HomeMy WebLinkAbout2008-OR-03r Ordinance 2008-OR- "~
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3 AN ORDINANCE DECLARING A MORATORIUM
4 - ON THE FILING OF CERTAIN APPLICATIONS FOR
s DEVELOPMENT PERMITS AND BUILDING PERMITS
6 FOR MULTI-FAMILY DWELLINGS IN THE CITY
7 OF JEFFERSONVILLE. INDIANA
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ro WHEREAS, the Jeffersonville City Council is vested with the power, duty and
r ~ obligation to enact ordinances and laws that are designed to provide for public safety,
rz health and welfare of the citizens of Jeffersonville, Indiana;
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ra WHEREAS, in an effort to protect and assure the public health, safety and
~s welfare the City of Jeffersonville developed a Comprehensive Plan pursuant to statute
16 and law;
~s WHEREAS, the purpose of the Comprehensive Plan is to guarantee continuity in
r9 the development of the city and to insure that the development of the city promotes the
zo public health, safety and welfare and is in the best interest of the citizens and
zr government;
z2
z3 _ WHEREAS, upon the completion of the Comprehensive Plan the city has
za entered into a contractual agreement with Ground Rules, Inc. an Indianapolis, Indiana
zs corporation, to update and develop the city's local zoning ordinances and subdivision
25 standards and construction ordinances in a manner consistent with the findings of the
z~ Comprehensive Plan;
2s
29 WHEREAS, the City of Jeffersonville, the council and its subdivisions have the
3o authority pursuant to Indiana law and local ordinance to develop zoning ordinances,
i establish construction standards and development standards that are promulgated for
z the purpose of providing for the public health, safety and welfare;
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a WHEREAS, by virtue of the relatively higher density of multi-family residential
s developments, increased numbers of persons are concentrated into a smaller
6 geographic area, exacerbating concerns over the adequacy of design parameters,
~ including but not limited to consideration for fire protection, crime prevention, recreation
s and open space areas, and other amenities the provide residents of multi-family
9 dwelling units which define their quality of life;
~o
it WHEREAS, multiple family residential development increases the demand for
iz Emergency Services responses by concentrating greater numbers of persons in smaller
~s geographic areas, warranting particular study attention;
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~s WHEREAS, concerns have been expressed by the city council members as to
~6 the adequacy of the City's current multi-family residential development standards as it
relates to the facilitation of the City's ability to respond to Emergency Service needs,
~s and to adequately anticipate and implement crime prevention techniques that should be
r9 considered as a part of the multi-family residential development process;
zo
zi WHEREAS, by virtue of the relatively higher density of multi-family residential
zz developments, increased numbers of young citizens are concentrated into a smaller
z3 geographic area, exacerbating concerns over the adequacy of the Greater Clark County
za School Corporation to provide for schools, educational needs and other necessary
zs services for young Jeffersonville residents;
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r WHEREAS, by virtue of the relatively higher density of multi-family residential
z developments an increase in the stress upon the City's infrastructure, sewers, roads
3 and streets, police, fire and schools will naturally occur. The increase upon these
a services can result in an increased reliance upon the taxpayer to fund these needs by
s paying additional tax revenue;
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~ WHEREAS, in order to insure that the city's zoning ordinances are consistent
s with the comprehensive plan it is necessary that the city immediately suspend the
9 issuance, review and approval of any new proposals for multi-family dwellings or the re-
ro zoning of property for the purpose of changing zoning to accommodate the
it development of multi-family dwellings;
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13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ra JEFFERSONVILLE DOES HEREBY ORDAIN AS FOLLOWS:
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rb One: The City Council of Jeffersonville, Indiana hereby finds and
declares that there is an urgent need to enact an emergency
ra interim ordinance declaring a moratorium on the acceptance of
r9 applications for multi-family residential development within the City
zo of Jeffersonville, subject to the findings and conditions contained in
zr this ordinance because the Ciry intends to review and potentially
zz prepare amendments to the multi-family residential development
zs standards in order address concerns regarding quality of life,
za emergency services, educational needs of the community,
zs recreational needs, and crime prevention. Continuing to accept
zb applications for development of multi-family residential projects
z~ while review is being conducted may preclude the City from
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implementing the appropriate revised standards proposed during
the study period. Based on the foregoing, the Jeffersonville City
Council does hereby declare that this emergency ordinance is
necessary to protect the public health, safety and welfare to
prohibit the new applications for multi-family residential projects
while the current development standards for multi-family residential
projects are reviewed and proposals are made for the modifications
of these regulations consistent with the newly developed
Jeffersonville Comprehensive Plan;
TWO: The Jeffersonville City Council hereby declares a moratorium on
the filing, processing and approval of any applications for multi-
family residential projects or developments within the City of
Jeffersonville, Indiana;
THREE: This moratorium shall become effective immediately upon the
adoption and shall remain in full force and effect for one hundred
and twenty days (120) from the date of the adoption unless
rescinded, amended or otherwise changed by the Jeffersonville
City Council pursuant to the laws and procedures of the State of
Indiana.
This Ordinance shall be in full force and effect from and after its passage by the
Jeffersonville Ciry Council.
Voted For:
Voted Against:
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a Passed this ~ day of , 2008.
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1z M yor homes Galligan
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]s Attest: ~ r l~n
15 Pegg Idea Clerk-Treasurer
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]s Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of said
19 City of Jeffersonville, Indiana on this ~ day of ~'~ , 2008
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zl L~.f P/~
zz Peg ilder, Clerk-Treasurer
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za This ordinance approved and signed by Thomas Galligan, Mayor of the City of
zs Jeffersonville, Indiana on this ~ day of L~~kA'~ 008.
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z9 Thomas Galligan, Ma or