Planning & Zoning Commission - Regular Meeting

All right, it's just switched. Okay, it is now uh 6:00 p.m. uh Tuesday, September 2nd, 2025. Uh I here now call the meeting of the Montgomery regular meeting Plant and Zoning U Commission to order. Um, our first order of business will be the pledgence to the flags.

United States. I aliance 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. [Music] I aliance to the Texas one state under God one and indivisible.

Okay. So, we do have a form. Uh John Fox is uh out this evening, but uh we're all good to go. Um so, the next uh item will be the public forum. Uh we do have one uh Brandon Huffman. Huffman uh would like to speak out to you guys.

Sure. Way too many. So I apologize. You probably seen a lot of ordinances. Thank you. Thank you. Okay. Good evening, commissioners. My name is Bren. I live at 22530 FM 2854 in Montgomery, Texas. I'm the first house on the left. If you're headed south on 2054, you look up, it's right there. You can now see it from 105. You can now see it from Kroger. Um, I have some exhibits here, A, B, C, and D. Exhibit one is the setback section, uh, which approved reduced to 20 ft by, uh, city council. I'd like to address just my property with regards to that setback, and not anyone else's. There's an aerial lement that follows that 10 lement along that property line at the top of the property. My my property is at 300 elevation 300. HB is proposing taking down 10 foot to the back of the retaining wall. From there, dropping down 17 feet to 276 feet. Within the stepback requirement, there's a visual barrier component. Definition of visual barriers exhibit B where it indicates that a natural ground elevation to visual barrier should be present. If one is to accomplish that, you would have to plant it along the natural ground elevation. In the proposed drawings that were dated back in March, that can't be accomplished. I didn't do a public request information. I didn't model the entire site. You can see that the I am an architect. I do this for a living. I do multi-million dollar multi hundreds of million dollar developments across the state of Texas. This isn't the first time I've done it and I've had to comply with ordinances much more stringent than these. My ask is quite simple. Within the ordinance, there are a couple options

that can be upheld by council and then by the board. One is to comply with natural ground elevation creating a true visual barrier. Two definition ordinance which can be accomplished via trees fencing combination of both or a wall. A wall would be one that protect the safety of my kids who are right there. The natural ground elevation starts to be the same. When you hit the bottom of the retaining wall there is a direct access from the parking lot into my property. Nothing separating. I reached out to them asked if we could work together on something. The answer was the retaining wall is a visual barrier. That's the answer I got. There have been further conversations as I understand it to date that have changed that response. But that is one of my asks. My other ask is to consider which is exhibited. See the sound ordinances. 68 dB is the sound ordinance that at any time can go across a property line. 54 if you're residential person. Masonry walls can reduce decel by 40 to 50. While if you look at Federal Highway Association trees, even 100 foot in depth will only reduce sound by four to five dB. Your dishwasher operates at around 42 dB. Just to give you a sense of what noise level we're talking about dropping the building. Truly appreciate that you um you still have generators, you still have units on the roof, you still have air equipment, you still have trucks backing up all 20 foot away from property lines. I'd ask that you also enforce the sound or Thank you for your time.

Thank you.

All right. Thank you. This will pass all these uh on Chris and whatnot. I just want you to know that I had a meeting today concerning that. I am well aware and it's very obvious of what has happened to that piece of property and to your home especially um with the trees being gone is just wide open and that was not my understanding the last time I came to a meeting and I met with or he the Hed stood in front of us and that is not what I took away from uh what I expressed as vegetation and leaving as many trees as you ood. There was a mocking not a mocking bird, but a a a woodpecker that was supposed to be endangered. I don't know where that bird went, but the trees went with it. And uh

yeah, but I'm just saying like discussions. I just want you to know. Thank you. Thank you. Uh, I will move on to item number three, consideration of possible action on the PNZ regular meeting minutes of August 5th, 2025.

I'll make a motion that we approve the minutes as presented. Second. I have a motion and a second for the approval of the August 5th, 2025 um meeting minutes. All in favor say I. I. All oppose say no.

