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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