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other yard and bulk requirements at a time prior to final PUD development plan <br />approval. <br />A related question is whether a preliminary PUD development plan is sufficient to <br />serve as a site specific development plan for purposes of vesting. Under the state <br />statute, a site specific development plan is a plan “describing with reasonable <br />certainty the type and intensity of use” for specific propertyandmay include, by <br />way of example, documents ranging from a preliminary or general development <br />plan to a final PUD planto a vested rights agreement.Under City processes, a <br />preliminary PUD development plan may include specific and certain provisionson <br />some issues—e.g. permitted uses—but potentially not others—e.g., final <br />architectural design or landscaping. The proposed ordinance allows for vesting at <br />the preliminary PUD stage only if and to the extent provided ina vesting <br />agreement, thereby allowing for aspecific agreement on the rights being vested. <br />The proposed ordinancewould be for amendments to Title 17 of the LMC. The <br />amendments are also subject to review and a recommendation by Planning <br />Commission. Thus, the proposed ordinanceis presented to Planning Commission <br />on February 25 for your recommendation on approval/denial to City Council. City <br />nd <br />Council will hold a public hearing onthe proposed ordinanceat the March 2City <br />Council meeting.Appropriate notices have been published.Should approval <br />nd <br />occurat the regular City Council meeting on March 2,a vesting rights agreement <br />specific to COP could be provided to City Council at the earliest on March 16 for <br />consideration. <br />Attached are two memosfrom the City Attorney’s office. One provides an <br />overview of the Colorado Vested Property Rights Statuteand related provisions of <br />the LMC. The other discusses the general development plan yard and bulkissue <br />that is related to COP’s request.Additionally, please see below a table related to <br />how other communities vest property rights (when, what and how long). <br />CommunityIs their a Is the project When is the How long <br />preliminary granted vesting at project granted is project <br />review process?preliminary?vesting?vested for? <br />Yes. No. <br />City and At approval of the 3 years <br />“concept The concept <br />County of PUD plan. <br />review” plan planreview does <br />Broomfield <br />not vest anything. <br />City of GoldenNoNoAt approval of 2 years <br />final <br />YesNo <br />City of After City Council 3 years <br />Lafayetteapproval of a “site <br />specific <br />development plan” <br />YesYes <br />City of After City Council The time <br />Westminsterapproval.permitted <br />by State <br />Statute <br />2 <br /> <br />