VACATION OF ALLEYS, STREETS AND PLATS

Kansas City Zoning and Development Code pt. 500 Series, div. 88-560

in effect

Kansas City Zoning and Development Code § 88-560-01 INTENT

88-560-01 - INTENT The Council may approve a vacation of all or a portion of any right-of-way or plat only when it determines that no private rights will be unreasonably injured or endangered by the vacation and the public will suffer no unreasonable loss or inconvenience thereby. (Ord. No. 170911, § B, 1-18-2018)

Kansas City Zoning and Development Code § 88-560-02 POWER TO VACATE STREETS AND PUBLIC PLACES

88-560-02 - POWER TO VACATE STREETS AND PUBLIC PLACES The city shall have exclusive control of all its right-of-ways and shall have exclusive power to vacate or abandon right-of-ways or any part thereof, and to vacate any platted addition or subdivision of land or part thereof with the corporate boundaries of the city; provided, that no such vacation or abandonment shall take place except by ordinance; and provided further, that no such ordinance shall be passed or take effect unless and until the recommendation of the city plan commission, approving or disapproving such ordinance, shall have been given to the council. (Ord. No. 170911, § B, 1-18-2018)

Kansas City Zoning and Development Code § 88-560-03 AUTHORITY TO FILE

88-560-03 - AUTHORITY TO FILE Any person or corporation owning any property fronting or abutting on any right-of-way, or part thereof, proposed to be vacated, may petition the Council. The owner(s) of any lot in any platted subdivision within the corporate boundaries of the city may petition the council for vacation of the said platted addition or subdivision or any part thereof. (Ord. No. 170911, § B, 1-18-2018)

Kansas City Zoning and Development Code § 88-560-04 PRE APPLICATION CONSULTATION

88-560-04 - PRE APPLICATION CONSULTATION A preapplication consultation is required in accordance with 88-505-02 prior to filing an application for vacation of any right-of-way, or part thereof, and for vacation of any platted addition or subdivision of land, or part thereof. (Ord. No. 170911, § B, 1-18-2018)

Kansas City Zoning and Development Code § 88-560-05 APPLICATION FILING

88-560-05 - APPLICATION FILING A complete application for vacation of right-of-way or plat must be filed with the city planning and development department. An application for vacation of right-of-way or plat must be accompanied by a legal description prepared by a licensed surveyor, unless otherwise waived by the director of city planning and development, describing the right-of-way, or any part thereof, or platted addition or subdivision of land, or part thereof, proposed to be vacated; a written description of why the vacation is being requested; a plan showing future development, if applicable; and a map portraying the right-of-way, or any part thereof, or platted addition or subdivision of land, or part thereof, proposed to be vacated. (Ord. No. 170911, § B, 1-18-2018)

Kansas City Zoning and Development Code § 88-560-06 PETITION, CONSENT AND UTILITY COMMENT

88-560-06 - PETITION, CONSENT AND UTILITY COMMENT Within 14 days after a complete application for vacation of streets, alleys and plats is filed the applicant will be supplied with petition, consent and utility comment forms. 88-560-06-A. Petition to Vacate 1. The applicant must give the names of the persons or corporations owning property fronting or abutting on that part of the right-of-way, or part thereof, proposed to be vacated, or of the legal owners of all lots contained in such addition or subdivision, or part thereof, proposed to be vacated. Such petition shall be verified by affidavit. 2. No petition is required for any city-initiated vacation of any unimproved right-of-way which is not part of the major street plan and which does not provide the only physical access to any property or for any realigned right-of-way. 88-560-06-B. Consent to Vacate 1. The applicant shall provide the consent, in writing, of the persons or corporations owning three-quarters of the front feet of the property fronting on that right-of-way proposed to be vacated, acknowledged as deeds conveying real estate in this state are required to be acknowledged in order to entitle them to be recorded. The applicant shall provide the consent, in writing, of the legal owners of all lots contained in such addition or subdivision so proposed to be vacated, acknowledged as deeds conveying real estate in this state are required to be acknowledged in order to entitle them to be recorded. 2. No consent is required for any city-initiated vacation of any unimproved right-of-way which is not part of the major street plan and which does not provide the only physical access to any property or for any realigned right-of-way. 88-560-06-C. Utility Comment 1. The applicant shall provide completed utility comment forms of all utility companies given the right to locate utilities in city right-of-way. 2. Any condition provided by the utility companies may be included as a condition of vacation. In no case shall a utility company's comments prevent the city from vacating public right-of-way. 3. No utility comment is required for any city-initiated vacation of any unimproved right-of-way which is not part of the major street plan and which does not provide the only physical access to any property or for any realigned right-of-way. (Ord. No. 170911, § B, 1-18-2018)

