HomeMy WebLinkAbout2018-OR-17 STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2018-OR- /
AN ORDINANCE AMENDING THE JEFFERSONVILLE ZONING ORDINANCE (2000-
OR-61) TO AMEND THE STANDARDS FOR FILLING/GAS STATIONS IN ARTICLE
7 AS RECOMMENDED BY THE PLAN COMMISSION
Whereas, Jeffersonville Department of Planning and Zoning filed a petition before
the Jeffersonville Plan Commission to amend the Jeffersonville Zoning Ordinance (2000-OR-61)
to amend the Standards for filling/gas stations in Article 7 as recommended in the staff report(a
copy of which is attached as Exhibit "A"); and,
Whereas, on February 27, 2018 the Jeffersonville Plan Commission certified its
favorable recommendation of the enactment of this proposed zoning ordinance amendment by
ordinance of this Common Council; and,
Whereas, this matter is now before the Common Council at its regular meeting after
certification of the proposed change of zoning map designation pursuant to the provisions of I.C.
36-7-4-608(0(1); and,
Whereas, this Common Council has timely posted notice of its intent to consider the
proposed change of zoning map designation at the regular meeting scheduled for March 5,
2018; and,
Whereas, all interested persons having been given an opportunity to appear before this
Common Council and be heard regarding this matter as required by law.
Now, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Jeffersonville, Indiana, that the Jeffersonville Zoning Ordinance (2000-OR-61) is hereby
amended to amend the Standards for filling/gas stations in Article 7 as recommended in the staff
report (a copy of which is attached as Exhibit "A").
IT IS FURTHER ORDAINED that the zoning map of the City of Jeffersonville shall be
amended to include such change.
This ordinance shall be in full force and effect upon its adoption.
SO ORDAINED this .5 day of March, 2018.
aoiY-OR47
Common Council of the City of Jeffersonville, Indiana
VO E I F(` ' • VOTED AGAINST:
Lire
ILLJI
'NM
A1. cria-A,
Lissa Gill, President
A' `T T: ecyjiz
Vicki Conlin
City Clerk
Presented to me as Clerk to the Mayor of said City of Jeffersonville this
day of March, 2018. &J,e4D
Vicki Conlin
�City Clerk
q
This Ordinance approved and signed by me this / da lof ch,
2018.
ike Moor, , Mayor
Prepared by:
Les Merkley
Corporate Counsel
Exhibit "A"
STAFF REPORT
`v Department of Planning & Zoning — Plan Commission
Case Number: ZO-18-01 (Gas Station Standards Update)
Petitioner: City of Jeffersonville, Planning & Zoning Department
Requests: Zoning Ordinance Amendment
Hearing Date: February 27, 2018
Proposed Changes to the Jeffersonville Zoning Ordinance
The Jeffersonville City Council has requested the following amendment to the City of
Jeffersonville Zoning Ordinance. The update includes:
1. To amend the standards for filling/gas stations in Article 7 of the Jeffersonville
Zoning Ordinance.
Gas Station Standards Update
The gas station standards update will amend Article 7.30, GS-01. The changes to the
current standard shall state that no more than one filling/gas station may be located
within 5,280 feet (one mile) of an existing filling/gas station.
The full list of changes can be found in Exhibit A.
Exhibit "A"
Filling / Gas Station (GS)
7.30 Filling/Gas Station (GS)
GS-oi: This Filling/Gas Station Standards section applies to the following districts:
NC,HC,Cl,C2,IR,NI,I1,I2
A. Any property that is primarily used for the storage/sale of gasoline,diesel,natural
gas or alternative fuels shall not be located within 2,640 feet(1/2 mile) of a primary
or secondary school.
B. No more than one filling/gas station use may be located within 5,280 feet(one
mile)of an existing filling/gas station.
C. The distances above shall be determined by measuring in all directions from
the real property lines and are inclusive of Right-of-Way.
D. Any filling/gas station lawfully operating on the date this ordinance is passed
and adopted,that is in violation shall be deemed a nonconforming use. The
nonconforming use will be permitted to continue. Such nonconforming uses
shall not be increased,enlarged,extended,or altered except that the use may
be changed to a conforming use.
Page 2 of 2 ZO-18-01 Filling/Gas Station Update
....._... .. .
RESOLUTION NO. 2017-R- /3
BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE
IN THE STATE OF INDIANA
RESOLUTION REFERRING PROPOSAL
TO AMEND ZONING ORDINANCE PERTAINING
TO FILLING/GAS STATION STANDARDS
WHEREAS, the Common Council of the City of Jeffersonville, Indiana
(hereinafter the Council) believes that in order to best protect the public health, safety
and welfare, it is necessary to amend the existing zoning ordinance; and
WHEREAS in order to amend the existing zoning ordinance, the Council must
refer its proposal for amendment to the Jeffersonville Plan Commission for its
consideration and recommendation pursuant to the requirements of I.C. 36-7-4-607(b).