Uh eyes have it. Uh that passes. Meeting minutes pass. Okay. Next item we're going to be item number four, consideration of possible action regarding a request for a special use permit for a restaurant with accessory drive-thru service located at 22205 FM 1097. uh be the water stone on Lake Conroe lot Z or 01 lot RSA2. Good evening commission members. This track plan that they're looking at is proposing a new retail center. It's currently the vacant piece of property that's right next to Atkins Creek on the south side of 1097. It is zoned the commercial zoning district. The retail center is a peritted use in that commercial zoning district. One of the tenants that is looking at the property is a restaurant that would be offering drive-thru service. We don't know what kind of restaurant they think it's going to be. One that will offer breakfast type foods. Maybe it's donut shop. But again, we're back to the restaurants with the accessory drive through service because restaurant with drive-thru isn't an expressed permitted use of uses, you require a special use permit. Also, the accessory use of drive accessory uses require a special use permit and that's why we're here today for the special use permit application. If you look at the site plan on page 12,

I went through a list of the findings. So, the drive-through ling may be may contribute to uh any concerns that you might have regarding traffic and how it flows on the site. Most of the drive-thru is going to occur behind the building. So most of the parking behind the building will be employee parking. Uh the pedestrian traffic will be in front of the building again because the drive through vehicles will drive behind the building and around the east side of the building and then they'll come north up through the parking lot. hopefully avoid any kind of um increase pathways across pedestrian walkways. The way that they designed it appears to minimize any kind of disruption on the property. Um it's not like the statute is going to occur on FM 1097. Again, it would occur behind the building. Traffic flow looks like it would work. that appears to be well separated from any kind of um the parking area or the pedestrians. So based on these findings, I recommend approval or that PNC would recommend approval to city council. This special use permit will go to city also.

How long is the city I mean the uh special use permit uh good for? Again, you can place a restriction on that special but Keep in mind the drive through kind of permanent. What's Are there houses behind it yet? I know it's an empty lot, but is there plans there? It is residential behind there. This specific property was previously funded. So, all of the setbacks are already on set on that on that property. This property goes directly against the creek. Correct. Yes. The east side of it.

So that's the vegetative separation for that side. Correct. But then there's the residences. Exactly. On the south side. Mhm. Just the existing residential units already present. That's the they're separated. There should be very little impact to them with this property. Lighting right now. There aren't any plans for that residential development. At least I haven't seen Will there be a natural barrier between the drive-thru behind the building and the creek or is

through the review? We'll make sure that all of the requirements for vegetation and that's which is 25 ft vegetation and and we can impose a noise as well. When this specific property was those effects were different at that time. What were they? What are they?

10 ft. [Music] How soon will the developer know what's going to go in there? What tenant will occupy the restaurant? I don't know. Can we request to know?

You can place whatever conditions you would like on the special permit. There's a There's a specific restriction you guys have, but restaurants in general are in commercial to pick what type.

Yeah. I mean, as a developer, if he doesn't have the site sold out, he has no idea who's just going in or what I mean, you know, he's asked for a drive-thru. It may never be used as a drive-thru possibly. Can we get clarification on what the actual setback for noise ordinances will be adhered to or if there'll be a wall or is it said vegetation is that listed already?

Not at this time. I don't know that they submitted.

So the noise ordinance was a different that's regardless of setback. The noise ordinance applies. So this is the property that's in front of that firm that's behind it between it and the proposed future residential. As far as what the seps are, we can look and let you know those were when property was platted probably 2015 2015. the the requirements at that time set back distances. But as far as landscaping can still be your landscape orbits as far as sound, it's just that set that vegetative set back is what's doesn't change. It almost looks like the setup they have uh down there at Denny's and Tailgator across from um Starbucks and all that and Shoguns. That's what it appears to look like. drive through here like Bahama Box too. They got the drivethru.

