[{"_1":2,"_122":-5,"_123":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,74,86,98,110],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":44,"_46":47,"_48":49,"_50":51,"_52":53,"_54":55,"_56":57,"_58":59,"_60":61,"_62":63,"_64":65,"_66":67,"_68":69,"_70":67,"_71":72,"_73":72},"mediaId",6504585,"mediaKeyId","5587774-22689dfbaaa706ae8a85ef9220e2adcf","parentId",5587774,"title","Commission seeks cautious approach to dormant entitlements for inactive PDDs; attorney warns of vested-rights constraints","audioSeconds",0,"startMs",7553000,"endMs","viewUrl","/Search/View?dp=1&key=5587774-22689dfbaaa706ae8a85ef9220e2adcf&start=7553&end=7553","thumbnailUrl","https://assets.pipeline.soar.com/5587774-22689dfbaaa706ae8a85ef9220e2adcf/thumbnail_7553000.jpg","articleUrl","/articles/6504585/Lago-Vista/Travis-County/Texas/Commission-seeks-cautious-approach-to-dormant-entitlements-for-inactive-PDDs-attorney-warns-of-vested-rights-constraints","mediaUrl","https://secure.pipeline.soar.com/6504585-7b1ed9ecaf1c5ef03532f8d0f2e01d1b/orig.mp4?Expires=1770512165&Signature=I4aKO0-f35DlCnZwYgn0tl28Q25c-nO6sLUtlOvBm0xiRnRufRR-MO6O35PI4Ppbulv8XLDU7EtMTdyPbdn6t2IVehsr6SC8fXuU4ooo4PMRQU8Jt8xjaUs6L8gev5dOmIV6X7YJoebg9WLprPH31FGgYem5aBGYu6ENjEpzyikNu9fMKE~Q1DrmcmHzKVKy3zBjgw3wWqU4wLAEoz5gTpXgzAWH7TbYVc8E~WOButBnWt6kC~-JbzQdVGxaN1TvFsIvI8Ac6G5HfkYecPvvZc9p1Kk1Ikan6eKhaBN-rhNejsizg2ESufilMnu78t5HHndpbeK2eiCUD5cMUemSbA__&Key-Pair-Id=KUT5TJCACFTXG","author","Lago Vista","date","2025-08-14T00:00:00Z","article","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 has not materially changed, and that municipalities face legal limits on retroactively rescinding entitlements. He added that recent legislative changes further constrain municipal regulatory authority.

Commissioners discussed practical approaches. They suggested creating a process that would: (1) identify potentially dormant entitlements, (2) notify owners and request proof that work or permit-related activity is ongoing (for example, engineering work, federal or state permits, or other expenditures tied to the project), and (3) only proceed with rezoning or entitlement revocation after due notice and a public hearing if the owner cannot show continuing project activity.

Why it matters: Deadlines and dormancy rules affect whether old entitlements remain valid, influence future land-use and zoning options for sites, and can have financial consequences if the city is perceived to have improperly taken away rights. Commissioners said they want clear, defensible criteria and a process that gives property owners opportunity to show they are actively pursuing the development.

Direction: The commission asked the city attorney and staff to prepare a memo outlining potential dormancy criteria and a recommended notification and hearing process; commissioners requested that staff include applicable state statutes and recent legislative changes in the memo.

Quotes: Brad summarized the legal constraint: “Texas is a developer-friendly state. The law is crafted in such a way that it makes it hard to establish dormancy.” Commission members proposed that if staff suspects dormancy they should ask the owner for documentation that work is ongoing; if no proof is provided, staff may initiate a public process to reevaluate entitlements.

Next steps: Staff and the city attorney will draft guidance and a procedural memo for the commission to review; commissioners said they will not move to alter entitlements unilaterally without that staff-supported process and required public notice.","mediaType","Video","parentTitle","Lago Vista - Planning and Zoning","oneSentenceSummary","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.","taxTitle","Lago Vista, Travis County, Texas","taxId",69620,"location","headline","","shortSummary",{"_33":75,"_35":36,"_37":38,"_39":76,"_41":77,"_43":78,"_45":79,"_46":80,"_48":81,"_50":82,"_52":83,"_54":55,"_56":57,"_58":84,"_60":61,"_62":63,"_64":85,"_66":67,"_68":69,"_70":67,"_71":72,"_73":72},6504588,"Commission seeks staged distribution and redline input for comprehensive plan revisions",189,5901000,6090000,"/Search/View?dp=1&key=5587774-22689dfbaaa706ae8a85ef9220e2adcf&start=5901&end=6090","https://assets.pipeline.soar.com/5587774-22689dfbaaa706ae8a85ef9220e2adcf/thumbnail_5901000.jpg","/articles/6504588/Lago-Vista/Travis-County/Texas/Commission-seeks-staged-distribution-and-redline-input-for-comprehensive-plan-revisions","https://secure.pipeline.soar.com/6504588-21a106e48cbb4b48e2a2f2c939b44ee1/orig.mp4?Expires=1770512322&Signature=O-fjp6M1Jbj3wtvH-IzTTehMt~taBzbFe5-zPwcUdwlGxh8iK4enfg8ulnE33k1-qOHKIFvBrPMCvXtivykbybr8jFhUlMIjbGSt5j8b99nvNXfv3HbmPEFxzBnjjs5O6zQuh5blPVeBlxPl9g3CVGXKdSVLQYgnlPBdMIQVS2ReyzETPLly6aGUuUKnWkFYb4fz~dcX2F3AmyEWSD3ySx0g~CgzaQmNhZ6u4sbkY3Ao6yx1N67R7DWz~SvrEQyDGmAAj10RT5AY4HTWTUco9bxK-AiUWxeKN6fEhai5-ml0~waDaekQtWHsOoX83VQKINE5QM0uzpMrhDaz0WjDGQ__&Key-Pair-Id=KUT5TJCACFTXG","The Planning and Zoning Commission discussed next steps for the Lago Vista comprehensive plan on Aug. 14 and asked the comp-plan subcommittee to distribute work in stages so the full commission can review and provide feedback.

Commissioners said the draft comprehensive plan prepared by the consultant had generated disagreement; the consultant will not return to present further, the commission was told. Commissioners asked the subcommittee to provide sections or an itemized list of recommended edits for the first 30 pages, then the next 30, and so on, so members can review incrementally rather than receiving a single large document shortly before a hearing.

Legal and procedural questions about distributing subcommittee work were raised. City Attorney Brad advised compliance with the Texas Open Meetings Act (TOMA): a subcommittee (fewer than a quorum) may produce work product and submit it to staff, and staff may include the material in agenda packets and distribute it to the full commission; however, commissioners must avoid discussing the material in private among a quorum outside a posted meeting. Commissioners asked staff to circulate the subcommittee’s work in tranches and to provide an editable source file (for example, a Word document) or an annotated change list that references page and section numbers to facilitate redlines and comments.

Why it matters: The comprehensive plan guides future land-use decisions, future land-use mapping and zoning policy. Commissioners and several members of the public emphasized the need for adequate review time and clear provenance of edits so any recommended changes are grounded in the subcommittee’s work and public input.

Direction: The commission asked staff to obtain an editable copy of the consultant’s plan and to accept staged submissions from the subcommittee for distribution as staff-approved agenda materials. Staff committed to post subcommittee deliverables and to make sure distribution complies with TOMA.

Quotes: A commissioner asked for “a full 15 days to review what our subcommittee has worked on,” and Brad summarized: “If the work product is submitted to staff and included in the agenda packet, that is permissible, but you must not discuss it outside a called meeting.”

