Chapter 6 Mobility Standards Part 3 Street Name Change, Street Closing, Street Naming and Site Addressing Page 1 of 3

6.3.1 General Provision

1. Purpose
   
   These standards and procedures are established to promote and protect the public health, safety and welfare within Jefferson County by providing common and effective methods for assigning and changing street names and site addresses, and permanent closure of public rights-of-way and access easements. Such methods ensure the efficient delivery of emergency services to individual homes and businesses, and appropriate determination of the continued use of lands dedicated for public purpo
2. Effect
   
   No application for a building permit or subdivision plat shall be approved that contains street names or site addresses that do not comply with the requirements and procedures provided herein.

6.3.2 Street Name Change

1. Authorization and Procedure
   
   Street and alley names may be changed in accordance with this section.
2. Who May Initiate a Street or Alley Name Change
   
   Applications for changing a street or alley name may be initiated by the Planning Commission, any governmental unit having jurisdiction over any Part of the street or alley, property owners representing fifty-one percent of all parcels adjacent to the public right-of-way to be renamed, or by property owners whose property includes more than fifty-one percent of the linear front feet of the portion of the street or alley to be renamed.
3. Application Requirements
   
   The following information items are required for acceptance of a formal application to the Louisville and Jefferson County Planning Commission to change the name of any public or private street or alley.
   1. The formal application shall contain the following items:
      1. The existing street or alley name.
      2. The proposed street or alley name.
      3. Justification for request.
      4. The application shall be signed by the applicant or a person authorized by the applicant.
      5. Signed, notarized, consent and address of each adjoining property owner who has requested the name change, or an affidavit authorizing an agent to act on behalf of said adjoining property owner(s).
      6. Statement of the availability of the proposed street name, in accordance with Section 6.3.5.
      7. Additional information as required.
   2. Ten copies of a scaled 8 1/2 x 14 inch drawing showing the entire street or alley involved and including names, sources of title, and addresses of all adjacent property owners along the street as reflected by information and maps maintained by the Property Valuation Administrator. Vacant lots shall be designated as such in the scaled drawing. A location/vicinity map showing the distance of the street proposed for re-naming to the nearest arterial street shall be on the drawing.
   3. The appropriate application fee as defined in the Schedule of Application Fees.
   4. Fee to record the final documents in the Office of the County Clerk.
4. Review and Action for Applications
   
   Complete applications for a street name change shall be reviewed and action taken in accordance with the following procedures.
   1. The Planning Commission or its designee shall determine the technical accuracy of the request and establish the Planning Commission public hearing date.
   2. A notice of the proposal to change the street or alley name and the opportunity to request a public hearing shall be sent to all property owners adjacent to the affected portion of the street or alley and all governmental units having geographical jurisdiction. Notice shall be sent no less than 14 days prior to the Planning Commission’s consideration of any proposed street name change.
   3. If requested to do so by any interested party, the Planning Commission shall hold a public hearing on any proposed street or alley names changes. The Planning Commission may waive the public hearing if no such request is received, and affected governmental units having geographical jurisdiction agree to the proposed name change.
   4. Notice of public hearing shall be published in accordance with the provisions of Kentucky Revised Statutes, Chapter 424 (minimum 14 calendar day notice).
   5. Following a public hearing or business session at which the proposed street or alley name change was considered, the Planning Commission shall:
      1. If the street or alley is entirely within one jurisdiction with zoning authority, the Planning Commission shall make a recommendation to the legislative body of that jurisdiction for final action; or,
      2. If the street or alley is located in more than one jurisdiction with zoning authority, the Planning Commission shall make a recommendation to Fiscal Court, or, after January 1, 2003, the council of the consolidated local government.
   6. Upon receipt of an ordinance from the legislative body approving a name change, a copy of the ordinance and the approved map shall be recorded in the Office of the County Clerk.

6.3.3 Permanent Street Closing

1. Authorization and Procedure
   
   Publicly dedicated right-of-way may be permanently closed in accordance with this section. Temporary street closures may be authorized by the Director of Works; such closures are not subject to this regulation.
   
   This regulation is not applicable to any streets or alleys located entirely within 5th or 6th class cities.
2. Who May Initiate an Application for Permanent Closing or Abandonment of a Public Right-of-Way or Easement.
   
   Applications for permanently closing a public right-of-way may be initiated as follows:
   1. By the Planning Commission;
   2. Any governmental unit having geographical jurisdiction over the public right-of-way;
   3. Property owners representing a minimum of fifty-one percent of all parcels adjacent to the public right-of-way or section of right-of-way proposed to be closed, from intersection to intersection;
   4. Property owners representing a minimum of fifty-one percent of the linear street frontage feet of the public right-of-way or section of public right-of-way proposed for closure from intersection to intersection;
   5. Property owners representing a minimum of fifty-one percent of the adjoining parcels or adjoining linear frontage feet of a cul-de-sac or dead end street andalleyways or other rights of way adjacen to the section of right-of-way proposed for closure. See section 6.2.5 General Layout of Streets for additional requirements.
3. Application Requirements
   
