What is happening?
Here we go again.
Jefferson Orchards is again requesting that the zoning for 194 acres on Northport Avenue (across the road from Rockwool) be changed. The land is currently in SmartCode zoning and portions of the land are zoned as natural zone, rural zone, general urban zone and urban center zone. The latter two of these zones support the development of mixed used residential, businesses, shopping, and parks, and the first two preserve open space, agriculture, and natural areas as buffers to the land in the county zoned rural agricultural. Jefferson Orchards is proposing removing the entire 194 acres of land from SmartCode zoning and rezoning it as “industrial.” The industrial zoning designation would allow uses that require a major air emission source permit like Rockwool has.
While the rezoning request or application states that the current owner (Jefferson Orchards) does not wish to develop the land into industry such as Rockwoold, there is nothing to stop a future owner from developing the land with industrial development that is a major air emission source. Likewise, the current request gives several examples of how the land may be developed that seem benign, however there is nothing holding the owners (or future owners) to these example plans.
How did we get here?
On July 7, 2017 Jefferson Orchards entered into a purchase agreement with Rockwool to sell Rockwool a portion of Jefferson Orchards’ original orchard land. As a condition of this sale, Rockwool required that Jefferson Orchards place restrictions on the future development of the remainder of the land and Jefferson Orchards future land purchases. These restrictions were later recorded as a deed restriction (October 2017).
On July 17, 2017 Jefferson Orchards submitted a rezoning request to Ranson for its land. Despite knowing that it had entered into this agreement limiting the further development of its land, Jefferson Orchards requested that the zoning on the remaining land Rockwool did not buy (the land with the restriction). Jefferson Orchards requested that the remaining land remain in mixed use residential (T4 General Urban and T5 Urban Center), which did not match the restrictions already accepted as part of the purchase agreement with Rockwool. It is unknown why Jefferson Orchards did not change the zoning at that time to match the restrictions previously agreed to.
In January of 2023 Jefferson Orchards submitted a rezoning request for the remaining 194 acres (the land subject to the current rezoning request). The Ranson Planning Commission found that this rezoning would not be consistent with the comprehensive plan and the application was withdrawn.
In the 2024 update of the Ranson Comprehensive Plan, Ranson changed the designation of the Jefferson Orchards land (subject of the current request) from new community to “large parcel mixed use” in an attempt to accommodate the owners wish to rezone the land. The Ranson City Council at the same time passed some minor changes to the definition of the “Industrial” zone that still allows uses that contaminate stormwater and allow major air emission (pollution) sources in this zone with no restriction on water use. There still is no actual “light industrial zone” as the comprehensive plan calls for.
How to Help
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Read the detailed information on our website and share with others. Knowledge is power.
- The Background on Zoning in Ranson
- Karst Hydrogeology Concerns
- Heavy Industry Near Schools
- Negative Effects On Local Economy
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What are the Issues?
- The change does not align with the Ranson Comprehensive Plan. The Ranson Comprehensive Plan lists “Light Industrial” as an allowed zone in the future land use designation “large parcel mixed use” not “Industrial.” The current application is requesting an “Industrial” zoning designation.
- The surrounding community does not want this development. Due to the shoestring annexation of this land into Ranson the surrounding community is left with no elected representation in Ranson, and the majority of the council members are not heading the requests of the surrounding land owners to not designate this land for industrial development
- The environmental and economic impacts of this designation have the potential to be severe. While the application states several times that there will be no environmental burden on low-income residential communities. This is simply not true. This zone allows major air emission sources like Rockwool and uses that will contaminate stormwater discharge from the site endangering the ground water recourses of a large portion of the county.
The following text was taken from the deed restriction dated October 25, 2017 between Rockwool and Jefferson Orchards.
General Restrictions. The following uses (“General Restrictions”) shall be prohibited on the entirety of the Restricted Property:
a. Residential development;
b. Inpatient medical treatment facilities;
c. Hospice; nursing or retirement facilities, and other related care facilities;
d. Residential shelters; or
e. Churches or religious centers.
Limited Restrictions. The following uses (“Limited Restrictions”) shall be prohibited from any tract within 1,000 feet of the boundary line on the eastern portion of the Property, as identified on Exhibit “A”:
a. Lodging, including, for example, hotels or motels;
b. Childcare;
c. Outpatient medical treatment facilities;
d. Educational facilities dedicated to the education of minors ( e.g., elementary, middle and high schools);
e. Food preparation businesses (not including restaurant facilities with the primary purpose of providing on-site food and related products to employees of Roxul or employees of business enterprises located on the Restricted Property);
f. Life science research facilities;
g. Consumer retail establishments, except for establishments with the primary purpose of serving employees of Roxul or employees of business enterprises located on the Restricted Property (e.g., convenience stores and gas stations);
h. Public community or recreation centers; and Administrative or professional offices or office buildings, other than offices or office buildings which are directly ancillary and supportive of a permitted use. For example, an office or office building within or near an industrial facility which is used to provide administrative or professional support to such industrial facility, would not be prohibited. The restriction provided by this Subparagraph (i) to Paragraph 3 of this Agreement shall not apply, among other things, to offices or office buildings used primarily for (x) nonmanagement or non-professional services, and (y) telephonic or data services (e.g., call or data centers and colocation facilities).
What are the risks?
If Ranson rezones this parcel of land Industrial there will be nothing to stop this owner or a future owner from developing the land into heavy industrial uses and heavy manufacturing including those needing major emission source air permits and that would endanger water resources.
While the application states in several ways that the current owner does not wish to pursue heavy industry, this is not binding in anyway and as soon as the property is rezoned Industrial, this or a future owner could do just that. Also, Jefferson Orchards makes several proposals in its like that the large parcel size would allow for buffer zones or that a development like Burr Industrial Park could be pursued. But again, there is nothing holding this owner or a future owner to such assurances.
We are also concerned that if Ranson rezones the property based on these assurances and Ranson tries to enforce them as restrictions on development, then this or a future owner could sue Ranson seeking relief from these restrictions as illegal contract zoning.
In these ways a removing the land from SmartCode and rezoning it Industrial would allow this or a future owner free rein to develop the land in heavy industry including heavy manufacturing.
The impacts of industrial development on this land will be similar or the same as the ones for the rezoning of the other half of this property that was done by Ranson in 2020. Please see this page for more information.
The economic impacts of industrial development on this land will be similar or the same as the ones for the rezoning of the other half of this property that was done by Ranson in 2020. Please see this page for more information.
UPDATE as of July 17, 2024
In front of a full house of members of the community, the Ranson City Council voted 4-2 to APPROVE the zoning amendment. There was no discussion amongst the council members prior to the vote. The mayor stated he received more than 160 emails from the public and over 30 people signed up to speak at the hearing (all but one—the company representative—was in opposition to the rezoning).