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Council authorizes developer-funded feasibility study for proposed Jack in the Box after resident objections
Summary
Council approved a developer-funded feasibility study to evaluate utilities, drainage, traffic and annexation for a proposed 0.76-acre Jack in the Box site after residents expressed opposition and council debated liability and process.
The Montgomery City Council on Jan. 14 authorized a developer-funded feasibility study to determine how the city could serve a proposed 0.76-acre Jack in the Box site (developer KHR Properties). The vote authorizes the city engineer to prepare the study; councilmembers stressed that the study is informational and does not constitute approval of the development.
Why it matters: Council members and residents clashed over whether to allow the study to proceed. Some councilmembers said rejecting the study could expose the city to legal liability if the developer later meets ordinance requirements; others said residents oppose development at that corner and urged denial. Council ultimately voted to accept the study so the city would have technical information on utilities, drainage, access, impact fees and potential annexation implications.
What staff said: Catherine Vu (city/consultant) described the feasibility study’s scope: where and how water and sewer service could be provided, drainage needs including potential ponds, whether annexation would be required, estimated tax benefits, impact fees, estimated utility extension costs and relevant transportation/traffic analyses. The study will also identify variances or easements the developer might need and outline next steps should the developer choose to proceed.
Council discussion: Council members repeatedly emphasized process: accepting the feasibility study would not approve the development. Concerns raised by council included traffic and compatibility with TxDOT’s planned four-lane improvements for Hwy. 149, easements and potential need for right-of-way if TxDOT expands lanes.
Outcome and next steps: The council voted to authorize the feasibility study; staff said the study would be returned at the February meeting. The study will be funded by the developer; any later requests for variances, annexation or development agreements would be separate council actions.
Ending: Council instructed staff to bring the study to the Feb. 11 meeting; the authorization was framed as an informational step, not the final development approval.
