Any person who desires to acquire a public right-of-way (a street, alley or easement) may petition the City of Pella to vacate and sell the property. The petition is first referred to the Planning and Zoning Commission by the Zoning Administrator. The Commission will hold a public hearing and provide a recommendation to the City Council. The City Council will make the final decision. A proposed vacation must be compatible with the Comprehensive Plan in order to be approved. Neighboring property owners and the general public must not be adversely affected by the proposed vacation. Outlined below are the required procedures to vacate a public right-of-way.
1. Preparing the Vacation Petition.
A. A petitioner should first discuss the proposal with the Zoning Administrator. The Zoning Administrator will inform the applicant of the advisability of the vacation.
B. If the petitioner proposes to place any improvements on the vacated property, said petitioner should check with the appropriate authorities to ensure that public services can be provided or do not have to be relocated. Or the petitioner may be required to supply easements to the appropriate utility providers for existing utilities.
C. The petitioner files a petition to vacate with the Zoning Administrator. A deposit per Chapter 171 of this Code of Ordinances must accompany the petition. The deposit will be applied toward the purchase of the property if approved. The deposit will not be returned if the petition is denied.
D. Supporting information must be submitted with the petition:
(1) The legal description of the right-of-way to be vacated.
(2) A statement must be filed explaining why the petitioner wishes to acquire the property.
(3) A map of the area must be provided. The map must meet the following requirements:
a. At least one copy must be submitted. It should be neatly drawn in black ink on a sheet of paper or mylar of 8½" by 11" or 8½" by 14" in size.
b. The date, scale, and north point shall be shown.
c. Property lines of all parcels within 200 feet of the boundaries of the area being petitioned shall be shown. The names, addresses and telephone numbers of the owners of these parcels shall be included.
d. Property lines of the area to vacated shall be shown in heavy outline. Accurate dimensions for all property lines will be shown.
e. All streets and alleys in the general area shall be shown. The widths of the rights-of-way shall be noted.
f. The existing zoning classification of all properties shown on the plat shall be noted.
g. The name, address, and phone number of the person filing the petition shall be shown.
h. The existing land use of all properties shown on the plat will be noted.
2. Processing the Petition.
A. City Staff reviews the Petition as well as any other affected public or private utilities.
B. The Zoning Administrator advises the petitioner of any required changes.
C. If the petitioner decides to proceed with the vacation, a qualified real estate appraiser is contacted and asked to appraise the proposed property.
D. The petitioner is advised of the appraised cost of the property. If the petitioner decides to proceed with the vacation, the item is scheduled for the next Planning and Zoning Commission meeting.
E. The property owners within 200 feet of the area in petition are notified.
F. A public hearing is held at the Planning and Zoning Commission.
G. A recommendation from the Planning and Zoning Commission regarding the petition is sent to City Council.
3. Finalization of the Petition.
A. The City Council will act on the vacation petition. Three readings of the resolution to vacate are required.
B. After the third reading, the property is then sold for the appraised value to the petitioner. If the Council is unable to reach an agreement regarding the sale of the property to the petitioner, the Council may advertise the land for public bid. The highest bid received and approved by the Council shall normally govern the sale of the property. However, the Council may reject all bids and re-advertise or hold the land in abeyance for a future sale.
C. The City must receive full payment for the property prior to transferring the deed.