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File #: ORD-0721    Version: Name: Vested Rights Ordinance
Type: Ordinance Status: Approved
File created: 6/1/2023 In control: Planning and Zoning Commission
On agenda: 7/25/2023 Final action:
Title: Approving an ordinance on second reading: An Ordinance of the City Council of the City of Pflugerville, Texas amending the City of Pflugerville's Unified Development Code; Providing for expiration dates of permits and projects; providing for permit application; providing for process for determining vested rights.
Attachments: 1. Staff Report, 2. Ordinance

Title

Approving an ordinance on second reading: An Ordinance of the City Council of the City of Pflugerville, Texas amending the City of Pflugerville's Unified Development Code; Providing for expiration dates of permits and projects; providing for permit application; providing for process for determining vested rights.

 

Summary

Texas Local Government Code §245 includes provisions that relate to the development regulations that govern a project over its lifetime, commonly referred to as vested rights, and when a project is considered expired. The purpose of this Unified Development Code amendment is to remove language that exists in Subchapter 3.10.5, Permit Expiration, by creating Subchapter 3.18, Permits, Projects, and Vested Rights to establish a process for a project to receive a determination of vested rights status. Additionally, the amendment provides a process for the expiration of dormant projects or permits as allowed by state law.

 

Vested Rights is defined through the proposed ordinance as, “the issuance of local permits, commonly referred to as the State’s “Vested Rights Law”, provides an opportunity for landowners or developers to “grandfather” or “vest” government regulations that apply to the development at the time of the filing of a permit application.”

 

All regulations that are being incorporated into the newly created Subchapter 3.18 of the Unified Development Code are specifically prescribed through Texas Local Government Code §245, however, in order for a municipality to enforce those provisions of law, they are required to be adopted in their development code. If approved, the proposed amendment would satisfy this requirement.

 

Staff Recommendation

Staff recommends approval as presented.

 

City Attorney approved the ordinance as to form.

 

Planning & Zoning Commission Action

On June 5, 2023 the Planning & Zoning Commission conducted a public hearing and recommended approval of the ordinance with a vote of 5-0.

 

Prior City Council Action

The City Council held a public hearing and approved the ordinance on first reading on July 11, 2023.

 

Funding Expected: Revenue __  Expenditure __  N/A _X_ 

Budgeted Item: Yes __ No __  N/A _X_                                     

Amount: ________ 

1295 Form Required? Yes __ No _X_                                  

Legal Review Required: __ Required __ Date Completed: April 6, 2023 

 

Supporting documents attached:

1. Staff Report

2. Ordinance

 

Recommended Actions

1. Approve on second reading.