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Legislation #: 130923 Introduction Date: 11/21/2013
Type: Resolution Effective Date: none
Sponsor: COUNCILMEMBER MARCASON
Title: Declaring a temporary moratorium on the issuance of building permits for the construction of drive-through facilities for any property located within the Downtown Loop of Kansas City.

Legislation History
DateMinutesDescription
11/21/2013 Filed by the Clerk's office
11/21/2013 Referred to Planning, Zoning & Economic Development Committee
11/25/2013 Hold On Agenda (12/4/2013)
12/4/2013 Councilmember Glover (Second by Curls) Move to Advance as Substituted
12/4/2013 Failed
12/11/2013 Hold Off Agenda
1/20/2015 Release
1/14/2015 Release
2/2/2015 Released

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COMMITTEE SUBSTITUTE FOR RESOLUTION NO. 130923

Declaring a temporary moratorium on the issuance of building permits for the construction of drive-through facilities for any property located within the Downtown Loop of Kansas City.

WHEREAS, the City's new Zoning and Development Code was effective on January 1, 2011, and established zoning districts for the Downtown Corridor of Kansas City in order to: (1) implement the goals and policies of the Downtown Area Plan; (2) maintain and enhance the downtown core as a high-intensity, mixed use center; and (3) create and enhance pedestrian-oriented streets to preserve retail vitality and enhance the quality of life for downtown residents, workers, and visitors; and

WHEREAS, a majority of the area within the Downtown Loop is zoned "DC" (Downtown Core) and a small portion of the Downtown Loop remains zoned M-1 (Manufacturing 1); and

WHEREAS, the Downtown Area Plan recommends that the area within the Downtown Loop be zoned "DC" (Downtown Core) to provide for a cohesive and unified zoning and land use classification and a consistent public review process; and

WHEREAS, the DC zoning classification recognized that drive-through facilities may negatively impact the ability of the Downtown area to achieve its goal of creating a high intensity mixed use center that is pedestrian-oriented as drive-through lanes impact a pedestrian's ability to walk free of obstacles and without conflicts with vehicles, and therefore, the DC zoning classification required that any properties in the DC zoning classification obtain a special use permit for any drive-through facilities so that each case and location may be evaluated on an individual basis and provide for a public hearing process to engage adjacent property owners' opinions concerning the impact of a drive-through facility on a particular area of Downtown; and

WHEREAS, the M-1 zoning classification permits drive-through facilities without a public review and hearing process; and

WHEREAS, both the Downtown Area Plan and the Council recognize that drive-through facilities may have an adverse impact on the City's Downtown Core if they are not properly located; and

WHEREAS, an ordinance ("Ordinance") has been introduced to the City Council to require that proposed construction of a drive-through facility within the Downtown Loop be subject to a Development Plan review and approval process as set forth in Section 88-517 of the Zoning and Development Code; and

 WHEREAS, while the Ordinance is pending, Council believes that it is imperative that no permits be issued for the construction of a drive-through facility within the Downtown Loop as defined in the Development Code, that would not be in compliance with the proposed changes while these changes to the Development Code are being considered; NOW, THEREFORE,

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

That the Mayor and Council hereby declare that there is a moratorium on the issuance of building permits for new drive-through facilities or for the expansion of existing drive-through facilities within the Downtown Loop of Kansas City as defined in the Zoning and Development Code that would be in violation of the public review and hearing approval process of the pending Ordinance, Ordinance No. 130932, as introduced, until April 1, 2014, provided that this moratorium shall not apply to the issuance of building permits for a drive-through facility that has obtained a special use permit for said facility through the approval process set forth in Section 88-525 of the Zoning and Development Code.

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