No more drive-thrus?

The Maitland City Council approved the first reading of an ordinance on Monday that would prevent the construction of drive-thru businesses in the city's downtown for one year.

Officials are worried that facilities such as fast food restaurants and banks will affect the plans for Maitland's pedestrian-friendly Town Center. They want a moratorium on such development while an drive-thru impact study is done.

The City Commission voted 4-1 Monday to approve the first reading of the ordinance, and Jan. 25 will be the second and final public hearing. Councilman Jeff Flowers dissented.

As it stands, the ordinance would put a one-year moratorium on drive-thru facilities, with the option of an indefinite extension. Mayor Doug Kinson and Councilwoman Linda Frosch said they'd like to see the moratorium be cut down to six months and the extension option nixed.

Members from the Coalition for Property Rights were at Monday's meeting to campaign against the ordinance.

Kinson said the city is informing all of the downtown property owners of the impending vote.

"They will be given the opportunity to respond," he said. "I kind of feel there aren't a lot of properties that would even be impacted by it."

On Dec. 14, a resolution was passed 4-1, with Flowers dissenting, to reject new drive thru project applications so as to prevent a flow of such applications before the ordinance goes into effect.

Flowers said the city should follow its process for approving ordinances, and that it is unfair to the public.

"I don't like this (resolution)," Flowers said. "It's taking power away from our constitution. It's an absolute insult to the backbone of Maitland… that's not the kind of government I want to live under."

Councilwoman Bev Reponen disagreed, saying the resolution is an act of forward thinking.

"This is a case of getting it right. It's giving us enough time to plan and plan carefully," Reponen said.

City Attorney Cliff Shepard said the moratorium only applies to a development where a drive thru is a component, and existing drive-thru facilities will get exemptions.

"It's not a moratorium on all building permits," he said. "It's a moratorium on those that would address constructing or rebuilding drive-up facilities."

Councilman Phil Bonus said Council is not using a moratorium to revise zoning codes.

"This is a stopgap measure to cure a situation that we see occurring, not just an anti-zoning tool," Councilman Phil Bonus said.

There were no drive-thru projects being reviewed by staff before the resolution was passed.