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Legislation #: 120083 Introduction Date: 1/26/2012
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WAGNER AND COUNCILMEMBER DAVIS
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Antioch Crossing Tax Increment Financing Plan; approving the Antioch Crossing Tax Increment Financing Plan; and designating a Redevelopment Area.

Legislation History
DateMinutesDescription
1/25/2012 Filed by the Clerk's office
1/26/2012 Referred to Planning, Zoning & Economic Development Committee
2/1/2012 Hold Off Agenda
4/11/2012 Advance and Do Pass as a Committee Substitute, Debate
4/12/2012 Passed as Substituted

View Attachments
FileTypeSizeDescription
120083Sub.pdf Authenticated 550K Authenticated Ord-120083( Sub)
ANTIOCH CROSSING 3-2012.pdf TIF Plan 10817K Revised 3-2012 Antioch Crossing TIF Plan
120083 Fact sheet.xlsx Fact Sheet 26K Fact Sheet
00143566.DOCX Legal Description 28K Legal Description
00142020.PDF TIF Plan 12074K Antioch Crossing TIF Plan

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 120083

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Antioch Crossing Tax Increment Financing Plan; approving the Antioch Crossing Tax Increment Financing Plan; and designating a Redevelopment Area.

WHEREAS, pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the “Act”), the City Council of Kansas City, Missouri by Ordinance No. 54556 passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute for Ordinance No. 911076, as amended, passed on August 29, 1991, and Ordinance No. 100089, passed on January 28, 2010, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

WHEREAS, the Antioch Crossing Tax Increment Financing Plan (the “Redevelopment Plan”) was proposed to the Commission; and

  WHEREAS, the Redevelopment Plan is a comprehensive program intended to reduce or eliminate blight and enhance the tax base within the redevelopment area (the “Redevelopment Area”) through the implementation of a number of separate projects (“Redevelopment Projects”) and the adoption of tax increment financing for each of the areas selected for such Redevelopment Projects; and

  WHEREAS, the Commission has been duly constituted and its members appointed; and, after all proper notice was given, the Commission met in public hearing and after receiving the comments of all interested persons and taxing districts with respect to the Redevelopment Plan, closed said public hearing on November 9, 2011, adopted its Resolution No. 11-7-11 (the “Resolution”) recommending to the City Council the approval of the Redevelopment Plan; and

 

WHEREAS, after the conclusion of the public hearing of the Antioch Crossing TIF Plan, a modification was proposed to subdivide Redevelopment Project 2, into Redevelopment Projects 2A and 2B; and

 

WHEREAS, the proposed changes (i) do not enlarge the exterior boundaries of the Redevelopment Area described by the TIF Plan, (ii) do not substantially affect the general land uses established in the TIF Plan, or (iii) do not substantially change the nature of the redevelopment projects described by the TIF Plan; and

 

WHEREAS, notice of the change was published on March 26, 2012, and mailed to the taxing districts on March 23, 2012; NOW, THEREFORE,

  BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the recommendation of the Commission concerning the Redevelopment Plan as set forth in the Resolution attached hereto as Exhibit "A", is hereby accepted and the Redevelopment Plan, a copy of which is attached hereto as Exhibit "B", is hereby approved and adopted.

 

Section 2. That all terms used in this ordinance shall be construed as defined in Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the "Act").

 

Section 3. That the following described area is hereby designated a Redevelopment Area:

 

All of Lots 1 through 12, inclusive, Block 1, Resurvey of Blocks 1 and 3, Antioch, an addition in and to the City of Kansas City, Clay County, Missouri, together with the West 20 feet of Block 1, Green Haven Plaza No. 2, lying South of Lot 11, Block 1, Resurvey of Blocks 1 and 3, Antioch, an addition in and to the City of Kansas City, Clay County, Missouri, except any part in roadway.

 

and

All of Lot 2, Antioch Green, a subdivision in Kansas City, Clay County, Missouri, according to the recorded plat thereof, and including to the centerline of all abutting streets.

and

The property commonly referred to as 2618 N.E. Vivion Road, which is the east 100 feet of the west 120 fee to Green Haven Plaza, Block 1, a subdivision in Kansas City, Clay County, Missouri, which was not replatted Antioch, and including to the centerline of all abutting streets.

