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<br />ORDINANCE NO. 1567 <br />SERIES 2010 <br />AN ORDINANCE AMENDING TITLE 17 OF THE LOUISVILLE MUNICIPAL CODE <br />CONCERNING THE CREATION OF VESTED PROPERTY RIGHTS <br /> WHEREAS, <br /> the City of Louisville is a home rule municipal corporation organized under and <br />pursuant to Article XX of the Colorado Constitution and the Louisville Home Rule Charter; and <br />WHEREAS, <br /> by virtue of such authority, and as further authorized by state statutes, including <br />but not limited to C.R.S. §§ 24-68-103 and 24-68-104, the City has the authority to identify the <br />type or types of site specific development plan approvals within the City that will cause property <br />rights to vest and to enter into development agreements with landowners to provide vested <br />property rights; and <br />WHEREAS, <br /> the City Council previously defined site specific development plans to <br />include planned unit development (“PUD”) final development plans; and <br />WHEREAS, <br /> the City Council by this ordinance desires to define site specific development <br />plans to include PUD preliminary development plans for the purpose of establishment of vested <br />property rights, but only if and to the extent provided in a vested rights agreement approved and <br />executed by City Council; and <br /> WHEREAS <br />, the Louisville Planning Commission, after notice by publication and a public <br />hearing, has recommended the City Council approve the amendments to the Louisville Municipal <br />Code set forth in this ordinance; and <br />WHEREAS <br />, City Council has provided notice of a public hearing on said ordinance by <br />publication as provided by law and held a public hearing as provided in said notice; <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br />Section 1. <br />Section 17.28.170.D of the Louisville Municipal Code is hereby amended to <br />read as follows (words to be added 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 extension <br />of approval time may be applied for in writing to the planning commission. The <br />approval of a preliminary plan shall not result in the creation of any vested property <br />rights except as may be established in a vested rights agreement approved and <br />executed by city council pursuant to section 17.54.090. Such approval shall allow <br />the applicant to proceed to the final development plan stage, subject to the time limits <br />set forth in this subsection, or in a vested rights agreement if applicable, and the other <br />requirements of this chapter and title. <br />1 <br />264 <br /> <br />