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Feasibility study for Jack in the Box accepted; council told drive‑through use may require special‑use permit
Summary
Council accepted a utility and economic feasibility study for a proposed Jack in the Box at FM 105 and FM 149; the franchisee argued the site requires a drive‑through to be viable, while planning staff said the drive‑through is an accessory use that may require a special-use permit and review by the planning commission and TxDOT.
The Montgomery City Council accepted a utility and economic feasibility study Tuesday for a proposed Jack in the Box restaurant on the southeast corner of FM 105 and FM 149 and heard legal and planning staff explain that a drive‑through on the site may require a special‑use permit.
Mark Holmes, who identified himself as representing KHR Properties and as a Jack in the Box franchisee, told the council a denial of a drive‑through would undermine the property’s economic viability: "Denial of a drive through on this property would cause an economic economic hardship, Virtually making the property unsuitable for the intended use." Holmes urged the council to consider how other fast‑food businesses in the city had…
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