1. Filing.

a. A Zoning Vested Rights Petition shall be submitted to the City’s Responsible Official in accordance with the Texas Local Government Code, Chapter 245 or successor statute.
b. Upon receipt of a Zoning Vested Rights Petition, the Responsible Official shall consult with the City Attorney.
 

2. Stay of Further Proceedings. Submission of such petition shall stay further proceedings on the related Application until a final decision is reached on the Zoning Vested Rights Petition.

D. Petition Requirements. The Zoning Vested Rights Petition shall allege that the petitioner has a vested right that requires the City to review and decide the Application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include, at a minimum, the following information and documents:

1. Basic Owner Information. The name, mailing address, phone number and fax number of the property owner (or the property owner’s duly authorized agent).

2. Identification of Property and "Project".

a. Identification of the property for which the property owner claims a vested right.
b. Identification of the "project," as that term is defined in Chapter 245 at 245.001.(3).
c. A chronology of the history of the "project," with special emphasis on facts establishing that the project was in progress on or commenced after September 1, 1997, as required by Chapter 245 at 245.003;
 

3. Narrative Description for Purpose of Petition. A narrative description of the grounds for the petition, including a statement as to whether the petition asserts a vested right related to a specific regulation or to an entire project.

4. Identification of Regulations.

a. Identification of all City regulations in effect at the time the original Application for the permit was filed that (a) the owner contends are vested and (b) the owner contends controls the approval, disapproval, or conditional approval of an Approval for a permit, pursuant to Chapter 245 at 245.002(a) and (b).
b. Identification of all City regulations, with particularity and in detail, that the property owner contends do not apply to the project due to the vested rights provided the property owner by Chapter 245.

i. Global references to a particular ordinance, or set of criteria, may be deemed insufficient and the City may consider the request for a vested rights determination to be incomplete and, hence, not subject to a staff determination at that time.

c. Identification of any current City regulations which petitioner agrees can be applied to the Application at issue.

5. Copies of Applications. A copy of each approved or pending Application which is the basis for the contention that the City may not apply current standards to the Application which is the subject of the petition.

6. Submittal Date of First Application. The submittal date of the first Application that began the vesting process (i.e., first permit in the series of permits required for the project), as identified in 2.10.01: Applicability, Completeness, and Expiration.

7. Submittal Date of Subsequent Application. If applicable, the submittal dates of subsequent Applications for the permits for the project.

8. Narrative Description of How Current Regulations Affect Proposed Use. A narrative description of how the Application of current regulations affect proposed use of the land, landscaping or tree preservation, or park dedication, lot size, lot dimensions, coverage or building size shown on the Application for which the petition is filed.

9. Copies of Prior Vested Rights Determinations. A copy of any prior vested rights determination involving the same land.

10. Benchmarking Project Progress for Expiring Permits or Applications. Whenever the petitioner alleges that a permit or Application subject to expiration should not be terminated, a description of the events constituting progress toward completion of the project for which the permit subject to expiration was approved.

 

E. Validity and Expiration of Different "Permits" for Vesting Purposes.

1. Required Plan Validity and Expiration. See § UDC-2.11.05E.1 for details.

2. Building Permit Site Plan Validity and Expiration. A Site Plan required as part of a building permit Application shall be considered a "permit" as described by State law in Chapter 245.005, as amended, of the Texas Local Government Code (TLGC).

a. Building Permit Site Plan Expiration. Any approved Building Permit Site Plan shall be deemed expired two (2) years from the date on which the Building Permit Site Plan was approved if no progress has been made toward completion of the project.

b. Progress Benchmarks. The term "progress" shall be as defined based on TLGC Chapter 245.005 as follows:

i. Plans for construction and an Application for a building permit for at least one of the buildings on the approved Building Permit Site Plan are submitted within two (2) years following approval of the Building Permit Site Plan.
ii. A good-faith attempt is made to file with the City an Application for a permit necessary to begin or continue towards completion of the project;
iii. Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent (5%) of the most recent appraised market value of the real property on which the project is located;
iv. Fiscal security is posted with the City to ensure performance of an obligation required by the City; or
v. Utility connection fees or impact fees for the project have been paid to the City.

c. Expiration. If one of the items listed in b.i through b.v above is not accomplished within the two (2) year period, then the approved Building Permit Site Plan shall expire and shall become null and void.

d. Building Permit Site Plan Extension and Reinstatement Petition.

i. Prior to the expiration of a Building Permit Site Plan, the Applicant may petition the City (in writing) to extend the Building Permit Site Plan approval.
ii. The Director of Planning shall be the Responsible Official for processing and review of the Application.
iii. Such petition shall be recommended for approval or denial by the Planning and Zoning Commission, and shall be granted approval or denial by the City Council.
iv. If no petition is submitted, then the Building Permit Site Plan shall be deemed to have expired and shall become null and void.

(a) Any new request for Building Permit Site Plan approval shall be deemed a "new permit", and shall be submitted with a new Application Form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this Section.
(b) The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new Application is made.

v. In determining whether to grant a request for extension, the Planning and Zoning Commission and City Council shall take into account the following reasons for the lapse.

(a) The ability of the property owner to comply with any conditions attached to the original approval, and
(b) The extent to which development regulations would apply to the Building Permit Site Plan at that point in time.

3. Planned Development Master Plan - Validity and Expiration. In conformance with TLGC Chapter 245, as amended, the Applicant shall retain the following additional rights related to an approved Planned Development Master Plan.

a. Preliminary Plat Submittal within Two (2) Years Required.

i. An Application for a Preliminary Plat shall be submitted for approval within two (2) years of the date of approval of a Planned Development Master Plan, unless otherwise provided in the PD adopting ordinance.
ii. If a Preliminary Plat consistent with the Planned Development Master Plan is not submitted within such period, the Planned Development Master Plan shall expire.

b. Expiration of an Approved Planned Development Master Plan.

i. Expiration of an approved Planned Development Master Plan (based on a above) shall result in suspension of the ability to submit a Preliminary Plat related to the original Planned Development Master Plan.
ii. A new Planned Development Master Plan must be submitted before the development process can continue.

c. Expiration of an Approved Preliminary Plat.

i. The expiration of an approved Preliminary Plat shall be governed by the provisions of Section 3. Subdivision Regulations and Development Standards and this UDC.

ii. If a required Development Application (e.g., Preliminary Plat, Final Plat, building permit) is submitted within the two (2) year period, but such Development Application subsequently expires, the associated Planned Development Master Plan shall also expire.

4. Ability to Retain the Rights to the Planned Development (PD) Project. See § UDC-2.11.05E.4 for details.

F. Decision of a Zoning Vested Rights Petition. See § UDC-2.11.05F for detailed information.

G. Judicial Review.

1. Should the property owner or any aggrieved person be dissatisfied with the actions of the City Council, they may avail themselves of all legal remedies to review the decision as set forth in Section 211.011 of the Texas Local Government Code.

H. Binding Determination. See § UDC-2.11.05H for details.

I. Action on Petition and Order.

1. Action on the Petition. On a petition or appeal, the Director of Planning or City Council may take any of the following actions:

a. Deny the relief requested in the petition, and direct that the Application shall be reviewed and decided under currently applicable standards;
b. Grant the relief requested in the petition, and direct that the Application be reviewed and decided in accordance with the standards contained in identified prior regulations; or
c. Grant the relief requested in part, and direct that certain identified current standards be applied to the Application, while standards contained in identified prior regulations also shall be applied.

See Building Permits and Fees for more information.