Title
Consider and take action on an ordinance amending Chapter 125, Article I, Section 125-8 of the Code of Ordinances of the City of League City entitled “Vested Rights - General” (Director of Planning and Development)
Staff requests first and final reading on this item.
Planning and Zoning Commission recommended approval 6-0-0 on October 7, 2013.
Council postponed to January 14, 2014 8-0-0 on December 17, 2013.
Council postponed to January 28, 2014 8-0-0 on January 14, 2014.
Council postponed to February 11, 2014 8-0-0 on January 28, 2014.
Background:
Approval of this item by City Council will clarify issues related to vested rights - the rights and protections granted a current or proposed project after it is presented to the City for approval. Proposed amendments are intended to align local law with state law, clarify areas left open to interpretation by state law, and set standards for expiration of vested rights to develop property in League City.
In accordance with Chapter 245 of the Local Government Code, any development project that is presented to the City for approval is automatically granted certain rights and protections. The law establishes the point at which a project is considered vested, items that are eligible to be vested (for example, land use, density, and lot configuration can be vested, but street and utility requirements cannot), and expiration of vested rights.
The proposed rewrite of Section 125-8 includes:
1. The types of applications that do and do not vest a project. For example, application for a preliminary plat for approval by the Planning and Zoning Commission carries vested rights while application for rezoning does not.
2. The process for managing incomplete applications as it relates to vested rights.
3. Rights granted to projects approved prior to approval of zoning in 1999. This includes the five “undocumented PUDs” that were designated as Planned Unit Development by the zoning map adopted in 1999, including subdivisio...
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