Conroe council denies exemptions to development moratorium amid water-capacity concerns

CONROE, Texas — The Conroe City Council on June 12 denied requests by developers to exempt several subdivisions from the city’s temporary moratorium on new development, concluding that adding connections would further stress the city’s North End water system.

The 
motion, made by Councilwoman Porter and approved in a 4-1 vote, rejected exemption requests for projects including Clopton Farms and Westridge Cove and left the temporary moratorium in place while the city completes planned infrastructure improvements. Councilman Wood cast the lone dissenting vote.

The council’s decision responds to a moratorium first put in place in August after city engineers reported low pressure in parts of the system. City staff and outside consultants told the council they have not added new supply to the North End since that moratorium and that the system lacks the available water to serve additional connections without jeopardizing service for existing customers.

Developers and their representatives told the council the appealed projects are either contractually committed to receive service or are "grandfathered" and therefore should not be subject to the moratorium. Omar Isfar, identifying himself as representative for Tri Pointe Homes, said the probability of litigation is high if the exclusions are denied: "I think as time goes on in the next few weeks, the probability approaches a 100%."

Developer representatives also disputed the city’s operational-picture claims. Stephanie Delos of Bleil Engineering said Clopton Farms discharges to Utility District 4 (UD4) under an agreement that allows up to 1,000 connections and a four-times peaking factor. She provided pressure and fire-flow test results for project areas and said, "we have some flow data that shows that nothing in Clopton Farms is falling below 58 PSI, which is well above the 35 minimum TCEQ requirement," and that Westridge Cove showed roughly 77 PSI and an approximate 1,500 gallons-per-minute fire flow in recent tests.

City staff countered that the Northwest pressure plane functions as a single system and that operational zones share water through pressure-relief valves; adding connections in one place can reduce pressure elsewhere. A staff speaker summarized the city’s engineering conclusion: "The problem on the North End of town is we don't have enough supply water to add more to the system. We have to have more water up on the North End of town before we can give more out." City staff noted planned projects — a Silver Springs water well bypass, Moran Ranch well rehabilitation, and a 16-inch water line under the freeway to improve west-side supply — that will be evaluated together before the city reconsiders the moratorium area.

Council discussion repeatedly returned to the city’s duty to protect current residents’ health and safety. One councilmember said that obligation outweighs concerns about potential lawsuits: "The public health and safety of our citizens that already currently live in the city of Conroe City limits ... is more important than any moratorium."

Developers warned of financial impacts from the decision. Counsel representing the projects said delays could push lot deliveries back months and cited contract obligations and construction schedules. John Sellers, who identified himself as a CFO in public comment, urged the council to calibrate planning assumptions to local data and argued that multifamily connections have lower per-connection demand; he urged use of the city's own connection-use factors rather than default statewide assumptions.

The council motion to deny exemptions was followed by approval of the consent agenda (items 2–7 and 9–20) with item 8 deferred; that vote carried without further public debate.

Votes at a glance - Item 1 — "Deny any exemption for a temporary moratorium": motion by Councilwoman Porter; outcome: approved 4-1 (yes: Mayor [name not specified], Mayor Pro Tem Hardman, Councilwoman Arthur, Councilwoman Porter; no: Councilman Wood). Second not specified. - Consent agenda (items 2–7, 9–20, item 8 deferred): approved; no roll-call tally recorded in transcript.

What the record shows and what remains unresolved - Projects named in appeals: Clopton Farms (sections 4–6 referenced in public comment), Westridge Cove (section 4 referenced), and other Tri Pointe Homes projects were explicitly discussed as subject to the moratorium denial. - Capacity and pressure figures cited in the meeting: city staff referenced system modeling and a consultant report indicating insufficient north-end supply; developers cited test pressures of about 58–91 PSI in project areas and fire flows of roughly 1,500–1,600 gallons per minute. TCEQ’s minimum pressure standard of 35 PSI was cited by a developer for comparison. - UD4 (Utility District 4) was discussed as having a contractual allowance described in the meeting as 300,000 gallons per day, equivalent in the presenters’ remarks to roughly 1,000 connections; representatives noted the city could become responsible for participating in UD4 plant upgrades if Conroe’s growth triggers expansion.

Next steps noted by staff City staff said they will re-evaluate the moratorium area after the scheduled projects (Silver Springs bypass, Moran Ranch well work and the 16-inch line) are completed or reach definitive milestones. Staff also indicated legal counsel has been consulted about risks; some speakers said they expect litigation if an agreement cannot be reached.

The council meeting adjourned after the votes. Public commenters, developers and staff will likely reconvene before the council in follow-up briefings as the city monitors completion of the cited infrastructure projects.