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HomeMy WebLinkAboutForm 7 - Vacation.pdfppdadm/apps/P&Z Form7-vacation.indd FOR STAFF USE: Date submitted .............................................................................................. Case # .............................................................................................................. $.............................. fee paid on ..........................................................(date) Application received by ............................................................................... Copy to Applicant Copy to PCD Original to City Clerk Applicant Information Applicant Name ............................................................................................................... Address .......................................................................................................... .................................................................................. ZIP ................................ Phone .......................................... email........................................................ Contact Person (if other than Applicant) Name ................................................................................................................ Address ............................................................................................................ .................................................................................. ZIP ................................. Phone ........................................... email ....................................................... The City has a Good Neighbor Policy that encourages applicants to meet with neighbors prior to submitting an application. Copies of the policy are attached to this application form or are available from the Department of Planning and Community Development. Please check one of the following:  Applicant plans to use the Good Neighbor Policy  Applicant chooses not to use the Good Neighbor Policy Description of the area to be vacated ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... Form 7: Application for Vacation City of Iowa City Planning & Zoning Commission, (319) 356-5230  www.ICgov.org / PCD Reason for seeking a vacation (attach additional pages if necessary) ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ Application Requirements Checklist Please attach the following items. Additional materials may be required during the review process. Failure to submit complete application materials may result in delays in processing, so please use the following checklist to confirm that your application is complete. 1.  Location map of the area requested for vacation 2.  Legal description of the property (if more than 25 words, deliver or email electronic version to PlanningZoning@iowa-city.org) 3.  Application fee Return Completed Form To: City Clerk, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 GENERAL INFORMATION ON PURCHASING VACATED RIGHT-OF-WAY In conjunction with submitting an Application for Vacation, many adjacent property owners often desire to purchase the vacated right-of-way. This memo provides general information regarding the procedure you must follow to make such a purchase and the factors the City Council considers when determining whether to accept your purchase offer and convey the vacated property to you. In order for the City Council to consider conveying the vacated right-of-way to you, you must first submit a purchase offer to the City Attorney’s office. This purchase offer is in addition to the Application for Vacation and will be considered separately. Once the City Attorney’s office has received your offer, the City Council will consider a “Resolution of Intent to Convey” the vacated right-of-way. A public hearing on the offer and resolution will be set, ideally on a date that coincides with the Council’s final reading of the proposed ordinance to vacate the property. If, after public hearing, the Council agrees that your offer reflects fair market value and the conveyance is in the public interest, it may pass a “Resolution Authorizing Conveyance.” All of these steps are necessary for the City to pass clear title of the former right-of-way to a private party. It is important to recognize that the City holds property “in trust” for the use and benefit of the public, and thus, City property can be disposed of only in accordance with the public interest. As “trustee” of public property, the City Council must dispose of such property in good faith, upon adequate consideration, and upon reasonable and lawful terms. Generally, “adequate consideration” has meant the City must obtain fair market value for the property to be conveyed, assuming the transaction does not entail other public benefit. Determining “adequate consideration” or fair market value for parcels of public property, particularly former right-of-way property, can be difficult. The City Council considers the specific facts of each situation when determining the appropriate payment for conveyance of such property. In past conveyances, the amount of consideration has been based on the assessed value of neighboring property or recent sales of neighboring or comparable property (on a price per square foot basis). Although an appraisal is not necessary, when one is available, appraised value of neighboring property can also serve as a basis for determining the appropriate consideration. The existence of easements which limit the buildable area or use of the property may support a lower valuation. These figures of course do not take into account any “public benefit” or other unique circumstances you may believe exist in relationship to your proposal to acquire the parcel from the City. Please take all of these factors into consideration when submitting your offer, as prospective purchasers are often asked to explain how their offer was arrived at and how this relates to the fair market value of the property. For more information on making an offer to purchase a vacated right-of-way, please contact Assistant City Attorney Sara Greenwood Hektoen at (319)356-5030 or sara-hektoen@iowa- city.org. 2016 FEES FOR REVIEW OF APPLICATIONS City of Iowa City Planning & Zoning Commission and Board of Adjustment TYPE FEE Subdivision Preliminary (Minor) $725 Preliminary (Major) $725 + $20 per lot Final $725 Combination: Preliminary/Final $795 + $20 per lot Planned Area Development (OPD) Preliminary $725 + $20 per lot Final administrative review $265 Submit to Development Services – 2nd Floor City Hall Combination: OPD and Subdivision Preliminary $725 + $20 per lot Final $725 Combination: Preliminary/Final $795 + $20 per lot Rezoning $500 Comprehensive Plan Amendment $500 Voluntary Annexation $500 Street or Alley Vacation $200 Variance $425 Special