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ZONING ORDINANCE REFERENCE ZONING ORDINANCE REFERENCE Section 3.16 of the Zoning Ordinance states the following: RIGHT-OF-WAY CLOSING: A. A letter from the applicant directed to the

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Text of ZONING ORDINANCE REFERENCE ZONING ORDINANCE REFERENCE Section 3.16 of the Zoning Ordinance states...

  • RIGHT-OF-WAY CLOSING STAFF REPORT

    Docket Number: 2018-01-RWC

    Public Hearing Date: June 7, 2018

    Pre-Application Conference: September 22, 2017

    Applicant:

    Edgar E. Mills 3119 Smallhouse Road Bowling Green, KY 42104

    Description of Request: The applicant has filed an application to close a 195-foot portion of a 20-foot wide alley located between 1169 Clay Street and 1175 Clay Street.

    ZONING ORDINANCE REFERENCE

    Section 3.16 of the Zoning Ordinance states the following:

    RIGHT-OF-WAY CLOSING: A. A letter from the applicant directed to the Planning Commission asking for the right-of-way to be

    closed with explanation of request;

    B. A letter from the City Director of Public Works or Mayor stating that their Agency anticipates no adverse impact with this closing, if right-of-way has been open for 5 years to general public and if right-of-way has been accepted by the legislative body;

    C. A recording plat giving dimensions of proposed closing;

    D. Identification of all property owners abutting the street to be closed and their mailing address as listed in the Property Valuation Administrator’s office;

    E. Letter from following agencies stating whether they agree with proposed closing and any conditions they have, e.g., easements:

     Fire Chief of Appropriate Fire District  Police Chief

     Emergency Medical Service  Sanitation Service

     Water District  Sewer District

     Electric Division  Phone Company

     Cable Company  Gas Company

    2018-01-RWC Page 1 of 7

  • ZONING ORDINANCE REFERENCE (Continued)

    The applicants have submitted letters from the agencies listed below, along with any conditions from those agencies, to meet the requirements listed above.

     City of Bowling Green Public Works Department, by Melissa Cansler, City Engineer

     Bowling Green Fire Department, by Steve Coleman, Fire Code Inspector

     Bowling Green Police Department, by Doug Hawkins, Chief of Police

     Medical Center EMS, by Jim Berry, EMS Director

     Sanitation Services, by Christopher Smith, District Controller at Scott Waste Services, LLC

     BGMU (Electric Division), by Chad Spencer, Electric Engineering Supervisor

     BGMU (Water & Sewer Division), by Rodney Sullivan, Project Manager

     AT&T, by Buzz Colburn, Senior Engineer

     Charter Communications (formerly Spectrum), by Benny Burch, Construction Coordinator

    Charter Communications has stated that the proposed ROW closing will not impact their agency as long as the utility easements do not change.

     Atmos Energy, by Byron Oost, Project Specialist

    Atmos Energy has noted that there is an existing gas main along the alley, and they would like to maintain rights to the gas main for maintenance and growth purposes.

    FINDINGS OF FACT PER KRS 82.405

    KRS 82.405 (2): Findings necessary for closure of a right-of-way:

    (A) Identification of all property owners in or abutting the right-of-way to be closed was made by applicant;

    (B) Written notice was given to the property owners in or abutting the public right-of-way;

    (C) All property owners abutting the right-of-way to be closed have given their written and notarized consent to the closing.

    STAFF ANALYSIS

    The applicant has met all of the criteria listed in both the Zoning Ordinance and KRS 82.405. If this application is approved, the applicant plans to consolidate the closed right-of-way with the adjoining properties.

    SUGGESTED CONDITION OF APPROVAL

     A plat must be recorded showing the right-of-way closure, as well as the utility easements requested by Atmos Energy and Charter Communications.

    2018-01-RWC Page 2 of 7

  • MOTIONS

    I make the motion to approve the Right-of-Way Closing, docket number 2018-01-RWC, with the following condition:

     A plat must be recorded showing the right-of-way closure, as well as the utility easement requested by Atmos Energy and Charter Communications.

    My motion is based on the findings of fact as presented in the staff report, and the testimony presented in this public hearing that the Right-of-Way Closing is in compliance with Section 3.16 of the Warren County Zoning Ordinance.

    Or I make the motion to deny the Right-of-Way Closing, docket number 2018-01-RWC. My motion is based on the findings of fact as presented in the staff report, and the testimony presented in this public hearing that the Right-of-Way Closing is not in compliance with Section 3.16 of the Warren County Zoning Ordinance.

    2018-01-RWC Page 3 of 7

  • 2018-01-RWC Page 4 of 7

  • CLAY S T

    CLAY S T

    WEST 12TH AVENUE

    WEST 12TH AVENUE

    EAST 12TH AVENUE

    EAST 12TH AVENUE

    20 0 20 40 Feet

    AERIAL2018 - 01 - RWC

    2018-01-RWC Page 5 of 7

  • LI

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    RM-4

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    RM-4 BE

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    RM-4

    RM-4

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    NB

    NB RM-4

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    NB RM-4

    CLAY ST

    STUB BINS

    ST

    WOODFORD AVE EAST 12TH AVENUE

    WEST 12TH AVENUE

    AG CB F GB

    HB HI LI MHP

    NB OP-C OP-R P

    PUD R-E RM-2 RM-3

    RM-4 RR RS-1A RS-1B

    RS-1C RS-1D

    60 0 60 120 Feet

    EXISTING ZONING2018 - 01 - RWC

    2018-01-RWC Page 6 of 7

  • CLAY ST

    STUB BINS

    ST

    WOODFORD AVE EAST 12TH AVENUE

    WEST 12TH AVENUE

    AGRICULTURAL COMMERCIAL INDUSTRIAL PUBLIC

    PUBLIC-INSTITUTIONAL MULTI-FAMILY RESIDENTIAL SINGLE-FAMILY RESIDENTIAL VACANT

    60 0 60 120 Feet

    EXISTING LAND USE2018 - 01 - RWC

    2018-01-RWC Page 7 of 7