Bastrop officials recognize earlier vesting date for North End Prairie development after lawsuit

Bastrop City Council unanimously approved a resolution Sept. 22 recognizing an earlier vesting date for the North End Prairie development, allowing the project to now be reviewed under city regulations in effect at that time.

North End Prairie is a proposed 42-home, 4-acre development and has been subject to concerns from local residents, as previously reported by Community Impact.

The background

Jodie Smith, who owns the property with her husband Tom Leibowitz, previously told Community Impact that the initial disagreement with city officials stemmed from whether Article 1.20 of the Bastrop Municipal Code, which the city amended earlier this year, applied to the development. Instead of applying the regulations in place in August 2022, when the North End Prairie developers submitted their first permit, Smith said the updated rules were set in motion. A lawsuit between Pecan Street Bastrop, LLC and the city challenged how the ordinances were applied.

Now, the resolution reverses council's previous vested-rights denials for the development and recognizes Aug. 8, 2022 as the project's vesting date. This means the project will now be reviewed under city regulations​ that were in effect at that time.

The other side

Bastrop resident Heather Green spoke during the Sept. 22 meeting in opposition to the development, citing concerns with flooding, traffic, parking and emergency access.

"People are drawn to Bastrop because of the small town charm and sense of community," Green said. "Growth is inevitable, and we know that. But we should not sacrifice the established neighborhoods while trying to turn Bastrop into Austin."

Going forward

Council's decision on Sept. 22 does not approve the preliminary plat, and further approvals will be brought to the city's Planning and Zoning Commission.