Purpose. This section establishes a process whereby an owner can request and demonstrate that the development of property is entitled to be reviewed and approved in accordance with regulations that pre-date the effective date of this UDC per Chapter 245 or Section 43.002 of the Texas Local Government Code. This section shall not apply to a claim of a right under any other federal or state statute.
A. 
To the extent a project is entitled to vested rights or the right of continued use, as determined under this Section, it may be exempt from the requirements of current regulations of the City.
B. 
The purpose of these requirements 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 about the project; 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. 
This section is further intended to establish provisions related to time limits and the expiration of vested rights.
D. 
A project is not eligible for vested rights if any of the following are found to be true:
1. 
The area for which the petition is submitted does not fall within the area addressed by the documents establishing grounds for the vested rights claim;
2. 
The original project has been completed or changed; or
3. 
The development activity on the site was not permitted by the City.
(Ordinance 2025-O-650 adopted 1/9/2025)
A. 
Application for establishment of Chapter 245 rights. The provisions of this Section shall apply to any application for a permit or any other approval of a project for which an applicant desires to establish development rights under Chapter 245 of the Texas Local Government Code. There are two basic types of Chapter 245 determinations.
1. 
The first type of Chapter 245 determination involves a demonstration by the applicant that a project is vested with Chapter 245 development rights because the original application for a permit gave the City Fair Notice of the project and of the nature of the permit being sought and neither a permit nor the project have expired.
2. 
The second type of Chapter 245 determination involves a demonstration by the applicant that a project or permit is entitled to be reviewed in accordance with the regulations of the City in effect on the date that the original application for the first permit in the series of permits was filed because progress toward the completion of the project has been made by the applicant even though the permit and/or project time limits have expired.
3. 
An applicant, in order to establish development rights for a particular project, may need to demonstrate both Fair Notice of the project and that progress toward completion of the project has been made.
B. 
Expiration of existing permits. Any Site Development Plan (Site Plan) or Concept Plan or other land development approval that has an approval date that is prior to May 11, 2000 and that does not have an expiration date, and for which no progress has been made toward completion of the project as of May 11, 2000, is hereby deemed to have expired as of May 11, 2004 and shall no longer be considered as a valid project. Any Concept Plan that has an approval date that is after May 11, 2000 and before December 18, 2012 and that does not have an expiration date, and where no progress towards completion of the project has occurred shall have expired on December 18, 2017 and shall no longer be considered valid. Any Site Development Plan (Site Plan) or other land use approval that has an approval date after May 11, 2000 and before December 18, 2012 shall have expired on December 18, 2014 and shall no longer be considered valid. Any Concept Plan with an approval date after December 18, 2012 and that does not have an expiration date shall expire five years after the approval date where no progress towards completion of the project has occurred. Any Site Development Plan (Site Plan) or other land use approval with an approval date after December 18, 2012 shall expire two years from the date of the approval unless extended prior to the expiration date.
C. 
Applications for Chapter 245 determination.
1. 
An application related to a demonstration that the City has Fair Notice of the project shall be submitted in a form prescribed by the City and shall be initially reviewed for completeness to ensure that all required items are available for technical review purposes. The application shall state the proposed date of applicable rules for the first permit in the series of permits, and the applicant shall supply documentation in support of the request. The burden of proof is on the applicant to provide sufficient written information to substantiate a claim under this Section. One or all of the following items may be considered as part of the Fair Notice Documentation:
a. 
Any of the documentation described in Subsection C.3 below.
b. 
Documentation that clearly shows specific land uses, densities and intensities.
c. 
Documentation that shows the layout of streets, public easements, parking areas and building footprints.
d. 
Any other documentation that the applicant believes provides evidence of Fair Notice.
2. 
Chapter 245 development rights shall only apply to the specified land uses, densities and intensities set forth in the Fair Notice Documentation provided by the applicant. Any modification of the land uses, densities or intensities from those set out in the Fair Notice Documentation shall be considered a new project subject to current City ordinances.
3. 
An application related to a demonstration that a permit or project has not expired because progress has been made toward completion of the project shall be submitted in a form prescribed by the City and shall be initially reviewed for completeness to ensure that all required items are available for technical review purposes. The application shall state the proposed date of applicable rules for the first permit in the series of permits and shall clearly describe each permit that has been issued and the date of approval for each subsequent permit. The applicant shall provide a statement in narrative form that describes the efforts that have been undertaken toward completion of the project and shall supply documentation in support of the request. The burden of proof is on the applicant to provide sufficient written information to substantiate a claim under this Section. One or all of the following items may be considered:
a. 
Copy of an application for a Final Plat or plan that was previously submitted to a regulatory agency;
b. 
Proof that a good-faith attempt was previously made to file with a regulatory agency an application for a permit necessary to begin or continue towards completion of the project;
c. 
Documentation of costs that 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 of the most recent appraised market value of the real property on which the project is located;
d. 
Documentation of fiscal security posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or
e. 
Documentation of utility connection fees or impact fees for the project paid to a regulatory agency.
4. 
The provisions of Subsection C.3 above shall only apply to the project and specified land uses, densities and intensities set forth in the permits that have been previously approved by the City. Any modification of the land uses, densities or intensities shall be considered a new project and subject to current City regulations.
5. 
Any application for a Chapter 245 determination that is not deemed complete by the City shall be rejected, and the applicant shall be notified in writing of the missing or incomplete items within 10 working days of the submission of the application. An incomplete application shall expire if the missing or incomplete items are not provided by the applicant within 45 days of the date of initial submission of the application.
6. 
Each application shall be reviewed by the City Manager, in consultation with the City Attorney. The application may be denied in whole, granted in whole or denied in part and granted in part. Where the documentation submitted by the applicant is adequate to confirm a determination that rights exist under Chapter 245, then the regulations in place at the time such rights vested shall be applied in the further review and processing of permits for the project as applicable to the portion of the application that was granted.
7. 
The City Manager shall provide his or her decision on the application within 45 days of the date of the receipt of a complete application.
8. 
The applicant may appeal a final determination by the City Manager under this Section to the City Council within 10 calendar days of the date of the City Manager's decision on the application.
9. 
The City may enter into a consent agreement with the applicant that is intended to resolve a good-faith dispute concerning Chapter 245 development rights and applicable regulations in order to avoid the cost and uncertainty of litigation to both parties.
D. 
Continued use petitions.
1. 
General standard. A property is entitled to rights of continued use under Section 43.002 of the Local Government Code to the extent that current regulations would prohibit:
a. 
Continued use of the land in the manner in which it was being used on the date that annexation proceedings were instituted, if the use was legal at that time; or
b. 
The initial use of land in the manner that was planned before the 90th day before the effective date of the annexation if:
(1) 
One or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use; and
(2) 
A completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted.
(Ordinance 2025-O-650 adopted 1/9/2025)