Yes, ma'am. For the light, there's there's no room for us to be able to create that left turn on 105 safely. And that's I mean we we've all seen the HBS. The one in Mag Magnolia is pretty. The one right there in Conra whatever. Uh I mean I bless you. I've never seen it where

it's it's been unattractive. I'm just wondering uh that sure is a nice little corner right there that gas station's going on. And I'm just wondering, I'm trying to picture it in my mind, you turning into there to get gas if it's kind of like the Kroger set back off the highway and the hard and just so we're clear, the hard corner is not part of the HB. So, thank you. The hard corner will be HB doesn't control that corner. Okay. We have had talks with that developer, but it's been very high level. Okay. So, that's what I'm trying to picture in my mind is the traffic that hard corner and I'm like trying to visualize how we're going to fit that gas station in there and all that. Okay. I make a motion that we approve that we recommend approval to the approval all the variances uh related to section 7892 and section 782 for the HB development. I second. Okay, we have a motion, a second for the uh approval to city council for the variances requested uh by each development uh section uh 98 7892 and 78162. Uh all in favor say I. I post say no. Motion passes. Uh item number 12, consideration of possible uh consideration of possible action on

the acceptance of the byianual water and wastewater. All right. Uh so if you remember the last meeting uh we discussed the land use assumptions. Uh so what the the how many connections where the developments coming from within the city. Obviously, as you all can tell, as council can tell, there's the pace of development continuing to pick up. There's a lot of interest in the city. I think at the last council meeting, we talked to them about 20ish green development meetings that had occurred in the past 30 days uh 30 45 days and that's you know not counting all the stuff that's already in. So there is a lot of development going on. All that being said, that obviously increases the timing uh for uh improvements and so that pulls some of these projects up sooner in order to continue to meet those capacity needs. And obviously we're also at a time where pricing is all over the place. Um you know, it changes by the day and so upping the prices of those planned improvements to keep up with the growing costs that we're completing those projects. So in your packets you'll see a copy of a summary of that along with a bunch of additional packation. So all this is based off the next 10 years projections are between now and 2035. What do we need? What are the water and wastewater improvements in order to meet uh the continued growth in the city. Uh when you add all that up so we added in the additional connections and service units. Uh those didn't change drastically as we had, you know, some that were assumed higher originally that came in actually lower and then we had the new annexations that pretty well balanced themselves out. Uh but the cost did drastically increase on those projects. A lot of that is also we're bringing in you know where the last round of impact speeds was the first phase of the wastewater plant. This is

now bringing in that second phase of the wastewater plant in order to meet the need. So the total uh capital improvement costs between the water and wastewater projects is roughly 60 million uh between those two. So it's 26 for water improvements, 24 for sewer improvements. Can I ask you a question on that? When you say recoverable, I just want to be specific. What do you mean by that? So what the how fees are set up is you can only account for cost directly associated with increasing capacity. So, some of these projects include uh replacements, rehabilitations, things like that, components uh that pull that down. There's also a component that you can only capture up to 50% of the total cost. And so, it it all there there's a big spreadsheet behind this that balances all out. And so, you can't capture so let's use water too. Great for replacement of the ground storage tank that failed. You cannot use impact. If we increase the size of that ground storage tank, we can cover that delta with impact. Replacing the failed water well doesn't work. But the failed water well is 300 BPM. The new one's going to be right now has to be at 600 700 BPM. So we can pay that pro share because of the increased capacity of those facilities. Thank you. Sure. Uh so when you're going through again this packet, you have a list of all the projects and what they include. Um followed by a bunch of exhibits showing where all these improvements are. Uh they include water line loops, additional water line and sewer upsizings, water plant number four, additional improvements at water plant number three, and then the wastewater plant town and improvements to the skewer wastewater plant. A lot of these projects there are some that are in process. Um so some that are

