Public Hearing Date: June 7, 2018 Pre-Application Conference: September 22, 2017

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1 RWC Page 1 of 7 RIGHT-OF-WAY CLOSING STAFF REPORT Applicant: Edgar E. Mills 3119 Smallhouse Road Bowling Green, KY Docket Number: RWC Public Hearing Date: June 7, 2018 Pre-Application Conference: September 22, 2017 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 Emergency Medical Service Water District Electric Division Cable Company Police Chief Sanitation Service Sewer District Phone Company Gas Company

2 RWC Page 2 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 KRS (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 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.

3 RWC Page 3 of 7 MOTIONS I make the motion to approve the Right-of-Way Closing, docket number 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 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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5 RWC Page 5 of 7 WEST WEST 12TH 12TH AVENUE AVENUE CLAY ST ST EAST EAST 12TH 12TH AVENUE AVENUE AERIAL RWC Feet

6 RWC Page 6 of 7 STUBBINS ST WOODFORD AVE WEST 12TH AVENUE BE CLAY ST EAST 12TH AVENUE EXISTING ZONING RWC AG HB PUD RS-1C CB HI OP-C R-E RR RS-1D F OP-R RM-2 RS-1A GB MHP P RM-3 RS-1B Feet

7 RWC Page 7 of 7 STUBBINS ST WOODFORD AVE WEST 12TH AVENUE CLAY ST EAST 12TH AVENUE EXISTING LAND USE RWC AGRICULTURAL COMMERCIAL INDUSTRIAL PUBC-INSTITUTIONAL MULTI-FAMILY RESIDENTIAL SINGLE-FAMILY RESIDENTIAL PUBC VACANT Feet