Next steps: The subcommittee will provide its recommendations in increments to staff; staff will post the materials and distribute them to commissioners for review before the commission’s next scheduled meeting.","Commission members asked the comp-plan subcommittee to provide draft sections in smaller increments and for staff to make the working drafts and source document editable so the full commission can review and redline changes before formal hearings.",{"_33":87,"_35":36,"_37":38,"_39":88,"_41":89,"_43":90,"_45":91,"_46":92,"_48":93,"_50":94,"_52":95,"_54":55,"_56":57,"_58":96,"_60":61,"_62":63,"_64":97,"_66":67,"_68":69,"_70":67,"_71":72,"_73":72},6504594,"Tree and landscaping subcommittee circulates draft zoning revisions; commission asks for packet posting",472,4988000,5460000,"/Search/View?dp=1&key=5587774-22689dfbaaa706ae8a85ef9220e2adcf&start=4988&end=5460","https://assets.pipeline.soar.com/5587774-22689dfbaaa706ae8a85ef9220e2adcf/thumbnail_4988000.jpg","/articles/6504594/Lago-Vista/Travis-County/Texas/Tree-and-landscaping-subcommittee-circulates-draft-zoning-revisions-commission-asks-for-packet-posting","https://secure.pipeline.soar.com/6504594-1cfb8b3765f7e0e34f42e601a8f56cdf/orig.mp4?Expires=1770525988&Signature=N0vK-rz2yO1XaAkLqXF~~pu9eARU8~OjXufshbbekjcLlop7mGpBZ9fbRRhXrygNzr81aPDIu3rDYq8gfDmvolBz7rkwRgGHHmqUi45z0RLuNZ26RGp-YNlPIO-Dm38RWtRWFGn-KlTge825c3a~nR6pOUo3~WKimP3HcNKkHBD~cPm21dGKW7VwE-b1SgR0GR~cKIKxpP8Olo8YXrlDIiamnv9YIqDDP~vJfPVUup4U~CuUFI5JZPF0-bIKezldc8Uqdi7FHyXBrt2Y4llV1uq7LQk-PnQG1QRjerWcdmSlWlNwawKKNVAsiBD6VYoL5EfpitGi8-v29Xji15pTcg__&Key-Pair-Id=KUT5TJCACFTXG","The Planning and Zoning Commission’s tree and landscaping subcommittee presented a draft package of proposed changes to Chapter 14 (zoning) on Aug. 14 and asked the full commission to review the draft before returning it for formal consideration.

Subcommittee members said the draft updates definitions, broadens the list of protected and recommended tree species, incorporates wildfire-resilient landscaping guidance and suggests clearer language for fees in lieu of tree preservation. The draft also includes suggested updates to lighting guidance that relate to dark-sky principles.

Commissioners said portions of the draft appeared in the meeting packet only as a grayscale or non-posted attachment and asked staff to circulate the color-coded draft to the full commission so members can see suggested edits and origin (the subcommittee used color coding to indicate text proposed by different contributors). The chair agreed to place the item on a future agenda after staff posts the draft on the city website and distributes copies to commissioners.

Why it matters: Changes to tree and landscape rules can affect development requirements, street and lot design, and how applicants mitigate tree removal. Commissioners said they want time to vet language and rate schedules for mitigation payments before any ordinance change is recommended to council.

Direction: Staff was asked to post the draft zoning exhibit (Chapter 14, Exhibit A) in the packet and on the city website so commissioners and the public have time to review. The subcommittee agreed to provide an annotated list of the recommended changes if that format is easier for reviewers.

Quotes: Subcommittee members summarized their work as “preserve the canopy” and expand the tree lists and protections. One commissioner said, “I’d rather have just a final product,” asking for a cleaner, final ordinance draft once the subcommittee finishes edits.

Next steps: Staff will circulate the color-coded draft and a summary of subcommittee recommendations; the commission will schedule a future agenda item for formal review and possible referral to council.","A Planning and Zoning subcommittee presented a draft revision to Chapter 14 (zoning) that expands canopy protection, tree lists and landscape guidance; commissioners asked staff to post the draft so commissioners and the public can review in color before the next meeting.",{"_33":99,"_35":36,"_37":38,"_39":100,"_41":101,"_43":102,"_45":103,"_46":104,"_48":105,"_50":106,"_52":107,"_54":55,"_56":57,"_58":108,"_60":61,"_62":63,"_64":109,"_66":67,"_68":69,"_70":67,"_71":72,"_73":72},6504599,"Commission asks staff to study parkland dedication fee in lieu of payment",809,3051000,3860000,"/Search/View?dp=1&key=5587774-22689dfbaaa706ae8a85ef9220e2adcf&start=3051&end=3860","https://assets.pipeline.soar.com/5587774-22689dfbaaa706ae8a85ef9220e2adcf/thumbnail_3051000.jpg","/articles/6504599/Lago-Vista/Travis-County/Texas/Commission-asks-staff-to-study-parkland-dedication-fee-in-lieu-of-payment","https://secure.pipeline.soar.com/6504599-6691372667e8d361eaff297745f60fb9/orig.mp4?Expires=1770526297&Signature=jeTmG9Q7A~Y8-uUZcxCou5663JUo-C1OZ0l7jSm-zr4Tbj7MyVMc6zVd222m7kZy7SIi5hIF5wc3MccYGLstLyVTa0cAzrBxq0zLJnDAFSUFqVpvZqUJbr5ryiPPJ3clki8Oy0eO7tbgm1AcBRIkUTcGVcPdHlKn07TCTrP55LyImal0wqD6H8P18BVhJ-VFuEo2vaQtj6~L3J9-k5~uvvnIVcobE6oEpv0A2JorAzMKzpqdY4ZRd86WHaZFK4ql-yY5Toe3Jom-THjs9QwtDysVgLHijI7-tHld~rll0o4OzwodQFexJlU3YRte0abenuSCzmQZTALKoRqWaAgkWg__&Key-Pair-Id=KUT5TJCACFTXG","Lago Vista’s Planning and Zoning Commission opened a discussion on Aug. 14 about the city’s parkland dedication fee-in-lieu and asked staff to prepare a data-driven report for future recommendation to the City Council.

