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Commissioners approve Gatehouse Unit 2 plat as more properties opt out of city ETJ
Summary
The court approved the final plat for Gatehouse Unit 2 and accepted associated surety and variances; staff explained the subdivision arrived in county jurisdiction after property owners used SB 2038 to opt out of city ETJ, prompting discussion of long-term jurisdictional complexities and noise mitigation near a rail line.
Comal County staff presented and the court approved final plat of Gatehouse Unit 2, accepted a standby letter of credit (FTFC24438) as surety for road and stormwater improvements, approved requested variances and authorized the county judge to sign construction agreements. Planning staff advised the court that this subdivision moved from city processing to county jurisdiction because property owners in the area used Senate Bill 2038 to opt out of city extraterritorial jurisdiction (ETJ).
Planning staff said the county'9s GIS and interlocal agreements show a patchwork of jurisdiction in the eastern part of the county after recent opt-outs and that Gatehouse Unit 2 is the first plat processed under the new pattern. "Last year, the legislature up at Austin, came up with Senate bill 2038... That allowed a property owner to opt out of the ETJ jurisdiction that the city might have," planning staff said. Commissioners asked about noise mitigation for homes near a rail line; staff said county rules do not allow the county to require certain larger noise‑abatement structures and developers typically provide landscape buffers.