Isn't there an entrance right across the street from it in um that other uh I think they have storage or people have businesses out of there. There's not another entrance right there. No. Up here. Yeah. Up here a little bit. Huh? Up the up the ways. We're not looking at a light being put there because of all the traffic. Yeah, there's nothing. Okay. How far off the street are they going to be? for the drive-thru?

No. Uh that whole setup there, I'm trying to look and I'm trying to blow it up to see, you know, how it comes off the highway and then it looks like there's a an area and then there's parking space and then there's two-way traffic in between that round circle. How far off the street is that that parking Oh, where the parking is? Yeah. Where it starts. Can you see it? I'm blowing it up. Keeps utility. Okay. And then the parking starts.

Are they planning on starting to build soon? Not until they go through all of the reviews as yet. I haven't heard if they received approval for their driveway off of 1097. I don't know that there's much clearing because yeah they need to go through all their feasibilities or they probably want this first then all the studies and

so on there is no feasibility setting because it's already platted property developing now section they have started submitting civil plans but there's only so far they can go Yeah. Okay.

We have the terms we've said in the past, they've generally been or we've had a few different ones. I'm curious on suggestions here. Uh change of ownership has been a common one. Is there any is there any staff recommendation on the term for the drive? Yes. Specifically change ownership as in the building of the developer or change of tenant.

Change of tenant would be tough because that could be common be quick change of developer change change of ownership of the property property ownership. So, the special you're going to tie to the owner of the property and not the tenant, right?

That would be my recommendation. Then I'll make a motion that we recommend approval of the special use permit for a restaurant with accessory drive-through service located at 22205 FM 1097 legal description waterstone on Lake Conroe 01 lot res2 uh for the term as long as it's with this developer this builder um this property owner should the property owner change we would request a revised special use You ready to repeat that bill? I would I would second it, but I want to put stipulations, too.

So, I mean, we want to put a timeline on there, and we want to know what the vegetation setback is, and uh I want to know about the lighting, how it shines off into that those subdivisions. Great. So, do we want to table it or do we want to pass it and then get let them come back? They're going to have to meet all the We have lighting ordinances right now. Yes. And you all have done great on that. So, I know HB, the school behind me, uh those knockdown lights, I mean, they're unbelievable.

So, we have the light, but we have a light ordinance. Okay. Um, and that's can't change either because it's already flattened, right? It's not much do with that. It's pretty simple what he said fits because this is just a special permit include anything else. Right. So, only thing we're discussing now is the special use permit. Could that be a commission inquiry after the fact? So could that be a commission inquiry at the end of our meeting to come back and next meeting find out exactly what that setback was just so that we

get it to you. Yeah, that's the only I think that but in this context in this context there's not much we can tell right because it's specific to that correct but yeah we can sure we can send you out an email or something tell you what those were exactly how I mean I I would be very surprised if they're running 247 Let's put it in there just in case. But if it's a doughnut shop, it could be That's right. 3

4 a.m. Uh if it's a Subway, it's going to be 9 or 10 to 9 or 10. Um but we here can't sit and dictate hours. That's not our That's not I feel like that's beyond my Right. That's what I'm saying. I I don't I don't feel right dictating that. I do feel right dictating that it's um tied to the property owner. Oh, yes. Yes. And then should that change? Yeah. And otherwise, I think it's fine. They've got it planned out, right? It's it's probably the point of the better laid out once we've seen it.

So, we have a motion uh for the approval tied to the owner. If the ownership changes, then the new owner of the property needs to come back in and reapply for special use permit. And but does that include if it's already made? If it's a year or two down the road, so if he ever changes it or sells the property, if the property owner ever changes, I mean, in the event of inheritance, they would have to come back. Hallelujah.

Second. I'll second.

Okay. I have a motion and a second for the a request uh for the approval for a special use permit for the restaurant and accessory drive-thru service located at 220 22205 FM 1097 Waterstone on the lake 01 lot SA-2 with the stipulation that it ties to the owner and if the property owner sells a business, the new property owner will need to come back in and reapply for the special use permit. So, I have a motion and a second. All in favor say I.

