A.

Upon application, the Board of Zoning Adjustment may authorize, as a special exception to the otherwise applicable provisions of this ordinance, the issuance of building permits for a specific proposed development that is not permitted by the terms of the zoning ordinance whenever the board finds that the applicant has demonstrated that he had a pre-existing, investment-backed, good faith expectation that he would be permitted to commence and complete a specific proposed development that has vested under the standards set out in paragraphs C, D, and E of this Section 69.

B.

[Definition:]

(1)

For the purpose of this Section 69, an "investment-backed expectation" is defined as the expenditure of substantial sums of money which cannot be recovered or an irreversible change of position that imposes on the applicant an obligation to expend substantial sums of money in the future.

(2)

For the purpose of this Section 69, the "date of notice that rezoning is in progress" shall be August 2, 1983, for a property included in the "moratorium area" by Resolution No. 83-34, passed and approved on September 6, 1983, as amended. In the case of all other properties hereafter rezoned, the "date of a notice of rezoning in progress" shall be the date that a notice of a public hearing on the proposed rezoning is first published in the official newspaper of the City of Grapevine.

C.

In considering whether a development expectation has vested, the board shall consider:

(1)

Whether there has been an act of the City of Grapevine or an officer or agency of the city upon which the applicant in good faith has relied to his detriment in a manner that makes it inequitable to enforce the terms of the currently effective zoning regulations with respect to the applicant's property.

(2)

The extent to which the applicant has, prior to the date of notice that rezoning is in progress, made a substantial commitment of money or resources directly associated with physical improvements on the land such as grading, land balancing, installation of utility infrastructure or other public improvements, or for the design of specific buildings and improvements to be constructed on the site.

(3)

The extent to which the applicant has secured permits for, and commenced or completed, the construction of subdivision improvements and buildings in part but not all of a development that was contemplated to extend over a period of months or years.

(4)

Whether the applicant prior to the date of notice that rezoning is in progress has made contractual commitments to complete buildings and deliver title thereto or occupancy thereof.

(5)

Whether prior to the date of notice that rezoning is in progress the applicant has incurred financial obligations to a lending institution which, despite a thorough review of alternative solutions, the applicant will be unable to meet unless he is permitted to proceed with the proposed development.

(6)

Whether enforcement of the terms of the currently effective zoning regulations will expose the applicant to substantial monetary liability to third persons; or will leave the applicant completely unable, after a thorough review of alternative solutions, to earn a reasonable return on the property.

(7)

Whether the right of the applicant to commence and complete the proposed development may have vested only with respect to an identifiable and discrete portion of the proposed development.

D.

The right of the applicant to commence and complete construction of a specific proposed development, or a portion thereof, is vested if the applicant can demonstrate that:

(1)

He owned the parcel proposed to be developed on the date of notice that rezoning was in progress with respect to such parcel and the specific development proposed for the parcel was then lawful and permitted.

(2)

Applying the considerations set out in paragraph C of this Section 69, the development expectations of the applicant were reasonable and final when formulated and were investment-backed.

(3)

Requiring that the applicant's property be developed in accordance with the currently effective zoning restrictions will, considering the investment of applicant prior to the date of notice that rezoning is in progress, deprive the applicant of a reasonable rate of return on his investment. In determining the reasonableness of the proposed rate of return, the following categories of expenditures shall not be included in the calculation of the applicant's investment:

(a)

Expenditures for professional services that are unrelated to the design or construction of the improvements proposed for the projected development.

(b)

Expenditures for taxes except for any increases in tax expenditures which result from governmental approvals or the construction of improvements on the property of the applicant.

(c)

Expenditures which the applicant has allocated to the particular proposed development but which the applicant would have been obliged to incur as an ordinary and necessary business expense (for example, employee salaries, equipment rental, chattel mortgage payments) had the plan for the particular development not been formulated.

E.

The fact that property has been or is in a particular zoning classification under this ordinance, or any prior zoning ordinance of the city, shall not, in itself, establish that an applicant's right to develop has vested.

F.

Any person, firm, or corporation having an ownership interest in property may file an application for a determination that the right to commence and complete a specific development on that property has vested. Such application shall be filed with the Board of Zoning Adjustment, shall contain a recital of the facts which are claimed to support the vested rights claim, and shall contain such other information as the city manager may specify.

G.

A public hearing shall be held by the Board of Zoning Adjustment on an application for a vested rights determination. At least 15 days' notice of the date, time and place of such hearing shall be published in the official newspaper of the City of Grapevine and shall be sent to the applicant and all other persons who are owners of real property, as the ownership appears on the last city tax roll, lying within 200 feet of the property which is the subject of the application.

H.

A written transcript of the public hearing and the deliberations of the Board of Zoning Adjustment on vested rights applications shall be kept.

I.

Within 30 days after the public hearing on an application, the board of adjustment shall file its written findings of fact and conclusions and serve the same by certified mail on the applicant and each person who filed an appearance in the public hearing.

J.

Any determination made by the board with respect to the vesting of development rights shall be the minimum necessary to provide the applicant with a reasonable rate of return on his investment made before a notice of rezoning in progress with respect to his property.

K.

A determination of the board with respect to vested rights under this Section 69 shall expire and be of no further force or effect unless construction is actually commenced within one year of the date the determination is made.

L.

Any person, firm or corporation claiming a vested right to commence and complete a specific proposed development who does not file an application for a determination under this Section 69, within six months of the effective date of an amendatory ordinance rezoning his property so as to prohibit his proposed development shall be deemed to have waived his right to seek such a determination.

(Ord. No. 84-16, § 2(D), 4-9-84; Ord. No. 2024-111, § 67, 12-17-24)