Court modifies earlier variance to allow Top Star single‑lot plat while TxDOT access is resolved

Top Star Construction representatives told the court they want to plat and obtain development permits for their lot now while access and traffic‑permit questions related to an adjacent subdivision (Waverly Place) remain unresolved with Texas Department of Transportation (TxDOT). Top Star said it holds a TxDOT permit for a driveway serving the water‑plant entrance and that the original plan for a shared access changed during earlier negotiations.

County planning staff explained that the prior variance tied the two parcels together to ensure a shared access and a second entrance serving Waverly Place; the earlier condition required both properties to move forward together so the safety and traffic considerations for the subdivision would be met. Top Star asked the court to allow a modification so the company may plat its single lot and proceed with development permits while the neighboring subdivision completes its traffic and permit work.

Commissioners and planning staff discussed the risk that TxDOT might not approve the secondary entrance for Waverly Place without a modified application; staff said TxDOT had issued a permit for the water‑plant entrance but had not provided written assurance that an additional permit would be granted. County road staff said any additional traffic across private easements would likely require a modified TxDOT permit before the county could accept a public road.

The court approved the amendment to allow Top Star to file a one‑lot plat and to proceed with development permits for its lot, with the caveat that any future extension to connect to the other tract or to change shared access would require further review and compliance with TxDOT and county road standards. Commissioners emphasized the need to avoid creating conflicting or duplicative driveway approvals that would block Waverly Place from obtaining a second entrance when it is ready.