ORDINANCE NO. 080975

Approving the Seventh Amendment to the Development Plan submitted by the Front Street and 435 Redevelopment Corporation.

WHEREAS, the Front Street and 435 Redevelopment Corporation, an urban redevelopment corporation of Missouri, organized under and pursuant to the Urban Redevelopment Corporations Act of 1945, as amended, on July 29, 1987, filed with the City Clerk an application for approval of a development plan which was approved by Ordinance No. 61632, passed October 2, 1987; and 

WHEREAS, the Front Street and 435 Redevelopment Corporation filed its First Amendment to the Development Plan which was approved by Ordinance No. 62985, passed September 8, 1988; and

WHEREAS, the Front Street and 435 Redevelopment Corporation filed its Second Amendment to the Development Plan which was approved by Ordinance No. 65496, passed May 17, 1990; and 

WHEREAS, the Front Street and 435 Redevelopment Corporation did file its Third Amendment to the Development Plan which was approved by Ordinance No. 921109, passed October 15, 1992; and 

WHEREAS, the Front Street and 435 Redevelopment Corporation filed its Fourth Amendment to the Development Plan which was approved by Ordinance No. 961262, passed October 17, 1996; and

WHEREAS, the Front Street and 435 Redevelopment Corporation filed its Fifth Amendment to the Development Plan on August 31, 2000 which was approved by Ordinance No. 071007, passed February 15, 2001; and 

WHEREAS, Wild Hawk, L.L.C., requested the approval of the assignment of the Development Rights to Phase IIa of the Development Plan, as amended to facilitate the development of the Phase and an amendment to the Contract to modify the tax abatement for Phase IIa ; and

WHEREAS, the Wild Hawk, LLC, developer of Phase IIa of the Development Plan (Developer) requested a Sixth Amendment the Development Plan to extend the dates for the commencement and completion of Developers Stage IIa construction obligations and amend the size of the building within proposed Phase IIa; and

WHEREAS, the City Council approved the Sixth Amendment to the Development Plan and assignment of the Phase IIa rights by passage of Committee Substitute for Ordinance No. 080601, and approved the Sixth Supplementary Contract by passage of Ordinance No. 080038; and

WHEREAS, the Front Street and 435 Redevelopment Corporation filed its Seventh Amendment to the Development Plan on _____________, 2008; and

WHEREAS, legal notice of a public hearing on the proposed Seventh Amendment to the Development Plan was published on ____________, 2008, and pursuant to the public notice, a public hearing was held by the City Plan Commission on _____________, 2008; and

  WHEREAS, the City Plan Commission has made an independent study and investigation of the proposed Seventh Amendment to the Development Plan and recommended approval of the Seventh Amendment to the Development Plan, and the City Plan Commission has filed with the City Clerk a report recommending approval of proposed amendment to the Development Plan; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the application for approval of a Seventh Amendment to the Development Plan by the Front Street and 435 Redevelopment Corporation, a copy of which is on file in the office of the City Clerk under Document No. ______, and which is hereby incorporated by reference, is approved as a Seventh Amendment to the Development Plan as originally approved by Ordinance No. 61632, passed October 2, 1987 and as amended by Ordinance Nos. 62985, 65496, 921109, 961262, and 071007.  

Section 2. That the Council hereby finds and declares that good cause has been shown for the approval of the Seventh Amendment to the Development Plan of the Front Street and 435 Redevelopment Corporation and that the findings and declarations set forth in Section 2 of Ordinance No. 61632 with respect to the development plan of the Front Street and 435 Redevelopment Corporation have not been affected by the amendment thereto and equally apply to the development plan, as amended. 

Section 3. That the Council hereby finds and determines that the public convenience and necessity will be served by the development plan, as amended. 

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I hereby certify that all public notices have been given and hearings have been held, as required by Chapter 74, Code of Ordinances. 

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Secretary, City Plan Commission

Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney