§ 403.090. Vacations., Chapter 403. Development Review Procedures, Unified Development Code, Code of Ordinances, Blue Springs

Overview/Applicability. Vacation is the process to eliminate any plat, part of a plat, street, alley, utility easement, PUD final plan or public reservation of land. The application shall be made by the public entity owning the property interest in the property sought to be vacated or by all owners of lands adjoining on both sides of the street, alley or public reservation proposed to be vacated. If the application is not submitted by all such owners, that fact shall be noted on the application along with the names and addresses of all adjoining owners who are not a party to the application.

Review Criteria. The City Council, in its sole discretion, may decide to approve or disapprove an application for a vacation and in rendering its decision may use the following review criteria for an application for vacation:

The application is in accordance with the Comprehensive Plan or any official plan or program developed under the guidance of the Comprehensive Plan. In particular the impact of the vacation on physical patterns, arrangement of streets, blocks, lots and open spaces, and public realm investments reflect the principles and concepts of the plan.

Compliance with the requirements of this Development Code. In particular the vacation is consistent with the intent and design objectives of the subdivision design standards.

The vacation reflects sound planning and urban design principles with respect to existing and potential development in the vicinity, including consideration of current and future streets, open spaces, blocks, lots, and public utilities and facilities.

Any impacts identified by specific studies or technical reports are mitigated with generally accepted sound planning, engineering, and urban design solutions, that reflect long-term solutions and sound fiscal investments.

The application does not deter any existing or future development on adjacent property from meeting the goals and policies of the Comprehensive Plan.

All resulting lots and parcels are capable of meeting the intent and objectives of the applicable zoning districts and development standards.

The application meets the public interest and is not otherwise for the sole benefit of one (1) property owner or project.

No private rights will be injured or endangered by the application.

The street or alley to be vacated no longer serves a public purpose.

10.

The recommendations of professional staff.

11.

Other information which may come to its attention.

Effect Of Decision. In approving a vacation, the City Council may place any conditions it deems necessary to protect the public health, good and welfare, including the requirement for easements. The Director of Community Development shall certify to the City Clerk when any conditions have been met and, upon such certification, the vacation shall become effective.

Request By Public Works Director.

In addition to the procedure set out above for applications submitted by abutting landowners, the Director of Public Works may petition for the vacation of a street or alley when it is the opinion of the Director of Public Works that such street or alley has not been opened, used, and the retention of such street or alley is no longer necessary:

For any lawful and proper use of a publicly held street or alley; or

To serve a useful public purpose; or

To be retained for proper, efficient and safe traffic movement within the City; or

For the public welfare; and

Easements may be provided to protect public and private utilities within the street, alley or rights-of-way.

The application shall include the basis for the Director's opinion. Upon the filing of such an application, the procedure set out in this Section for applications filed by abutting landowners shall be followed. If, after consideration by the Planning Commission and City Council, the City Council finds the basis for the Director of Public Work's opinion is correct, and determines that the criteria set out in Subsection (D) of this Section are met, the City Council may approve the Director's application and vacate such street or alley with or without conditions as set out in Section 403.090(C).