VACATION APPLICATION Type IV

Transcription

1 P L A N N I N G D E P A R T M E N T VACATION APPLICATION Type IV Vacatin f Public Right-f-Way Vacatin f Subdivisin Plat 1. APPLICANT INFORMATION (If a crpratin, list all principals) Name Cmpany Address City State Zip Cde Telephne (Primary) (Secndary) 2. AGENT INFORMATION (Owner s cnsent required) Name Cmpany Address City State Zip Cde Telephne (Primary) (Secndary) 3. OWNER/CONTRACT PURCHASER OF RECORD Name Cmpany Address City State Zip Cde Telephne (Primary) (Secndary) Lausmann Annex 200 Suth Ivy Street Medfrd OR Phne (541) fax (541)

2 Type IV 4. PROJECT DESCRIPTION Include a general descriptin f the area t be vacated, and the bjective f the prject: 5. REQUIRED SUBMITTALS Applicatin Frm (signed) Vicinity Map t scale per Sectin (E) Legal Descriptin f area t be vacated ed r n a CD, in Micrsft Wrd Frmat Assessr s Map f area t be vacated Shwing abutting and affected prperties Mailing Label Example: 372W19DB Tax Lt 3700 Jane and Jhn Jnes 000 Delta Waters Rad Medfrd, OR Identifying the parcels fr which cnsents t vacate have been acquired (if nt initiating by letter t City Cuncil) Findings f Fact (page 4) Typed Mailing Labels fr each prperty wner within 200-feet f the site Check with Planning Department, ntice varies with type f vacatin Written Cnsent f Owner (if applicable) (page 6) One f the Fllwing: If initiated by petitin: Cmpleted & signed cnsent frms fr the required abutting and/r affect prperty wners Fee: If initiated by City Cuncil, a letter t the City Cuncil requesting initiatin f the vacatin Vacatin f Right-f Way $3,413 $ Publicatin and Recrding f Vacatin f Right-f-Way $990 $ Vacatin f Subdivisin Plat $970 $ TOTAL Fees are due at time f prject submittal. Checks shall be made payable t City f Medfrd. $ 07/09/18 Page 2 f 7

3 6. I HEREBY STATE THAT THE FACTS RELATED IN THE ABOVE APPLICATION AND THE PLANS AND DOCUMENTS SUBMITTED HEREWITH ARE COMPLETE, TRUE, CORRECT, AND ACCURATE TO THE BEST OF MY KNOWLEDGE. Signature Date Applicant Agent Owner If any wetlands exist n the site, it is the applicant s respnsibility t apply fr a permit t the Divisin f State Lands and Army Crps f Engineers befre any site wrk begins. 0 7 / 0 9 / 1 8 P a g e 3 f 7

4 WHAT ARE VACATIONS? Vacatins f public right-f-ways are a means f returning unneeded public streets and alleys t adjacent private prperty wners. Plat vacatins and public utility easement (PUE) vacatins are a means f remving unnecessary easements r plat designatins frm a parcel f land. There are tw ways a vacatin can be initiated: 1) by citizen petitin (applicant submitted cnsents), r 2) by the City Cuncil. If the vacatin is t be initiated by City Cuncil, the applicant writes a letter t the City Cuncil requesting the initiatin. After initiating the vacatin, the request ges t the Planning Cmmissin fr review and recmmendatin. The City Cuncil then takes the final actin, either apprving r denying the vacatin request. If the vacatin is initiated by petitin, the request ges directly t the Planning Cmmissin fr review and recmmendatin, and then t City Cuncil fr final actin. In bth cases, an applicatin with the required submittals and an applicatin fee must accmpany the request. VACATION APPLICATION, SECTION (B) A request t vacate a public street, alley, easement, plat, r public place shall, in additin t the requirements cntained herein, be subject t ORS Chapter 271 APPROVAL CRITERIA, SECTION (D) A request t vacate shall nly be apprved by City Cuncil when the fllwing criteria have been met: (1) Cmpliance with the Public Facilities Element f the Cmprehensive Plan, including the Transprtatin System Plan. (2) If initiated by petitin under ORS , the findings required by ORS (3) If initiated by the Cuncil, the applicable criteria fund in ORS FINDINGS OF FACT, SECTION (E) (6) Fr the City Cuncil t apprve a vacatin, they must find that certain requirements and criteria are met. It is the respnsibility f the applicant t prvide the Cuncil with a statement f facts that will lead them t cnclude that these requirements and criteria are met. Such a statement is called the Findings f Fact. In rder t apprve a vacatin, the City Cuncil must determine the fllwing: 1. That the vacatin cmplies with the Public Facilities Element f the Cmprehensive Plan, including the Transprtatin System Plan. Cpies f the Cmprehensive Plan s Gals and Plicies are available in the Planning Department. The applicant shuld review the gals and plicies and cmment n all that apply t the vacatin. As a part f this analysis, the applicant must determine if the area t be vacated is a necessary part f the arterial street plan r an adpted neighbrhd circulatin plan, r if it will reduce the existing right-f-way t a width that is unusable. ~ and either item 2 r item 3 belw ~ 0 7 / 0 9 / 1 8 P a g e 4 f 7

5 2. If initiated by petitin under ORS per ORS , the City Cuncil must determine the fllwing: a. Fr a plat vacatin r part theref: that tw-thirds f the affected prperty wners cnsent in writing. Affected prperty wners are all wners f prperty embraced within the plat r part theref. Fr a street r alley vacatin: that 100 percent f the abutting prperty wners and tw-thirds f the affected prperty wners cnsent in writing. Affected prperty wners are wners f all land lying n either side f the street r alley prpsed t be vacated and extending laterally t the next street that serves as a parallel street, but nt t exceed 200 feet, and all prperty within 400 feet f the terminus f the part f the street r alley t be vacated. It is the applicant s respnsibility t btain and submit all necessary cnsents. The cnsent frms are available frm the Planning Department, and they must be ntarized. b. That the required ntice has been given. The Planning Department will make sure that the required ntice is sent in a timely manner. It is the applicant s respnsibility t supply the Planning Department with a list f the affected and abutting prperty wners, and a typed mailing label fr each. It is imprtant t be very thrugh in supplying the list, as the appeal perid is unlimited fr anyne wh can prve that they were entitled t receive ntice and did nt. 3. If initiated by the City Cuncil under ORS , the City Cuncil must determine the fllwing: a. That mre than 50 percent f the affected prperty wners d nt bject in writing; and, b. That the vacatin will nt substantially affect the prperty value f any abutting prperty, r, if the vacatin will substantially affect the market value f any abutting prperty where the wner bjects, the City will prvide fr paying damages. In this case, it is, again, the respnsibility f the applicant t supply a list f affected prperty wners (see 2a abve) and mailing labels fr each. The Planning Department will mail the ntices in a timely manner. It is als suggested that the applicant include a statement with the findings f fact indicating hw the vacatin will benefit the public, if it was nt already stated in the letter t the City Cuncil requesting initiatin f the vacatin. 0 7 / 0 9 / 1 8 P a g e 5 f 7

6 WRITTEN CONSENT OF OWNER I,, the prperty wner f Tax Lt n Jacksn Cunty Assessr Map, hereby cnsent t the filing f an applicatin fr n said prperty, and will allw t represent me befre the City f Medfrd Apprving Authrity. I als give permissin t City f Medfrd staff t pst a public ntice f this prpsed land use actin n the tax lt nted abve. Signed: Dated: 0 7 / 0 9 / 1 8 P a g e 6 f 7

7 Type IV PLAN FOLDING INSTRUCTIONS 07/09/18 Page 7 f 7