10/18/2004

THE VESTED RIGHTS TASK FORCE IS SUBMITTING THE FOLLOWING PROGRESS REPORT AS OF 12/3/04:

The Vested Rights Task Force members agree on the following issues:

I. GOING FORWARD

A) The definition of “permit” is clearly identified in Chapter 245.

B) A “utility contract” is a “permit” but not necessarily a “project”.

C) A "project" should be defined by information provided by an owner on a "Project Affidavit".

D) A draft “Project Affidavit" will be created by the Task Force for review by 12/10/04. The draft “Project Affidavit” will be posted on the COSA website for public review and input.

E) Vested Rights is tied to a "project" and a "permit". Vested Rights will be acknowledged only after the "Project Affidavit" is filed. A permit alone will not qualify for vested rights unless it also contains the definition of the Project.

F) “Change in Project”-

- a change in land use that exceeds 10% in acreage as identified on Project Affidavit

- any change to the Project after the expiration of the Permit on which the Project vested

“Not a Change in Project”

- Moving land uses without greater than 10% change in acreage

- Minor changes as defined in “Minor Changes to MDP”

- No governmental action shall in and of itself trigger a change in project (i.e. movement in location of major thoroughfare)

G) Consent Agreements

- may be used for common law vested rights claims and potentially for

statutory claims; however, Consent Agreements shall not be used when there are other remedies available, i.e. Development Agreements, Variances, etc.

- All consent agreements will go to the Planning Commission for approval. It will not be forwarded to City Council unless a CCR is completed by a Councilmember.

H) Completed Project/Termination of Vested Rights

- Single Phase - when permanent electric meter is installed for last structure

- Multi-Phase - when the permit to which project is tied has expired (either by operation, dormancy or by expiration date contained within permit). Any permit that does not have an expiration date would have the same time frames (up to 20 years) allowed by an MDP (to remain valid permit for vested rights must show project progress, i.e. 8%/ 50% to remain a valid permit

II. 1997 UNTIL COUNCIL ADOPTS NEW VESTED RIGHTS POLICY

- any plat filed from when the Development Rights Ordinance took effect in 1997 until we change UDC is vested to date identified by ordinance (2007)

III. PRE-1997

_ if Owner has an identified project and a permit – file a Project Affidavit and vest to permit date

- if Owner has a permit (without a defined project) , file a Project Affidavit within 18 months and vest to 1997 (1997 tree ordinance).

The next 2 meetings are scheduled as follows:

- December 10 in Training Room “A” of the One Stop Bldg. 8:30-10AM

· Public input and discussion of draft language for revised UDC, Project Affidavit form, and definitions related to Vested Rights.

- December 17 in Board Room of the One Stop Bldg. 7:30-10:30AM

· Public input and consideration of final recommendations