Montgomery council approves multiple rezonings, H‑E‑B drive‑thru permit and new water/wastewater impact fees; cancels Oct. 28 meeting

The Montgomery City Council on Sept. 9 approved a string of land‑use and permitting items, adopted new water and wastewater impact fees, and voted to cancel the Oct. 28, 2025, council meeting.

Most of the actions were routine votes taken during the council’s regular agenda. The council approved rezoning and permit requests affecting properties ranging from about 11 to 59 acres, adopted an impact‑fee ordinance for water and wastewater, authorized a limited developer study for a 5.107‑acre subdivision, and cancelled the October 28 meeting date.

The council accepted a rezoning request submitted by Lone Star Calvary Church (development no. 2407) for a 58.952‑acre tract in the Zacharias Landrum survey (agenda item 12). Council discussion indicated much of the site is owned by the church and therefore tax‑exempt; staff clarified that exemptions are based on ownership rather than zoning. Council approved the item with a motion recorded as moved by Dr. Donaldson and seconded by Ms. Langley; no recorded opposition was announced.

The council approved a rezoning request from BCS Capital LLC (development no. 2415) for the northern portion of a proposed multi‑family area covering about 11.084 acres (agenda item 13). Planning and Zoning recommended approval before the council vote; the item passed with no recorded dissent.

Council also granted a special‑use permit for a restaurant drive‑thru connected with an H‑E‑B grocery development on a 31.97‑acre tract in the J. Corner survey (agenda item 14). Staff said stacking for the drive‑thru would be oriented toward the rear of the building and would not affect adjacent addresses called out in the packet. The council approved the permit on a motion that had no recorded opposition.

On infrastructure finance, the council adopted an ordinance amending Article 3 (impact fees) of Chapter 90 (Utilities) of the City Code of Ordinances to set new water and wastewater impact fees for the city’s proposed service area within the corporate limits (agenda item 15). Staff told council members the update responds to the city’s growth and brings new connections into the fee analysis; Planning and Zoning had served as the advisory committee for the review. Council members discussed the fee tables (appendix materials organized by meter size) and noted a state law constraint that will limit fee updates to once every three years going forward. The ordinance was approved with no recorded opposition.

The council authorized the mayor to sign an escrow/SBU agreement and directed the city engineer to prepare a limited utility and economic feasibility memo for a proposed subdivision by KIH Revocable Trust covering about 5.107 acres (agenda item 17). Staff said the item calls for a summary memo (not a full feasibility study) identifying likely connection points, constraints and next steps; an hourly estimate of $1,000 for the engineering memo was included in the materials. The council approved the request with no recorded dissent.

Separately, the council approved a sign‑variance request for the Redbird Meadows (Briarley) development’s entrance monument sign (agenda item 16) after staff explained the variance was sought because the design includes a substantial background wall that increases the perceived sign area even though the readable sign face itself is within size limits.

On scheduling, council members voted to cancel the Oct. 28, 2025, meeting (agenda item 18). The motion passed with no recorded opposition.

Votes at a glance (items recorded on the meeting packet): - Consent agenda (reschedules/cancellations for Sept. 23, Nov. 11, Nov. 25, Dec. 23): approved (motion passed; no recorded opposition). - Item 12 — Rezoning: Lone Star Calvary Church, 58.952 acres (Dev. 2407): approved; mover Dr. Donaldson; seconder Ms. Langley. - Item 13 — Rezoning: BCS Capital LLC, 11.084 acres (Dev. 2415): approved; mover Mr. Wilson; seconder Mrs. Robinson. - Item 14 — Special‑use permit: H‑E‑B drive‑thru, 31.97 acres: approved; mover Mr. Dawson; seconder Mr. Zulich. - Item 15 — Ordinance: Amend Article 3 (impact fees), Chapter 90 (Utilities): adopted; mover Mr. Silovich; seconder Ms. Fox. - Item 16 — Sign variance: Redbird Meadows (Briarley) entrances: approved; mover Mr. Donaldson; seconder Mr. Zulich. - Item 17 — Authorize SBU agreement / engineering memo: KIH Revocable Trust, 5.107 acres: approved; mover recorded as (motion presented) / seconder Mr. Zulich. - Item 18 — Cancel Oct. 28, 2025, council meeting: approved; mover recorded in discussion; vote carried.

What council said and how it matters: council members asked practical questions about tax impacts, committee composition for the impact‑fee work and the format of the fee tables (which are organized by water meter size). Staff noted the recent statutory change limiting updates to impact fees to once every three years. For the Lone Star rezoning staff emphasized that tax exemption status is based on ownership, not zoning, so changing the zoning to institutional aligns the code with ownership records.

Next steps: formal ordinances and permits will be processed per standard city procedures; specific effective dates and publication details were not specified in the discussion.