(A)
This
Division 5 establishes criteria for determining whether a project
is entitled to vested rights under Chapter 245 or Section 43.002 of
the Texas Local Government Code. To the extent a project is entitled
to vested rights, as determined under this Division 5, a permit necessary
to initiate, continue, or complete a project may be exempt from current
regulations.
(B)
Purpose.
The purpose of this Division 5 is to:
(1)
Establish
a clear and consistent process for evaluating vested rights claims;
(2)
Ensure
that vested rights determinations are based on accurate and complete
information, including the nature and scope of the original project
for which vested rights are asserted and actual development that has
occurred over time; and
(3)
Recognize
legitimate claims of vested rights under state law, while ensuring
that new development complies to the greatest extent possible with
current regulations.
(C)
Applicability.
A vested rights petition may be filed relating to a development application authorized under Chapter 2, Chapter 3 and/or Chapter 4 of this GDC, which has been filed in accordance with Chapter 245 of the Texas Local Government Code, or successor statute.
(1)
A vested rights petition must be filed prior to expiration of certain development applications pursuant to Chapter 1, Article 2, Division 4, of this GDC; and
(2)
A
vested rights petition must not be filed with a petition for a text
amendment, a zoning map amendment, or any other request for a legislative
decision by the City Council.
(D)
Effect.
Upon the granting of a vested rights petition in whole or in
part, the responsible official shall process the application and the
applicable Initial Decision-Maker shall decide the application in
accordance with the standards specified in the relief order, based
on prior ordinance requirements or development standards.
(Ordinance 6773 adopted 5/19/15)
(A)
Who
May Petition.
A vested rights petition may be filed with
any application identified in this GDC by a property owner, or the
owner’s duly authorized representative.
(B)
Form
of Petition.
The vested rights petition must allege that
the petitioner has a vested right relating to some, or all, of the
land which is the subject of the application, under Texas Local Government
Code, Chapter 245 or successor statute, or pursuant to Texas Local
Government Code, Section 43.002 or successor statute, 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 must include the following information and documents:
(1)
A
narrative description providing a summary of the grounds for the petition,
including a statement as to whether the petition asserts a vested
right related to a specific standard or to an entire project;
(2)
The
date on which the applicant claims that vested rights accrued and
a copy of each approved or pending application, permit, fair notice,
or other document 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;
(3)
The
official submission date of the development application;
(4)
The
date the project for which the development application was submitted
was commenced;
(5)
Identification
of all standards otherwise applicable to the application from which
relief is sought;
(6)
Identification
of any current standards which petitioner does not contest can be
applied to the application at issue;
(7)
A
narrative description of how the application of current standards
affects the proposed use of the land, landscaping, tree preservation,
open space, park dedication, lot size, lot dimensions, lot coverage,
or building size shown on the application for which the petition is
filed;
(8)
A
copy of any prior vested rights determination involving the same land;
and
(C)
Time
for Filing Petition.
A vested rights petition must be filed at the same time as an application for which a vested right is claimed, except that the petition may also be filed before the date of expiration of any development application when filed pursuant to Chapter 1, Section 1.27. Where more than one application is authorized to be filed simultaneously by this GDC, the petition may be filed simultaneously with each application.
(Ordinance 6773 adopted 5/19/15)
(A)
Responsible
Official.
(2)
In
situations where multiple applications are submitted and there is
more than one responsible official, the decision of each responsible
official shall be coordinated with that of any other responsible official
on the vested rights petition.
(3)
Where
a vested rights petition asserts a vested right to an entire project,
the Planning Director is the responsible official.
(4)
The
responsible official shall promptly forward a copy of the vested rights
petition to the City Attorney following the filing of the petition.
(B)
Initial
Decision.
The Initial Decision-Maker on a vested rights
petition, as provided in Table 5-1, shall determine whether the relief
requested in the vested rights petition should be granted in whole
or in part, and shall formulate a written report summarizing the Initial
Decision-Maker’s reasoning and setting forth the decision on
the petition.
(C)
Appeal
of Decision on Petition.
The applicant/petitioner may appeal the Initial Decision-Maker’s decision on the vested rights petition to the Appellate Decision-Maker authority cited in Table 5-1. Such an appeal must be filed in accordance with the procedures set forth in Section 5.02. Any further appeal of such petition must be made to the applicable authority cited in Table 5-1 and filed within ten calendar days following the date of the decision being appealed.
(D)
Effect
on Related Applications.
