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Legislation #: 140143 Introduction Date: 2/20/2014
Type: Resolution Effective Date: none
Sponsor: COUNCILMEMBER MARCASON AND COUNCILMEMBER SHARP
Title: Establishing an additional priority for the Missouri General Assembly’s 2014 Legislative Session which expresses the City’s opposition to bills which will erode the City’s local zoning authority.

Legislation History
DateMinutesDescription
2/20/2014 Filed by the Clerk's office
2/20/2014 Immediate Adoption of Resolution
2/20/2014 Councilmember Marcason (Second by Sharp) Move to Adopt
2/20/2014 Adopted

View Attachments
FileTypeSizeDescription
140143.docx Post Passage Document 28K Letter
140143.pdf Authenticated 168K Authenticated

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RESOLUTION NO. 140143

Establishing an additional priority for the Missouri General Assembly’s 2014 Legislative Session which expresses the City’s opposition to bills which will erode the City’s local zoning authority.

WHEREAS, several bills are pending before the Missouri House and Senate which will diminish local authority on zoning and land use; and

WHEREAS, land use is a traditionally a local matter, and the State has appropriately lodged zoning authority in local government since 1925; and

WHEREAS, the City uses its local zoning authority to protect its neighborhoods, commercial corridors, and its beautiful parkway and boulevard system, and the City opposes any legislation that would usurp this authority; and

WHEREAS, Senate Bill 650 and House Bill 1454 would render invalid several of the City’s current zoning restrictions on wireless towers and antennas, including bond requirements to insure the removal of abandoned towers, requirements that public safety communications equipment be allowed to co-locate, landscaping requirements for equipment, and requirements regarding co-location of antennas on existing structures, and

WHEREAS, Senate Bill 866 and House Bill 1681 would eliminate the City’s zoning authority with regard to installment lenders, and would force the City to treat those lenders more favorably than other short-term lenders that have the same land use impact on our community; and

WHEREAS, the City Council established its 2014 state legislative agenda for the Missouri General Assembly’s 2014 Legislative Session in Resolution Nos. 130959 and 140065, as amended; and

WHEREAS, the City desires to include an additional priority in its state legislative agenda for the Missouri General Assembly’s 2014 Legislative Session to state its opposition to measures that would erode the City’s zoning authority; NOW, THEREFORE,

  BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

  That the City adopts the following additional major priority and position as part of its state legislative agenda for the Missouri General Assembly’s 2014 Legislative Session:

 Protecting the City’s Local Zoning Authority. The City opposes any legislation that would erode the City’s traditional zoning authority, which the City has exercised since the 1920’s. The City therefore opposes the following pending measures:

1. Senate Bill 650 and House Bill 1454 which would severely limit the City’s ability to regulate wireless towers, antennas and related equipment. The City has worked cooperatively with the wireless industry to provide and approve appropriate locations for these facilities, while protecting our neighborhoods and streetscapes from inappropriate intrusions. These bills would take away the City’s local control in this area.

 

2. Senate Bill 866 and House Bill 1681 which would eliminate the City’s zoning authority with regard to installment lenders. The City has enacted reasonable zoning regulations applicable to these lenders, and has successfully defended these regulations in state and federal court against challenges from the installment loan industry. These bills would undo the City’s efforts to protect its neighborhoods and commercial corridors from the harm caused by these lenders.

BE IT FURTHER RESOLVED, that this Resolution be spread upon the Minutes of the Council in testimony thereof and that a copy hereof be provided by the City Clerk to all members of the Kansas City legislative delegation to the Missouri General Assembly and to the Missouri Municipal League.

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