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Grain Valley City Zoning Code

SECTION 400

510 Consideration Of Vacation Of Right-Of-Way.

[R.O. 1996 § 400.510; Ord. No. 2480, 10-28-2019]
A. 
Public Hearing Required.
1. 
The Planning and Zoning Commission shall hold a public hearing to consider the completed application to vacate right-of-way. Notice of the public hearing shall be given:
a. 
By publication in an official paper or a paper of general circulation in the City; and
b. 
Mailed by United States Mail, first class, to property owners within one hundred eighty-five (185) feet of the right-of-way to be vacated, at least fifteen (15) days prior to the day of the public hearing.
2. 
The public hearing notice shall contain the date, time, place, and general description of the purpose of the hearing.
B. 
Planning And Zoning Commission Hearing. The Planning and Zoning Commission shall hold a public hearing to review the completed application and consider all relevant testimony. The Planning and Zoning Commission shall 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. Upon conclusion of the public hearing, the Planning and Zoning Commission shall recommend that the vacation be approved, approved with conditions, disapproved or forwarded to the Board of Aldermen without recommendation.
C. 
Review and Action by the Board of Aldermen.
1. 
Upon receiving the Planning and Zoning Commission's recommendation (or no recommendation) the Board of Aldermen shall review the vacation, recommendation of staff and the Planning and Zoning Commission, and determine:
a. 
If the proposed vacation is in the public interest;
b. 
That no private rights will be unreasonably injured or endangered;
c. 
That the public will suffer no unreasonable loss or inconvenience thereby;
d. 
That the street or alley to be vacated no longer serves a public purpose.
2. 
All applications to vacate a right-of-way shall be approved by ordinance. Following the approval of such ordinance by the Board of Aldermen, the City Clerk shall submit a certified copy of the ordinance to the Jackson County Recorder of Deeds for recording.
D. 
Reservation Of Easements. In vacating any right-of-way, the City may require easements to be provided when deemed necessary for the public good or welfare.
E. 
Reversion Of Land Vacated. Rights-of-way which have been vacated shall revert to the owners of the adjacent properties in the same proportion as it was taken from them. Once the right-of-way reverts to the adjacent landowners, the City shall have no obligations to maintain the right-of-way unless the City reserves an easement. If the City reserves an easement, the easement document will control in regard to the duties and obligations that the City has in regard to the easement area.
F. 
Objection To Vacation. If, either at the time of or prior to the Board of Aldermen's consideration of the completed application, a written objection to the application is filed with the Community Development Director by any owner or owners of adjacent property who would be a proper party to the application but who has not joined in the application, the completed application shall not be approved except upon a two-thirds (2/3) vote of the entire membership of the Board of Aldermen.