Exception $425 Other BOA actions $425 Combination BOA actions $495 Submit completed form(s) and payment to City Clerk, 410 E Washington Street. *These fees will be updated in February 2017 to reflect changes in the rate of inflation. CITY OF IOWA CITY Planning and Zoning Commission 2016 Application Deadline * Due to holiday. Submit Application by Noon to: City Clerk’s Office, City Hall, 410 E. Washington Street, Iowa City Meeting time and location Planning and Zoning formal meetings are scheduled for the first and third Thursday of every month at 7 p.m. in Emma Harvat Hall, City Hall, 410 East Washington Street. (If needed, Planning and Zoning informal meetings are held at 5:15 p.m. on the Monday preceding each formal meeting.) Attendees are advised to check the meeting agenda at www.icgov.org/p&z or contact the Department of Development Services at 319-356-5230 for any possible changes. For more information contact Bob Miklo at 319-356-5240 or bob-miklo@iowa-city.org. APPLICATION DEADLINE FORMAL MEETING December 17 January 7 December 31 January 21 January 14 February 4 January 28 February 18 February 11 March 3 February 25 March 17 March 17 April 7 March 31 April 21 April 14 May 5 April 28 May 19 May 12 June 2 May 26 June 16 June 16 July 7 June 30 July 21 July 14 August 4 July 28 August 18 August 11 September 1 August 25 September 15 September 15 October 6 September 29 October 20 October 13 November 3 October 27 November 17 November 10 December 1 November 23 * December 15 December 15 January 5 December 29 January 19 City of Iowa City Neighborhood and Development Services The Office of Neighborhood Outreach is available to assist with the Good Neighbor Program by arranging meeting rooms, providing sample meeting notices, notifying neighborhood association contacts, and other information and advice. Contact Marcia Bollinger, Neighborhood Outreach Coordinator Phone: 319-356-5237 E-mail: Marcia-Bollinger@iowa-city.org Good Neighbor meetings are NOT required as part of the review process in Iowa City but they are strongly encouraged in most instances. If you state that you will or have participated in the program, the following steps must be followed by the applicant: ⃝Meeting facilities located as close to the subject property and neighbors as possible. The Neighborhood Outreach Coordinator can make suggestions and final arrangements in most cases. ⃝Good Neighbor meeting notice reviewed by City staff prior to distribution. The Neighborhood Outreach Coordinator will ensure that it is reviewed/approved and be responsible for sending it on to representatives of impacted neighborhood associations for their distribution. ⃝Meeting notice sent by applicant to all property owners within 300’ of the subject property by applicant and sent out not less than 7 days prior to Good Neighbor meeting date. ⃝Good Neighbor Meeting occurs no less than 7 days prior to the scheduled board/commission meeting to enable adequate time to provide input. ⃝Good Neighbor meeting attended by a City staff representative if necessary. Staff will be available as a resource to respond to questions related to process, schedule, and zoning, etc. Staff can be arranged by the Neighborhood Outreach Coordinator. ⃝Summary Report for Good Neighbor Meeting completed by applicant and submitted prior to board/commission review. A fill-in form of the Summary Report is available at www.icgov.org/goodneighbor. Neighborhood and Development Services 410 E. Washington Street Iowa City, IA 52240 Phone: 319-356-5230 Fax: 319-356-5217 Good Neighbor Program www.icgov.org/goodneighbor History and Background Iowa City’s Good Neighbor Program is part of an effort to make the development process run more smoothly between property owners and developers who seek zoning and related changes, and the neighborhoods that may be affected by those changes. The Good Neighbor Program is not a requirement, but rather a recommended approach that encourages proactive dialogue between property owners, developers, and neighbors that may help identify and resolve issues before the project is reviewed by the Planning and Zoning Commission or the Board of Adjustment. For minor projects, such as a yard setback reduction, the approach may be as simple as knocking on neighbors’ doors to discuss the proposed project with them. For a rezoning or subdivision, it may be appropriate to hold a neighborhood meeting or open house to present the project and invite questions and comments from your neighbors. While the Good Neighbor Program does not guarantee specific outcomes, answering neighbors’ questions and hearing their concerns or suggestions may provide the opportunity to developers/applicants to address concerns or objections before the project is reviewed in a public forum. This can minimize controversy and delays when a project is reviewed by the Board of Adjustment, Planning and Zoning Commission, or the City Council. Helpful Tips for a Good Neighbor Meeting What information can you provide that neighbors will find useful? • Background information including a description of your project and the public process it must go through. • Site plans, elevations, models, aerial photos, drawings, etc. This will help them visualize the changes you wish to make. • Information or other resources that discuss the zoning or land development process. The Neighborhood Outreach Coordinator can provide you with this information or is available at www.icgov.org/goodneighbor View it from their perspective: How will neighbors see your project? • Put yourself in the place of the people who surround your property. Will they view your project as an enhancement or unexpected change? • How might your project impact traffic or pedestrian safety in the area? • Does your project enhance or complement existing neighborhood character or does it contrast with what surrounds it? • Will your project alter the natural landscape, impact views, etc.? • Might your project reduce the sense of privacy for a neighboring property owner? Ways to respond to concerns • Listen and be respectful—give people the chance to be heard. • Focus on identifying problems. This meeting is a chance for you to gather input that may be useful to you in getting your project through the review process. The issues that your neighbors raise are often the same issues that may be raised by the Planning and Zoning Commission or the Board of Adjustment. • Be open to options that could be reasonable or affordable ways to alleviate or address problems. • Resolving problems at the meeting is not necessary, but it may be helpful to identify areas where there is some flexibility in your plans. • Know that you won’t necessarily be able to please everyone, but that you are providing an opportunity for dialogue. The neighbors will appreciate your effort and the opportunity to share their views.