City Council Minutes 2010 03 16 - Laserfiche WebLink

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City Council Meeting Minutes March 16, 2010 Page 3 of 13 Mayor Sisk requested a City Attorney introduction. City Attorney Light read Ordinance No. 1567, Series 2010. Mayor Sisk reopened the public hearing and requested a Staff presentation. City Manager Fleming explained the proposed Ordinance No. 1567, Series 2010 would change several sections of the L.ouisville Municipal Code. The ordinance would allow the City Council to approve vested property rights earlier in the development review process for building height, yard and bulk and land uses/densities. The Louisville Municipal Code does not allow Council to approve a waiver until the final action on a development plan. ConocoPhillips seeks to have vested rights prior to final PUD development plan approval. Staff believes the ability to vest earlier in the development process not only relates to the ConocoPhillips development plans but also for future development applications as well. This would avoid any surprises amongst the public. If the developer intends to construct a building, which requires a waiver, it would be made clear early in the development review process. Secondly, it would avoid the time and expense of developing and evaluating a proposal for which there may be little support. The several important provisions to ensure there is an opportunity for public comment are as follows: . Section 17.54.030 B requires the request be made to the Planning Director at least 30 days prior to the date the City Council is to consider approval of the site specific development plan. . Section 17.54.030C requires 15 day notice of the issue and requires the City Council to conduct a public hearing. If Council approves an agreement, . Section 17.54.040A requires notice of the Council's approval not more than 15 days after said approval. . Section 17.54.090 specifies such agreements shall be adopted as legislative acts subject to referendum. PUBLIC COMMENT Susan Morris, 939 W. Maple Court, Louisville, CO expressed her uneasiness with conducting such an important meeting at this time and noted it is difficult for citizens who work to rearrange their schedules to speak before the Council. She urged Council to vote no on Ordinance No. 15B7, Series 2010. She did not agree with giving ConocoPhillips vested rights in the development of their property. She stated the City will be giving the developers carte blanche. If passed, she requested three critical pieces be included; 1) as much detail as would be included in a final PUD, 2) a specific term and 3) the vesting rights not be transferable. Michael Menaker, 1819 Choke Cherry Drive, Louisville, CO noted the ConocoPhillips project will take at least three PLJD's. Each plan is interrelated and the design will be integrated. He supported the two following conditions: 1) any vesting agreement be 20