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LOUISVILLE PLANNING COMMISSION <br />STAFF REPORT <br />February 25, 2010 <br />ITEM: <br /> To consider amendmentsto Title 17of the Louisville <br />Municipal Code concerning the creation of vested property <br />rights <br />PLANNERS: <br /> Sean McCartney, Principal Planner <br /> Gavin McMillan,Planner II <br />CITY STAFF: <br />Malcolm Fleming, City Manager <br /> Heather Balser, Deputy City Manager <br />ADDITIONAL INFORMATION REQUESTED FOR MARCH 11, 2010 PLANNING <br />COMMISSION MEERTING: <br />Please find attached the Development Review Process Flow Chart – additional <br />information has been added indicating where in the process vested rightsmay <br />attach under the City’s existing ordinances, and where in the process the <br />proposed changesto the Louisville Municipal Code would allow for an added <br />opportunity for a vesting request, with any earlier vesting to beby agreement only <br />at the discretion of the City Council. <br />To further clarify, the development review process conducted by thePlanning <br />Commission wouldnot be changed by the proposed ordinance.Rather, the <br />proposed ordinance allows for City Council consideration of a potentialvested <br />rights agreement earlier in the development process. Currently, the Code allows <br />City Council to consider vested rights agreements to grant vesting for periods in <br />excess of three years (Section 17.54.090); the Code amendments allow City <br />Council to also consider a vested rights agreement at the time of preliminary plan. <br />Staff requests Planning Commission input on the Code change as it relates to <br />Title 17.Whether the City Council ultimately decides to approve a vestedrights <br />agreement (should such a code change occur) is a legislative action by the City <br />Council similar to Councilactions on annexation agreements, IGAs and PCZD <br />zoning agreements. And should City Council desiremore information from an <br />owner to consider such a request, City Council can do so.City Council also has <br />legislative discretion to approve or reject any request for a vested rights <br />agreement, and to limit the vested rights established through the agreement to <br />only those specific elements of the preliminary plan for which City Council desires <br />to agree to vesting. <br />1 <br /> <br />