and

From a point which is the Northwest corner of LOT 52, in Beulmar Acres, a subdivision in Kansas City, Clay County; thence Northeasterly along the Northwest line of Lots 52 and 37 of said subdivision, a curve to the right, having a radius of 1392.69 feet, a distance of 302.75 feet to a jog; thence Southeasterly along said jog a distance of 5 feet; thence Northwesterly along the Northwesterly line of Lots 39 and 37 of said subdivision; being a curve to the right, having a radius of 1387.69 feet, a distance of 130.55 feet to the Point of Beginning; thence South 28 degrees 38 minutes 23 seconds East a distance of 156.26 feet; thence North 61 degrees 21 minutes 37 seconds East a distance of 34.0 feet; thence South 28 degrees 38 minutes 23 seconds East a distance of 40.0 feet; thence North 61 degrees 21 minutes 37 seconds East a distance of 71.0 feet; thence South 28 degrees 38 minutes 23 seconds East a distance of 34.0 feet; thence North 61 degrees 21 minutes 37 seconds East a distance of 95.0 feet; thence Northwesterly along the Westerly line of Chouteau Trafficway as now established, being a curve to the right having a radius of 630 feet, a distance of 200.0 feet; thence Southwesterly along the Southerly line of Vivion Road as now established, being a curve to the left having a radius of 1392.69 feet, a distance of 196.49 feet to a jog; thence Southwesterly along said jog a distance of 5 feet; thence continuing along the Southerly line of Vivion Road, being a curve to the left, having a radius of 1387.65 feet, a distance of 14.77 feet to the Point of Beginning.

and being more particularly described as follows:

A tract of land being part of Lots 39 and 40 in Beulmar acres, a subdivision of land in the Northwest quarter of the Southwest quarter of Section 31, Township 51 North, Range 32 West, Kansas City, Clay County, Missouri being more particularly described as follows:

Commencing at the Northwest corner of said Lot 39 of said Beulmar Acres; Thence along the Northwesterly line of said Lot 39 on a curve to the right, having an initial tangent bearing on North 63 degrees 28 minutes 06 seconds East, a radius of 1387.69 feet and an arc length of 83.17 feet; Thence South 28 degrees 38 minutes 23 seconds East, a distance of 5.02 feet to the South right-of-way line of Vivion Road, as it is now established and the point of beginning of the tract of land to be described; thence along said South right-of-way line on a curve to the right, having an initial tangent bearing of North 66 degrees 55 minutes 14 seconds East, a radius of 1382.69 feet and an arc length of 200.90 feet to a point on the West right-of-way line of Chouteau Trafficway, as it is now established; thence Southeasterly along said west right-of-way line on a curve to the left, having an initial tangent veering of South 17 degrees 56 minutes 52 seconds East, a radius of 640.0 feet and an arc length of 192.38 feet; thence South 61 degrees 21 minutes 39 seconds West, a distance of 86.19 feet; thence North 28 degrees 38 minutes 23 seconds West, a distance of 34.82 feet; thence South 60 degrees 48 minutes 23 seconds West, a distance of 70.70 feet; thence North 31 degrees 27 minutes 47 seconds West, a distance of 41.64 feet; thence South 58 degrees 16 minutes 53 seconds West, a distance of 31.98 feet; thence North 28 degrees 39 minutes 23 seconds West, a distance of 151.42 feet to the point of beginning.

and

A tract of land lying in the West Half of the Southwest Quarter of Section 31, Township 51 North, Range 32 East, and also being portions of Lots 28 through 41 inclusive, Lots 43, 44, 45, 46, 52 and Lot 56 and portions of vacated streets and alley all in Beulmar Acres, a subdivision of land in Kansas City, Clay County, Missouri, all being more particularly described as follows:

