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Council allows six model homes in Johnson development under conditions including pump-and-haul deposit
Summary
City council approved a request from Johnson Development to allow six model homes to be constructed before all utilities were accepted, subject to a contractor-funded pump-and-haul arrangement and a third-party inspector to prevent water theft.
The City of Montgomery on Tuesday approved a request from Johnson Development to allow up to six model homes to be built on the Briarly (formerly Redbird Meadows) development before the subdivision’s full water and sewer infrastructure was accepted, subject to conditions set by the city.
Council members voted to enter into a contract permitting the model homes after staff and the developer identified mitigation measures to reduce city exposure while infrastructure work finishes. The developer representative said the project is nearing completion and asked for an early start so builders could participate in spring sales. A developer representative said they would take several steps to address the city’s concerns: "we are also willing to pay for a third party inspector to mitigate, any potential water theft."
City staff and council members outlined specific conditions for the approval. Staff said unpaid impact fees tied to the project had been brought current and that the developer offered a deposit to cover pump-and-haul costs in case sewer service was not available; a developer representative said, "I think the amount is 50,000, I think, is what was what was in agreement." Council members also asked the developer to pay for third-party inspection and monitoring while the limited early building activity occurs.
Public-works staff and the city engineer said the primary risks were unmetered water connections and builders tapping into water before meters and lift stations were in service; staff recommended limiting the early permits, requiring a single monitored access point and authorizing only the six model homes requested. The developer said the model homes would sit adjacent to one another and that a single inspector could manage the small construction zone.
After questions and conditions from council, a motion to approve the construction of the model homes and to enter into a contract with Johnson Development carried on a voice vote. The council directed staff to document the terms and to ensure that the developer’s deposit and third-party inspector provision were executed before permits were issued.
City staff said they will inspect compliance with the contract terms; if the developer fails to follow the agreement the council reserved the right to revoke the early-permit approval.
