Code Section 30.01.007 provides for a procedure for a land owner to seek a determination of vested rights, commonly referred to as a “Chapter 245 determination.” 

The subject property is an approximately 25 acre tract of land located  southeast of the Shops at the Galleria and north of Spanish Oaks.

On April 23, 2020, the appellant submitted via email a Chapter 245 vested rights determination for a property referred to as “Cassandra Interests.” (See Attachment A of the City Manager Final Determination Letter attachment).

On May 8, 2020 the City issued via email a written notification of missing and incomplete items (See Attachment B of the City Manager Final Determination Letter attachment).

On June 8, 2020, the appellant transmitted to the City via email the missing and incomplete items (See Attachment C of the City Manager Final Determination Letter attachment).

Based on  review of the documentation, via a letter emailed and dated May 8, 2020, Mr. Garza made the determination that the application for vested rights under Chapter 245 was denied.  (See City Manager Final Determination attachment)

Pursuant to Code provision 30.01.007(f)(8), the landowner, via a letter dated and emailed July 31, submitted an appeal of the determination of the City Manager to the City Council. (See Letter of Appeal attachment).  On August 6, 2020, the appellant provided additional analysis of anticipated necessary variances to current Code (See Additional Analysis).

The City may enter into a consent agreement with the applicant that is intended to resolve a good-faith dispute concerning development rights and applicable regulations in order to avoid the cost and uncertainty of litigation to both parties.