NOW THEREFORE the Council does hereby refer a proposal for amendment to
the Jeffersonville Zoning Ordinance attached hereto as Exhibit "A" (An Ordinance
Amending 2000-OR-61 of the Jeffersonville Zoning Code Regarding Filling/Gas Station
Standards)to the Plan Commission for its consideration and recommendation pursuant
to I.C. 36-7-4-607.
This Resolution shall be in full force and effect after its passage by the Council,
and approval by the Mayor.
Voted a;r 0\ili./ to g inst:
ral
w w r4
[1L'ir7lLll r
altllllllr7/111re •
AlIFMIENIM
L 7 'Jk
Passed and adopted this 0 day of ketA/rniuz. 2072, by the
Common Council of the City of Jeffersonville, Clark County, Indiana.
PresidingLisa Gill, Officer
and Council President
ATTEST: /L4,
Vicki Conlin
Clerk
Presented by me as Clerk to the Mayor of said City of Jeffersonville at
-m-$n this SO day of , y-- , 2017.
1,--- -6'-21,7"`-----
Vic i Conlin
Clerk
Approved and signed by me at m. on is 1 day of ,
2017. I I
Mike Moi re, Mayor
Vetoed by me at m. on this day of , 2017.
Mike Moore, Mayor
EXHIBIT "A"
PROPOSAL TO AMEND ZONING ORDINANCE:
AN ORDINANCE AMENDING 2000-OR-61
OF THE JEFFERSONVILLE ZONING CODE REGARDING FILLING/GAS STATION STANDARDS
Exhibit "A"
'. Y (�,
STAFF REPORT
r a,Department of Planning & Zoning — Plan Commission
sora
Case Number: ZO-18-01 (Gas Station Standards Update)
Petitioner: City of Jeffersonville, Planning & Zoning Department
Requests: Zoning Ordinance Amendment
Hearing Date: February 27, 2018
Proposed Changes to the Jeffersonville Zoning Ordinance
The Jeffersonville City Council has requested the following amendment to the City of
Jeffersonville Zoning Ordinance. The update includes:
1. To amend the standards for filling/gas stations in Article 7 of the Jeffersonville
Zoning Ordinance.
Gas Station Standards Update
The gas station standards update will amend Article 7.30, GS-01. The changes to the
current standard shall state that no more than one filling/gas station may be located
within 5,280 feet (one mile) of an existing filling/gas station.
The full list of changes can be found in Exhibit A.
Exhibit "A"
Filling I Gas Station (GS)
7.30 Filling 1 Gas Station (GS)
GS-o1: This Filling/Gas Station Standards section applies to the following districts:
NC,HC,CI,C2,IR, NI,11, 12
A. Any property that is primarily used for the storage/sale of gasoline, diesel, natural
gas or alternative fuels shall not be located within 2,640 feet(1/2 mile)of a primary
or secondary school.
B. No more than one filling/gas station use may be located within 5,280 feet(one
mile)of an existing filling/gas station.
C. The distances above shall be determined by measuring in all directions from
the real property lines and are inclusive of Right-of-Way.
D. Any filling/gas station lawfully operating on the date this ordinance is passed
and adopted, that is in violation shall be deemed a nonconforming use. The
nonconforming use will be permitted to continue. Such nonconforming uses
shall not be increased,enlarged,extended, or altered except that the use may
be changed to a conforming use.
Page 2 of 2 ZO-18-01 Filling/Gas Station Update
v
° ::•° �:. STAFF REPORT
fi° r ,IN.
Department of Planning & Zoning — Plan Commission
Case Number: ZO-18-01 (Gas Station Standards Update)
Petitioner: City of Jeffersonville, Planning & Zoning Department
Requests: Zoning Ordinance Amendment
Hearing Date: February 27, 2018
Proposed Changes to the Jeffersonville Zoning Ordinance
The Jeffersonville City Council has requested the following amendment to the City of
Jeffersonville Zoning Ordinance. The update includes:
1. To amend the standards for filling/gas stations in Article 7 of the Jeffersonville
Zoning Ordinance.
Gas Station Standards Update
The gas station standards update will amend Article 7.30, GS-01. The changes to the
current standard shall state that no more than one filling/gas station may be located
within 5,280 feet (one mile) of an existing filling/gas station.
The full list of changes can be found in Exhibit A.
Exhibit "A"
Filling / Gas Station (GS)
7.30 Filling/Gas Station (GS)
GS-o1: This Filling/Gas Station Standards section applies to the following districts:
NC,HC,CI,C2, IR,NI,11,12
A. Any property that is primarily used for the storage/sale of gasoline, diesel, natural
gas or alternative fuels shall not be located within 2,640 feet(1/2 mile)of a primary
or secondary school.
