Subject
title
Authorization for the City Manager to Amend an Existing Forest Conservation Easement as recorded in the Land Records for Montgomery County at Book 33165 and Page 427 to facilitate the proposed development approved under Project Plan PJT2023-00015, Site Plan STP2024-00473, and Amendment to Forest Conservation Plan FTP2001-00015.
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Department
CPDS - Development Review
Recommendation
Staff recommends that the Mayor and Council authorize the City Manager to execute the amendment (Attachment A) of an existing forest conservation easement as recorded in the Land Records for Montgomery County at Book 33165 and Page 427 to facilitate the proposed development approved under Project Plan PJT2023-00015, Site Plan STP2024-00473, and Amendment to Forest Conservation Plan FTP2001-00015.
Discussion
The item seeks Mayor and Council approval of, and authorization for, the City Manager to execute on its behalf the following easements and agreements associated with the Tower Preserve development:
1. Amendment to Forest Conservation Easement
A Project Plan (PJT2023-00015) for the proposed residential development of up to 82 Townhouses was approved by the Mayor and Council at its meeting of October 30, 2023. A level II Site Plan (STP2024-00473) to implement the Project Plan was approved by the Planning Commission at its meeting of July 24, 2024.
An amended Forest Conservation Plan (FTP2001-00015) was approved on January 8, 2025. The amended plan facilitates the implementation of the approved level II Site Plan (STP2024-00473). This item authorizes the City Manager to execute the amendment to the existing forest conservation easement in accordance with the amended Forest Conservation Plan (FTP2001-00015), as attached (exhibit 2).
The Applicant, Michael Harris at Tower, LLC., is required to provide an amendment to the existing forest conservation easement as recorded in the Land Records for Montgomery County at Book 33165 and Page 427 to facilitate the proposed development and obtain a forestry permit to implement the improvements approved under the amended Forest Conservation Plan (FTP2001-00015).
Mayor and Council History
Mayor and Council approved the Project Plan for this project on October 30, 2023. This is the first time this item has been brought before the Mayor and Council.
Next Steps
If approved by Mayor and Council, the City Manager will ensure the execution of the following listed documents in a form substantially like the draft documents attached to this agenda and as approved by the City Attorney:
1. Amendment to Forest Conservation Easement
The document will be recorded in the Land Records of Montgomery County prior to the issuance of associated forestry permits.