Montgomery City planning commission approves solar rules, rejects proposal on Board of Adjustment qualifications; several plats and rezonings advance

The Montgomery City Planning Commission voted to recommend new zoning rules for large-scale solar energy facilities and rejected proposed qualification requirements for the Board of Adjustment while approving multiple plats and rezoning requests at a lengthy meeting.

The decision matters because the solar ordinance adds decommissioning and performance-guarantee rules for future utility-scale solar farms and because the commission’s vote on Board of Adjustment qualifications sets the tone for who the city’s decisionmakers could be. Commissioners also approved a consolidated plat, a revised master plan, and several development plans and rezonings that will affect neighborhoods across Montgomery.

Robert Smith, city planning director, told the commission the solar amendments respond to developer requests and clarify when bonds are required. “The performance guarantee or the bond is not gonna be required for pre construction and site preparation work,” Smith said, summarizing a change the planning staff supported. The ordinance requires applicants to submit an estimate of decommissioning costs and supporting methodology; after administrator approval the guarantee amount “shall equal 115% of the estimated decommissioning cost less 100% of the estimated salvage value,” language Smith read from the draft.

The proposed solar article was the highest-profile item. Public commenters urged changes and protections. Tracy Langford, a resident who said she represents neighbors in the Snowden area, asked the commission to postpone action and to adopt additional safety measures she and other citizens had sent to staff and the city attorney. “The proposed solar ordinance is not adequate to appropriately address safety measures that should be in place to consider our citizens,” Langford said.

Industry representatives urged a measure of flexibility. Toby Groff, a government-affairs representative for NextEra Energy Resources, suggested language that would allow the Board of Adjustment to grant site-specific exceptions: “All we’re asking today … is to provide the option for the what if,” Groff said, arguing that some future projects could be beneficial even if they fell slightly outside the ordinance’s standards. Planning staff said the Board of Adjustment already has authority to grant relief and that the staff did not recommend adding the extra appeal language.

The commission approved the solar ordinance amendment by a recorded vote of eight in favor and one opposed. According to meeting remarks, the approved text will apply to new large-scale solar facilities that have not already received special-exception approval from the Board of Adjustment; two existing projects already in construction would not be retroactively subject to the new provisions.

Commissioners also debated and voted on a separate text amendment that would have added required qualifications and experience for Board of Adjustment members — language similar to prior standards applied to the Planning Commission. Several commissioners objected to prescribing qualifications and argued that councilmembers should retain discretion to nominate whomever they choose. After discussion a motion to disapprove that amendment passed; the commission recorded that motion as adopted and the recommendation (a disapproval/denial recommendation) will go forward to the City Council for final action.

On land-use items, the commission approved final plat and development requests including: - Final plat approval for the Cyrus Phillips property consolidation (plat no. 2) presented by Gonzales Strength and Associates. - A revised master plan for a Newpark/Newport area development presented by Goodwin Mills and Caywood; the commission approved the master plan with one abstention recorded. - A rezoning recommendation to change 21.61 acres on the north side of West South Boulevard from B-2 commercial to M-1 light industrial for use by a storage/overflow facility associated with an existing manufacturer; the presenter said operations would be “normal business hours between 8 to 5,” and estimated at most 1–2 trucks per day and 1–2 on-site employees. Commissioners approved the rezoning by an affirmative vote, recorded in the meeting as eight in favor, one opposed. - A request to remove a restriction and allow licensed child-care use at 3108 Willie Road (applicant Shontay Lloyd) was approved with the qualification that the use be limited to licensed child care.

Other development plans on the agenda — including proposals for a 10,000-square-foot retail store (Dollar General) and a 3,460-square-foot Chase Bank building — were presented and the public hearings were closed; some items were continued or had no representative in attendance and will return to a future meeting as needed.

Commissioners and staff repeatedly emphasized the role of City Council as the final authority on zoning-code changes. Planning staff repeatedly noted that the commission’s role is to recommend; the council will take final votes and may adopt, amend or reject items that come from the commission.

The meeting ended with the commission introducing a new member, Tim Pierre.

Votes at a glance (as recorded in the meeting): - Final approval, Cyrus Phillips plat (Plat No. 2): motion to approve; outcome — approved (vote tally not specified in the record). - Revised master plan (Newpark/Newport area): motion to approve; outcome — approved; one abstention recorded (member Henn). - Rezoning of 21.61 acres (West South Boulevard) B-2 to M-1: motion to approve; outcome — approved; recorded as 8 in favor, 1 opposed. - Qualification changes to Board of Adjustment (text amendment to Appendix C, Article 3, Section 1): motion to disapprove passed; outcome — commission recommended denial/disapproval to City Council. - Zoning ordinance amendment adding Article 11 (large-scale solar energy collection facilities): motion to approve; outcome — recommended for approval to City Council; recorded vote 8 in favor, 1 opposed. - Rezoning/conditional use to allow daycare at 3108 Willie Road: motion to approve with qualification limiting use to licensed child care; outcome — approved (vote tally not specified).

The commission’s recommendations and minutes will be forwarded to Montgomery City Council for final action on the ordinance and code amendments.