KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 140306 Introduction Date: 4/17/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FORD
Title: Amending Chapter 74, Code of Ordinances, by renumbering Section 74-34 for the purpose of relocating it to the appropriate Article and by repealing Sections 74-1 through 74-33 in their entirety and enacting in lieu thereof new sections of like subject matter for the purposes of establishing the Kansas City Chapter 353 Advisory Board and updating the Code of Ordinances with respect to Chapter 353 projects.

Legislation History
DateMinutesDescription
4/16/2014 Filed by the Clerk's office
4/17/2014 Referred to Planning, Zoning & Economic Development Committee
4/23/2014 Do Pass as a Committee Substitute
4/24/2014 Assigned Third Read Calendar as Substituted
5/1/2014 Passed as Substituted

View Attachments
FileTypeSizeDescription
140306.pdf Authenticated 788K Authenticated
140306 Fact Sheet.pdf Fact Sheet 23K Fact Sheet

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140306

 

Amending Chapter 74, Code of Ordinances, by renumbering Section 74-34 for the purpose of relocating it to the appropriate Article and by repealing Sections 74-1 through 74-33 in their entirety and enacting in lieu thereof new sections of like subject matter for the purposes of establishing the Kansas City Chapter 353 Advisory Board and updating the Code of Ordinances with respect to Chapter 353 projects.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 74, Code of Ordinances, is hereby amended by renumbering Section 74-34 such that it shall become Section 74-35 in Article II.

 

Section 2. That Chapter 74, Code of Ordinances, is hereby amended by repealing Sections 74-1 through 74-33 in their entirety and enacting in lieu thereof new sections to read as follows:

 

Sec. 74-1. Kansas City Chapter 353 Advisory Board.

 

(a) The city council hereby establishes the Kansas City Chapter 353 Advisory Board which board shall consist of five members. The members thereof shall be appointed by the mayor from those persons serving as commissioners of the Land Clearance for Redevelopment Authority of Kansas City, Missouri. If one or more of the commissioners is unable or unwilling to serve such that that Kansas City Chapter 353 Advisory Board shall have less than five members at any point in time, then the mayor shall appoint such other persons as he shall determine proper for the purpose of filling the vacancies. Any member drawn from the commissioners of the Land Clearance for Redevelopment Authority shall serve a term that is congruent with his or her term on the Land Clearance for Redevelopment Authority. All other members shall serve for a term of three years or until his or her successor shall have been appointed.

 

(b) The Kansas City Chapter 353 Advisory Board shall function as provided for in these sections 74-1 through 74-10 with regard to any development plan or amendment to any development plan submitted after the effective date of this section. Those development plans or amendments to development plans approved by the city council prior to the effective date of this section shall continue to be governed as provided for by the provisions of Chapter 74 in effect at the time such development plan or amendment thereto was approved by ordinance, which provisions shall be retained on file with the Director of City Development and the City Clerk and shall be deemed incorporated herein by reference.

 

Section 74-2. Definitions.

 

The terms used in these sections 74-1 through 74-10 shall be defined as provided in section 353.020, RSMo as amended.

Sec. 74-3.  Application for approval of development plan; amendments.

 

(a) Any urban redevelopment corporation proposing a development plan shall simultaneously submit the following documents, together with the required filing fee, to the Kansas City Chapter 353 Advisory Board:

 

(1) Blight study, which study shall exclude consideration of any condition caused by the urban redevelopment corporation;

 

(2) Development plan;

 

(3) Tax impact analysis to each political subdivision within the area encompassed by the development plan;

 

(4) Certification that the urban redevelopment corporation has given written notice of the development plan and a copy of the tax impact analysis to each political subdivision within the area encompassed by the development plan;

 

(5) Certification that the urban redevelopment corporation has given written notice to each person or entity having any recorded property interest and to each occupant and business in the project area at the address of such occupant or business within the area encompassed by the development plan;

 

(6)    Certification that the urban redevelopment corporation will pay, or cause to be paid, prevailing wages as established by Sections 290.210 to 290.340, RSMo, provided however that the payment of prevailing wages shall not be required for the construction or rehabilitation of single-family housing, attached or detached, which will be owner-occupied after the completion of the construction or rehabilitation;

 

(7) Certification that the urban redevelopment corporation will comply, and cause its contractors to comply, with the requirements of City’s minority and women’s business enterprise program as contained within sections 3-421 to 3-469 of this Code, and construction employment program as contained within sections 3-501 to 3-525 of this Code, as the same may be amended and recodified from time-to-time;

 

(8) Budget and sufficient financial information to enable the Kansas City Chapter 353 Advisory Committee to determine whether the development plan being proposed would be economically viable without the assistance being requested and the amount of financial assistance needed, if any, to fill any gap in financing and make the development financially feasible; and

 

(9) Any other documentation that may be required by the board.

