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<br />RESOLUTION NO. 5 <br />SERIES 2010 <br />A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTSTOTITLE 17 OF <br />THE LOUISVILLE MUNICIPAL CODE CONCERNINGTHE CREATION OF VESTED <br />PROPERTY RIGHTS <br />WHEREAS, the City Council previously defined site specific development plans to <br />include planned unit development (“PUD”) final development plans; and <br />WHEREAS, there has been referred to thePlanning Commissionfor study and <br />recommendation a draft ordinance to define site specific development plans to include <br />PUD preliminary development plans for the purpose of establishment of vested property <br />rights, but only if and to the extent provided in a vested rights agreement approved and <br />executed by City Council; and <br />WHEREAS, after a duly noticed public hearing on February 25, 2010 where <br />evidence and testimony were entered into the record, including the findings in the Louisville <br />Planning Commission Staff Report dated February 25, 2010, the Planning Commission <br />recommends City Council adopt amendments toTitle 17 of the Louisville Municipal Code <br />(LMC)concerning the creation of vested property rights, being substantiallyas follows <br />(words recommended to be added to Title 17 are underlined): <br />Sec. 17.28.170.Preliminary development plan—Plan review. <br />D.Approval of the application shall constitute approval of the <br />preliminary development plan and shall be valid for one year. A one-year <br />extension of approval time may be applied for in writing to the planning <br />commission. The approval of a preliminary plan shall not result in the creation <br />ofany vested property rights except as may be established in a vested rights <br />agreement approved and executed by city council pursuant to section <br />17.54.090. Such approval shall allow the applicant to proceed to the final <br />development plan stage, subject to the time limits set forth in this subsection, <br />or in a vested rights agreement if applicable,and the other requirements of this <br />chapter and title. <br />Sec. 17.28.180.Final development plan –Submission requirements. <br />A.The final development plan, which mayreflect an entire <br />development stage as delineated on the preliminary development plan or any <br />logical parts thereof, must be submitted within one year following the approval <br />of the preliminary development plan, unless a written request is made for an <br />extension of one year and such request is approved or unless a longer period <br />1 <br /> <br />