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Legislation #: 170377 Introduction Date: 5/18/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving the Paseo Gateway PIEA Development Plan on about 1.5 acres generally located at the northeast corner of Paseo and E. 9th Street and a 0.6 acres generally located at the northwest corner of Woodland and East 9th Street; declaring the area blighted and insanitary and in need of redevelopment and rehabilitation pursuant to the Missouri Planned Industrial Expansion Law, Sections 100.300-100.620, RSMo; and authorizing abatement to the full extent authorized by applicable law pursuant to Section 9 of Second Committee Substitute for Ordinance No. 160383, as amended. (743-S).

Legislation History
DateMinutesDescription
5/18/2017 Filed by the Clerk's office
5/18/2017 Referred to Planning, Zoning & Economic Development Committee
5/24/2017 Do Pass as a Committee Substitute
5/25/2017 Assigned Third Read Calendar as Substituted
6/8/2017 Passed as Substituted

View Attachments
FileTypeSizeDescription
170377.pdf Authenticated 277K Authenticated
Amended Plan Language.pdf Other 161K Amended Plan Language
05_24_17_PZE.pptx Advertise Notice 50451K * Staff presentation
05_24_17_PZE.pptx Advertise Notice 50451K * Staff Presentation
Paseo Gateway GDP #1.pptx Advertise Notice 6187K Presentation 2
Paseo Gateway Blight PPP.pptx Advertise Notice 52062K * Presentation 1
170377 Blight Study.pdf Plan 8899K Blight Study
170377 GDP.pdf Plan 5217K General Development Plan
170377 Map.pdf Maps 741K Map
170377 Staff Report.pdf Staff Report 134K Staff Report
170377 Fact Sheet.pdf Fact Sheet 222K Fact Sheet
* - Attachment is too large for LiveWeb to display.

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170377

 

Approving the Paseo Gateway PIEA Development Plan on about 1.5 acres generally located at the northeast corner of Paseo and E. 9th Street and a 0.6 acres generally located at the northwest corner of Woodland and East 9th Street; declaring the area blighted and insanitary and in need of redevelopment and rehabilitation pursuant to the Missouri Planned Industrial Expansion Law, Sections 100.300-100.620, RSMo; and authorizing abatement to the full extent authorized by applicable law pursuant to Section 9 of Second Committee Substitute for Ordinance No. 160383, as amended. (743-S).

WHEREAS, the Planned Industrial Expansion Authority of Kansas City, Missouri did prepare or cause to be prepared the Paseo Gateway PIEA General Development Plan (“General Development Plan”) and recommended that the Council approve the finding of blight and approve the General Development Plan for the area; and

 

WHEREAS, the City Plan Commission has reviewed and recommended approval of the finding of blight and the plan for the Paseo Gateway Planning Area (“Planning Area”) on May 3, 2017, and recommended approval of the finding of blight for the Planning Area and found the plan to be in conformance with the general plan for the development of the community as a whole; and

 

WHEREAS, Section 100.400, RSMo, authorizes the Council to approve the General Development Plan and a designation of blight if the Council finds that the plan is feasible and in conformity with the general plan for the development of the community as a whole; NOW, THEREFORE,

 

WHEREAS, on October 6, 2016, the City did pass Second Committee Substitute for Ordinance No. 160383, as amended, which Ordinance No. 160383, as amended, enacted guidelines on the City’s use of abated and exempted real property taxes in funding economic development projects; and

 

WHEREAS, Section 9 of Ordinance No. 160383, as amended, provides that notwithstanding the guidelines set forth therein, the Council retains its discretion to authorize the capture and redirection, or abatement or exemption, in whole or in part, of ad valorem real property taxes to the full extent authorized by any provision of law; and

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Council declares the area of approximately 1.5 acres generally located at the northeast corner of Paseo and E. 9th Street and 0.6 acres generally located at the northwest corner of Woodland and East 9th Street, and more specifically described by metes and bounds as follows:

 

804 Woodland Avenue: Lots 1, 2, and 3, and the North ½ of the vacated alley South of and adjoining, Wm. Askew’s Subdivision of Lot 13 Ranson Place, a subdivision in Kansas City, Jackson County, Missouri.

 

1718 E 9th Street: Lots 4, 5, and 6, and the South ½ of the vacated alley North of and adjoining, Wm. Askew’s Subdivision of Lot 13 Ranson Place, a subdivision in Kansas City, Jackson County, Missouri.

 

1601 E 8th Street: The West 75 feet of the South 115 feet of the North 145 feet of Lot 8, Ranson Place, a subdivision in Kansas City, Jackson County, Missouri.

 

1507 E 8th Street: All of Munford Court, described by metes and bounds as follows; Part of Section 4, Township 49, Range 33: Beginning at a point in the South line of 8th Street that is 275 feet West of the West line of Highland Avenue; thence West along the South line of 8th Street 200 feet; thence South parallel with the West line of Highland Avenue 115 feet to the North line of alley; thence East along the North line of alley 200 feet; thence North 115 to beginning, in Kansas City, Jackson County, Missouri.