(b) Any urban redevelopment corporation proposing an amendment to a previously approved development plan shall submit those documents required by subsection (a) hereof as are relevant to the proposed amendment, together with the required filing fee, to the Kansas City Chapter 353 Advisory Board.

 

(c) Each document required to be submitted to the Kansas City Chapter 353 Advisory Board shall be submitted in such format and contain such information as may be required by the board. The board shall develop a list of the items to be contained in a development plan but such plan shall include, at a minimum, the following:

 

(1)               Legal description. The plan shall contain a legal description of the development area by metes and bounds or other definite designation.

 

(2)               Stages of project. The plan shall contain a statement of the various stages, if more than one is intended, by which the development is proposed to be constructed or undertaken, and the approximate time limit for the commencement and completion of each stage, together with a description of the real property to be included in each stage so as to reasonably identify the various stages. The statement shall also set forth a time schedule clearly setting forth reasonable times for commencement and completion of:

 

a. Acquisition of properties.

 

b. Demolition of buildings.

 

c. New construction or building renovation.

 

(3)               Property to be demolished. The plan shall contain a statement of existing buildings or improvements in the development area to be demolished immediately, if any, and the approximate period of time during which demolition, if any, of each such building or improvement is to take place.

 

(4)               Property not to be demolished. The plan shall contain a statement of existing buildings or improvements in the development area not to be demolished immediately, if any, and the approximate period of time during which demolition, if any, of each such building or improvement is to take place.

 

(5)               Building renovation. The plan shall contain a statement of the proposed improvements, if any, to each building not to be demolished immediately, any proposed repairs or alterations to such buildings, and the approximate period of time during which such improvements, repairs or alterations are to be made.

 

(6)               New construction. The plan shall contain a statement of the type, number and character of each new residential, commercial and industrial building or other type of improvement to be erected or made.

 

(7)               Amenities. The plan shall contain a statement of those portions, if any, of the blighted area which shall be determined to be amenities to the project, including but not limited to permanent residential open space for recreation, streetscape, plaza areas and other similar visual effects.

 

(8)               Property for public agencies. The plan shall contain a statement of those portions, if any, of the blighted area which are proposed to be sold, donated, exchanged or leased to the board of education, public library board, art commission or other public agency and an outline of the terms of such proposed sale, donation, exchange or lease.

 

(9)               Zoning changes. The plan shall contain a statement of the proposed changes, if any, in zoning ordinances or maps, necessary or desirable for the redevelopment, and its protection against blighting influences.

 

(10)           Street changes. The plan shall contain a statement of the proposed changes, if any, in streets or street levels and alleys, any proposed street closings, and any changes which would have to be made to streets or alleys adjoining or near the redevelopment project, including the plan for financing these changes.

 

(11)           Dwelling accommodations. The plan shall contain a statement of the character of the existing dwelling accommodations, if any, in the blighted area, and the approximate number of occupants residing therein, together with the schedule of the rentals being paid by them, a schedule of the vacancies in such accommodations, if any, together with the rentals demanded therefor, and the names and addresses of occupants if the information is available.

 

(12)           Housing and business relocation. The plan shall contain a statement of the housing accommodations available in other locations in the city for those occupants who will be displaced by the redevelopment project. The development plan shall set forth a feasible plan for the relocation of all occupants and businesses and any other entities displaced, including adequate reimbursements for reasonable relocation cost.

 

(13)           Proposed housing. The plan shall contain a statement of the character, type and quality of construction, approximate number of units, approximate rentals and approximate date of availability of the proposed dwelling accommodations, if any, to be furnished during construction and upon completion of the redevelopment.

