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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
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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.
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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.
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CLAY STCLAY ST
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
LI
LI
LI
LI
LI
LI
RM-4
LI
LI
LI
LI
LI
LI
LI
LI
LI
LI
LI
LI
LI
LI
RM-4 BE
LI
LI
LI
LI
LI
RM-4
RM-4
RM-4
RM-4
NB
NB RM-4
RM-4
LI
RM-4
RM-4
RM-4
RM-4RM-4
LI
RM-4
RM-4
RM-4
LI
RM-4
RM-4
RM-4
RM-4
RM-4
RM-4
RM-4
LI
LI
RM-4
LI
RM-4
LI
NBRM-4
CLAY ST
STUBBINS ST
WOODFORD AVEEAST 12TH AVENUE
WEST 12TH AVENUE
AGCBFGB
HBHILIMHP
NBOP-COP-RP
PUDR-ERM-2RM-3
RM-4RRRS-1ARS-1B
RS-1CRS-1D
60 0 60 120 Feet
EXISTING ZONING2018 - 01 - RWC
2018-01-RWC Page 6 of 7
CLAY ST
STUBBINS ST
WOODFORD AVEEAST 12TH AVENUE
WEST 12TH AVENUE
AGRICULTURALCOMMERCIALINDUSTRIALPUBLIC
PUBLIC-INSTITUTIONALMULTI-FAMILY RESIDENTIALSINGLE-FAMILY RESIDENTIALVACANT
60 0 60 120 Feet
EXISTING LAND USE2018 - 01 - RWC
2018-01-RWC Page 7 of 7