part of development agreements to get done and as those continue bills will get taken out of the calculation depending on how they're paid for. So when the MISD for example did the water line along their property the C center that whole project was on the impact the city's contribution to that project was 75,000. And what we're calculating is basically what is the city pay on the other side of that Red Bird Meadows Mount Riley put in the water line along that was on the impact fee list that is going to stay on this calculation as the city is reimbursing those impact fees against that cost. So that is a cost to the city. Therefore, it stays and carries on with the calculation of so overall when you add it all up and I'll glally go into as much detail as you'll want. Um, when you plug in the updated cost with everything else, you're looking at about a 17% increase in impact fees uh across the board different sizes. So for a single family residential connection, it goes from 3980 uh for your maximum assessable impact fee of 40 478 on a single for new development. So again, couple things that I'll kind of just point out on impact fees. These are for new developments. So this is not doesn't apply to already plotted neighborhoods. as the impact fees are assessed at the time of planning uh in per ordinance that are due at the time of connection. So uh if hills of town section 5 for example is already plotted development these impact fee increases will expect an already platted on building development. Uh so it gives that consistency to the bill that someone comes in after these impact increases

are adopted and there's a a waiting period after that time subject to [Music] so process wise uh obviously there is a recommendation from y'all as the planning zoning commission has also acted as the Capital impact advisory committee. This is your capital impact advisor committee had recommendation of the changes. This will have to go to council. There will be hearing and it'll go through process. This isn't an immediate change. This is a a multi-step process permit the rules. We do this review twice a year. So we continue to make updates development changes and cost changes. So, you're saying it's a 17% increase is what you're going to take to city council for them to approve this after we make the recommendation. Yes, ma'am. That is the recommendation. Is there an alternative or anything or this is what we got and this is what we have to submit to city council or is there something that we can come back with or not that I would be an expert at it but for sure I mean we can definitely you know we can I think what would be beneficial to want to dive in is more of a workshop format and guide it to the

actual place here because it is a lot information to try to I thought city council did something on uh didn't they have a special meeting on Monday to go over some stuff? So, was that included? Uh last week special meeting was talking about funding of the current projects. So, talking through uh water and sewer rates and tax rate and other items to be able to issue uh bonds to be able to see those. Was this part of the figuration that was the use of so what what the city is is trying to do and considering is one thing they are able to use impact for is payment of debt. Okay. And so with the you know obviously collecting impact fees you're collecting it as a development vehicle not you know in advance and so the ability to sell debt and use your impact fees to pay off that debt to minimize the impact on tax rates minimize the impact on water rates and use those impact fees to pay the financial advisor you know based on kind of some preliminary assumptions that the cost they can cover a good chunk of years of debt payments without any growth um would prove impact these. And so that's I think what what I took away is council's kind of direction is wanting to be able to use these impact fees to pay for the debt in order to complete these projects and not not cash flow waiting on these impact as much as possible. Um yeah, my main fear there with the amount of projects that remain that and the demand that's coming um meeting the demand with the I know we have contingencies and all that but we're already at I mean you're sitting in con with the moratorum that they have on development that's my we get to that point

for sure there is a there's a lot of growth uh there's a lot of demand and we constantly update projections and timing look at buildouts and when things are going to hit. So last night the council they authorized the design of the water number four. So that project is officially kicked off and they designed the design of the wastewater plant is been in design for a couple months now. That should be done later this early this fall to start hitting that project into this year to get that construction underway. So you guys say it is it's ongoing and also it's you know a lot of these projects that are on here and I'll use another one as an example is the the waterline loops along Buffalo Springs capital that you all saw as well. They will fund those improvements. there is a payback period through those. But again, finding ways to to have development put up capital to provide these improvements and city capital. So did anything change about 6 months ago when we looked at this? Did anything change in your process from because we looked at all the charts everything last time. Did has anything changed in that? that charge is just the timing. And that's where the big driver is is on this is it it pulled up plant projects that were sitting past this 10-year period you know just with the rate and the the amount of developments that are that are approaching the city. That's the biggest driver because it is a large increase and the biggest driver in that is pulling those projects that were sitting past that 10 year period up into that 10ear period. I'll make a motion that we recommend

