Tag Archive for: Pacific Indio

MoCo Commissioner Taking Townsen Blvd. Extension Off 2025 Road Bond

4/17/2025 – Montgomery County Precinct 3 Commissioner Ritch Wheeler’s office says he is taking the controversial Townsen Blvd. extension off of the County’s 2025 Road Bond. However, as of 4 P.M. this afternoon, the county’s website does not yet reflect the deletion.

Montgomery County Precinct 3 Commissioner Ritch Wheeler addressing Town Hall meeting about Townsen Blvd. and the 2025 MoCo Road Bond.

The change comes after a Town Hall meeting last night at which the commissioner heard a crowd of angry residents express their concerns about the Townsen Blvd. extension. The extension would open up 5,500 flood-prone acres, where a developer plans to build 7,000 homes.

No one spoke in favor of the road project, which includes three segments.

The cancellation of the County’s portion of the project could make it more difficult for a private developer to build a separate segment beyond that. The developer would have no thoroughfare to connect to.

Contractually, that separate segment must be completed by the end of 2030 if the developer hopes to get reimbursed $27 million from County tax revenues for building the road.

Road Plans Included Three Separate Segments

At the start of the meeting Wheeler explained that the entire road, as originally conceived, stretched from the Grand Parkway to Spring Creek on the south in three discrete segments. A bridge over Spring Creek was to have connected the Montgomery County portion of Townsen to the Harris County portion of Townsen Blvd.

Each of the three segments has different funding.

The first segment (shown above in yellow) is currently under construction using private funds.

Going into last night’s meeting, financing of the second segment (dotted green line) was to have come from Montgomery County’s 2025 Road Bond.

The third segment (shown in red) was to have been financed through a “381 Agreement” between Ryko, Montgomery County and several utility districts.

Controversy Surrounding 381 Agreement

Under a Texas 381 Agreement, if a developer builds a road and developments around it, the county reimburses the developer for their expenses. That reimbursement comes out of future tax revenues from the new residents. Such agreements encourage economic development.

According to Wheeler, his predecessor, James Noack, initially signed the 381 agreement with Ryko in 2018. The contract required them to complete the road by the end of 2027. But they still have not started construction, jeopardizing that deadline.

So, before Noack left office at the end of 2024, he signed an agreement to extend the deadline to 2030. That gave the developer three more years.

But Noack pushed the deadline extension through Commissioners Court on a “consent agenda.” Here’s where the plot thickens. Typically, consent agendas are reserved for non-controversial items, such as fixing a pothole.

However, the portion of the road covered by this 381 agreement was and is controversial for several reasons.

Last night, residents expressed concerns about decreases in property values along with increases in crime, traffic, flooding, and taxes. Residents also worried about the impacts on traffic safety and area schools.

This deal is very controversial and according to Wheeler should never have gone on the consent agenda.

Deadline Extension Also Fundamentally Changed Developer’s Obligation

Wheeler also pointed out that the deadline extension fundamentally changed the deal. The original agreement obligated Ryko to build the bridge over Spring Creek. However, the three-year deadline extension obligates them only to build the road – not the bridge. He also said the county has no plans to build that bridge, nor is it in the 2025 Road Bond.

Wheeler explained he had little to no power to stop the road or the agreement. “You cannot deny access to a public right of way to a property owner,” said Wheeler. But residents complained nonetheless.

Wheeler said that he met with Ryko and tried to buy the land from them. But he said they wanted “nine figures.” That would be somewhere north of $100,000,000 for 5,500 acres. And that would make the price per acre a whopping $18,000…for land that is largely in a floodplain and pockmarked with wetlands.

The land sits at the tip of a funnel where the San Jacinto West Fork, Spring Creek and Cypress Creek all come together. FEMA’s flood map below shows just how flood prone the area is.

Ryko and its partner, Pacific-Indio Properties, own the land bounded by red box. Cross-hatched = floodway. Aqua = 100-year floodplain. Brown = 500-year floodplain.

Montgomery County Appraisal District currently values the land at approximately $4,000 per acre, not $18,000.

Wheeler also said that Harris County Flood Control previously offered to buy 1,800 acres of Ryko’s land – the portions closest to the West Fork and Spring Creek. However, the developer wanted $15 million. Flood Control couldn’t afford it. The land would have cost more than $8,000 per acre.

County commissioners on both sides of Spring Creek (Wheeler and Harris County Precinct 3 Commissioner Tom Ramsey), have said publicly that they would not support building a bridge over Spring Creek.

So Ryko is now battling connectivity issues to its north and south. That will limit the appeal of any developments built there. And that’s probably a good thing.

The Case for Caution

As the Federal Government reduces support for flood-mitigation and disaster relief, the financial burden will fall increasingly onto states, counties and cities to do the job by themselves. And the lowest cost way to do that is by preserving land along bayous, creeks and rivers. Prevention is always cheaper than correction.

Taking that center portion of the Townsen Blvd. extension off the Montgomery County road bond won’t prevent Ryko from developing its land. But it could make it more difficult. And, in my opinion, that is a step in the right direction.

Posted by Bob Rehak on 4/17/2025

2788 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

A Townsen Bridge Across Spring Creek?

Developers are working toward building a bridge over Spring Creek and a road that would connect Townsen Boulevard in Humble with the Grand Parkway in Montgomery County. However, City and County authorities on both sides of the county line say they know nothing tangible about the bridge yet.

