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Legislation #: 160026 Introduction Date: 1/14/2016
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving the second amendment to the development plan of Oak Street Redevelopment Corporation for the redevelopment of an area bounded by Truman Road (15th Street), Oak Street, 17th Street, and a portion of Grand Avenue and McGee Street; and directing the City Clerk to transmit copies of this ordinance.

Legislation History
DateMinutesDescription
1/11/2016 Filed by the Clerk's office
1/14/2016 Referred to Planning, Zoning & Economic Development Committee
1/20/2016 Advance and Do Pass, Debate
1/21/2016 Held on Docket (3/3/2016)
3/3/2016 Held on Docket (4/7/2016)
4/7/2016 Held on Docket (4/21/2016)
4/21/2016 Held on Docket (5/26/2016)
5/26/2016 Passed

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ORDINANCE NO. 160026

 

Approving the second amendment to the development plan of Oak Street Redevelopment Corporation for the redevelopment of an area bounded by Truman Road (15th Street), Oak Street, 17th Street, and a portion of Grand Avenue and McGee Street; and directing the City Clerk to transmit copies of this ordinance.

 

WHEREAS, Oak Street Redevelopment Corporation (“Developer”), an urban redevelopment corporation organized under and pursuant to the Urban Redevelopment Corporations Law of the Revised Statutes of Missouri, as amended (the "Act"), did on August 16, 2002, file with the City Clerk an application for approval of a development plan (“Development Plan”), prepared in accordance with the Act and Chapter 74, Code of Ordinances ("Chapter 74"), which contemplated the redevelopment of a tract of land of approximately 6.7 acres generally located east of Grand Avenue, south of 16th Street and Truman Road, west of Oak Street and north of 17th Street (“Redevelopment Area”); and

 

WHEREAS, the City Council of Kansas City, Missouri, did on October 17, 2002, pass Committee Substitute for Ordinance No. 021114, As Amended, which ordinance approved the application and Development Plan and authorized and directed the Director of Finance to enter into a redevelopment contract with Developer; and

 

WHEREAS, Developer and the City of Kansas City, Missouri (“City”) entered into a redevelopment contract dated October 28, 2002 (“Redevelopment Contract”), providing for the implementation of the Development Plan, which Redevelopment Contract was recorded with the Jackson County, Missouri, Recorder of Deeds on October 29, 2002, as Instrument No. 2002K0070800; and

 

WHEREAS, in December 2014, Developer submitted an application to amend the Development Plan to the Kansas City Chapter 353 Advisory Board (“Board”) to extend the abatement of taxes in the Redevelopment Area and modify the agreement for payments in lieu of taxes, and subsequently submitted its proposed amendment to the Development Plan to the Board; and

 

WHEREAS, the Developer and the Board provided such notice as is required by the Act and Chapter 74 and on June 24, 2015, held a public hearing on the amendment; and

 

WHEREAS, the City Council of Kansas City, Missouri, did on July 16, 2015, pass Committee Substitute for Ordinance No. 150548, As Amended, which ordinance approved the amendment to the Development Plan and authorized and directed the Director of City Development to enter into an amendment to the Redevelopment Contract; and

 

WHEREAS, Developer and the City entered into an amendment to the Redevelopment Contract dated September 24, 2015 (“Amendment”), which Amendment was recorded with the Jackson County, Missouri, Recorder of Deeds on October 13, 2015, as Instrument No. 2015E0092562; and

 

WHEREAS, in November 2015, Developer submitted an application for a second amendment to the Development Plan to the Board, which second amendment (“Second Amendment”) would revise the property included within the Redevelopment Area to remove a portion of a parking lot that had never received tax abatement; and

 

WHEREAS, the Developer and the Board provided such notice as is required by the Act and Chapter 74 and on December 16, 2015, held a public hearing on the Second Amendment; and

 

WHEREAS, Developer has complied with all the requirements imposed upon it by the Act and Chapter 74; and

 

WHEREAS, review by the City Plan Commission was not required as implementation of the Second Amendment would not require any changes to the existing zoning and is otherwise in compliance with the Comprehensive Plan; and

 

WHEREAS, the Board, after fully considering the Second Amendment and the documents and testimony submitted in connection therewith, recommended approval of the application for the Second Amendment, and transmitted its recommendation to the City Council; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City Council, having reviewed the Second Amendment (as the same is on file with the Board and is incorporated herein by reference), approves the Second Amendment to the Development Plan.

 

Section 2. That, because the portion of the parking lot being removed from the Redevelopment Area had not received any tax abatement benefits under the Development Plan and Redevelopment Contract, an amendment to the Redevelopment Contract is unnecessary.

 

Section 3. That all other rights, duties and obligations of Developer under the Development Plan not affected by the Second Amendment, and under the Redevelopment Contract, as amended, shall remain in full force and effect.

 

Section 4. That the City Clerk shall send a copy of this ordinance to the County Clerk and County Executive of Jackson County, Missouri.

 

_____________________________________________

  

Approved as to form and legality:

 

 

_______________________________

Brian T. Rabineau

Assistant City Attorney