I. All oppose say no. No. Okay. The eyes have it. We have it say four to one. We have one. Three to one.

Three to one. I'm sorry. 3 to one. Motion passes with one one no. Okay, we will move on to let me get my bearings here like I did last week. Okay. Consideration possible action on the variance requests related to the required off streetet parking for BCS capital multifamily development. Good evening commission. Uh so in front of you today um is a various question from BCS Capital. If you remember the last few months we've been going over reselling for this development the multi family portion that is at the CP store in Buffalo Springs. This is the next step in their development which is requesting a grant request upon parking. So what you'll see in your packet is uh directly to page 17 of your packet is a letter from elsewhere to engineer development requesting that variance be granted for 1.5 uh parking spots per unit to be granted. Now the current ordinance requires that each multif family development provide two spaces per unit. um they're wanting to decrease that to 1.5. In their letter, they reference the city of Houston's uh requirements for parking. Um with 1.33 1.33 spaces being provided for onebedroom units and 1.6 parking spaces being required for two bedrooms. We also reference the city of Conway apartments. City of Commer requires uh 1.75 parking spaces per unit uh for onebedroom and then two for a twobedroom higher. So uh what you're looking

essentially is that Conro City of Houston require off streetet parking be based off of number of beds rather than the city of Montgomery's which is based off of units. So what this will look like as far as what they're proposing, they're required based on city of Montgomery ordinances to provide 624 parking spaces. Based on Conro, they'll be providing required to provide 576 parking spaces. And then for Houston, they'll be required to provide 46 456 parking spaces. They're currently closing 482 parking spaces, which includes 50 spaces of garage parking. Question on the garage. Is that covered parking or is that

actual garage? So, this will mirror the um Heritage Plaza apartments that provide covered and garage, but it's explicitly the I'm referring to is explicit garage. Okay. That that's that's counted in the spots. Correct. Correct.

Yes. I would like to also mention that as a part of the development agreement, this was a variance that was mentioned in the agreement essentially outlining that the city would be adhering conceptually to the proposed variances for the commercial and the multif family. We've just presented you all with multif family. We haven't seen the commercial request come. So the the little the uh preliminary site plan that they have.

Yes, sir. um when when they first presented to us all this I don't know when I don't have when that exactly was did they have a site plan at that time for apartments when we presented the feability study we included a site plan that closely mirrors I have to look at it to be specific but it closely mirror what's being shown today was it more or less parking than this here on the parking I'm not Not exactly sure yet. I can follow up on that, but it was the same unit to be correct. And was this a gated community?

I don't believe that they've expressed any intention on it being gated or not. I believe it's we might not know yet, but likelihood this is a standard apartment complex that's gated in front. So the primary entrance based on the main plan is you can see the two gates on it looking at it from Buffalo Springs. a secondary entrance off of CD. Okay. And if if it had to go, I mean, if it if was say it would be uh just flat two, what does that do to the development? Do you have to cut a built take off a building? So, or

Yeah, they would have to buy more land and that would make we're we're sell So, BCS Capital is selling the land to Morgan Group. important group is a first in class multif family developer out of Houston and this is in line with what they do for all of their projects across Houston. So what would happen is they would have to buy more land to use for parking which is not making them any more money. Um what it also does for BCS is it shrinks the commercial portion and then puts more hindrance on parking on the commercial side. So this is the most efficient way for both the Morgan Group and then BCS from a site perspective to make it the most economical for both sides.

I'm just especially not being a a a gated community. How it very well could be G. I'm unaware of what their intention but how the parking is going to be controlled with with guests and um because I mean you had to be gave because they were talking about controlling traffic how they exitly like unallowed to park on Buffalo Springs. Correct. No, I'm not. I'm talking about overflow. Uh the the we say we have the right here. What you're proposing is the uh what it works out this is a 1.5 correct? Yes. For plus 27 to be fair.

