Full Text
ORDINANCE NO. 2015-03 AN ORDINANCE TO AMEND TITLE 11, CHAPTER 6 OF THE CITY OF CODY CODE PERTAINING TO BOUNDARY LINE ADJUSTMENTS AND TO INCLUDE A NEW ARTICLE THEREIN CALLED “LOT CONSOLIDATIONS”. WHEREAS, on March 24, 2015, the City of Cody Planning, Zoning, and Adjustment Board held a public hearing pertaining to a proposal to amend the Boundary Line Adjustment section of the City of Cody code and include a new section therein pertaining to Lot Consolidations; WHEREAS, the Planning, Zoning, and Adjustment Board made a recommendation that the proposed amendments be adopted, which recommendation the governing body has received and fully considered; and, WHEREAS, after considering all public comments, the governing body has determined that it is in the public interest to adopt an ordinance to amend Title 11, Chapter 6 to amend the provisions for Boundary Line Adjustments and include a new section pertaining to Lot Consolidations. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING: SECTION 1: Title 11, Chapter 6 is hereby amended to read as follows: CHAPTER 6 BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS ARTICLE A. BOUNDARY LINE ADJUSTMENTS 11-6A-1: APPLICATION REQUIRED: Boundary line adjustments, as defined in section 11-1-3 of this title, shall require application to and review by the city, as set forth herein. Application for a boundary line adjustment shall be made on a form provided by the city, which form shall include the name and address of the applicant and property owner(s), the existing legal descriptions of the properties involved, and the reason for the boundary line adjustment. A draft of the deed(s) that will be used to effectuate the property transfer(s) and a draft record of survey must accompany the application. The application must be accompanied by the payment of an application fee as set by the city council. 11-6A-2: BOUNDARY LINE ADJUSTMENT REQUIREMENTS: A. Property Survey: Boundary line adjustments require a property survey prepared by a licensed land surveyor that shows all easements, buildings, utilities, property encroachments, curb cuts and pertinent right of way improvements. The property survey shall contain a title of "Boundary Line Adjustment Record of Survey", and necessary approval blocks and signature lines, including the surveyor’s certificate, the owner’s certificate(s) with a notary block, a certificate for approval by the city planner, and a County clerk and recorder acceptance. A draft of the record of survey document shall be submitted with the application. If the property owner is a corporation or LLC, they shall provide a resolution or other evidence of signatory authority to execute the documents. B. Boundaries Identified: The boundary line adjustment record of survey shall identify the exterior boundaries of all properties involved in the boundary line adjustment, show the new interior property line(s), and clearly indicate the property being ---PAGE BREAK--- transferred and merged into the receiving parcel. Legal descriptions of the adjusted parcels shall be provided on the survey, and survey markers set to delineate the parcel boundaries. C. Binding Covenant: The boundary line adjustment record of survey and the property conveyance document shall contain a binding covenant that the land being conveyed is for the sole purpose of conducting a boundary line adjustment and is not to be sold or transferred as a separate parcel by the grantee, heirs and assigns. 11-6A-3: BOUNDARY LINE ADJUSTMENT APPROVAL/RECORDING: A. Approval Criteria The city planner shall authorize the boundary line adjustment application if it meets the requirements of this article. The parcels to be adjusted must share a common boundary for more than a single point, and not otherwise be separated by a public right-of-way or alley. The adjustment is not for the purpose of evading the development standards of the zoning or subdivision code. The adjustment will not result in a violation of any land use, subdivision, development, or design standards set forth in the City of Cody code. As applicable, proper easements are established for utility services and access. The adjustment does not attempt to vacate or abandon any easement or right-of- way of record. All property taxes on the parcels are current (not past due). As applicable, the adjustment is consistent with the terms and conditions of any previously approved development plan that is still in effect. If the application is denied, the city planner shall issue said decision in writing, stating the reason(s) therefore. The applicant may file an appeal of the written decision to the planning, zoning and adjustment board pursuant to City of Cody Code 10-4-3, within 10 business days of the decision. B. Recording Within 90 days of the boundary line adjustment authorization, as evidenced by the signature of the city planner on the survey, the completed survey and the deed(s) for the property transfer(s) shall be recorded with the county clerk. After recording, a copy of the recorded survey and deed(s) shall be provided to the City. If these documents are not recorded within 90 days, the authorization shall automatically become null and void. C. Financing The City boundary line adjustment authorization process does not include a review of financial interests in the properties. Modifications to financing such as mortgage releases and loan modifications may be needed to maintain compliance with lender requirements. It is the responsibility of the property owner to ensure that any financing companies are notified of the boundary line adjustment and that their requirements are met. ARTICLE B. LOT CONSOLIDATIONS 11-6B-1 PURPOSE The lot consolidation process is for the purpose of combining two or more parcels of land into a single parcel. Adjacent parcels that have been consolidated pursuant to this Article shall be treated as a single lot for building code, zoning code, and property transfer purposes. The lot consolidation process is not to be used in cases where a plat vacation or plat alteration process is appropriate, such as when easements or rights-of-way are to be altered or vacated. 