Title
VAC2011-00033 - Sedgwick County request to vacate portions of
public street right-of-ways dedicated by separate instruments, portions of a platted setback and portions of a platted reserve, generally located on the south side of 85th Street North and the west side of Hydraulic Avenue. (District #4)
Body
Recommended Action: Follow the recommendation of the Metropolitan Area Planning Commission and approve the Vacation Order, and authorize the necessary signatures.
Background: The applicant is requesting the vacation of portions of the public street right-of-ways (ROW) of 85th Street North and Hydraulic Avenue. These portions of ROW were dedicated by separate instruments; Film 291, Page 772 for 85th and Film 291, Page 774, refilled on Film 756, Page 276 for Hydraulic. These dedications created five (5) “notches” in the Coliseum Park Addition’s property line ranging from approximately 15’ x 80’ (three along 85th) to 50’ x 80’ (two along Hydraulic). There are drives to Coliseum parking areas or facilities located at every notch. Without these notches 85th, a minor arterial, has 100 - 80 feet of half-street ROW at this location. Without these notches Hydraulic, a minor arterial, has 95 feet of half-street ROW at this location. This is sufficient ROW for both streets. There are no City of Wichita or Park City water, sewer or drainage utilities in the described portions of ROW. Westar has equipment along 85th and Hydraulic. If the applicant needs to relocate or remove any of this equipment they will need to contact Westar. There are no other franchised utilities located within the described portions of ROW. All notches are located within Reserve A, which is reserved for parking, open spaces and landscaping.
The applicant is also requesting a vacation of a 70 foot wide portion of the platted 100-foot setback along a portion of Hydraulic, because of existing encroachments. There was a previous vacation of a portion of the platted 100-foot setback along a portion of Hydraulic located south of the current request. That previous vacation established a 30-foot setback; Film 690, Page 248. All of Reserve A is located within the 100-foot setback and this portion of Reserve A will be vacated to the same width as the vacated setback. The Coliseum Park Addition was recorded with the Sedgwick County Register of Deeds May 25, 1976.
Analysis: At their January 19, 2012, meeting the Metropolitan Area Planning Commission (MAPC) voted (9-0-1) to approve the vacation request. No one spoke in opposition to this request at the MAPC’s advertised public hearing or its Subdivision Committee meeting. The site is located within the Park City Area of Zoning Influence and went to the Park City Planning Commission for review and recommendation, prior to it proceeding to the Board of County Commissioners for final action. At their January 24, 2012, meeting The Park City Planning Commission voted to approve the vacation request. No written protests have been filed.
Alternatives: Not applicable.
Financial Considerations: Not applicable.
Legal Considerations: The County is authorized to vacate streets and platted building setbacks in the unincorporated area by K.S.A. 58-2613, et seq. The order has been approved as to form and signed by County Counselor’s Office. A certified copy of the Vacation Order and a restrictive covenant will be recorded with the Register of Deeds.
Policy Considerations: Not applicable.