Yeah. Excuse me. Plus 27 additional parking spots. Yes. 5.5. [Music] So not being a gated community and uh the residents in there and there's a real quick correction. It is gated. So a couple gates because that was my concern because if you what's proposed here there would be 110 extra no uh how many extra parking spots there would be I had that written down possibly 120

yeah so extra park so if you if there's 10 units there so if if a unit has if there's a unit has some you know we say 10 people in there there's 100 spots So now you're taking away from a tenant a renter that's coming in late and he has to park, you know, five or six units down the way. Correct. That's um I think that you'd have to look at the Morgan Group and they're very good at being multif family developers and this is going to be I would say roughly a 50 to$60 million project and if they start playing with parking and residents get mad that starts affecting the release of and

so I understand that but what I'm saying is I don't want to I don't want a product being in Montgomery that's going to cause trouble. I don't I don't want to have the chief have to worry about and settle settle parking disputes and not being, you know, up, you know, where where they need to be. That's that's absolutely if we cut the parking spots, there's there's going to be there's going to be issues unless it's controlled by a gated community. Yeah, there there's two gates on either side of this primary entrance. So, I would imagine that's their intention. um for

right I mean I you know this is the this is the first time that we as a PNZ have been able to be approached about an apartment complex and I want to make sure if I'm here that this is going to be good precedence exactly absolutely exactly Zach what's the precedence in Montgome the city of Montgomery city right now so all the existing multif family developments have adhered to the two units per parking or two parking spaces per unit. So this would be a first at least this would be uh new president for existing

is this how many how tall is it? It should be a threetory walk out. So I would say average four plate is 30 ft. So I mean 10. Three floors. Three floors. Yes. And you're saying 391? It should be 482 parking spots on how many apartments though? 312. I believe it's like 60. Yeah, 62% of those are onebedroom.

And what is do you know anything about the rent? I'm unaware of what they're going to be charging for rent, but it will be market value. Yeah. Well, it's a class A project and we've we've shown some renderings to BNC and city council what their product generally looks like. It's very nice. So, the apartments would have property managers. Yes, sir. There would be a property manager on site. Okay.

Morgan Group uses Greyar. Star is a national company that has hundreds of thousands of units. When they originally proposed this, did they show it with the two spots per

uh I'm unaware of what the first iteration of this looked like, but I would imagine they did not. But knowing that that's what the ordinance is for Montgomery, that's what they came in for. Correct. And that that they accepted it. My thing is they think, okay, well, we we'll just make a do a variance later. Well, you know, just to get our foot in the door. Um, you know, what else?

This has always been a part of the process that DCS has wanted to take. Uh, like this is one of our obligations to do to close and uh accomplish our entire project. So there's no bait and switch going on there. Just to speak to that, um this was always a part of the process. One comment that we've been getting from council Mans is was the layering of variances reszoning within a development agreement. And so what we were trying to do with this particular one is outline what they will be requesting but still follow the actual process of what we needed. That's why we did the reasoning for the multif family and why we're coming back for the various they're asking for approval before the

someone's asking before they instead of after. Yes.

And as far as the site plan changes so the original feasibility study you know I don't think the board group was identified at that time. So there was a high level concept site plan but the it was more of how many units because it was all based on water and wastewater and where are they going to go and so what changed from that original is the moral group has partnered has refined the site plan and then made their primary explos. number of units has changed some I think it's been down if I remember correctly but it's not there was never a plan this level of detail submitted that said here's the number of one bedrooms two bedrooms etc so that's this is the first time we see this level of detail

yeah and I will say since we started we did go from the 12.15 acres to the 1109 acres and that equals another acre of commercial land to the city where the city makes roughly that say three times as much money on each acre of commercial as they do multi. So uh it's hugely beneficial for BCS and also the city So BCS is the developer

and you own the land. We're the land owner and we're selling a portion of that land to the Morgan group who is the multif family developer. So is this the one where you were going to do academy and all that and then the apartments were going to be you're part of all that? So we're going to do the south of the apartments. So, we're going to do the apartments first.