A copy of the final decision
on the vested rights petition (or appeal) under this Section must
be submitted as part of the application requirements for any related
and subsequently filed plat or development application. No related
application will be accepted as complete without such a final decision
having been rendered, and without the submission of the final decision
documentation having been included with the application.
(Ordinance 6773 adopted 5/19/15)
(A)
Action
on the Petition.
Not later than fifteen business days after acceptance of a complete vested rights petition, the Initial Decision-Maker, as provided in Table 5-1, shall review the petition under Section 5.18 and render a determination consistent with the requirements of this Division 5. The Initial Decision-Maker may take any one of the following actions:
(1)
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;
(2)
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;
(3)
Deny
the relief requested in the petition, and direct that the application
be reviewed and decided under currently applicable standards; or
(B)
The Initial
Decision-Maker may approve a petition in part if a project is legally
entitled to some, but not all, of the rights asserted in the petition,
or if a change in the scale or intensity of development is necessary
to maintain conformity with the original project. A vested rights
determination may not waive or modify applicable regulations or provide
relief which is not provided for through Chapter 245 or Section 43.002
of the Texas Local Government Code.
(C)
Order
on Petition.
The responsible official shall issue a written
report and decision on the vested rights petition which shall include
statements, findings, and determinations on the following:
(1)
The
nature of the relief granted, if any;
(2)
The
approved or filed application(s) upon which relief is premised under
the petition;
(3)
Current
standards which shall apply to the application for which relief is
sought, if applicable;
(4)
Prior
standards which shall apply to the application for which relief is
sought, including any procedural standards, if applicable;
(5)
The
statutory basis or other grounds upon which relief is denied in whole
or in part on the petition;
(6)
To
the extent feasible, subsequently filed related applications that
are subject to the same relief granted on the petition; and
(Ordinance 6773 adopted 5/19/15)
(A)
Factors.
The decision-maker, whether the Initial Decision-Maker or Appellate
Decision-Maker, shall decide a vested rights petition that alleges
rights under Chapter 245 of the Texas Local Government Code pursuant
to the criteria described in this Subsection.
(1)
General
Standard.
A permit application may be approved and the
project granted development rights under Chapter 245 of the Local
Government Code if approval of the permit is required to initiate,
continue, or complete a project for which a prior permit or fair notice
application was submitted to the City. An application may not be approved,
and a project granted development rights, if the permit is unrelated
to or inconsistent with the original project or if the original project
has been completed, changed, or expired.
(2)
Review
Criteria.
In determining the relief to be granted, if
any, on a vested rights petition that alleges rights under Chapter
245 of the Texas Local Government Code, the decision-maker shall consider
the following factors, where applicable:
(a)
The nature and extent of proposed development shown on the prior
permit or other application that initiated the project for which vested
rights are claimed;
(b)
Whether the permit application submitted in connection with the vested
rights petition is related to, and consistent with, the original project;
(c)
The nature and extent of prior development of the property, including
any permitting or construction activity that occurred subsequent to
the vesting date requested by the applicant;
(d)
Any prior vested rights determinations made for development of the
property;
(e)
Whether current standards adopted after commencement of the project
affect the proposed use of the land, landscaping, tree preservation,
open space, park dedication, lot size, lot dimensions, lot coverage,
or building size based upon the proposed application;
(f)
Whether any statutory exception applies to the standards in the current
GDC from which the applicant seeks relief; and
(g)
Whether any prior approved applications relied upon by the petitioner
have expired.
(B)
Conditions.
In the event that the claim of vested rights under a petition
is based upon a pending application which is subject to standards
that have been superseded by current standards of this GDC, the decision-maker
may condition any relief granted upon the approval of the application
under those previously superseded standards.
(Ordinance 6773 adopted 5/19/15)
(A)
After
the City has reached a final decision on a vested rights petition,
the property owner must revise the application for which relief was
sought to conform said application to the final decision, unless the
relief granted on the vested rights petition is consistent with the
application on file.
(B)
The decision-maker
on the application shall consider any application revised under this
Subsection in accordance with the procedures for deciding the initial
application under this GDC and in conformity with the relief granted
on the petition.
(C)
If the
relief granted on the vested rights petition is consistent with the
application on file, no revisions are necessary.
(D)
If proceedings
have been stayed on the application pending referral of the vested
rights petition to the City Council, proceedings on the application
shall resume after the City Council’s decision on the vested
rights petition.
(Ordinance 6773 adopted 5/19/15)
(A)
Expiration.
