A multi-party land-use matter involving Waverly Place subdivision sections, a newly sold 12.8-acre tract, a commercial parcel purchased by Topstar (for a shop/office yard) and shared access across a recorded easement dominated the Aug. 11 meeting. Commissioners postponed a final ruling on a requested modification of a previously granted variance and instead directed staff to continue administrative plan review while seeking clarity from the Texas Department of Transportation (TxDOT).
The dispute centers on access and the conditions attached to a variance granted previously when the larger 32-acre tract was subdivided into parcels. At the time the variance was granted, the court required both parcels to demonstrate valid access and certain conditions (including TxDOT permit coordination) before new construction. Topstar (the commercial buyer) now seeks to proceed with building its office/shop; the adjoining residential-planned parcel (12.8 acres) has not completed its TxDOT permit and platting required for a separate access. Topstar said it already has a TxDOT action allowing shared access tied to the water-plant driveway and had applied for a change of use; Topstar representatives asked the court to allow their building permit to proceed while the other owner finishes the required submittals.
Court members and staff described the regulatory tension: the original court conditions tied the two parcels together to guarantee a second access for public-safety reasons and to comply with traffic spacing requirements on FM 1375. Topstar said TxDOT had reissued a permit to allow shared access in their application, and Topstar representatives expressed confidence that a meeting with the TxDOT area engineer the same afternoon would produce written guidance. County staff and other landowners in the room said they would prefer separate plats or a temporary written commitment so Topstar could move forward without delaying the other owner.
After extended discussion the court agreed on the following approach: (1) allow planning staff to proceed administratively with plan review for Topstar and the adjoining parcel to the extent feasible; (2) request a written statement or letter of intent from the TxDOT area office after the afternoon meeting to clarify whether TxDOT will allow the shared access or will require separate permanent access points; and (3) require the parties to file documents, including a single-lot plat or written access commitment from the adjoining owner, as needed to meet the original variance conditions. The court said it would revisit the variance modification in two weeks if TxDOT could not provide clear written guidance at the scheduled meeting.
Commissioners emphasized they wanted to protect long-term secondary-access requirements while allowing reasonable administrative progress on plan reviews. The court did not grant the variance modification at the Aug. 11 session and recorded that the item would return for consideration after TxDOT provides a written position.