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Legislation #: 081029 Introduction Date: 10/9/2008
Type: Ordinance Effective Date: 11/9/2008
Sponsor: COUNCILMEMBER MARCASON AND COUNCILMEMBER GOTTSTEIN
Title: Approving the 46 Summit Redevelopment Corporation’s 9th Amendment to the “353” Development Plan for the redevelopment and rehabilitation of the neighborhood as for an area of approximately 2.42 acres generally located on 46th Street between Jefferson and Summit Street, declaring such redevelopment necessary for the preservation of the public peace, prosperity, health, safety, morals and welfare; authorizing a contract with the 46 Summit Redevelopment Corporation for implementation of the Development Plan; authorizing certain tax abatement; and conditionally approving an assignment of development rights from Master Craftsmen Redevelopment Corporation and Mulhern Family Limited Partnership to 46 Summit Redevelopment Corporation.

Legislation History
DateMinutesDescription
10/8/2008 Filed by the Clerk's office
10/9/2008 Referred to Planning and Zoning Committee
10/15/2008 Hold On Agenda (10/22/2008)
10/22/2008 Do Pass
10/23/2008 Assigned to Third Read Calendar
10/30/2008 Passed

View Attachments
FileTypeSizeDescription
081029.pdf Agreement 367K ASSIGNMENT AND ASSUMPTION AGREEMENT
081029 Communication.pdf Other 49K Communication
081029 Certificates of Notice.pdf Other 828K Certificate of Notice
Other 0K Development Plan Amendment on file in City Clerk's Office
081029.pdf Authenticated 174K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081029 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081029
C000333S14_FACT_SHEET.doc Fact Sheet 126K fact sheet
C000333S14_STAFFRPT_07_15_08.doc Staff Report 127K staff report

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ORDINANCE NO. 081029

 

Approving the 46 Summit Redevelopment Corporations 9th Amendment to the 353 Development Plan for the redevelopment and rehabilitation of the neighborhood as for an area of approximately 2.42 acres generally located on 46th Street between Jefferson and Summit Street, declaring such redevelopment necessary for the preservation of the public peace, prosperity, health, safety, morals and welfare; authorizing a contract with the 46 Summit Redevelopment Corporation for implementation of the Development Plan; authorizing certain tax abatement; and conditionally approving an assignment of development rights from Master Craftsmen Redevelopment Corporation and Mulhern Family Limited Partnership to 46 Summit Redevelopment Corporation.

 

WHEREAS the Plaza Steppes Redevelopment Corporation, an urban redevelopment corporation organized under and pursuant to the Urban Redevelopment Corporation Law, Chapter 353, RSMo, and having been incorporated, on January 4, 1985, filed with the City of Kansas City, Missouri, an application for approval of a Development Plan which was approved by the City Council by Ordinance No. 58641, passed November 27, 1985; and

WHEREAS the Plaza Steppes Redevelopment Corporation proposed a First Amended Redevelopment Plan which was approved by the City Council on July 12, 1987, by Ordinance No. 61095; and

 

WHEREAS the Plaza Steppes Redevelopment Corporation proposed a Second Amended Redevelopment Plan which was approved by the City Council on March 3, 1988 by Ordinance No. 62109; and

 

WHEREAS the Plaza Steppes Redevelopment Corporation proposed a Third Amendment to its Development Plan which was approved by the City Council by Ordinance No. 64361, as amended, passed July 13, 1989; and

 

WHEREAS by Assignment and Assumption Agreement, Plaza Steppes Redevelopment Corporation assigned all of its right, title and interest in its Development Plan for Stages 2 and 3 to 47th and Jefferson Redevelopment Corporation, which assignment was approved by the City Council through passage of Ordinance No. 64653, as amended; and

 

WHEREAS the 47th and Jefferson Redevelopment Corporation proposed a Fourth Amendment to the Development Plan which was approved by Ordinance No. 981074, passed April 1, 1999; and

 

WHEREAS the 47th and Jefferson Redevelopment Corporation proposed a Fifth Amendment to the Development Plan which was approved by the City Council on August 9, 2001, by Ordinance No. 010999; and

 

WHEREAS on January 28, 2003, the 47th & Jefferson Plaza Steppes Limited Partnership, a Delaware limited partnership, Master Craftsmen Redevelopment Corporation, a Missouri urban redevelopment corporation (Developer), Mulhern Family Limited Partnership, a Missouri limited partnership, and the City of Kansas City, Missouri, a constitutionally chartered city under the laws of Missouri (the City), entered into that certain Assignment and Assumption Agreement (Assignment Agreement) wherein Developer assumed all rights, duties, interests and obligations under the Development Plan with respect to Stage 3 of the redevelopment project which was approved by the City Council on February 6, 2003, by Ordinance No. 030131; and

 

WHEREAS 47th and Jefferson Redevelopment Corporation proposed a Sixth Amendment to the Development Plan which was approved by the City Council on June 26, 2003, by Ordinance No. 030610; and

WHEREAS Master Craftsmen Redevelopment Corporation proposed a Seventh Amendment to the Development Plan which was approved by the City Council on October 2, 2003, by Committee Substitute for Ordinance No. 030844; and

WHEREAS 47th and Jefferson Redevelopment Corporation proposed an Eighth Amendment to the Development Plan which was approved by the City Council on July 10, 2008; and

 

WHEREAS 46 Summit Redevelopment Corporation, an urban redevelopment corporation organized under and pursuant to the Urban Redevelopment Corporation Law, Chapter 353, RSMo and amendments thereto and having been incorporated, on filed with the City of Kansas City, Missouri, an application for approval of the Ninth Amendment to the Development Plan for Stage 3; and

 

WHEREAS the City Plan Commission caused to be published in the Daily Record, a newspaper doing the Citys printing, on June 16, 2008, notice of the public hearing on the 9th Amendment to the Development Plan for Stage 3 not less than 10 days before the hearing; and

 

WHEREAS the City Plan Commission public hearing was scheduled for July 1, 2008 but was continued to July 15, 2008; and

 

WHEREAS the City Plan Commission reviewed and recommended approval of the proposed Development Plan at the public hearing on July 15, 2008, at which all interested parties were given the opportunity to be heard; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the 46 Summit Redevelopment Corporations 9th Amendment to the 353 Development Plan, a copy of which plan is attached hereto as Exhibit A and incorporated herein by reference, is hereby approved.

Section 2 That the Council finds and determines that approval of the Development Plan and construction of the redevelopment project are necessary for the preservation of the public peace, prosperity, health, safety, morals and welfare.

 

Section 3 That the Director of Finance is authorized on behalf of the City to enter into a contract with the 46 Summit Redevelopment Corporation for the redevelopment of the Redevelopment Area, a copy of which, in substantial form, is attached hereto and made a part hereof as Exhibit B.

 

Section 4. That the development rights of Master Craftsmen Redevelopment Corporation, and Mulhern Family Limited Partnership relating to Stage 3, subject to the effective date herein, are hereby assigned to 46 Summit Redevelopment Corporation. The assignment provided for under this Section D shall not become effective until such time as 46 Summit Redevelopment Corporation provides notice to the City Clerk and the Director of City Development that 46 Summit Redevelopment Corporation or a related party has taken title to the Stage 3 property.

Section 5. That the 46 Summit Redevelopment Corporation is hereby granted tax abatements on land and improvements in the Redevelopment Area as requested in the Development Plan and as provided in Exhibit B.

 

__________________________________________

 

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

 

 

___________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________

Heather A. Brown

Assistant City Attorney