City Council Agenda and Packet 2023 03 21

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SUBJECT: ORDINANCE NO. 1851, SERIES 2023 DATE: MARCH 21, 2023 PAGE 2 OF 4 2. We recommend eliminating the exception for a seventh gasoline station as part of a marketplace development. LSAB provided a letter to summarize their recommendation, included as Attachment No. 7, and note in their recommendation that they do not believe that this ordinance should be a high priority for the City as it relates to carbon reduction goals. BACKGROUND: On November 1, 2022, the City Council adopted Ordinance 1843, Series 2022 as an emergency ordinance, setting a moratorium on the submittal of land use applications for new gasoline or automobile service stations (see Attachment No. 2). City Council initiated the moratorium following the submittal of a citizen -initiated petition that would ban new gasoline and automobile service stations in all zone districts and not allow building permits for new facilities within 2.5 miles of any existing facility (see Attachment No. 3). The moratorium is in effect until September 30, 2023. The City Clerk approved the form of the petition on October 24, 2022 and the moratorium expiration date of September 30, 2023 was set to provide time to allow the petitioners to gather signatures and an election to take place if the petitioners obtain adequate signatures. The City Council has since added to their 2023 work plan consideration of a city -initiated ordinance regulating new gasoline and automobile service stations. While the petitioners could continue with their initiative, a City -adopted ordinance could address many of the petitioners concerns. The Louisville Municipal Code uses both "Gasoline Service Stations" and "Automobile Service Stations" as terms to denote businesses that sell gasoline and motor fuels. Sec. 17.08.200 - Gasoline service station means a building or premises on or in which the principal use is the retail sale of gasoline, oil or other fuel for motor vehicles; and which may include, as an incidental use only, facilities used for the polishing, greasing, washing or otherwise cleaning or light servicing of motor vehicles; but may not include liquefied -petroleum -gas - distribution facilities, facilities for major repairs of motor vehicles, or rental operations. Sec. 17.72.130 - An automobile service station shall be a retail place of business engaged in the sale of motor fuels and in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorists' needs. Major automotive repairs, painting, body and fender work are prohibited. The Municipal Code limits "Gasoline Service Stations" to certain commercially and industrially zoned districts (B-O, C-N, C-C, C-B, and I districts) and only allows facilities in those districts through Special Review Use approval. The Planned Community Zone District (PCZD) lists "Automobile Service Stations" as permitted uses in areas CITY COUNCIL COMMUNICATION q