   The following information items are required for acceptance of a formal application to the Louisville and Jefferson County Planning Commission to permanently close a public right-of-way.
   1. Pre-Application Conference - The staff of the Division of Planning and Development Services will meet with applicants prior to formal submittal of the request to discuss the requirements, procedures and standards of the street closure process.
   2. Formal Application – A complete application form available through the Division of Planning and Development Services including the following information and attachments:
      1. A metes and bounds description of the public right-of-way proposed for closure signed and sealed by a registered Land Surveyor in the Commonwealth of Kentucky.
      2. Justification for the request.
      3. The application shall be signed by the applicant or a person authorized by the applicant.
   3. Plat of Survey - A recent plat of survey that describes the area proposed for permanent closure with the street or alley name(s) clearly labeled where appropriate. The plat shall show how the area proposed for closure is to be divided. The plat shall be signed and sealed by a land surveyor registered in the Commonwealth of Kentucky. Multiple copies of the plat shall be submitted, as determined by the Planning Director.
   4. Site Plan - Closures related to any proposed development shall submit a site plan as Part of the application. Where transportation or utility facilities are to be relocated, the site plan shall indicate specific locations for the relocation of these facilities and label as existing or relocated.
   5. Notification List - The applicant shall provide a list of the names and mailing addresses of all property owners adjacent to the proposed street or alley closing extending to the nearest intersecting streets. This list may be prepared from maps and records maintained by the Jefferson County Property Valuation Administrator. A map shall be submitted illustrating the location of each of the property owners identified above. Vacant lots shall be designated in the map.
   6. Notarized Consent - The applicant shall provide an original and one (1) copy of notarized consent to the closing from property owners of the adjoining properties along the proposed area of closure who have requested the closure, or an affidavit authorizing an agent to act on behalf of the said property owners.
   7. Additional Information – The Planning Commission may request the applicant to provide other information based upon consultation with other local agencies (i.e., Air Pollution Control District, Department of Public Works), including but not limited to traffic impact analyses and utility relocation data.
   8. Fees – The application and recording fees as defined in the Schedule of Application Fees.
4. Considerations for Approval of a Street or Alley Closing
   
   In determining whether a proposed street closing should be approved, the Planning Commission shall consider the following:
   1. Adequate Public Facilities - Whether and the extent to which the request would result in demand on public facilities and services (both on-site and off-site), exceeding the capacity or interfering with the function of such facilities and services, existing or programmed, including transportation, utilities, drainage, recreation, education, emergency services, and similar necessary facilities and services. No closure of any public right-of-way shall be approved where an identified current or future need for the facility exists. Where existing or proposed utilities are located within the right-of-way to be closed, it shall be retained as an easement or alternative locations shall be provided for the utilities.
   2. Cost for Improvement - The cost for a street or alley closing, or abandonment of any easement or land dedicated to the use of the public shall be paid by the applicant or developer of a proposed project, including cost of improvements to adjacent rights-of-way or relocation of utilities within an existing easement.
   3. Comprehensive Plan – The extent to which the proposed closure is in compliance with the Goals, Objectives and Plan Elements of the Comprehensive Plan.
   4. Other Matters - Any other matters which the Planning Commission may deem relevant and appropriate.
5. Findings for Street Closings
   
   The Planning Commission shall make a recommendation on the proposed street or alley closing based on its findings relating to the various considerations listed in section D, above or its designee shall review the application for compliance with Cornerstone 2020 (comprehensive plan).
6. Review and Action for Applications
   
   Complete applications for a street closing shall be reviewed and action taken under the following procedures.
   1. The Planning Commission or its designee shall determine the Planning Commission public hearing date.
   2. The Planning Commission shall hold a public hearing on all proposed street or alley closings, unless waived in accordance with paragraph 4, below.
   3. Notice of public hearing shall be published in accordance with the provisions of Kentucky Revised Statutes, Chapter 424. In addition, signs giving notice of the public hearing shall be placed in the area so as to be conspicuous for passing motorists or pedestrians using the affected street or alley and at or near the closest street intersections. Signs shall be posted at least 14 days prior to the public hearing. A notice of the proposal to close the street or alley shall be sent to all property owners adjacent to the street or alley segment defined by the nearest intersecting streets, and all governmental units having geographical jurisdiction. This Notice shall be mailed to property owners at least 30 days prior to any public hearing.
   4. The Planning Commission may waive the public hearing if all owners of property adjacent to the street or alley, and affected governmental units having geographical jurisdiction, agree to the proposed closure.
   5. Following a public hearing concerning a proposed street or alley closure, the Planning Commission shall make a recommendation to the affected legislative body for final action. If the street or alley is entirely within more than one jurisdiction with zoning authority, the Planning Commission shall make a recommendation to all of the affected legislative bodies for final action.
   6. Upon receipt of an ordinance from the legislative body approving a street closure, a copy of the ordinance, approved plat and the metes and bounds description shall be recorded in the Office of the County Clerk.

Continued on Next Page >>>