 

(14)           Financing. The plan shall contain a statement of the proposed method of financing the costs of the development plan. Included as a part of the financing statement shall be reasonable estimates on the costs of acquisition, demolition, construction and rehabilitation, if any. Further, the financing statement shall identify the amount of equity capital which shall be required and how that equity will be raised. Evidence shall also be submitted that the project is financially feasible based on a financial feasibility and marketability study satisfactory to the city. Further, evidence shall be submitted that sufficient funds are available, or will be available upon approval of the development plan, to provide for the cost of acquisition within the area and relocation benefits.

 

(15)           Management. The plan shall contain a statement of the names of the individuals who it is proposed will be active in or associated with the management of the redevelopment project during the period of at least one year from the date of the approval of the development plan, and the name and address of the registered agent for the corporation.

 

(16)           Property ownership. The plan shall contain a statement giving the legal description of the real property owned, or proposed to be purchased or to be acquired by eminent domain, and the reasons why acquisition by condemnation is proposed.

 

(17)           Eminent domain on behalf of proponents of plan. The plan shall contain a statement giving the legal description of the real property, if any, proposed to be purchased or acquired by eminent domain by the city in behalf of the proponents of the development plan or by any other body authorized to acquire by eminent domain, and the reasons why the aid of the city or other body is sought for that purpose.

 

(18)           Assignment of plan. Appropriate controls shall be provided over the right of assignment of the development to any other entity in order that the city council is assured that the intention and purpose of the redevelopment project will, in fact, be carried out.

 

(19)           Certificate of incorporation. The corporation shall include in its plan a copy of the certificate of incorporation from the secretary of state.

 

(20)           Affirmative action plan. The plan shall contain a program to encourage the participation of all individuals regardless of race, color, creed, sex or age in all aspects of the redevelopment project.

 

(21)           Other information. The development plan, and any application for amendment thereto, shall contain such other statements or exhibits as may be deemed relevant.

 

(d) The Kansas City Chapter 353 Advisory Board shall establish such filing fees as it shall determine proper for purposes of fulfilling its obligations hereunder. No document submitted without the required filing fee shall be accepted or considered by the board in making its recommendation to the city council.

 

Sec. 74-4. City Plan Commission review.

(a) In the event that a development plan or amendment thereto requires any changes to the zoning in effect for the area encompassed by the development plan, the urban redevelopment corporation shall submit a copy of the development plan or amendment to the City Plan Commission. The commission shall thereupon provide for a public hearing upon such development plan or amendment and cause notice of the hearing thereon to be given by at least one publication in the newspaper doing the city printing not less than ten days before the date of the hearing. All interested parties may be heard at such hearing. After such hearing, the City Plan Commission may make such other investigations as it deems proper, and thereafter submit a report on any such plans to the city council.

 

(b) Any public hearing required to be held before the City Plan Commission shall be held before any public hearing before the Kansas City Chapter 353 Advisory Board.

 

Sec. 74-5. Hearing; Notice; Recommendation.

 

(a) The Kansas City Chapter 353 Advisory Board shall provide for a public hearing upon a completed application for approval of a development plan or amendment and shall cause notice of such hearing thereon to be given by at least one publication in the newspaper doing the city printing not less than ten days before the date of the hearing. The board shall also distribute, or cause to be distributed, notice to each political subdivision within the area encompassed by the development plan or amendment. All interested parties may be heard at such hearing and may also elect to provide a response in writing. If more than one development plan or amendment is filed for all or any part of the same area, there shall be a public hearing on each plan or amendment. Notwithstanding the foregoing, no hearing shall be scheduled or held before by the board until such time as the City Plan Commission shall have made its recommendation to the city council for those development plans or amendments the implementation of which necessitates review by that body.

(b) The Kansas City Chapter 353 Advisory Board shall review the development plan or amendment and shall make a recommendation to the city council following the conclusion of the public hearing. In arriving at its recommendation, the board shall consider the blight study, the development plan and the type of development which is physically desirable for the area concerned. After fully considering the development plan or amendment, the board shall forthwith transmit its recommendation thereon to the city council.

 

Sec. 74-6.  City Council consideration.

