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Home My WebLink About2025-OR-14 Ordinance for an Update to Article 8 of the UDO as it Relates to Gas Stations STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2025-OR- 1 7 AN ORDINANCE FOR AN UPDATE TO ARTICLE 8 OF THE UNIFIED DEVELOPMENT ORDINANCE AS IT RELATES TO GAS STATIONS Whereas,The Jeffersonville Department of Planning and Zoning filed an application before the Jeffersonville Plan Commission for an update to Article 8 of the Unified Development Ordinance as it relates to Gas Stations and, Whereas, on February 25, 2025 the Jeffersonville Plan Commission held a public hearing on the application and at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership and have a Favorable recommendation on the updates to forward to the Jeffersonville Common Council; and, Whereas,this matter is now before the Common Council at its regular meeting after certification of the updates pursuant to the provisions of I.C. 36-7-4-608(f)(1); and, Whereas,this Common Council has timely posted notice of its intent to consider the Update to Article 8 of the Unified Development Ordinance as it relates to Gas Stations at the regular meeting scheduled for March 3,2025; 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 Unified Development Ordinance (2021-OR-36) is hereby amended approving the Update to Article 8 of the Unified Development Ordinance as it relates to Gas Stations. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this 3rd day of March, 2025. Common Council of the City of Jeffersonville, Indiana VOTED yo •7 V TED A rt , ST: -74 APuLF01,6( ifo/ Evan Stoner, President ATTE T: Lis Gill City Clerk Prepared by: Les Merkley Corporate Counsel or J ° I I ! - s o ! - DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs 812-285-6493 office �o�� o N ' 812-285-6403 fax �a►"� www.cityofjeff.net Jeffersonville City Hall So 500 Quartermaster Court Jeffersonville,Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE APPLICATION OF THE JEFFERSONVILLE DEPARTMENT OF PLANNING AND ZONING FOR AN UPDATE TO ARTICLE 8 OF THE UNIFIED DEVELOPMENT ORDINANCE AS IT RELATES TO GAS STATIONS NOTICE OF HEARING ON APPLICATION OF THE JEFFERSONVILLE DEPARTMENT OF PLANNING AND ZONING FOR AN UPDATE TO ARTICLE 8 OF THE UNIFIED DEVELOPMENT ORDINANCE AS IT RELATES TO GAS STATIONS Notice is hereby given that the Jeffersonville Department of Planning and Zoning filed an application before the Jeffersonville Plan Commission for an update to Article 8 of the Unified Development Ordinance as it relates to Gas Stations. A public hearing will be held on March 3,2025 at 6:00 pm 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 updates. Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812)285-6423 STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN THE APPLICATION OF Jeffersonville Department of Planning & Zoning TO AMEND THE JEFFERSONVILLE UNIFIED DEVELOPMENT ORDINANCE CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO 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 Unified Development Ordinance (2021-OR-36), approving updates to Article 8 as it relates to Gas Stations 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 25,2025 and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to forward their recommendation on the proposed amendment to the Jeffersonville Common Council, IT IS THEREFORE CERTIFIED that on February 25, 2025 , the Jeffersonville Plan Commission (circle one): (Favorably Recommends-TjJnfavorably Recommends/ Provides NO Recommendation that the Jeffersonville Common Council enact by ordinance the proposed Jeffersonville Unified Development Ordinance amendment as requested in the petition of Jeffersonville Department of Planning & Zoning. So certified this 25th day of February 2025 Chairman G,-Ty Planning Commission �W Staff Report y ,�� , fp January 28, 2025 Case No: ZO-25-02 Request: Update to Articles 8 as it relates to Gas T� . :;0,6„ •••.r Stations � `v Petitioner: City of Jeffersonville, Planning & Zoning Department FRS O� Request Update to Articles 8 as it relates to Gas Stations. Case Summary A Planned Development (PD) District is a special zoning district that may be petitioned for by a property owner for the sake of creating more flexibility in the development of land than any single code district can provide. All PD's and, by extension, all uses therein must be approved by City Council. The current location standards for Gas Stations apply to all zone districts including PD's. This assures that the Planning Director cannot approve new stations that do not meet the location standards. Since Council ultimately approves all uses within a PD, we feel that allowing a gas station within a PUD— even if it doesn't meet the locations standards —should be at their discretion. As such, we are amending the standards to give them said authority. The amendment will also note that only one gas station could be constructed in any given PD. Required Action Make a motion to forward the ordinance revision to the Jeffersonville City Council with one of the following options: Favorable Recommendation, Unfavorable recommendation, or No Recommendation. Recommended motion "I make a motion to forward the ordinance update request(ZO-25-02) to the Jeffersonville City Council with(insert recommendation]as presented to the Plan Commission on January 28, 2025. Attachments 1. Ordinance Updates Page 1 of 1 ZO-25-01 Article 8 Special Use Standards Automotive Use Standards (AU) AU-08 Gas Station Standards: The following additional standards apply to Convenience Store with gasoline pumps and/or any other facility that sells gasoline,diesel,or alternative fuels to the public. A. Location: 1. No Convenience Store with gasoline pumps or any other facility that sells fuel to the public shall be located within: a. 2,640 feet(1/2 mile)of a primary or secondary school,and b. 5,280 feet(one mile)of an existing Convenience Store with gasoline pumps or any other facility that sells gas to the public. 2. The distances above shall be determined by measuring in all directions from the real property lines and are inclusive of Rights-of-Way. 3. Any filling/gas station lawfully operating on or before adopted March 5,2018 that is in violation of the above dimensions shall be deemed a non-conforming use.The non-conforming use will be permitted to continue.Such non-conforming uses shall not be increased,enlarged,extended,or altered except that the use may be changed to a conforming use. 4. The above standards shall not apply to a Planned Development,however no Planned Development shall contain more than one convenience store with gasoline pumps. B. Co-location of Auto Sales: The commercial sales of motor vehicles is not permitted on the premises of any business which sells gasoline to the public. Index 2