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Commission seeks cautious approach to dormant entitlements for inactive PDDs; attorney warns of vested-rights constraints
Summary
Commission discussed criteria for treating planned-development entitlements as dormant and was advised by the city attorney that state vested-rights law and recent legislative changes limit the city's ability to cancel entitlements without due process and clear grounds.
Planning and Zoning Commissioners discussed how to handle dormant entitlements for inactive Planned Development Districts (PDDs) and other developments on Aug. 14, and the city attorney cautioned the commission to proceed carefully because of state vested-rights law and recent legislative changes.
City Attorney Brad explained that Texas’s statutory and case law on vested rights (noted in the meeting as Chapter 245 of the Local Government Code) makes it difficult to declare a project dormant if a developer has taken steps in the project’s timeline that constitute ongoing activity. Brad said the law favors preserving vested rights so long as the project…
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