I’ve talked to several engineers about this property. One said that if the bridge gets built, it will open thousands of acres to development. A second said that if the property gets developed, it would be like “aiming a firehose at Kingwood and Humble.” A third cautioned that when the developer sees the new floodway and floodplain maps, a bridge will likely become cost prohibitive.

The developers in question have not returned calls, but here’s what we know so far based on publicly available information and several Freedom-of-Information-Act Requests.

Bridge Rumored for More than a Decade

The Army Corps of Engineers first issued a permit for a bridge in 2009. Last year, it issued an extension of the permit that requires completion of the work by 12/31/2026.

Map shown on Page 25 of Corps Permit Extension shows a 100-foot-wide right of way with twin bridges north- and southbound.

However, the Montgomery County Engineer’s Office and Harris County Flood Control say no one has applied for any permits with them yet to actually build a bridge. Regardless…

Company Purchases Land, Sets Up Mitigation Companies

The landowner on the north side of Spring Creek has purchased a small parcel of land on the south side of the creek at the current terminus of the Townsen Blvd. extension. Thus they would control the land needed for a bridge.

Pacific Indio owns thousands of acres north of the creek and one little parcel south of the creek where a bridge would terminate. From HCAD.org.

Pacific Indio controls another company called the Townsen Road Association and has also set up two mitigation companies. The latter are significant because the Army Corps permit contains an extensive discussion of mitigation needs.

MoCo Transportation Plan and Developers Promotional Material Show Bridge, Road

The Montgomery County Transportation Plan shows the extension of Townsen north to the Grand Parkway from where Townsen currently ends at Spring Creek.

Detail from Montgomery County Transportation Plan posted on MoCo Engineer’s website.

Also, a sign on westbound Grand Parkway indicates an exit for Townsen, but the road does not go through yet. Does TxDOT know something we don’t?

Ryko, the developer associated with the Pacific Indio land has announced its intentions to build the connecting road and 7,000 lots.

Subsidiaries Formed

Another company, Skymark, also has considerable floodplain holdings in Montgomery County under a variety of corporate shells, such as Hannover Estates, Headway Estates and the CFW Family Limited Partnership. The Secretary of State SOS Direct database shows that Skymark principal Clinton F. Wong controls 231 companies including Townsen Holdings and Townsen Landing.

From Texas SOS Direct. Note notation in lower right. This is page 7 of 24 containing a total of 231 companies.

The Montgomery County Appraisal District website shows that many of Wong’s holdings border Pacific Indio’s. And Skymark owns most of the land south of Spring Creek where the bridge would be built. See more below.

References in Intercontinental MUD Minutes

June 2022 minutes of the Intercontinental MUD board meeting reference Townsen Mitigation, one of Pacific Indio’s subsidiaries.

The minutes also reference a settlement between the EPA and Skymark.

Purchase Offer Reportedly Turned Down

Harris County Flood Control reportedly offered to buy this land several years ago, but Ryko wanted “an insane amount of money.” This could have been an indication that the owner felt confident in its ability to develop the land and profit from it.

…But Project Would be Very Difficult to Develop

FEMA shows large floodways and floodplains on both sides of the creek that any road would have to go over or through. Keep in mind that the map below does not yet show the new Post-Harvey flood hazards. They will reportedly expand by 50- to 100%.

From FEMA’s National Flood Hazard Layer Viewer. Note: the image shows Pre-Harvey flood hazards. Post-Harvey maps have not yet been released, but should be soon.

Permit plans also show at least 9 other stream crossings along the way north. Those would expand, too, with the new floodplain maps.

Finally, the project would cross numerous wetlands.

Wetlands on Pacific Indio Property near the confluence of three major waterways: West Fork San Jacinto, Spring Creek, Cypress Creek. From from National Wetlands Inventory,

Legal History

The Bender Estate, which previously owned approximately 800 acres of undeveloped land in the northwest quadrant of Humble, granted a Right-Of-Way easement to Ryko Development to construct a road that would ultimately cross Spring Creek and service the planned development between Spring Creek and 99 on the Pacific-Indio Property.  

Skymark Development later purchased those 800 acres from the Bender Estate and started to develop them.

According to Jason Stuebe, Humble City Manager, after Humble began to re-construct Townsen, Ryko presented the easement to Humble and stated they intended to connect into Townsen Blvd.

This caused consternation as it didn’t fit with the city’s plans for reconstructing Townsend. All parties (including Ryko and Skymark) went to court. They reached a settlement sometime in 2018 that gave Ryko two years to begin constructing the roadway. 

EPA Delays Road

However, a cease-and-desist order from the EPA delayed the work; Skymark inappropriately filled in some wetlands elsewhere on its property. Once the EPA recognized that Ryko’s road was not affiliated with the wetlands issue, EPA allowed Ryko to proceed with constructing the road. 

In 2019, Humble City Council approved the plat dedicating the roadway as a public Right-Of-Way once completed. Then COVID delayed the road again. An exception to the settlement was made. Construction has since resumed, albeit slowly. 

New Townsen Landing development
Extension to Townsen Boulevard under construction where it stops at Spring Creek. Photo taken 9/26/2022.

Stuebe stated, “Because the road actually leads out of our jurisdiction, I have no further information on the status of its permitting with either Harris County or the state with regard to crossing Spring Creek. Once the roadway is completed, inspected and approved by the City Engineer and Public Works, it will become a right of way of Humble.”

I suspect that the bridge is more of a dream than a done deal at this point. Despite obstacles, attempts are being made to put all the pieces of the puzzle into place. But high hurdles remain.

Posted by Bob Rehak on 11/19/22

1908 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.