Meeting of September 28, 2021

good morning welcome to the september 28th meeting of hardin county fiscal court this is a voting meeting i'd remind you if you have cell phones please turn them off or put them in vibrate mode we'll begin with the roll call if you would miss dolly king here judge barry here easter here doug goodman here william here clam wiseman here thompson ronnie goodman here mr easter will lead us in vacation and miss williams in the pledge if you please stand join me in the word prayer dear heavenly father we're so thankful for this day and just the blessings of life that you've given us i just want to thank those from leadership in the past who have made decisions that some of those have come forward to this day i want to especially thank those in leadership today who are going to carry the ball forward in everything that we do and everything we say and one thing around this table that we're all unified in one aspect is we want what's best for those citizens of hardin county that we represent

we all have the same ideas about safe communities a place to raise your family good jobs so we ask that you be with us today if we make decisions on this agenda you never know where they may lead down the road and we want to do the best we can for decisions today be with us now for all these things we'll give you the praise and the glory that's the name of jesus christ i pray amen amen please join me in the pledge i pledge allegiance to the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice we're going to start today with a public hearing regarding the road closure and the serene oaks subdivision conducting the public hearing today will be the assistant county attorney mr don jones thank you judge uh we are here to conduct that uh hearing on road closure

pursuant to krs 178 uh there are a few items i need to find the record first before uh having mr king uh testify to fiscal court uh a request has been made by enb homes llc to discontinue an undeveloped future streak 50 foot right away north of rebecca and court at rosenberger lane elizabethtown kentucky in the serene oaks subdivision section 2. today's public hearing was initially scheduled for 3 30 today and notice of that date and time was made by placing three signs on the property uh beginning on september the 10th and by first class mailing to all adjoining property owners also tendered on september 10 and by placing an ad in the news enterprise dated september 19th no one has contacted the department of planning and development to express interest or opposition planning staff will be present at 3 30 here at the fiscal court hearing room should someone wish to be heard on this matter if that should occur then we would reopen the hearing to allow those individuals to speak on september 14th 2021 fiscal court appointed viewers charlie allen adam king and dwight morgan to make a written report to the court as to any inconvenience that would result from the

discontinuance of the road and that report is included in your materials the law requires the planning commission to review discontinuance of the road in accordance with the county's comprehensive plan and adam king is going to speak to that and so mr king if you'd step up first i need to swear you in do you swear firm tell the truth the whole truth i do and mr king states your name and your employment uh adam king hardin county planning and development director would you provide the court with the background uh regarding this request yes sir so again as as dawn indicated bnb homes llc has submitted this application for a road closing request that's bruce beasley it's a 50-foot undeveloped right-of-way for future street this went before the planning commission on september 7th and they are sending a favorable recommendation to fiscal court to close the road the list of exhibits will enter into the record uh krs 100.3244 the vicinity map the zoning map aerial photographs a plaid of serene oak subdivision section 2 from 2003

uh we've got a plot of the adjoining rosy tulip subdivision section 2 that's from 2020 a proposed amended plot of serene oak subdivision section two lots eight and nine that's the adjoining lots that's dated this year photographs the site i have prepared a staff report that you all should have in a comprehensive plan analysis planning commission resolution 2021-010 uh fiscal court resolution 2021 167 that was the resolution to appoint the viewers uh the viewers report that charlie the county engineer in dwight the county road supervisor and myself have signed and then i prepared a resolution fiscal court resolution 2021-173 for your all's consideration and then as always we'd like to submit the county's comprehensive plan and zoning ordinance into the record 100 3244 states that the planning commissions shall evaluate street closings with regards to the plan make a recommendation fiscal court against serene oak subdivision we are south on gaither station road south of the parkway we're actually

across the street from the elizabethtown wastewater treatment plant so the proposed road closing is circled there in red we're north of rosenberger in serene oak subdivision section two so this will kind of give you a feel for where we're at this is on the north side of serene oaks this right-of-way went into an adjoining farm that was also owned by bruce beasley that has since been developed into two sections uh rosie tulip is the name of that subdivision and then again the e-town wastewater treatment plant is on the left-hand side of your screen i'm just zooming in a little tighter there you can see these aerial photos are from 2020 so the first section of rosie tulip the roads are in the houses are built section two the roads are now in no homes built yet there so presently this right-of-way there is some gravel it was basically just used for bruce to access that adjoining farm he had some equipment park there here's the plat from 2003 for serene oak section 2.

and just zooming in to show that 50 foot undeveloped right away for future street again it joins lights eight and nine here i've highlighted the runway for closure in ink so this is rosy tulip section 2 from 2020 again these roads aren't maintained yet no homes built in this section but essentially they're like 26 is a 16 acre lot that bruce is going to build his personal home on and rather than connect the subdivision over to this undeveloped right away he ended up keeping a big lot there with a pond on it i just zoom in there so here would be the result if we get the road closure uh they would merge those two portions with the adjoining lots on either side so that's lot eight and lot nine those are presently vacant also owned by bruce beasley and he intends to build new homes on both those lots here i am at rebecca and court and rosenberger looking towards the right of way just a photograph of the right-of-way with our signage again three signs were posted and have

been since september 10th uh just another view of the right of way and here i'm walking towards rosie tulip to the north and looking into rosie too again his house that he's building would be in the back right corner of your screen at that tree line here i've turned around now and i'm walking back towards serene oaks that's adjoining lot eight there and then joining line nine looking east on rebecca anne at rosenberger and looking west back towards gaither station road this is our staff report again we found that it is in agreement with the comprehensive plan goal 10 to improve the transportation system of hardin county so that it encourages the smooth flow of traffic throughout the county and more importantly objective 10 to evaluate and close streets or streets of record which are not being used have not been constructed or are unnecessary here is the planning commission's resolution