On Motion Of, Seconded by , the Following Ordinance Was Offered s1

On motion of, seconded by , the following ordinance was offered:

SUMMARY NO. 23819 ORDINANCE

An ordinance to amend Chapter 40, Zoning, of the Jefferson Parish Code of Ordinances by amending and establishing regulations for off-track wagering facilities in appropriate zoning districts and providing for related matters. (Parishwide)

WHEREAS, Resolution No. 120434, adopted February 27, 2013, authorized the Planning Department to conduct a study of the regulations regarding off-track wagering facilities; and

WHEREAS, the existing code language does not clearly state if the criteria required in C-2 district is also required in OW-1, M-1, M-2, U-1 districts; and WHEREAS, the C-2, OW-1, M-1, M-2, M-3, and U-1 districts are intended for higher intensity commercial or industrial uses; and OTW facilities are appropriate land uses in these districts when subject to criteria that protect nearby residential uses, ensure safe and efficient vehicular access, and promote quality development; and

WHEREAS, a public hearing was held by the Planning Advisory Board in accordance with law. Now, therefore,

THE JEFFERSON PARISH COUNCIL HEREBY ORDAINS:

SECTION I. That CHAPTER 40. ZONING, ARTICLE XXVIII. GENERAL COMMERCIAL DISTRICT C-2. Sec. 40-522. Permitted Uses, subsection (17) is hereby amended to read as follows:

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(17) Off-track wagering facilities provided the following requirements are met:

a. The distance between any off-track wagering facility and the following residential zoning districts: Suburban District (S1), Single-Family Residential District (R1A), Suburban Residential District (R1B), Rural Residential District (R1C), Rural Residential District (R1D), Manufactured Home District (R1MH), Two-Family Residential District (R2), Three- and Four-Family Residential District (RR3), Townhouses (R1TH), Condominiums (R1CO), Core District Residential (CDR), and Multiple-Family Residential (R3); or between any off-track wagering facility and a dwelling, school, child care center, religious institution, park, recreational area, museum, community center, or public library shall be a minimum of five hundred (500) feet, measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the off-track wagering facility to the closest property line of the residential zoning district or dwelling, school, child care center, religious institution, park, recreational area, museum, community center, or public library.

b. The facility shall be subject to the regulations and requirements of this chapter for height, yards, signs, off-street parking, clear vision area, and loading; and to the landscape, buffer and general design standards of Article XXV, Mixed-Use Corridor District (MUCD), Sec. 40-446 and 40-447 of this chapter. Only the Parish Council may grant variances to these development regulations and requirements. If the site is overlaid with the Commercial Parkway Overlay Zone (CPZ), the MUCD standards shall prevail for landscaping, buffering, and general design, and the stricter of the CPZ or the underlying zoning shall prevail for all other standards.

c. Primary access to the off-track wagering facility shall be located on a major or minor arterial as shown on the Jefferson Parish Thoroughfare Plan. Secondary access may be located on a collector street if the access is located within two hundred (200) feet of the street providing primary access to the site, measured in a straight line from the lot line at the primary street frontage, along the lot line where the secondary access is proposed. A Traffic Impact Analysis in accordance with Sec. 33-7.5 of this code may be required by the Planning Director, Public Works Director, or Parish Traffic Engineer when it is determined that such report is necessary to determine needed road improvements or that no unsafe or hazardous conditions will be created by the development as proposed.

d. The off-track wagering facility shall be subject to the development review procedures of the Mixed Use Corridor District (MUCD), Sec. 40-449 of this chapter.

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SECTION II. That CHAPTER 40. ZONING, ARTICLE XXIX. OFFICE WAREHOUSE DISTRICT OW-1. Sec. 40-542. Permitted uses, is hereby amended by adding a new number (7) to read as follows:

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(7) Off-track wagering facilities with the criteria listed in Article XXVIII, General Commercial District C-2 of this chapter.

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SECTION III. That CHAPTER 40. ZONING, ARTICLE XXX. INDUSTRIAL DISTRICT M-1. Sec. 40-562. Permitted Uses, is hereby amended by adding a new letter (f) to read as follows:

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(f) Off-track wagering facilities provided the following requirements are met:

a. The distance between any off-track wagering facility and the following residential zoning districts: Suburban District (S1), Single-Family Residential District (R1A), Suburban Residential District (R1B), Rural Residential District (R1C), Rural Residential District (R1D), Manufactured Home District (R1MH), Two-Family Residential District (R2), Three- and Four-Family Residential District (RR3), Townhouses (R1TH), Condominiums (R1CO), Core District-Residential (CDR), and Multiple-Family Residential (R3); or between any off-track wagering facility and a dwelling, school, child care center, religious institution, park, recreational area, museum, community center, or public library shall be a minimum of five hundred (500) feet, measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the off-track wagering facility to the closest property line of the residential zoning district or dwelling, school, child care center, religious institution, park, recreational area, museum, community center, or public library.

c. Primary access to the off-track wagering facility shall be located on a major arterial, minor arterial, collector, or neighborhood collector as shown on the Jefferson Parish Thoroughfare Plan. A Traffic Impact Analysis in accordance with Sec. 33-7.5 of this code may be required by the Planning Director, Public Works Director, or Parish Traffic Engineer when it is determined that such report is necessary to determine needed road improvements or that no unsafe or hazardous conditions will be created by the development as proposed.

d. The off-track wagering facility shall be subject to the development review procedures of Mixed Use Corridor District (MUCD) Sec. 40-449 of this chapter.

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SECTION IV. That CHAPTER 40. ZONING, ARTICLE XXXI, INDUSTRIAL DISTRICT M-2. Sec. 40-582. Permitted uses, is hereby amended by adding a new number (65) to read as follows:

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(65) Off-track wagering facilities with the criteria listed in Article XXX, Industrial District M-1 of this chapter.

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SECTION V. That CHAPTER 40. ZONING, ARTICLE XXXII, INDUSTRIAL DISTRICT M-3. Sec. 40-602. Permitted uses, number (3) is hereby amended by adding a new letter r. to read as follows:

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r. Off-track wagering facilities with the criteria listed in Article XXX, Industrial District M-1 of this chapter.

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SECTION VI. That CHAPTER 40. ZONING, ARTICLE XXXIV UNRESTRICTED DISTRICT U-1. Sec. 40-642. Permitted uses, is hereby amended by adding a new number (16) to read as follows:

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(16) Off-track wagering facilities with the criteria listed in Article XXX, Industrial District M-1 of this chapter.

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This ordinance having been submitted to a vote, the vote thereon was as follows:

YEAS: NAYS: ABSENT:

This ordinance was declared to be adopted on the 14th day of August, 2013, and shall become effective as follows, if signed forthwith by the Parish President, ten (10) days after adoption; thereafter, upon the signature by the Parish President, or, if not signed by the Parish President, upon expiration of the time for ordinances to be considered finally adopted without the signature of the Parish President, as provided in Section 2.07 of the Charter. If vetoed by the Parish President and subsequently approved by the Council, this ordinance shall become effective on the day of such approval.