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Legislation #: 170911 Introduction Date: 11/9/2017
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER LUCAS
Title: Amending Chapter 88, the Zoning and Development Code, and Chapter 75, Vacation of Streets, Alleys, Plats and Easements; creating a new Section 88-560, Vacation of Streets, Alleys and Plats, in order to move and revise portions of Chapter 75 into a new Section 88-560; moving the fee for vacation of alleys, streets and plats from Chapter 75 to Chapter 88; and creating a new Section 75-1, Release of easements; fees.

Legislation History
DateMinutesDescription
11/8/2017 Filed by the Clerk's office
11/9/2017 Referred to Planning, Zoning & Economic Development Committee
11/29/2017 Hold On Agenda (12/13/2017)
12/13/2017 Hold On Agenda (12/20/2017)
12/20/2017 Hold On Agenda (1/10/2018)
1/10/2018 Advance and Do Pass as a Committee Substitute, Debate
1/18/2018 Passed as Substituted

View Attachments
FileTypeSizeDescription
170911.pdf Authenticated 542K Authenticated
170911 Compared.pdf Compared Version 263K Compared Version
170911 Staff Report.pdf Staff Report 514K Staff Report
170911 Fact Sheet.pdf Fact Sheet 229K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170911

 

Amending Chapter 88, the Zoning and Development Code, and Chapter 75, Vacation of Streets, Alleys, Plats and Easements; creating a new Section 88-560, Vacation of Streets, Alleys and Plats, in order to move and revise portions of Chapter 75 into a new Section 88-560; moving the fee for vacation of alleys, streets and plats from Chapter 75 to Chapter 88; and creating a new Section 75-1, Release of easements; fees.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 75, Vacation of Streets, Alleys, Plats and Easements, is hereby amended by repealing Sections 75-1, 75-2, 75-3, 75-4, 75-5, 75-6, 75-7, 75-8, 75-9, and 75-10, changing the title to read “Chapter 75, Release of Easements”, and reenacting a new Section 75-1, to read as follows:

 

Chapter 75

RELEASE OF EASEMENTS

 

Sec. 75-1. - Release of easements; fees.

 

(a)    The city may release any city easement (other than for a street or public place) by ordinance or by such other procedure provided in this Code of Ordinances.

 

(b)   Any person filing an application for the release of all or part of an easement (other than a street or public place) within the city, shall pay a fee in the amount $116.00 per easement to the city at the time the application is filed to defray the cost incurred by the city development department for review and processing.

 

(c)    The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

Section B. That Chapter 88, Zoning and Development Code, is hereby amended by enacting a new Section 88-560, Vacation of alleys, streets and plats, to read as follows:

 

88-560 VACATION OF ALLEYS, STREETS AND PLATS

 

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.

 

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.

 

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.

 

88-560-04 PREAPPLICATION 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.

 

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.

 

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.

 

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.

 


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.

 

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.

 

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.

 

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.

 

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.

 

88-620-B.     APPLICATIONS TO THE CITY PLAN COMMISSION, THE BOARD OF ZONING ADJUSTMENT, AND ADMINISTRATIVE APPROVALS

Certain fees are hereby established for the filing of applications to the board of zoning adjustment and the city plan commission as follows:

1.    City plan commission

a.    For applications to rezone: $648.00

 

b.    Development plan:

1.      Residential: $648.00 plus $4.00 per dwelling unit, not to exceed $3,626.00

 

2.      Nonresidential: $648.00 plus $93.00 per acre or fraction thereof, not to exceed $3,626.00

 

               c.     Project plan:

1.   Residential: $259.00 plus $4.00 per dwelling unit

 

2.   Nonresidential: $259.00 plus $93.00 per acre or fraction thereof

 

d.     Major amendments

1.   Residential: $311.00 plus $4.00 per dwelling unit, not to exceed $1,295.00

               

2.   Nonresidential: $311.00 plus $93.00 per acre or fraction thereof, not to exceed $1,295.00

 

e.    Urban redevelopment district

1.    $648.00 plus $93.00 per acre or $4.00 per dwelling unit, whichever is greater, not to exceed $3,626.00

 

f.    Master plan development 

1.    $648.00 plus $93.00 per acre or $4.00 per dwelling unit, whichever is greater, not to exceed $3,626.00

 

g.     For approval of a council approved signage plan: $259.00

 

h.    For application for special review district: $440.00

 

i.    For text amendments: $518.00

 

j.     For land use plan amendments: $829.00

 

k.     For major street plan amendments: $414.00

 

l.    For applications for appeal from the decision of the director of city planning and development: $518.00

 

m.   For Neighborhood rezoning projects and Overlay Districts:

 

from 0-200 parcels / lots . . . . . . . . .   $2,590.00

from 201-500 parcels / lots . . . . . . .   $4,662.00

from 501+ parcels / lots . . . . . . . . .  $5,698.00

 

n. Vacation of alleys, streets, and plats: $290.00

 

o. For all other applications: $622.00

 

2.    Board of zoning adjustment

a.    For applications for variances involving the following uses:

1.    1 and 2 family dwelling and accessory uses: $259.00

 

2.    All other uses: $518.00

 

b.    For applications for appeal from the decision of the director of city planning and development: $518.00

 

c.     For applications for rehearing before the board of zoning adjustment: $207.00

 

d.   Certificates of legal nonconformance: For all applications for certificate of legal nonconformance, there shall be a charge of $130.00 for applications related to one- and two-family residences and $311.00 for all other applications. For all requests for approval of a change in use for an existing legal nonconforming use pursuant to 88-610 there shall be a charge of $52.00 for requests related to one- and two-family residences and $181.00 for all other requests.