B. No more than one filling/gas station use may be located within 5,280 feet(one
mile)of an existing filling/gas station.
C. The distances above shall be determined by measuring in all directions from
the real property lines and are inclusive of Right-of-Way.
D. Any filling/gas station lawfully operating on the date this ordinance is passed
and adopted, that is in violation shall be deemed a nonconforming use. The
nonconforming use will be permitted to continue. Such nonconforming uses
shall not be increased,enlarged, extended,or altered except that the use may
be changed to a conforming use.
Page 2 of 2 ZO-18-01 Filling/Gas Station Update
RESOLUTION NO. 2017-R- 13
BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE
IN THE STATE OF INDIANA
RESOLUTION REFERRING PROPOSAL
TO AMEND ZONING ORDINANCE PERTAINING
TO FILLING/GAS STATION STANDARDS
WHEREAS, the Common Council of the City of Jeffersonville, Indiana
(hereinafter the Council) believes that in order to best protect the public health, safety
and welfare, it is necessary to amend the existing zoning ordinance; and
WHEREAS in order to amend the existing zoning ordinance, the Council must
refer its proposal for amendment to the Jeffersonville Plan Commission for its
consideration and recommendation pursuant to the requirements of I.C. 36-7-4-607(b).
NOW THEREFORE the Council does hereby refer a proposal for amendment to
the Jeffersonville Zoning Ordinance attached hereto as Exhibit "A" (An Ordinance
Amending 2000-OR-61 of the Jeffersonville Zoning Code Regarding Filling/Gas Station
Standards)to the Plan Commission for its consideration and recommendation pursuant
to I.C. 36-7-4-607.
This Resolution shall be in full force and effect after its passage by the Council,
and approval by the Mayor.
Voted .rdo" V.tej
A '
g:inst:
Ai� 1 i
AffffilNreA
AFATIMII
CLAAkUWJIk
Passed and adopted this 18 day of ,(,..cef2 , 2072, by the
Common Council of the City of Jeffersonville, Clark County, Indiana.
Lisa Gil , Presiding Officer
and Council President
ATTEST:
d,414,
Vicki Conlin
Clerk
Presented by me as Clerk to the Mayor of said City of Jeffersonville at
-m,-on this SO day of , ,„r,tQ—_ , 2017.
Vic i Conlin
Clerk
Approved and signed by me at m. on is day of
2017.
Mike Moi re, Mayor
Vetoed by me at m. on this day of , 2017.
Mike Moore, Mayor
EXHIBIT "A"
PROPOSAL TO AMEND ZONING ORDINANCE:
AN ORDINANCE AMENDING 2000-OR-61
OF THE JEFFERSONVILLE ZONING CODE REGARDING FILLING/GAS STATION STANDARDS
ORDINANCE NO. 2017-OR-
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
STATE OF INDIANA
AN ORDINANCE AMENDING 2000-OR-61
(JEFFERSONVILLE ZONING CODE)
REGARDING FILLING/GAS STATION STANDARDS
WHEREAS, the Common Council for the City of Jeffersonville (the "Council") is
the legislative body with the statutory authority to adopt ordinances for the protection
and promotion of the public health, safety and general welfare
WHEREAS, the Council finds that the existing zoning laws and regulations do
not adequately address the location and operation of filling/gas stations within the City
of Jeffersonville; and
WHEREAS, the Council believes further regulation as to the location of new
filling/gas stations is necessary in order to limit or curb negative impacts created by
these establishments, such as traffic congestion, environmental contamination and
other secondary impacts on surrounding properties; and
WHEREAS, the Common Council has previously imposed a moratorium on the
establishment of new filling/stations (Ordinance No. 2017-OR-62) until the Council had
an opportunity to adequately consider a proposal to amend the Jeffersonville Zoning
Ordinance to regulate the location of filling/gas stations; and
WHEREAS, the Common Council, after further consideration, finds that, due to
the significant, potential negative impacts associated with the location of an excessive
number filling/gas stations within a geographical area, it is necessary to implement
certain regulations as to the location of new filling/gas stations in the City of
Jeffersonville; and
WHEREAS, the Common Council finds that the adoption of this Ordinance is
necessary in order to protect the public health, safety and welfare;
NOW THEREFORE BE IT ENACTED by the Common Council for the City of
Jeffersonville, Clark County, Indiana that the Jeffersonville Zoning Ordinance
(Ordinance No. 2000-OR-61, as amended) is hereby amended as follows:
7.30 Filling/Gas Stations (GS)
GS-01: This Filling/Gas Station Standards section applies to the
following districts:
NC, HC, C1, C2, IR, N1, 12, 12
A. Any property that is primarily used for the storage/safe of
gasoline, diesel, natural gas or alternative fuels shall not be located within
2,640 feet (1/2 miles) of a primary or secondary school.
