Montgomery council approves special-use permit for restaurant with drive-through on FM 1097

The City Council of the City of Montgomery on Oct. 14 approved a special-use permit allowing a restaurant with an accessory drive-through at 22205 FM 1097 in the Waterstone on Lake Conroe area.

Council convened a public hearing on the application submitted by Cruz Real Estate Ventures LLC before taking action. Planning staff said the drive-through lane will run behind the building and around the side closest to Atkins Creek and that the tenant had not yet been identified. The Planning and Zoning Commission recommended approval with a condition that the special-use permit would expire if ownership of the property changes, requiring the new owner to return to P&Z and the council for review.

The council discussed stormwater and the amount of new impermeable surface near an active creek. A resident and council members asked whether a drainage or civil review had been completed; planning staff said the applicant has not yet obtained civil approvals and that a drainage study and civil site plan would be required before final permitting. The council approved the motion to accept agenda item 15 as presented; motion by Council member Johnson, seconded by Council member Olson. The voice vote passed; council recorded the motion as carried.

Why this matters: the site sits near Atkins Creek, and council members explicitly placed the record-making of drainage concerns and the outstanding civil review in the public record before approving the permit. The Planning & Zoning condition tying the permit to continued ownership ensures a new owner would need to return for council review.

Council action: the special-use permit application for 22205 FM 1097 was approved. The city will require the applicant to obtain required civil approvals, including a drainage study and civil site plan, prior to issuance of final permits.