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Comal County approves variance from major thoroughfare plan for Rocky Creek Ranch replat; county staff warns of potential TxDOT implications
Summary
Commissioners approved a variance to the county—s major thoroughfare plan along FM 484 for a vacate and replat at Rocky Creek Ranch after staff described prior illegal subdivision activity and consultation with TxDOT.
Comal County Commissioners Court on Jan. 9 approved a variance to the county—s major thoroughfare plan to reduce the normal 15-foot right-of-way dedication along FM 484 for a vacate and replat involving Lot 7, Rocky Creek Ranch Phase 1, and Lot 260, Rocky Creek Ranch Phase 9.
County engineering staff told the court the issue began when portions of the tract were conveyed by metes and bounds rather than through the required replatting process for platted lots, which triggered a notice of violation and follow-up. Staff presented a preliminary plat showing adjustments intended to return a 0.9-acre tract to a half-acre configuration consistent with adjacent lots.
The county engineer reported that TxDOT provided a letter indicating it would consider the requested reduced dedication as providing equivalent protection in lieu of the full 15-foot dedication. The engineer recommended approval of the variance to allow the platting process to proceed.
Commissioners asked about consequences if TxDOT later seeks additional right-of-way. The engineer said the lots south of the subject property (roughly 15 lots) are in a similar condition — many are half-acre tracts — and that if TxDOT ultimately needs additional right-of-way it could acquire it from one side or potentially use condemnation or purchase processes. The engineer also noted county rules allow an existing lot that is severed by the dedication of right-of-way to remain noncompliant in acreage under certain circumstances.
Commissioner Webb moved to approve the variance; Commissioner Hogg seconded. The motion passed.
Why it matters: The variance affects lot sizes and development rights along FM 484 in a portion of Comal County where prior subdivision and septic-permitting activity prompted enforcement. If TxDOT later pursues additional right-of-way, affected lots may become substandard under current county rules, though staff described administrative allowances for lots severed by right-of-way acquisition.
What—s next: County staff said the variance allows the plat to continue; the county engineer will proceed with the plat and monitoring of TxDOT actions that could change the final right-of-way requirement.
