A. Optional Preapplication Conference: Any person intending to apply for a vacation of public right of way is encouraged to meet with staff from the department of planning and community development to discuss basic intentions before investing time in detailed plans. The purpose of the preapplication conference is to review the proposed vacation and ensure that the applicant is familiar with the review and approval procedures for a vacation of public right of way.
B. Submittal Requirements:
1. An application for a vacation of public right of way must be filed with the city clerk on application forms provided by the department of planning and community development.
2. Supporting materials must be submitted as specified on the application form.
3. The city clerk shall forward said application to the department of planning and community development.
C. Staff Review:
1. The director of planning or designee will review the application with regard to the following factors:
a. Impact on pedestrian and vehicular access and circulation.
b. Impact on emergency and utility vehicle access and circulation.
c. Impact on access of adjacent private properties.
d. Desirability of right of way for access or circulation needs.
e. Location of utilities and other easements or restrictions on the property.
f. Any other relevant factors pertaining to the specific requested vacation.
2. Once information regarding utilities, adjacent property owners, and access issues has been collected and reviewed, the director of planning or designee will forward a written report and recommendation to the planning and zoning commission regarding the requested vacation.
D. Planning And Zoning Commission Review: After receipt of a report and recommendation from staff, the planning and zoning commission will schedule one or more public meetings to receive public comment regarding the proposed vacation request. The commission will consider the evidence presented in the application, in the staff report, and at the public discussion(s) and make a recommendation for approval or disapproval to the city council.
E. Purchase Offer: Unless the vacated right of way is to remain public property, the applicant must make a purchase offer for the area proposed to be vacated. The purchase offer should reflect the applicant's estimate of fair market value of the property. The estimate of the value of the property to be vacated should be based on the assessed and/or appraised value of adjacent or similar properties. Once a written purchase offer for the property is received, a public hearing before the city council will be scheduled.
F. Public Hearing On Vacation And Disposition:
1. After the recommendation and report of the planning and zoning commission have been filed, and a written purchase offer has been received from the applicant, the city council will hold a public hearing on an ordinance to vacate the subject right of way and on a resolution to dispose of the property to the applicant. Notice of such hearing, and the time and place of such hearing must be published in a newspaper having a general circulation in the city at least seven (7), but not more than twenty (20), days before the public hearing. In no case shall the public hearing be held earlier than the next regularly scheduled city council meeting following the published notice. The city council may set such public hearing before, after, or during the period when the planning and zoning commission is considering such matter.
2. If the city council approves the ordinance and resolution to vacate and dispose of the property, the office of the city attorney will complete the necessary documents to deed the property to the applicant and complete the transaction. (Ord. 05-4186, 12-15-2005)