 

(a)   The recommendation of the Kansas City Chapter 353 Advisory Board shall be filed with the Director of City Development, accompanied by an ordinance providing for the approval of the development plan or amendment. The ordinance shall thereafter be introduced and referred to a committee for a hearing thereon, in accordance with the Charter and the rules of the council relative to city ordinances. The city council may thereafter approve the development plan or amendment subject to such conditions, exceptions or restrictions as the council may deem to be in the public interest, disapprove the development plan or amendment, or refer the matter back to the Kansas City Chapter 353 Advisory Board for further consideration.

 

(b) The approval of any development plan or amendment by the city council shall serve to:

 

(1) Establish that the area included within a development plan as the same may be amended has been determined to be a blighted area the clearance, redevelopment, replanning, rehabilitation or reconstruction of which is necessary for the public convenience and necessity, and that implementation of the development plan as the same may be amended is necessary for the preservation of the public peace, property, health, safety, morals and welfare;

(2) Authorize the Director of City Development to execute or amend a development agreement with the urban redevelopment corporation, which agreement shall grant to the urban redevelopment corporation the right and obligation to implement the development plan as the same may be amended in accordance with the terms of the development agreement. Notwithstanding any term of such development agreement to the contrary, the failure to acquire the fee interest and any lesser interest in the name of the urban redevelopment corporation or on behalf of the urban redevelopment corporation by a designated person within three years after the date specified in the development agreement between the city and the urban redevelopment corporation for each phase of the development plan shall result in an automatic loss of the development rights, including any tax abatement, and the development plan as the same may be amended and development agreement shall become null and void as to the respective and all subsequent phases.

 

Sec. 74-7. Tax agreements.

 

(a) In the course of considering any development plan or amendment for approval, the Kansas City Chapter 353 Advisory Board and the city council shall give particular recognition to any agreement, in writing, on behalf of the urban redevelopment corporation presenting such plan or amendment that, notwithstanding the provisions of the Missouri Redevelopment Corporations Law, it will make payments in lieu of real property taxes to the appropriate political subdivisions.

 

(b) Payments in lieu of taxes shall be distributed to all political subdivisions levying taxes on the area to be redeveloped on the same pro rata basis and in the same manner as the ad valorem real property tax revenues received by each taxing authority from such property in the year such payments are due.

 

(c) As part of the consideration of any development plan or amendment, there shall be a full report on any agreement for payments in lieu of taxes.

 

(d) If any urban redevelopment corporation, or its successors or assigns, fails to tender the payments in lieu of taxes to the appropriate political subdivision as required by any contract or amendment thereto, interest shall be due thereon at the same rate and in the same manner commencing on January 1 of the calendar year following the year in which payment is due. Any action by the city to declare the redevelopment project in default or abandoned shall not release the urban redevelopment corporation, or its successors or assigns, from the liability under this subsection.

 

Sec. 74-8. Ongoing monitoring; tax exemption.

(a) The Kansas City Chapter 353 Advisory Board shall monitor the urban redevelopment corporation’s compliance with the development agreement authorized by the city council and shall notify the Director of City Development in the event that there is cause to believe that the urban redevelopment corporation has failed to comply with such agreement, the development plan as the same may be amended, or the terms of any document submitted as part of its application to the board. The board may require such periodic reporting as it deems appropriate to enforce such obligation.


(b) The terms of any tax exemption which the urban redevelopment corporation may be entitled to and the duration thereof shall in no event exceed that which is authorized by section 353.110, RSMo as amended.

 

Sec. 74-9.  Remedies for failure to follow development plan.

 

In the event that an urban redevelopment corporation fails to substantially comply with the development plan as the same may be amended within the time limits and in the manner for the completion of each phase thereof, or any development agreement entered into pursuant thereto, then the city council may terminate the development plan, including the tax exemption or tax abatement, and may require the repayment of the amount of taxes which would have been payable to the taxing jurisdictions. The city council also may, whether in addition to or in lieu of the foregoing, authorize the city attorney to commence such legal proceedings and request such relief, whether legal or equitable, as the city council may deem proper.

 

Sec. 74-10. Chapter 353, RSMo.

 

The provisions of the Urban Redevelopment Corporations Law, Sections 353.010--.190, RSMo, as the same may be amended from time to time, are incorporated herein by reference and shall control to the extent of any inconsistency with any provision of this Chapter.

 

Secs. 74-11—74.34. Reserved.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Brian T. Rabineau

Assistant City Attorney