Yes. I I Well, yes. Everything is going to have to be preceded by all the public infrastructure that we're doing. So, the actual opening of apartments or academy, I can't tell you which would go first, but I would imagine probably the retail because both things uh are going to be starting at the same roughly around the same. Okay. But apartments are coming whether we say yes or no. Yes sir.

And off streetet parking. What is the real definition of that? That's like not in front of their park, not in front of their apartments or off street. This is for their onsite parking. They're not asking for I guess without outside their gates to have some sort of variance, but there's probably a high that would be very unlikely someone would be parking on Buffalo Springs to not park on site or offsite. This is not

So that raises another question. Let's say, you know, that I mean, everybody's in uh somebody's, you know, having some type of a birthday or whatnot at the pool with the clubhouse and they start parking on Buffalo Springs. Are we going to have no parking signs or will that be watched closely or if you have a concern regarding safety on on parking then would take a look at that. So they would worry about the width of the road being able to get by.

Okay. I think so. I don't know. Okay. just they'll park there anyways. Just FYI. They don't care about drain ditch. They'll work. So, is this assigned parking andor will only be an area for guest parking and that's going to lower and I'm asking that because it's going to lower how many parking per unit? I know we say one bedrooms we think one person's in there, but having the apartments, it's not always the case. Um, so I I don't want I would imagine they'll have both assigned parking, but I'm unable to speak to how they're parking.

Okay. So, with the 1.5, we're looking at with the 312 units, we're looking at what 482 spots available. So, there's going to be 400 at least 482 cars parked downtown inside that gate community.

Well, no, there'll be I mean, I mean, if everyone owned a car, the minimum would be 31. the maximum. Yeah, I mean considering we don't have public the public transportation that you know Houston has to to be able to go to 1.33. Um you know for me I'm telling you I'm against reducing leaving it too so people can get to and from yeah I agree. I think the demographics are a little different. Yeah. On the number of people per unit, on the number of cars per unit.

And this is helpful how? By reducing moneywise, size-wise. So, they're able to purchase a smaller site. So, they're not having to pay as much for the total land price. But we're also DCS is able to build more commercial and there's not there's semi- parking problem for the the commercial side of this. This alleviates a little bit of that parking concern on the commercial side by giving us more depth going north. That makes sense.

Well, they're I don't know if I'm putting the car before the horse here. So, when they do the commercial, are you going to ask for variance too if this is not approved? Well, we're most likely going to have to ask for a variance on the commercial, but it's will likely be well above what we're going to be asking for. So, variance on the parking. Yes, sir.

Just like what H Home Depot had to do the same thing. So, all recommending approval, disapproval or a conditional approval of somewhere shape or form. The ask is one and a half per unit. Your ordinance is two Conra has a range where it's two for two bedrooms 1.75 for single bedrooms. So again recommendation goes to council. I'd make a motion to disapprove consideration of possible action and variance requests related to the required off streetet parking for the BCS Capital Multifamily development PEV number 2415.

I second that.

So we have a So let me get this straight. We have a a motion to deny the 1.5 and keep it to two. Correct. Correct. Have a motion and a second to deny the request for variance for 1.5 parking spots per unit. um at the uh ECS Capital Multifamily Development U number 2415. So, I have a motion and a second. Um, all all in favor of the um trying to say it

recommendation denying of the 1.5 say I. I. I. All oppose. Uh say no. Uh it's 4 to one. Uh in favor of 40 in favor of the keeping it the uh current city ordinance. Uh item number six, consideration of possible action by the planning journey commission on the final plot for Legacy Grove section 1 development number 249.