B. No more than one (1) filling/gas station may be located within
5,280 feet (1 mile)from another filling/gas station.
C. The distances above shall be determined by measuring in all
directions from the real property lines and are inclusive of Right-of-Way.
IT IS FURTHER ORDAINED by the Common Council for the City of
Jeffersonville, Clark County, Indiana that:
Any filling/gas station lawfully operating on the date this Ordinance is
passed and adopted, that is in violation shall be deemed nonconforming
use. The nonconforming use will be permitted to continue. Such
nonconforming uses shall not be increased, enlarged, extended, or altered
except that the use may be changed to a conforming use.
IT IS FURTHER ORDAINED by the Common Council for the City of
Jeffersonville, Clark County, Indiana that:
Ordinance No. 2017-OR-62 (An Ordinance Establishing a
Temporary Moratorium on New Gas Stations) is repealed upon the
adoption this ordinance.
This Ordinance shall be in full force and effect after its passage by the Council,
approval by the Mayor and the Jeffersonville Plan Commission.
Voted For: Voted Against:
SO ORDIANED this day of 2017, by the
Common Council of the City of Jeffersonville, Clark County, Indiana.
Lisa Gill, Presiding Officer
and Council President
ATTEST:
Vicki Conlin
Clerk
Presented by me as Clerk to the Mayor of said City of Jeffersonville at
m. on this day of , 2017.
Vicki Conlin
Clerk
Approved and signed by me at m. on this day of ,
2017.
Mike Moore, Mayor
Vetoed by me at m. on this day of , 2017.
Mike Moore, Mayor
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN THE APPLICATION OF
Jeffersonville Department of Planning& Zoning
TO AMEND THE JEFFERSONVILLE ZONING ORDINANCE
CERTIFICATION OF FAVORABLE RECOMMENDATION OF PROPOSED
ORDINANCE
Whereas, the Jeffersonville Department of Planning&Zoning filed a petition before the
Jeffersonville Plan Commission to amend the City of Jeffersonville Zoning Ordinace(2000-OR-
61), amending the Gas Station Standards in Article 7 as recommended in the staff report (a copy
of which is attached as Exhibit"A"); and,
Whereas,after proper notice by publication, the Jeffersonville Plan Commission held a
public hearing on the petition on February 27,2018; and,
Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a
majority vote of its entire membership to Favorably Recommend the proposed amendment
to the Jeffersonville Common Council.
IT IS THEREFORE CERTIFIED that on February 27, 2018, the Jeffersonville Plan
Commission favorably recommends that the Jeffersonville Common Council enact by ordinance
the proposed City of Jeffersonville Zoning Ordinance as requested in the petition of
Jeffersonville Department of Planning&Zoning.
So certified this 27th Day of February, 2018.
. _ / �w Are'J4—
Chairperson
CITY OF JEFFERSONVILLE
DEPARTMENT OF LAW
Les Merkley,Corporation Counsel/Director of Legal Affairs
y/GST Y pF
Su
,, �� �, 0 812-285-6493 office
" �� I� N 812-285-6403 fax
www.cityofjeff.net
%?S'01` Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville,Indiana 47130
BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA
IN THE MATTER OF THE ORDINANCE AMENDING THE JEFFERSONVILLE
ZONING ORDINANCE (2000-OR-61) TO AMEND THE STANDARDS FOR
FILLING/GAS STATIONS IN ARTICLE 7 OF THE JEFFERSONVILLE ZONING
ORDINANCE AS RECOMMENDED IN THE STAFF REPORT (A COPY OF WHICH
IS ATTACHED AS EXHIBIT"A")
NOTICE OF HEARING ON ORDINANCE AMENDING JEFFERSONVILLE
ZONING ORDINANCE (2000-OR-61) TO AMEND THE STANDARDS FOR
FILLING/GAS STATIONS IN ARTICLE 7 AS RECOMMENDED BY PLAN
COMMISSION
Notice is hereby given that the Jeffersonville Plan Commission has filed
Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for an
Amendment of the Jeffersonville Zoning Ordinance (2000-OR-61) to amend the
standards for filling/gas stations in Article 7 as recommended by the Plan Commission in
the staff report (a copy of which is attached as Exhibit"A").
A public hearing will be held on March 5, 2018 at 7:00 p.m. in the City Council
Chambers, 1st floor, City Hall, 500 Quartermaster Court, Room 101, Jeffersonville,
Indiana at which time and place all interested persons will be heard in reference to the
matters set out in said ordinance. _31944jjillac
Les Merkley
City Attorney
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
(812) 285-6423