 

1508 E 9th Street: All of Lot 7, Ranson Place, a subdivision in Kansas City, Jackson County, Missouri, lying South of alley, except parts taken for Ninth Street and all of Lot 6, lying South of alley, except parts taken for Ninth Street and The Paseo, and except that part deeded to the City of Kansas City, Missouri by the deed recorded December 14, 1973, under Document No. K-125347, in Book K-487, at Page 1476.

 

1516 E 9th Street: The West 67 feet of the North 115 feet of the South 145 feet of Lot 8, Ranson Place, a subdivision in Kansas City, Jackson County, Missouri, (Known as Tract 1 on Certificate of Survey, S-5 at Page 69).

 

to be an insanitary or undeveloped industrial area in need of industrial development as defined in Section 100.310, RSMo, which constitutes an economic or social liability or a serious and growing menace, which is injurious to the public health, safety, morals, economy and welfare of the residents of Kansas City, and finds that the elimination or prevention of the detrimental conditions in such area by the commercial development of such area is necessary and in the interest of the public health, safety, morals, economy and welfare of such residents.

 

Section 2. That the Paseo Gateway PIEA General Development Plan prepared by the Authority and recommended to the Council is intended to and shall affect and be applicable to only the real property specifically described in Section 1 above and is hereby approved. A copy of said General Development Plan is attached to this ordinance and is made a part hereof.

 

Section 3. That the General Development Plan as approved and incorporated by Section 2 of this ordinance is amended by striking the paragraph denominated “Tax Abatement”, located on Page 32 of such Plan, and replacing it with the amended language attached to this ordinance and made a part hereof.

 

Section 4. That the Council has duly made the findings necessary for compliance with Section 100.300-100.620, RSMo.

 

Section 5. That the General Development Plan is hereby found to be feasible and in conformance with the general plan for the development of the community as a whole.

 

Section 6. That the ad valorem tax exemption benefits as authorized in Section 100.570, RSMo, and as supplemented in Second Committee Substitute for Ordinance No. 160383, As Amended, are hereby extended to the area included within the General Development Plan to the extent and in the manner as provided for in said General Development Plan, and subject to the execution of a development agreement with the Planned Industrial Expansion Authority of Kansas City, Missouri, and the developer.

 

Section 7. That pursuant to Section 9 of Second Committee Substitute for Ordinance No. 160383, as amended, the City Council hereby authorizes the abatement of ad valorem real property taxes to the full extent authorized by Section 100.570, RSMo with respect to any project qualifying for Jobs-Based or Site-Based “High Impact” designation as determined by the AdvanceKC Scorecard, derived from the City Council’s Economic Development and Incentive Policy, or located in a severely distressed census tract that has continuously maintained such status for not less than ten (10) years immediately prior to the effective date of the request.

 

__________________________________________

 

I hereby certify that as required by Chapter 100, RSMo, as amended, all public notices have been given and public hearings held, as required by law.

 

 

____________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

_____________________________

Brian T. Rabineau

Assistant City Attorney


 

Tax Abatement

 

The provisions of Section 100.570 R.S.Mo. concerning the ad valorem tax exemption benefits contained in Chapter 353 (R.S.Mo.) and more specifically set forth in Section 353.110 and 353.150(4) R.S.Mo. shall be available to a Redevelopment Corporation designated by the Authority if the designated Redevelopment Corporation acquires fee simple interest in any real estate for redevelopment and redevelops and uses such real estate in accordance with this plan and if the Authority approves such acquisition. Such tax exemption benefits shall be available to any successor, assign, or purchaser or transferee of the designated Redevelopment Corporation provided such successor, assign, purchaser or transferee continues to use, operate and maintain such real estate in accordance with this Plan.

 

Notwithstanding the foregoing, this Plan shall be subject to the provisions of Second Committee Substitute for Ordinance No. 160383, As Amended, and as may be further amended from time to time, which was adopted by the City Council on or about October 6, 2016. The real estate shall not receive greater than a seventy-five percent (75%) abatement of real property taxes for the first ten years and thirty-seven and one-half percent (37.5%) abatement for the following fifteen years, and the real property taxes shall, for the entire term, be measured by the assessed valuation, inclusive of any improvements, as assessed by the applicable county assessor. In the event this provision is deemed unenforceable by reason that it conflicts with a provision of state law providing for a differing level of abatement for all or any portion of the term of the public incentives, or providing that the assessed valuation be determined by some other measure than is set forth herein, then the Authority and the developer shall, by contract or amendment to contract, require payments in lieu of taxes structured to achieve the objectives of this provision, such payments to be distributed pro rata to the affected taxing jurisdictions.

 

In the event that developer believes it should be granted an abatement in excess of that provided for herein with respect to any project, the developer may require that the Authority request the City Council waive the limitations of this provision if the City Council shall not have otherwise acted to do so. The City Council retains final discretion to authorize the abatement, in whole or in part, of ad valorem real property taxes to the full extent authorized by any provision of law. The City Council shall give particular consideration to the following exceptions in determining whether to authorize any abatement, or approve any development plan providing for incentives to be conveyed on a project-specific basis, at any level other than what has been provided for herein:

 

A.            Projects qualifying for Jobs-Based or Site-Based “High Impact” designation as determined by the AdvanceKC Scorecard, derived from the City Council’s Economic Development and Incentive Policy.

 

B.            Projects located in a severely distressed census tract that has continuously maintained such status for not less than ten (10) years immediately prior to the effective date of the request.