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Planning Commission <br />Meeting Minutes <br />March 11, 2010 <br />Page 2 of 13 <br /> <br />sections of Title 17 the Louisville Municipal Code (LMC) <br />regarding the creation of statutory vested property rights. <br />Continued from February 25, 2010 public hearing. <br />Public Notice Certification: <br />McCartney stated the agenda item was continued from a previous meeting <br />therefore a new public notice was not required. <br />Conflict of Interest and Disclosure: <br />None heard. <br />Staff Report of Facts and Issues: <br />Following are the discussion points presented by Fleming: <br /> <br /> Purpose of hearing is to consider amendments to Title 17 of the Louisville <br />Municipal Code concerning the creation of vested property rights. <br /> <br /> The current code allows City Council to consider vested rights agreements <br />to grant vesting for periods in excess of three years (Section 17.54.090). <br /> <br /> The code amendment would allow City Council to consider vested rights <br />agreement at the time of preliminary plan review. <br /> <br /> The development review process conducted by the Planning Commission <br />would not change with the proposed code amendment. <br /> <br /> The proposed ordinance would define site specific development plans to <br />include preliminary PUD development plans (currently the definition is <br />limited to final PUD development plan) for the purpose of establishing <br />vested property rights, but only and to the extent provided in a vested <br />rights agreement approved and executed by City Council. <br /> <br /> Allowing vesting of certain aspects of a development proposal may be <br />appropriate for at least two reasons: <br />i. It would avoid surprises later in the process <br />ii. It would avoid the time and expense of developing and <br />evaluating a proposal for which there is little support. <br /> <br /> The proposed ordinance allows for vesting at the preliminary PUD stage <br />only if and to the extent provided in a vesting agreement, therefore <br />allowing for a specific agreement on rights being vested. <br /> <br /> Five (5) sections of Title 17 of the LMC would be amended. <br />i. Section 17.28.170.D Preliminary development plan – Plan <br />review. <br />ii. Section 17.28.180.A Final development plan – Submission <br />requirements. <br />iii. Section 17.54.020 Definitions <br />iv. Section 17.54.030.C Creation – Notice and hearing <br />v. Section 17.54.090 Rights by agreement <br /> <br /> The requested code amendments should not have any fiscal impact on <br />services. <br />Fleming referenced two memorandums from the City Attorney: <br /> <br />