11-6B-2 APPLICATION AND REVIEW CRITERIA ---PAGE BREAK--- A. Persons desiring to consolidate parcels pursuant to this Article shall submit an application to the City Community Development Department. The application shall establish whether the following requirements are met. 1. The parcels to be consolidated must share a common boundary for more than a single point, and not otherwise be separated by a public right-of-way or alley. 2. The parcels must be under identical, common ownership and financing, if any. The applicant is to supply copies of all current deeds and financing documents to demonstrate such with the application. 3. The consolidation is not for the purpose of evading the development standards of the zoning or subdivision code. 4. The consolidation will not result in a violation of any zoning, subdivision, development, or design standards set forth in the City of Cody code. 5. As applicable, the consolidation is consistent with the terms and conditions of any previously approved development plan that is still in effect. 6. An accurate legal description must be provided. If the lot consolidation involves unplatted parcels (e.g. metes and bounds descriptions) the applicant shall have a surveyor prepare a legal description of the consolidated parcel. If the parcels are unplatted and the existing legal descriptions are not fully coordinated (e.g. use different basis of bearings) a record of survey map shall be prepared by a licensed surveyor to establish the legal description and property boundary for the consolidated parcel. If the lots are all platted lots within a legal subdivision, the consolidated legal description will simply be a list of the lots. 7. Property taxes on all parcels must be current (not past due). 8. Any outstanding lot assessments from an improvement district or special taxing district must be paid in full prior to filing the lot consolidation declaration. B. Lot consolidations that meet all of the above requirements shall be authorized by the city planner. If the requirements are not met, the application shall be amended to meet the requirements or be denied. If the application is denied, the city planner shall issue said decision in writing, stating the reason(s) therefore. The applicant may file an appeal of the written decision to the planning, zoning and adjustment board pursuant to City of Cody Code 10-4-3, within 10 business days of the decision. 11-6B-3 APPROVAL AND RECORDING A. When a lot consolidation is authorized in accordance with this Article, the property owner shall execute a Lot Consolidation Declaration and file the declaration with the county clerk. If the property owner is a corporation or LLC, they shall provide a resolution or other evidence of signatory authority to execute the property transfer. The form shall be in substantially the following format: Lot Consolidation Declaration This declaration is made this day of (Month, Year), by (Property owner), hereinafter referred to as “declarant”. Recitals: 1. Declarant is the owner of that certain real property located within the City of Cody, Park County, Wyoming, described as follows: (Legal Descriptions of parcels) 2. Declarant desires to consolidate the above referenced parcels into a single consolidated parcel pursuant to City of Cody code. 3. By executing this document, the declarant hereby consolidates said parcels into a single consolidated parcel, which consolidated parcel is to be treated as a single lot or parcel for building code, zoning code, and property transfer purposes. 4. Once this form is executed, no portion of the consolidated parcel shall be individually conveyed or transferred without obtaining subdivision authorization from the City of Cody pursuant to the subdivision requirements in the City of Cody ordinances. ---PAGE BREAK--- 5. The declarant and City of Cody are parties to this declaration, which declaration is binding on the owner, heirs, and devisees of said property. Now therefore, the following real property is hereby consolidated into a single parcel/lot, as described herein. (Consolidated Legal Description) (Signature block) (Notary block) B. Within 30 days of the City authorization of the lot consolidation, the lot consolidation declaration, and record of survey if any, shall be recorded with the county clerk, or the authorization shall automatically become null and void. A copy of the recorded document shall be provided to the City. SECTION 2: EFFECTIVE DATE. That this Ordinance shall become effective after final passage and publication in the Cody Enterprise as required by law. SECTION 3: SEVERABILITY. Should any portion of this ordinance be found for any reason to be unconstitutional, unlawful or otherwise void or unenforceable, the balance of the ordinance shall be severable therefrom, and shall survive such declaration, remaining in full force and effect. PASSED ON FIRST READING: APRIL 7, 2015 PASSED ON SECOND READING: APRIL 21, 2015 PASSED ON THIRD READING: MAY 5, 2015____ Nancy Tia Brown, Mayor Attest: Baker Administrative Services Director