Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use topic
No spam. Unsubscribe anytime.
Planning commission approves special‑use permit for drive‑through at 2205 FM 1097, ties permit to current property owner
Summary
The Montgomery Planning and Zoning Commission on Sept. 2 approved a special‑use permit for a restaurant with an accessory drive‑through at 2205 FM 1097 (Waterstone on Lake Conroe) with a condition that the permit is tied to the current property owner; the commission recorded the vote as 3–1.
The Montgomery Planning and Zoning Commission on Sept. 2 approved a special‑use permit allowing a restaurant with an accessory drive‑through at 2205 FM 1097, Waterstone on Lake Conroe, with a condition tying the permit to the current property owner.
The permit was approved with the stipulation that if the property is sold or ownership otherwise changes, the new owner must apply for a revised special‑use permit. The commission chair recorded the vote as 3–1 in favor of approval.
City planning staff explained that restaurants with accessory drive‑through service are not an expressed permitted use in the commercial zoning district and therefore require a special‑use permit. “Most of the drive‑through is going to occur behind the building,” the city planner said during the presentation, and staff noted that much of the parking and employee parking will be located behind the structure while pedestrian access will be in front.
During public comment, Brandon Huffman identified himself as an architect and a nearby property owner and submitted exhibits he labeled A through D. Huffman said the developer’s proposed grading would require cuts “down 10 foot to the back of the retaining wall” and then “dropping down 17 feet,” and he argued that the plan would not meet the ordinance’s visual‑barrier requirement tied to natural ground elevation. “I am an architect. I do this for a living,” Huffman said, adding that the drawings he reviewed, dated March, could not accomplish the natural‑ground visual barrier called for in the code.
Huffman also raised noise concerns, citing the city’s decibel limits and asking that the commission enforce sound standards at the property line. He told the commission that masonry walls can reduce noise by 40 to 50 decibels and asked staff and the commission to consider sound mitigation and lighting impacts.
Commissioners discussed possible conditions, including tying the permit to the current owner, clarifying required vegetation setbacks and buffering, and ensuring compliance with the city’s lighting and noise ordinances. One commissioner said the panel can impose conditions on time or ownership but does not typically dictate business hours. Another commissioner asked staff to provide the specific setback and vegetation requirements to the commission and to interested neighbors after the meeting.
Action: A motion to recommend approval of the special‑use permit for a restaurant with accessory drive‑through service at 2205 FM 1097 (Waterstone on Lake Conroe, Lot RESA‑2) was made and seconded; the commission approved the request with the ownership condition. The mover and seconder were recorded only as commissioners in the meeting record; the chair announced the result as 3–1 in favor.
The permit now proceeds per the city’s process; any change in property ownership will require the new owner to return to the commission for a new special‑use permit review.