approval uh to the city council uh on the update when we get this correct on the acceptance of the bannual water and waste water impact fees. I second it. Have a motion to second for the uh approval to the city council for the bianual water and wastewater impact fees. All in favor say I. I. All oppose. No. Uh motion passes. Number 13, presentation regarding the MEDC wayfinding project and historical preservation district. Okay. I'm sure you've all heard about the wayfinding project in the last few years. This kind of brings it up front to you so that you can see what's going to happen in the historic preservation district, the type of signs that are being proposed, the location of the signs. I don't know if you're able to follow that map and I tried to highlight everything to make it easy for you to to follow it. So, the first page is the all from St. Montgomery and how they're uh sectioning out for certain signs. You'll see that the historic district is in the sign SL.08 sheet. And then from there you'll see the location. So you'll see something like location number 119 where I highlighted that you'll and you'll look at the map you'll see where 119 is located on here right at Clever and Liberty Street. So if you're facing the blue tree just sell and if you look at that it says bdir you'll go to the next section and it'll

show you what bdir is and what it looks like. And then the very last section of that is the portion where staff has to make comments and ensure that what is listed on that sign is how we wanted to read. So that is the kind of quick update on what's going on in the historic preservation district. Of course, a lot of the timing for the signs on Mac will have to work with the street redesign for Yeah. Just going to ask how that's going to work. Yes. Yes. We don't want to put it in and then it has to be removed because the sewer and water has to be put in or the brick paper whatever else is going in there the raised platforms all of that. So is this going along with the design of our grand uh picture of how we vision um McGomery to look? Is it part of that vision or is it an individual vision vision for the historic? I think it's been an individual vision. Okay. at the time when this started as I looked at the design master plan design and I don't know that but they all are consistent throughout the city and they will be um putting it it will be like for the houses that are historic the areas that are historic it will point out historic cemeter Okay. So that when we're doing what is the cost of this plan? Well,

it's in three phases. The fabrication and installation is approximately a million or three phases. I think the first phase is about 500,000 and that first phase includes the downtown historic district for the signs. Again, that's fabrication and installation. Is that our um is that including our uh sewer covers or just signs? Just signs. All right. It does not include the electronic message board. There's been a couple. You know, this is not the first time that this plan has been uh tried to put something together to lead people about the city in in some fashion as it just floores me that we're going to spend a million and a half dollars and we can't repair the streets. Those signs are going to go on. are the sidewalks that you need to walk up. I mean, it's it's it is absolute sounds insane to me to put, you know, a million and a half dollars wouldn't even start to fix the street problems we have. And we're going to put a sign up on it. The funding for this is coming from the budget, which is kind of the the development, the economic development of the city. I understand where the money is coming from.

I think the overall look is well within the historical nature of downtown. There's no action on the sides, right? There's no there's no action that's needed for the zoning guys. I just want to make sure you're informed about what's ahead in the history. and we're in charge of the maintenance if it gets knocked down or if it gets rusted or gets changed or whatever. But in the areas of the county and the text right away, they're also reviewing this to make sure that it meets their requirements of how it's installed, its location from the building, Okay. How easily is it how easy is it on these signs to change the letter if needed down the road? [Music] No, nothing is nothing in specific. No, nothing in specific. Just something changes downtown, different direction, this or that. the general restaurants. That's what I said. And who is your vendor that you're going to be getting the fabrication and the creation of this? Right now, we are looking towards source and you know by board to see what vendors we have. Right now I have one vendor and I'm waiting for that vendor. cuz once you get the screen print down, you know, that's half the battle right there. The cost of doing something again