 

e.   For applications for all other requests: $389.00

 

f.   For stay of enforcement: $414.00

 

g.  Special use permits

1.    Ambulance service: $855.00

 

2.    Bed & breakfast: $596.00

 

3.    Blood/plasma center: $829.00

 

4.    Car wash/cleaning service: $855.00

 

5.    Cemetery/columbarium/mausoleum: $855.00

 

6.    Check-cashing, short-term loan/title loan establishment: $1,502.00

  

7.    College/university: $855.00

 

8.    Community center: $389.00

 

9.   Community supported agriculture: $100.00

  

10.  Crematory: $855.00

 

11.  Day care (home & family): $596.00

  

12.  Day care (11-20 children) (group): $596.00

 

13.  Day care center (21+): $829.00

 

14.  Day labor employment agency: $829.00

 

15.  Demolition debris landfill: $1,502.00

 

16.  Detention and correctional facilities: $1,502.00

 

17.  Drive-thru facility: $855.00

 

18.  Entertainment and spectator sports: $855.00

 

19.  Entertainment: small venue (1-149 capacity): $466.00

  

20.  Entertainment: medium venue (150-499 capacity): $855.00

 

21.  Entertainment: large venue (500 + capacity): $1,502.00

  

22.  Entertainment: outdoor (all sizes): $1,502.00

 

23.  Financial services (except check-cashing and pawn shops): $829.00

 

24.  Gasoline and fuel Sales: $855.00

 

25.  Group living: $596.00

  

26.  Heavy equipment sales/rental: $855.00

 

27.  Historic landmark (reuse of officially designated historic landmark, local or national): $207.00

 

28.  Hospital: $855.00

 

29.  Hotel/motel: $855.00

 

30.  Household living: $855.00 

 

31.  Junk/Salvage yard: $1,502.00

 

32.  Library/Museum/Cultural Exhibit: $389.00

 

33.  Light equipment sales/rental (indoor): $855.00 

 

34.  Light equipment sales/rental (outdoor): $1,502.00

 

35.  Manufacturing, production, and industrial service – limited: $1,502.00

  

36.  Manufacturing, production, and industrial service – general: $1,502.00

 

37.  Mining and quarrying: $1,502.00

  

38.  Motor vehicle repair limited: $855.00

 

39.  Motor vehicle repair general: $855.00

 

40.  Neighborhood-serving retail: $855.00

 

41.  Nursing homes: $829.00

  

42.  Office, administrative, professional or general: $855.00

 

43.  Park/recreation: $466.00

  

44.  Parking, non-accessory: $855.00

 

45.  Pawn shops: $1,502.00

 

46.  Recreation vehicle park: $1,502.00

 

47.  Recycling service – limited: $1,502.00

 

48.  Recycling service – general: $1,502.00

 

49.  Religious assembly: $389.00

  

50.  Repair or laundry service, consumer: $855.00

 

51.  Residential storage warehouse: $855.00

  

52.  Safety service (except for police and fire stations): $855.00

 

53.  School: $389.00

 

54. Signs: $337.00

 

55. Solid waste separation facility: $1,502.00

 

56. Sports and recreation, participant (indoor): $855.00

  

57. Sports and recreation, participant (outdoor): $1,502.00

 

58. Stable: $829.00

 

59. Tavern or nightclub: $855.00

 

60. Transfer station: $1,502.00

 

61. Undertaking: $855.00

 

62. Utilities and services (except basic, minor): $855.00

  

63. Vehicle sales and service: $855.00

 

64. Vehicle storage/towing: $1,502.00

  

65. Warehousing, wholesaling, freight movement – indoor: $855.00

 

66. Warehousing, wholesaling, freight movement – outdoor: $1,502.00

 

67. Waste related use: $1,502.00

 

68. All other uses: $855.00

 

3.    Administrative fees

A.   Minor amendment to an approved development plan:

1.   Residential: $233.00 plus $4.00 per dwelling unit, not to exceed $648.00

 

2.   Nonresidential: $233.00 plus $93.00 per acre or fraction thereof, not to exceed $648.00

 

B.    Administrative adjustment: $259.00

 

C.   Administrative approval: $259.00

 

D.    For any request for continuance by the applicant: $130.00

 

4.    The city plan commission and the board of zoning adjustment shall have the authority to waive the fees set out in this subsection in the interests of justice.

 

5.    Transcripts on appeal to circuit court. Transcripts, necessary upon appeal to the circuit court, shall be furnished by the appellant. These may be obtained, upon payment of the current charge, from the reporting service employed by the board of zoning adjustment to take testimony given at the public hearing. The board may waive the transcription costs where it is determined that the appellant is unable to pay the costs. The cost of the transcript will be refunded to the appellant if the appellate court orders such refund upon judgment.

 

6.    The city manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs of the services being provided. If the costs in processing the applications fall below the fees being charged, the fees shall be reduced so that they are equal to or less than the costs of processing the applications. The adjustments shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

.

_____________________________________________

 

I hereby certify that as required by Chapter 88, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Sarah Baxter

Assistant City Attorney