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The proposed ordinancewould amend four sections ofTitle 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 />onMarch 11(continued from February 25, 2010) for your recommendation on <br />approval/denial to City Council. City Council will hold a public hearing on the <br />proposed ordinanceat the March 16thCity Council meeting. Appropriate notices <br />have been published. Should approval occurat the regular City Council meeting <br />on March 16th, a vesting rights agreement specific to COP could be provided to <br />City Council at the earliest on March 16 for 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 bulk issue <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 />NOTE <br />: Staff is requesting a code change to provide City Council with the ability and <br />authority to approve a vesting rights agreement at an earlier stage in the development <br />process. Such a vested rights agreement could contain one or more items relative to <br />vesting such as yard and bulk requirements, densitiesand/orheight. This does not <br />suggest that City Council will approve any such vesting rights agreement should it <br />come before City Council; only that City Council has the ability to do so should City <br />Council believe such an action is appropriate.Should any applicantrequest a vested <br />rights agreement in the future at this stage of the development process, should the <br />LMCallow it, each agreement would be considered on its own merits specific to that <br />development.Similar to annexation agreements, Intergovernmental Agreements <br />(IGAs) and PCZD zoning agreements, City Council action on a vested rights <br />agreementwould not require Planning Commission recommendation and/or action. <br />Proposed amendments to the LMC: <br />3 <br /> <br />