City Manager Charles West and Commissioners summarized that the commission was asked by council to review whether the fee in lieu is adequate to enable the city to acquire and develop parkland equivalent to what would be required if land were dedicated. Commission discussion focused on methods to calculate a per-unit fee (the ordinance divides an acre-equivalent value by 30 units), whether the current per-unit figure remains aligned with market values, and legal limits on fee increases.

Commissioners and members of the public offered preliminary estimates and approaches. One commissioner noted an illustrative per-acre value of about $100,000, which, divided by 30, would imply roughly $3,330 per unit; another suggested a higher per-unit figure generated from online comparisons of land values (figures mentioned in discussion included $1,050, $5,800 and other ranges, but participants stressed those were preliminary and not final). The commission heard that Cedar Park and other neighboring jurisdictions use different approaches and that any change must be supported by evidence.

Legal context: City Attorney Brad advised that changes to fee-in-lieu require data demonstrating nexus and rough proportionality under applicable case law; without adequate supporting data a higher fee could expose the city to a legal challenge for being confiscatory. He also noted that some statutory provisions limit certain parkland dedications (the commission noted a 10% reference in the multifamily/hotel/motel subchapter). Commissioners asked staff to gather market data, appraisal comparables and an analysis of nexus so the city can justify any change.

Direction: The commission reached consensus to ask the city manager and development services staff to prepare a report that (1) compiles comparables and market valuation for land per acre, (2) converts that value to a per-unit fee under the city’s formula, and (3) recommends a review cadence (one commissioner suggested every two years). The council liaison, Rob Durbin, said he would report the commission’s discussion to City Council so staff can be authorized to prepare the work (including procurement of appraisals or consultant work if council approves).

Why it matters: A revised fee could affect the economics of new development, the city’s ability to acquire parkland, and the incentive for developers to dedicate land instead of paying a fee in lieu.

Quotes: City Manager Charles West described the referral: “I brought it to council for a request to make a referral to yourselves, so that you could review the fee in Parkland dedication and make a recommendation to council on any changes.” City Attorney Brad cautioned that “any fee in lieu of . . . needs to have the data to support it,” and that the city must show nexus and rough proportionality.

Next steps: Staff will prepare a data package and options for the commission; the commission asked the council liaison to notify City Council that the commission will request staff assistance and, if needed, funding to obtain appraisals or an independent analysis.","The commission discussed the city’s parkland dedication fee-in-lieu formula and asked staff to prepare data and options for council consideration, citing legal tests that require a demonstrated nexus and proportionality.",{"_33":111,"_35":36,"_37":38,"_39":112,"_41":113,"_43":114,"_45":115,"_46":116,"_48":117,"_50":118,"_52":119,"_54":55,"_56":57,"_58":120,"_60":61,"_62":63,"_64":121,"_66":67,"_68":69,"_70":67,"_71":72,"_73":72},6504604,"Planning and Zoning Commission conditionally approves Santa Vista Way preliminary plat",2869,116000,2985000,"/Search/View?dp=1&key=5587774-22689dfbaaa706ae8a85ef9220e2adcf&start=116&end=2985","https://assets.pipeline.soar.com/5587774-22689dfbaaa706ae8a85ef9220e2adcf/thumbnail_116000.jpg","/articles/6504604/Lago-Vista/Travis-County/Texas/Planning-and-Zoning-Commission-conditionally-approves-Santa-Vista-Way-preliminary-plat","https://secure.pipeline.soar.com/6504604-466c8132bec2855baebbbc927b1ebd88/orig.mp4?Expires=1770517644&Signature=Nda6ZqCIKFeUY0tQRGaelMEj3JWwvmxhB~JD8AJBdyQEak99rrFrYm8BsHVprOIQlzLYZuN24o4NiM~NNFsj5EIv-0hNhhBKI9buHrzcTGHvV7GhBE1J3BSR0nC7TapZyvIUt4w85qV0brK0rfjV5BGPUVonZDFuV~S6t3tnC13gEGfvy-48KHZKmymQBNTEo4f7TDA3nLW9gLdkW6MMUdAGKVjbYlcjT6DKDHhrqj6j9td5KH1KAkoPso5BeEcWHiixYixQPD6GyJeo2ACOT1beND3pJ-E0y97-MldRPjnvkKu4kaeDqLi~UZimJ6SG~XGxv9lYIOlGiXgmNIzXgA__&Key-Pair-Id=KUT5TJCACFTXG","The Lago Vista Planning and Zoning Commission approved consideration of the Santa Vista Way preliminary subdivision plat on Aug. 14, 2024, subject to conditions requiring the applicant to correct several items before the final plat is submitted.