Commencing at the Southwest corner of Lot 28, Beulmar Acres, according to the recorded plat thereof; thence North 00 degrees 32 minutes 54 seconds West, along the West line of said Lot 28, a distance of 45.00 feet; thence South 83 degrees 57 minutes 26 seconds East, a distance of 9.78 feet to a point at the East right-of-way line of Antioch Road as established in Book 902, at page 613, and the point of beginning; thence North 02˚17’34” East, along said East right-of-way line, a distance of 60.13 feet; thence South 83˚57’26” East, a distance of 352.64 feet; thence North 03 degrees 20 minutes 27 seconds East, a distance of 489.20 feet to a point lying on the vacated centerline of Russell Avenue; thence North 50 degrees 14 minutes 39 seconds East along said vacated centerline a distance of 160.18 feet; thence North 31 degrees 23 minutes 05 seconds West, a distance of 227.27 feet to a point lying on the South right-of-way line of Vivion Road; thence North 49 degrees 52 minutes 30 seconds East along said South right-of-way line, a distance of 16.20 feet; thence along a curve to the right having a radius of 1382.69 feet, (a central angle of 17 degrees 19 minutes 27 seconds) a length of 418.07 feet; thence South 28 degrees 03 minutes 17 seconds East, a distance of 151.25 feet; thence North 61 degrees 56 minutes 43 seconds East, a distance of 34.00 feet; thence South 28 degrees 03 minutes 17 seconds East, a distance of 40.00 feet; thence North 61 degrees 56 minutes 43 seconds East, a distance of 71.00 feet; thence South 28 degrees 03 minutes 17 seconds East, a distance of 34.00 feet; thence North 61 degrees 56 minutes 43 seconds East, a distance of 84.93 feet to a point lying on the Westerly right-of-way line of Chouteau Trafficway as now established; thence along said Westerly right-of-way line, on a curve to the left having a radius of 640.00 feet (an initial Tangent Bearing of North 34˚37’39” West, a central angle of 17 degrees 24 minutes 48 seconds) a length of 194.51 feet; thence South 52 degrees 52 minutes 44 seconds East along said Westerly right-of-way line, a distance of 133.30 feet to a point lying on the East line of Lot 43, Beulmar Acres; thence South 00 degrees 13 minutes 27 seconds West along the East line of Lots 43, 44, 45, 46, a distance of 606.67 feet to the Southeast Corner of Lot 46, Beulmar Acres; thence North 89 degrees 16 minutes 04 seconds West along the South line of said Lot 46, a distance of 370.21 feet to a point lying on the Southeasterly line of Lot 33, Beulmar Acres; thence along a curve to the right having a radius of 230 feet (an Initial Bearing of South 54 degrees 27 minutes 45 seconds West, a central angle of 04 degrees 25 minutes 42 seconds) a length of 21.74 feet; thence South 58 degrees 29 minutes 40 seconds West, a distance of 159.76 feet; thence along a curve to the left, tangent to the last described course, having a radius of 200.00 feet (a central angle of 21 degrees 54 minutes 05 seconds) a length of 76.45 feet; thence South 41 degrees 04 minutes 05 seconds West, a distance of 44.47 feet; thence North 83 degrees 57 minutes 26 seconds West a distance of 650.02 feet to the point of beginning and containing 773.568 square feet or 17.7587 acres more or less, except that thereof in Vivion Road.

and

All of Lots 53 and 54, except part taken by highway right-of-way on north side of said lots, and all that part of Lot 55 described as follows: Beginning at the Northwest corner of said Lot 55, thence Southwesterly along the Westerly line of said lot, 50 feet to a point; thence Southeasterly in a straight light to a point in the Easterly line of said lot that is 50 feet Southwesterly from the Northeast corner of said lot; thence Northeasterly along the Easterly line of said lot, 50 feet to the Northeast corner of said lot; thence Northwesterly along the Northerly line of said lot to the point of beginning, together with one-half of vacated Russell Avenue lying Southeasterly and adjoining all in Beulmar Acres, an addition in Kansas City, Clay County, Missouri.

  Section 4. That in accordance with the recommendations of the Commission as set forth in the Resolution, the City Council hereby finds that:

(a)                The Redevelopment Area as a whole is a blighted area, evidenced by defective or inadequate street layout, unsanitary or unsafe conditions including deterioration and dilapidation of site improvements, excessive vacancies, presence of structures below minimum code standards, lack of ventilation, light or sanitary facilities.

 

(b)               The Redevelopment Area has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of the Redevelopment Plan;

 

(c) The Redevelopment Plan conforms to FOCUS, the comprehensive plan for the development of the City as a whole;

(d) The areas selected for Redevelopment Projects include only those parcels of real property and improvements thereon which will be directly and substantially benefited by the Redevelopment Project improvements;

(e) The estimated dates of completion of the respective Redevelopment Projects and retirement of obligations incurred to finance Redevelopment Project Costs, have been stated in the Redevelopment Plan and are not more than 23 years from the passage of any ordinance approving a Redevelopment Project within the Redevelopment Area;

(f) A plan has been developed for relocation assistance for businesses and residences; 

(g) A cost-benefit analysis showing the impact of the Redevelopment Plan on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act; and

(h) The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment.

(i) A blight study has been completed and the findings of such study satisfy the requirements provided under subdivision (1) of Section 99.805, RSMo.

 

  Section 5. That the Commission is authorized to issue obligations in one or more series of bonds secured by the Antioch Crossing Account of the Special Allocation Fund to finance Redevelopment Project Costs within the Redevelopment Area and, subject to any constitutional limitations, to acquire by purchase, donation, lease or eminent domain, own, convey, lease, mortgage, or dispose of, land or other property, real or personal, or rights or interests therein, and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the Commission determines, to enter into such contracts and take all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan pursuant to the power delegated to it by the City. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 to 99.865, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

Section 6. That pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds that are deposited into the Antioch Crossing Account of the Special Allocation Fund to the payment of Redevelopment Project Costs within the Redevelopment Area and authorizes the Commission to pledge such funds on its behalf. 

_________________________________________________

Approved as to form and legality: 

 

______________________________ Cecilia Abbott

Assistant City Attorney