Kansas City Zoning and Development Code § 88-560-07 NOTICE OF HEARING

88-560-07 - NOTICE OF HEARING 88-560-07-A. Notice of the city plan commission hearing shall be mailed by United States mail, first class, to any property owner within the subject site and within 185 feet of the subject site. The notice shall be mailed not less than 13 days before the date set for such hearing. The names of property owners shall be determined as the owners of records according to the records of the city. 88-560-07-B. For city initiated vacations of any unimproved right-of-way which is not part of the major street plan and which does not provide physical access to any property, the department requesting the vacation shall provide notice of the request, by mail, to each adjoining property owner and any registered neighborhood organization and/or registered civic organization, the boundaries of which include the right-of-way to be vacated, at least 13 days prior to any city council committee hearing on the vacation ordinance. (Ord. No. 170911, § B, 1-18-2018)

Kansas City Zoning and Development Code § 88-560-08 CITY PLAN COMMISSION

88-560-08 - CITY PLAN COMMISSION 88-560-08-A. Any city-initiated vacation of any unimproved right-of-way which is not part of the major street plan and which does not provide physical access to any property will not require a hearing or recommendation of the commission. 88-560-08-B. For all other applications, the city plan commission must review the vacation and determine if the proposed vacation is in the public interest and that no private rights will be unreasonably injured or endangered and the public will suffer no unreasonable loss or inconvenience thereby. The city plan commission shall recommend that the vacation be approved, approved with conditions, disapproved or forwarded without recommendation. (Ord. No. 170911, § B, 1-18-2018)

Kansas City Zoning and Development Code § 88-560-09 REVIEW AND ACTION—CITY COUNCIL

88-560-09 - REVIEW AND ACTION—CITY COUNCIL 88-560-09-A. Within six months of the date of city plan commission's recommendation, the vacation must be submitted to the city council. Failure to submit the vacation within this six month period will cause the city plan commission's recommendation to lapse and be of no further effect. In this event, resubmission to the city plan commission will be required before the vacation may be submitted to city council. The city plan commission may extend this period by no more than six months. 88-560-09-B. Following action by the city plan commission, the city council must review the vacation and the recommendations of staff and city plan commission, and determine if the proposed vacation is in the public interest, and that no private rights will be unreasonably injured or endangered and the public will suffer no unreasonable loss or inconvenience thereby. No ordinance vacating any right-of-way or platted addition or subdivision, or part thereof, shall be passed except by at least a two-thirds affirmative vote of the full authorized membership of the council. 88-560-09-C. An ordinance approving a final plat may simultaneously vacate rights-of-way for which all abutting properties are located within the plat, and where the city council shall have previously approved a preliminary plat or plan requiring such vacation. Such ordinances must be approved by a two-thirds affirmative vote of the full authorized membership of the council and no notice and/or advertisement beyond that required of final plats is needed. (Ord. No. 170911, § B, 1-18-2018)

Kansas City Zoning and Development Code § 88-560-10 APPROVAL CRITERIA FOR VACATIONS

88-560-10 - APPROVAL CRITERIA FOR VACATIONS In order to determine that no private rights will be unreasonably injured or endangered by the vacation and the public will suffer no unreasonable loss or inconvenience, the city planning and development director, city plan commission, and city council must consider at least the following factors: 88-560-10-A. All property owners adjacent to the right-of-way shall have legal access to another public right-of-way. Such access shall be physically feasible and shall not result in an unreasonable burden or unsafe conditions on the alternate right-of-way. 88-560-10-B. The retention of the public right-of-way or subdivision serves no current purposes and no future useful public purpose is anticipated. 88-560-10-C. The vacation will not result in a violation of 88-405. 88-560-10-D. The vacation shall not disrupt the constructed street network or reduce existing physical connectivity. 88-560-10-E. The vacation shall not result in a dead-end street or alley. 88-560-10-F. The vacation shall not result in street traffic being routed through an alley. 88-560-10-G. The vacation shall not vacate half the width of a street or alley. 88-560-10-H. The right-of-way to be vacated is not on the Major Street Plan. (Ord. No. 170911, § B, 1-18-2018)

Kansas City Zoning and Development Code § 88-560-11 PREREQUISITES TO RECORDING A VACATION

88-560-11 - PREREQUISITES TO RECORDING A VACATION Prior to recording a vacation, the developer must install all required public improvements or post a financial guarantee of performance in a form established by the city. (Ord. No. 170911, § B, 1-18-2018)

Kansas City Zoning and Development Code § 88-560-12 EXPIRATION OF APPLICATION

88-560-12 - EXPIRATION OF APPLICATION The applicant must file completed petition forms, consent forms and utility comment sheets with the city planning and development department within one year of submitting the initial application. (Ord. No. 170911, § B, 1-18-2018)

Source: City of Kansas City, Missouri, Code of Ordinances, Charter and Zoning and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/mo/kansas_city/codes/zoning_and_development_code?nodeId=ZODECOKAMI_500_SERIESREAPPR_88-560VAALSTPLFetched: 10/28/2026