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Commission recommends city council approve variances for H‑E‑B development on utility easement and rear setback

3781854 · June 11, 2025
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Summary

The commission voted to recommend approval of variances requested by the H‑E‑B development related to a required utility easement and a reduced rear setback from 25 to 20 feet, citing site topography and retaining-wall constraints; staff noted TxDOT relocation costs and neighbor-notification limits.

The Montgomery Policy Commission voted on June 11 to recommend City Council approval of variances requested by the H‑E‑B development (project number 2402). The variances concern a required utility easement location and a reduction in the southern rear setback from 25 feet to 20 feet to accommodate retaining walls and site grading.

Staff presenters described steep elevation changes across the site and explained that retaining walls and grading constrained the layout. Staff warned commissioners that if TxDOT later requires relocation of utilities, the expense for moving utilities would be the developer’s responsibility. A staff presenter also noted notification limitations for nearby property owners because some adjacent single-family homes lie outside the city limits, which affects how formal notices are sent.

Developer representatives said the requested changes allow adequate room for truck circulation, parking, retaining walls and vegetation that will meet the visual-barrier ordinance. Commissioners asked about sight lines, tree impacts and whether large trees could be preserved; the developers said existing grades and retaining walls will limit large-tree plantings but that the fence and planting plan will meet visual-barrier requirements.

A motion to recommend approval to City Council of variances related to sections 78-92 and 78-162 carried on a voice vote. The recommendation will proceed to City Council for final action.