On Jan. 6 the Clay County Planning and Zoning Commission voted unanimously to approve a request (case November25-133) to vacate a section of unimproved platted right-of-way between Lots 3 and 4 of White Ridge Estates, adding a condition that property owners record a replat or a compliant access easement to prevent a landlocked parcel.

Planning staff told commissioners the right-of-way appears mislabeled on the subdivision plat (shown as 117th but aligning with 118th on county maps), that 26 adjoining property owners were notified and that Clay County Road and Bridge raised no objections. Staff recommended approval with a condition tying the vacation resolution to recording the required replat or access arrangement.

Randall Crawford, the applicant’s representative, said the Kohlers (Ryan and Kathleen Kohler) recently purchased about 25 acres behind Lot 3 and now “have access across their property to it,” a change Crawford said occurred within the previous weeks. Applicant Greg Alden, one of the property owners, asked how the plat discrepancy would be handled; staff replied the county would vacate by the legal description in the application and the recorded legal will control.

Commissioners focused discussion on the practical risk that vacating the right-of-way could leave the newly purchased parcel without clear public access unless property owners replat or grant an easement. Staff explained county code requires a 60-foot access easement where appropriate and that typical remedies include replatting the lots to incorporate the 30-foot strips deeded to adjoining owners or recording a cross-access easement.

To address that risk, the commission adopted staff-drafted language as a condition: the replat for Lot 3 of White Ridge Estates Phase 1 and Lot 4 of White Ridge Estates Phase 2, compliant with county regulations, must be recorded with the resolution for the vacation (alternatively, a compliant access easement may be recorded to achieve the same access outcome). A motion to add that condition carried on a roll-call vote; a subsequent motion to approve the vacation with that condition and other exhibit A requirements passed unanimously.

Recorded votes listed commissioners voting yes: Larry (as recorded), Tom Decker, Jerry Nolte, Randall Morris, Mike Brinkley, David Rodis, Tom Degenhardt and Chairman Mark Beggs. The commission instructed staff that the case will be presented to the Clay County Commission for final action on Jan. 22 at 6 p.m. in the same room.

The county staff recommended approval, noting no formal objections were received during the public-notice period. The commission’s condition requires owners to resolve access and platting so the vacation does not create a noncompliant or landlocked parcel; if the county approves the vacation, the recorded resolution will reference the replat or recorded access documents.

The Planning and Zoning Commission also handled routine business, welcomed a newly seated member and reminded the panel to elect officers at its February meeting. The meeting adjourned following the vote.