Good evening, commissioner. Uh so this item today is the final flat for the Legacy Grove section one uh development that's going on across the street. This is the property between 105 and Monstar Parkway. Uh they are currently proposing with their section one plat 65 lots. Uh this development does not have any variances. So they're all um minimum 9,000 ft. Uh for this section in particular, they're proposing a third acre to uh 72 acre blocks. So, all uh standard pavement widths, 60 ft right away, 28T pavement width. Um and yeah, so with this um just kind of going in terms of order of operations, y'all will be um making a recommendation to council for approval or denial of this request. Once that's complete, council will do the same thing in the interim between planning and zoning and council. The developer will be required to submit all compact fees for development, all flat fees for development and a financial guarantee for the construction of the development. So this financial guarantee essentially allows us to say developer skips town. I'm not saying they would we would have the ability to finance the development. Do this development include any extension uh of public utilities?

Yes. So we actually just um this twofold there is a water portion of it called westar parkway water line which essentially takes the existing water line along parkway approximately across the street from the uh community center past or up to the development drive. And so with the development, it would be looping through the development to the existing water. And then on the sanitary side, they're required to relocate station number five. We're still going through design and obtaining all of our approvals from textile TCQ. Uh but that is currently uh in design and we just been awarded the water project.

Uh when will they begin? um uh clearing property. So, we've I think already started clearing property. Um they haven't begun the water sanitary and drainage component because they're waiting on this but I'll the next couple weeks months um before I imagine

um I'd like to um visit the tree ordinance and uh we're going to ask city council or I'm going to ask city council to uh look at uh chapter 78 and we're going to dig a little deeper with uh how we do tree ordinances because that piece of c that property going up west, right? It's got smolder trees. Some are better than others and some do need to be taken down. Some need to be saved. Um uh I want I would like for something. I need a study. I need a feasibility. I need something. I would like to have planning and zoning something that can tell us, you know, what kind of trees are out there and instead of annihilating the whole property and making it flat and then just pouring a whole bunch of cement and, you know, planting a 30-gallon tree that's going to take, you know, I'll be dead by the time it's big enough to take the place of the one they did cut down. So I would like to incorporate somehow that tree ordinance, not just let them to start destroying the land without going over what tree ordinances that we do have that we can implement to say what trees we can.

Yeah. So just to address some of your concern, we do with our plan review look into tree landscaping all requirements per zoning district. Um as a part of the legacy growth, I believe they were retaining some of the trees on site for tree reserves. So that should alleviate some of your concern. I definitely understand. Where is that at? Where's that where's that study? Where's that agreement? Where where is it that you've you've seen that they have done that? There's grouping. Where's that grouping at? And it's all construction by council. So council's already seen it. Thank you.

And I'm sorry you said we're just including going from 9,000 to 7,000 something square feet. You're saying you're saying we're reducing the lot size? No. So there are proposing lots that are approximately a quarter acre or not a third acre and 75. So these are all with the full setbacks.

Yes sir. Silly, were you called out or anything to or were you made aware of any of the tree ordinances for this subdivision? Have you been notified of any of the findings like city council passed it and part of the tree ordinance? Were you made aware of any of it for this reviewing this particular project? Mhm. No, that usually stays with

Okay. What did they plan to do with that? Um, where it's real wet there. How are they planning on building that up? Do you know? Do you know? Very specifically. Yeah. And behind those homes that are already across the street from the park. So, they're proposing a park adjacent to that. Um that'll eventually I'll fall into town,

but they're going to drive across it, right? They're going to drive down that cement road that isn't finished yet and they're going to drive into their subdivision. Did they approve that? Different development. So this was right. So this is closer to Midsouth. Okay. The mids south. So they have a little slumber between Midsouth and Napa. Okay. And then it extends up that side of town creek up to Okay. Thank you for clarifying that cuz I'm sitting here going, "Yeah, how are they going to do that with all that water? Okay. There is an area where they have to cross, but that's in section two, right?" Correct. So, this section is all on the north side of the creek.