is um not as severe as the first time around once they get it set, you know, if it's just a minor change after that. So, if we could locate that vendor that has good standing and has history and, you know, is going to be here in 3 years or 5 years or possibly just two years to make sure that if there is damage or a change, we don't have to start all over just to get the sign redone. That's a good that's a consideration. The vendor list is inoutheast Texas. Sorry, there isn't one. Yeah, thank you. Okay. Okay. Um we will move on to item uh 14 uh planning and zoning commission to meet a close session to the provisions of chapter 551 of the Texas government code in accordance with the authority contained in uh a section 551.071 071 consult with attorney uh with the attorney regarding the quest for a special use permit for a fast food restaurant with drive-in service. So we will convene to close session at 7:21 and I would like to uh so we all have us here uh thank uh Chief Solomon U Allen and I also would like officer Tilly and Ruby to accompany us in in the meeting. So thank

Okay, let's see if I can get this right. Okay. Uh the time is 7:41 p.m. Uh going back into uh open session. Planning and zoning commission will recon reconvene in open session at which time action on the matters discussed in the close session may be considered. A section 551.071 uh consultation with attorney regarding a request for special use permit for fast food fast food restaurant and dry food service. I make a motion that we recommend denial to the city council. No, this one is a no action. Okay. Sorry. Okay. I jumped ahead. I thought he was here. I'm sorry. Um, this is all new. I almost just need that piece of paper. Here it is. Right here, but I wrote all over it. Number eight. Number eight. Item going back to item number eight. consideration and cost of action regarding a request for a special use permit for a fast food restaurant for drive-thru service at 211049 Eva Street. Make sure I get this right. I recommend uh denial of the request regarding a request for special use permit for a fast street restaurant with drive-through service at 211049 Eva

Street uh due to the lack of provided uh lack of traffic impact analysis documentation that was requested at the planning and zoning uh commission April 2025 meeting and not in uh not in compliance in our opinion of the 2020 comprehension plan of Montgomery, Texas. I second it. I have a motion and a second for the uh denial denial to the city of uh to the uh city council for the uh special use permit for the fast food restaurant drive-thru restaurant at 2149 Eva Street. Uh as per listed items, all in favor say I. I. Oppos say no. Motion passes. Okay. Use your appeal. Um, is there any um commission inquiry at all? Yes. I'll bring up two things. Uh, the garbage is still not enclosed or covered. It's just out on the main street um and in behind businesses. We had talked about it several times about possibly um having a three-sided cover for it. And number two is probably not going to be welcome very much, but um the parking on uh 149 right in front of all the restaurants and all the shops and stuff. Um I I I believe that uh maybe it's against tech or highway patrol or for that parking area there where people park instead of it

being just open where people can freely walk and walk on the sidewalks and stuff. Um it just gets congested. It'd be different if there was parking spots and everyone can park in a certain area, but it just looks halfhazard parking along um the street on both sides going in both directions. I don't know how to get it. I don't know if it's a police thing. I don't know if it's a um inquiry as to who can park there and who can't park there and why they're parking on the street. You'd have to see if they're parking. Okay. If that's not the case, then can't do anything about it. How do we find out if it's illegal or not to park that way? Depending on where they're parked in, which direction they're facing. Do we have to ask the city or do we ask uh department of public? We'll take a look at Is there specific times you're talking about? Well, they're just um all the time like weekends. The weekends is when it mostly traffic about Friday night and it gets really dark. Yeah, it's really dark and they park and people use their golf carts to park kind of crooked and then their cars are parked. Uh it it's just it's it's not safe at at night time. Yes, I've come through there several times during that time of night late at night. Uh I'll agree with you being unsafe, but it's unsafe depending on Yes. If it's if it's legal or not. So, I'm just bringing it up because it's it's unsafe and unsightly and there should be other parking spots somewhere. Okay. And anything else? That it. Okay. Um, that's it. I'll make a motion for a tournament. Second. I have a motion and a second for

the adjournment of the Wednesday, June 11th, uh, P&Z meeting at 7:47. You need a vote. All in favor? I oppose you say no. Motion passes. All right. I thought about that. chicken because a lot going