CITY OF RUSSELLVILLE, KENTUCKY
ORDINANCE NO. 2020-04
AN ORDINANCE ADOPTING THE ZONING MAP AMENDMENT RECOMMENDED BY THE LOGAN JOINT CITIES/COUNTY PLANNING COMMISSION REGARDING A ZONING CHANGE OF SIX TRACTS OF LAND SITUATED ON THE NORTH SIDE OF EAST FIRST STREET AND STEVENSON MILL ROAD BETWEEN MCARTHUR STREET AND GLENDALE LANE FROM R-4 TO 1-2
WHEREAS, Hanson Aggregates Midwest, LLC, applied to the Logan Joint Cities/County Planning Commission (hereinafter “The Commission”) for a change in the Zoning
Map of the City of Russellville, Kentucky, from Residential, R-4 to Industrial, 1-2, regarding certain realty consisting of six (6) tracts of land situated on the north side of East First Street and Stevenson Mill Road between McArthur Street and Glendale Lane; and
WHEREAS, on February 6, 2020, The Commission held a public hearing on said application and, after making certain written findings of fact, made a written recommendation to
the City Council of Russellville that said application be approved; and
WHEREAS, the City Council and the Mayor, on behalf of the City of Russellville, deem said zoning change as beneficial to the City of Russellville, and that all legal requirements have been met in order to proceed with said zoning change.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL IN AND FOR THE CITY OF RUSSELLVILLE, KENTUCKY AS FOLLOWS:
( I ) The written “Findings of Fact and Recommendation” of The Commission dated February 6, 2020, attached hereto as Exhibit “A”, is hereby adopted and approved by the City of Russellville and is incorporated herein as if set forth in its entirety.
(2) The Zoning Map of the City of Russellville, Kentucky, shall be and is hereby amended such that six (6) tracts of land situated on the north side of East First Street and Stevenson Mill Road between McArthur Street and Glendale Lane in Russellville, Kentucky, shall be changed from Residential R-4 to Industrial 1-2. Said property is more particularly described in the application of Hanson Aggregates Midwest, LLC, and is reflected on the attached Zoning Map, labeled as Exhibit “B”.
(3) In the event any provision of this Ordinance is invalid for any reason, such invalidity shall not affect any other provision.
(4) All portions of any ordinance or rule or regulation in conflict herewith are hereby repealed to the extent of that conflict only.
(5) This Ordinance shall be effective upon its passage and publication according to law.
FIRST READING conducted on the 5th day of May, 2020
SECOND READING conducted and PASSAGE on the 18th day of May, 2020.
At a meeting of the City Council of the City of Russellville, Kentucky, held on May 19th 2020, the foregoing ordinance was adopted, after full discussion, by the following vote:
COMMONWEALTH OF KENTUCKY LOGAN JOINT CITIES/COUNTY PLANNING AND ZONING COMMISSION
In RE: The Application of Hanson Aggregates Midwest LLC
The Planning and Zoning Commission met at a duly noticed meeting on the 6th day of February, 2020 at 6:30 p.m. On that date and time the Planning and Zoning Commission determined it appropriate to rezone property owned by Hanson Aggregates Midwest LLC (“Hanson”), upon their application for a Zone Change/Modification Request, from R-4 to 1-2. The Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
The Planning and Zoning Commission accepts the facts outlined in the application for a Zone Change/Modification Request submitted by Hanson and the attachments thereto and incorporates those documents as part of the record herein. The Planning and Zoning Commission further finds as follows:
1. The properties to be rezoned from R-4 to 1-2 are referenced in the records of the Logan County Clerk as follows:
Deed Book 451, Page 504
Deed Book 451, Page 94
Deed Book 443, Page 151
Deed Book 443, Page 196
Deed Book 443, Page 151 (Lot 6)
Deed Book 295, Page 547
(Collectively, the “Properties”).
2. More specifically, the Properties are situated on the north side of East First Street and Stevenson Mill Road between McAurthor Street and Glendale Lane. Hanson or its affiliates owns other property to the north, east, and northwest of the Properties and said other property is zoned 1-2.
3. The current use of the Properties is idle ground with no structures. It is comprised of grass and trees and the grass areas are routinely mowed.
4. The future use of the Properties will be to provide a visual and sound barrier to shield neighbors and the general public from the activities of the rock quarry currently operated by Hanson on the adjacent property to the north. A permanent woven wire fence along the street frontage, approximately 1700 feet, will be constructed. No trespassing signs will be place on the fence at 50 foot intervals. A large berm will be constructed on the Properties. The berm will be constructed from overburden material from the rock
quarry. There will not be any stone extraction within 300 feet of an occupied dwelling.
5. The anticipated use of the Properties will be to provide a barrier between the industrial uses of the north and the residential uses to the west and on the other side of East First Street and Stevenson Mill Road. This rezoning will provide both consistency with the comprehensive plan and resolve the inappropriate zoning of R-4, which is the current status of the Properties at issue. 1-2 is a better zoning structure for the north side of the roadway, allowing the roadway to serve as the boundary between residential and industrial zoning. The current residential zoning to the west of the property at issue will not be adversely impacted and, in fact, will be benefitted by a greater barrier between this residential lot and the industrial areas.
CONCLUSIONS OF LAW
Having heard the evidence and making the above Findings of Fact, the Planning and Zoning Commission finds as follows:
1. The requirements of KRS Chapter 100 have been met, specifically the procedural requirements of KRS 100.211 have been satisfied, and this ruling is consistent with both the facts set forth above and all applicable laws.
2. Pursuant to KRS 100.213, the Planning and Zoning Commission finds rezoning from R-4 to 1-2 of the above described property is consistent with the adopted comprehensive plan. Although not required in light of the consistency the proposed zone change has with the comprehensive plan, the Planning and Zoning Commission further finds
a. That the existing zoning classification given to the property is inappropriate and that the proposed zoning classification is appropriate;
b. That there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in the adopted comprehensive plan and which have substantially altered the basic character of such area.
For the reasons set forth herein, the Planning and Zoning Commission of the City of Russellville recommends to the Russellville City Council that the above-mentioned property be rezoned from R-4 to I-2.
Signed this 6 day of February, 2020
Planning and Zoning Commission, Chair
Received on behalf of City of Russellville, Kentucky, this 2 day of March. 2020.
Mayor, City of Russellville
CITY OF RUSSELLVILLE, KENTUCKY