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RESOLUTION NO. 5 <br /> SERIES 2010 <br /> A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 17 OF <br /> THE LOUISVILLE MUNICIPAL CODE CONCERNING THE 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 the Planning Commission for 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 March 11, 2010 where <br /> evidence and testimony were entered into the record, including the findings in the Louisville <br /> Planning Commission Staff Report dated March 11, 2010, the Planning Commission <br /> recommends City Council adopt amendments to Title 17 of the Louisville Municipal Code <br /> (LMC) concerning the creation of vested property rights, being substantially as 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 /> of any 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_avested 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 may reflect 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 />