Council approves variances and later authorizes H-E-B development agreement after executive session

The Montgomery City Council approved a pair of variances related to required utility easements and vegetative setbacks for the H‑E‑B development (development number 2402) and later, following executive-session deliberations, authorized the city to finalize the H‑E‑B development agreement.

Staff described the variance requests as modifications to standard setbacks driven by site grade issues and constraints near right-of-way and TxDOT-owned areas. City staff said utilities within TxDOT right-of-way might require future relocation at the developer’s cost if TxDOT expands the roadway. A councilmember asked whether the developer could be required to bear relocation costs if an expansion occurred; staff indicated portions in TxDOT right-of-way would be the property owner’s cost to relocate if needed.

Council discussed internal site constraints, truck routing, and the need to keep truck maneuvering away from public access. Staff and the applicant explained the purpose of a third driveway to route trucks to the rear of the store and said the middle driveway would be right-turn-only. After discussion, the council voted to approve both variance requests.

Later in the meeting, council convened in executive session under Texas Government Code sections 551.072 and 551.087 to discuss real property and economic development matters related to the H‑E‑B project. Returning to open session, the council voted to approve the H‑E‑B development agreement.

The variance approvals and the development agreement include obligations for waterline work and road-related coordination described in staff reports; staff noted that certain utility relocations in TxDOT right-of-way would be the developer’s responsibility if TxDOT later required changes.

The council recorded motions to approve both variance requests, and a subsequent motion to approve the H‑E‑B development agreement was made and carried.