Commissioners said the move aims to give the applicant clarity about what must be corrected before final approval. Commissioner Frank Robbins moved to approve the preliminary plat with conditions; Commissioner Linda Air seconded the motion. The motion language required, among other items, that the applicant apply for a variance to the cul-de-sac length in accordance with Chapter 10 criteria; provide documentation that the cul-de-sac length and turnaround are approved by the city’s consultants; show 4-foot sidewalks on both sides of the street or request a sidewalk variance with the final plat; replace references to “City of San Antonio” with “City of Lago Vista” in plan notes; and address who will maintain the turnaround island at the gated entrance or secure a license agreement if the city will maintain it prior to plat recordation. Robbins made the motion on the record: “I move that preliminary plat now being considered be approved with following conditions,” then read the list of conditions in full.

Why it matters: The commission and the city attorney stressed that preliminary-plat approval can be conditional, but that conditions must align with final-plat requirements and not impose new standards beyond what the ordinances require. City Attorney Brad (recorded as “Brad” in the transcript) advised commissioners to ensure any conditions “track what’s required for final plat” so the city does not inadvertently alter subdivision regulations by oversight.

Key facts and outstanding items: Commissioners and staff flagged these items for the applicant to resolve before final plat submittal: the cul-de-sac length/variance status (a variance was shown only on the concept plan, not as a formal variance application); sidewalk design (the submitted preliminary showed one 6-foot sidewalk while the ordinance requires 4-foot sidewalks on both sides unless a variance is approved); documentation from the city’s consulting engineer confirming the turnaround/entrance feature; and the maintenance responsibility for a landscaped turnaround island shown in existing city right-of-way. Staff and the attorney said construction plans and engineering review typically catch many technical items, but the commission wanted those specific points to be explicit so the applicant would not be surprised at final review.

Procedure and vote: Commissioners first voted 5–2 to limit debate on the matter, then proceeded to act on the preliminary plat. The commission approved the preliminary plat with the conditions described above; the transcript records the motion, a second, and voice approval in the meeting. The transcript does not record an itemized roll-call tally for the final conditional approval beyond the voice approval on the record.

What comes next: Staff will continue engineering and construction-plan review. The applicant must either revise plans to meet the standards or submit variance applications where they seek deviations. If the turnaround island is to be maintained by the city, the city manager would need to approve maintenance or the council must approve a license agreement before the plat can be recorded.

Quotes: Commissioner Frank Robbins, who moved the approval, read the motion on the record: “I move that preliminary plat now being considered be approved with following conditions.” City Attorney Brad advised the body to make sure conditions “track what’s required for final plat,” and cautioned commissioners to avoid imposing conditions that would exceed or alter subdivision regulations.

Ending: The conditional approval advances the Santa Vista Way subdivision to the next review phase, but the project must clear the enumerated technical and legal items before final plat recordation.","Lago Vista Planning and Zoning Commission approved the Santa Vista Way preliminary subdivision plat with conditions, directing the applicant to resolve sidewalk, turnaround and variance issues before the final plat.","actionData","errors"]

Article not found

Commission seeks cautious approach to dormant entitlements for inactive PDDs; attorney warns of vested-rights constraints

Commission seeks staged distribution and redline input for comprehensive plan revisions

Tree and landscaping subcommittee circulates draft zoning revisions; commission asks for packet posting

Commission asks staff to study parkland dedication fee in lieu of payment

Planning and Zoning Commission conditionally approves Santa Vista Way preliminary plat