The proposed crossing uh with large box filberts was in section two. And then that section, if you remember, part of the development agreement is they're going to make uh that road larger. So it's a 36 foot wide pavement section that'll it'll dead end in right now to the Carile property that ultimately be extended to Lonear Parkway. So you have another south corridor. Okay. Sorry, I was like,

yeah, no problem. What's you said about I think the lack of variances on this one make it pretty straightforward. Uh I'll make a motion that we approve the final plat uh for legacy growth section 1 development number 2409. I have a motion for approval.

I'll second. Have a second on the final plat for Legacy Grove section one development 249. We have a motion and second for the uh final plat for Legacy Grove section 1 development 249. All in favor say I. I. All oppose say no. Motion passes. Thank you. Thank you, sir. Okay. Uh that's all the agenda items. I can have a any commission inquiry or anything. Yes. would you like to

I have uh one um I'm interested in the city council addressing andor giving us information on chapter 78 which um is in the interim for our subdivision ordinances. Uh and I'm focusing on the tree ordinances. Uh, the reason I do this is like I I've been saying several times today in this meeting is the destruction of the trees and McGomery is an old town. It's historic and so there's trees that uh are old and need to come down and some that are old and have a long life in them and it brings character and such to our our city. So, I'm interested in that tree ordinance and e and that it's an intrum right now that we could possibly uh impose some of the ordinances so that we save some of the trees and or replace with uh a comparable tree, not just a 30- gallon. But I would like for city council to um look at that and uh give us further information on that. Number two is I want to revisit the dumpsters that are still sitting downtown that are not behind any blocks or barricades or they're just sitting out as you drive down um our downtown McGomery. And also um I know the chief spoke to this before about the parking that's along uh 149. Uh I just uh want to bring it up again because the streets are dark. It's at night time. people walk across the street in between cars and uh I think it's it's a safety issue. I don't know what the answer is to it, but I just want to bring it back up to make it uh bring it to city council's attention uh that we're doing all possible to make sure that our downtown area is safe and that parking is in its proper place so that people are safe and that uh they're allowed to move about downtown McGomery in a safe manner.

That's it

question. Chris, this was brought up asked me u I think after last meeting uh the water I know we've done all the water up the the studies and whatnot. It was a good question. I never thought about it. Does what you have per gallons going here and there uh does it account for any type of major fire cuz we're getting into large structures now. Um, and I was I you know when that when it was asked of me I did I got on Google and I what I if I read it right is a standard home fire a full you know golf fire is close to 3,000 gallons.

Do we have that?

So when the master plan was done it was modeled based on multiple scenarios. So one is an average day average daily flow scenario, one's a peak based scenario, one's a fireflow scenario to show how the system reacts under fireflow conditions at all. And so when that master plan was done, the capital improvements that came behind it were to address fire flow in all those locations. So by closing these water line loops uh by adding the water plant on the west side of town which is the farthest reach that provides that capacity to be able to get water flow. So, as of today, there are hydrants that are do not have the same flows as others. Obviously, as you get further away from the city, but each individual, these large building developers specifically, they're required to do their own fireflow test, and get fire marshal approval. And so, they are putting in fire tanks or other items to be able to meet that fire demand that's there. So, yes, it is looked at. It disrupted scenarios that you're fire is for the BCS property in this development we just talked about. One of the main reasons that they are extending the water line all the way from Lonear Parkway to Home Depot where it ends is because of that.

Because of that. Yes. Because in order for water to get around to their multif family site, it was either going around the Parkway or down 149 and back up that direction versus just coming down 1097 or excuse me, coming down Buffalo Springs there. So that's why the requirement was to complete that loop. It shortens the distance and makes that fire being able to provide fire to those facilities. Any other items?

I'll make a motion the agenda. I'll second. I have a motion and second for the adjournment of the uh September 2nd 2025 meeting. All in favor say I. I opposed. No. Meeting is a journ. I say that. Don't forget next month it's on the work day. It's the eth or something. Oh, not the eth. Okay. All right. Next month. Yeah. Yes. We already