Full Text
PLANNING, ZONING AND ADJUSTMENT BOARD APPLICATION FOR VACATION OF RIGHT OF WAY Applicant’s Name: Mailing Address: Zip: Phone: Cell: E-mail: Project Location: Legal Description: Description of Proposal: Representative attending City Council meeting: Signature of Applicant: Signature Date This is about an eight w eek process once the application is submitted. Application Materials: □ LETTER TO COUNCIL: Submit a signed letter to the City Council requesting the vacation of the right-of-way. Describe your proposal in detail and explain why you are requesting the vacation. □ NEIGHBORING PROPERTIES MAP: Submit a map identifying the property requested for vacation and all surrounding properties within 300’ (excluding rights-of-way and alleys). The Community Development Department can help provide this map. □ RECORD OF SURVEY AND LEGAL DESCRIPTION: Provide a written legal description of the property proposed for vacation. A record of survey from a licensed surveyor (in paper and electronic formats) may also be necessary. If a utility easement is to be retained, provide a legal description for that easement. Consult with the City. □ NOTICE TO NEIGHBORING PROPERTIES: Using the attached template, send notice letters via certified mail to the owners of all properties within 300’ of the property proposed for vacation. The mailing list can be compiled using the County “Mapserver” program. The notice letter must be approved by the Community Development Department before it is mailed to adjacent property owners. □ PROOF OF NOTIFICATION: Along with the copy of the notice letter, submit the certified mail receipts (green slips) for the notices that were mailed to all property owners within 300’ of subject property. □ LEGAL NOTICE: Submit legal notice of the public hearing to the Cody Enterprise for printing one time no less than 15 days prior to public hearing date. Use the attached template and provide proof of publication. Legal notice must be approved by the Community Development Department before submitting to newspaper. The publication fee is the applicant’s responsibility. □ APPLICATION FEE: Provide the application fee of $500 at time of application. Applicants are encouraged to arrange a pre-submittal meeting with the Community Development Department to ensure a complete submittal and understanding of the process. Recording: The vacation is authorized by ordinance, which involves a public hearing and three readings before City Council. Typically, the City Council requires payment for the vacated land, which value is based either on an appraisal or assessed land value of the adjacent property. If payment is required, it must be made prior to the vacation approval documents being signed by the mayor and recorded with the county clerk. The applicant must record the vacation of property documents at the courthouse, and pay any recording fee. The vacation will not be effective until such time as the recording occurs. STAFF USE File: VAC 2021- P&Z Invoice: ---PAGE BREAK--- Letter to Neighboring Properties within 300 Feet Please return this letter by: ,2021_ (Date must be 1 week prior to the City Council Public Hearing.) Date: _ RE: VACATION OF PROPERTY REQUEST Applicant Name(s): Phone Address/Location & Legal Description: _ Description of Request: (Please describe the location and purpose of the vacation of property.) _ A Public Hearing will be held before the Cody City Council at their regularly scheduled meeting on Tuesday ,2021 at 7:00 p.m. at City Hall Council Chambers, located at 1338 Rumsey Ave. Letter from Neighboring Properties within 300 Feet Dear City Council: I am familiar with the proposal by (Applicant Name) who is requesting a Vacation of Property for the above referenced property. I am the legal owner of Name: (Lot & block # or Address of Neighboring Property) (Neighboring Property) I have NO OBJECTION to the requested vacation of property. Name: Mailing Address: Comments: If you would like to receive a copy of the Planning and Zoning Board agenda materials for this request, please provide your email address: E-mail address: I OBJECT to the requested vacation of property: Name: Mailing Address: Reason for Objection: If you would like to receive a copy of the Planning and Zoning Board agenda materials for this request, please provide your email address: E-mail address: Please return to: City of Cody, Attention: Community Development PO Box 2200 Cody, WY 82414 ---PAGE BREAK--- LEGAL NOTICE TEMPLATE Publish Date: PUBLIC HEARING VACATION OF PROPERTY REQUEST The City of Cody will hold a public hearing on at or as soon thereafter as practical at (Date) (Time) 1338 Rumsey Avenue, in Cody City Council Chambers to consider a request from (Applicant Name) for a vacation of property located at (Address & Legal Description) Insert map depicting location of property to be vacated. Information regarding the requested vacation of property is available from the Community Development Department in City Hall or by calling [PHONE REDACTED]. Written comments shall be directed to the Administrative Services Director, PO Box 2200, Cody, WY 82414 and must be received prior to the date and time of the public hearing.