Any relief which may have been granted on a vested rights petition
expires on occurrence of any one of the following events:
(1)
The
petitioner or property owner fails to submit a required revised application
consistent with the relief granted within sixty calendar days following
the final decision on the petition;
(2)
The
application for which relief was granted on the vested rights petition
is denied; or
(3)
The
application for which relief was granted on the vested rights petition
expires.
(B)
Extension.
Any extension of the expiration date for the application for
which relief was granted on a vested rights petition also extends
the relief granted on the petition for a like period.
(Ordinance 6773 adopted 5/19/15)
(A)
Definitions.
For purposes of this section only:
(1)
Initial Permit
means any of the following types of applications or approvals granted under the Garland Comprehensive Zoning Ordinance or subdivision regulations (including Chapter 31 of the City Code), as amended, or any predecessor zoning, subdivision or development-related ordinance that was in effect prior to the effective date of this GDC: any Site Plan, Concept Plan, Detail Plan, Specific Use Permit/Provision, any type of plat, or any other application that was approved subject to a schematic drawing illustrating the location, arrangement, orientation, or design of land uses, lots, or improvements on a site intended for development.
(2)
Final Permit means a Building Permit, Certificate of Occupancy, or Final Plat approved under the Garland Comprehensive Zoning Ordinance or subdivision regulations (including Chapter 31 of the City Code), as amended, or any predecessor zoning, subdivision, or development-related ordinance that was in effect prior to the effective date of this GDC.
(B)
Expiration
of Permits.
Any application or permit that was approved
or filed at least five years prior to September 1, 2015 or the effective
date of this GDC, whichever is later, and was not previously subject
to an expiration date, expires on the effective date of this GDC where
no progress has been made toward completion of the project.
(C)
Reinstatement.
The owner of the land subject to an initial permit that expires under Subsection (B) above may petition the City Council to reinstate such permit by filing a written petition within sixty calendar days following the effective date of this GDC. The petition must clearly state the grounds for reinstatement, and must be accompanied by documentation providing evidence of one of the following:
(1)
More
than five years prior to the effective date of this GDC, one of the
following events had occurred:
(a)
A final permit for all or part of the land subject to the approved
initial permit was approved, or was filed and was subsequently approved;
(b)
An application for a final permit was submitted for all or part of
the land subject to the expired initial permit, but such application
was rejected on grounds of incompleteness (consistent with Texas Local
Government Code, Chapter 245.005(c)(2));
(c)
Costs for development of the land subject to the initial permit,
including costs associated with roadway, utility and other infrastructure
facilities designed to serve the land in whole or in part, but exclusive
of land acquisition costs, were incurred in the aggregate amount of
five percent of the most recent appraised market value of the land;
(d)
Fiscal security was posted to ensure performance of an obligation
required for all or a part of the land subject to the approved initial
permit; or
(e)
Utility connection fees or other fees for all or part of the land
subject to the approved initial permit were paid.
(2)
During
the time period beginning five years prior to the effective date of
this GDC, but ending before the expiration date specified in Subsection
(B) above, one of the following events had occurred:
(a)
A final permit was approved for all or part of the land subject to
the approved zoning application, and remained in effect for such land
on the expiration date; or
(b)
A complete application for approval of a final permit for all or
part of the land subject to the approved initial permit was pending
for decision on the expiration date.
(D)
City
Council Action on Reinstatement.
When considering a petition
to reinstate an expired permit under this Section, the City Council
may take any one of the following actions:
(1)
Reinstate
the expired initial permit without an expiration date, if it finds
that the petitioner has met any one of the criteria listed in Subsection
(C)(1) above;
(2)
Reinstate
the initial permit for all or part of the land subject thereto, if
it finds that the petitioner has met any one of the criteria listed
in Subsection (C)(2) above, subject to such expiration dates or other
conditions that assure that the remaining land that is not subject
to an approved or pending final permit application will be developed
in a timely fashion. In granting relief under this provision, the
City Council may require that development of such remaining land be
subject to standards enacted after approval of the initial permit;
(3)
Deny
the petition, if it finds that the petitioner has failed to meet any
of the criteria in Subsection (C); or
(4)
Reinstate
the permit for only that part of the land subject to a pending final
permit application, if it finds that the petitioner has met the criteria
in Subsection (C)(2)(b) and the pending application subsequently was
approved, and deny the petition for the remaining land subject to
the expired initial permit.
(Ordinance 6773 adopted 5/19/15; Ordinance 7079, sec. 43, adopted 8/20/19; Ordinance 7107, sec. 84, adopted 12/3/19; Ordinance 7524 adopted 4/16/2024)
