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Legislation #: 180948 Introduction Date: 12/6/2018
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SHIELDS
Title: Approving the 12th Amendment to the Plaza Steppes Chapter 353 Development Plan submitted by 47th _ Jefferson Redevelopment Corporation for the redevelopment of an area generally bounded by 46th Street on the north, Jefferson Street on the east, 47th Street on the south, and Summit Street on the west, all in Kansas City, Jackson County, Missouri, and singularly known as Stage 2b; authorizing the execution of a Twelfth Supplementary Contract to the existing development contract in connection with the foregoing; and directing the City Clerk to transmit copies of this ordinance.

Legislation History
DateMinutesDescription
12/6/2018 Filed by the Clerk's office
12/6/2018 Referred to Planning, Zoning & Economic Development Committee
12/12/2018 Advance and Do Pass, Debate
12/13/2018 Passed

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ORDINANCE NO. 180948

 

Approving the 12th Amendment to the Plaza Steppes Chapter 353 Development Plan submitted by 47th & Jefferson Redevelopment Corporation for the redevelopment of an area generally bounded by 46th Street on the north, Jefferson Street on the east, 47th Street on the south, and Summit Street on the west, all in Kansas City, Jackson County, Missouri, and singularly known as Stage 2b; authorizing the execution of a Twelfth Supplementary Contract to the existing development contract in connection with the foregoing; and directing the City Clerk to transmit copies of this ordinance.

 

WHEREAS, the Plaza Steppes Redevelopment Corporation (“PSRC”), an urban redevelopment corporation organized under and pursuant to the Urban Redevelopment Corporations Law of the Revised Statutes of Missouri, as amended (the “Act”), did on January 4, 1985, file with the City Clerk an application for approval of a development plan (“Development Plan”), prepared in accordance with the Act and Chapter 74, Code of Ordinances (“Chapter 74”), which contemplated the redevelopment of area of approximately 5.4 acres generally bounded by 46th Street on the north, Jefferson Street on the east, 47th Street on the south, and Summit Street on the west, all in Kansas City, Jackson County, Missouri; and

 

WHEREAS, the City Council of Kansas City, Missouri, did on November 27, 1985, pass Ordinance No. 58641 (the “Ordinance”), which Ordinance approved the application and Development Plan and authorized and directed the Director of Finance to enter into a redevelopment contract with PSRC; and

 

WHEREAS, PSRC and the City of Kansas City, Missouri (“City”) entered into a redevelopment contract dated May 1, 1986 (“Redevelopment Contract”), providing for the implementation of the Development Plan, which Redevelopment Contract was recorded with the Jackson County, Missouri, Department of Records on June 9, 1986, at Book K-1547 at Page 1757 as Document No. K-718178; and

 

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

 

WHEREAS, the City and PSRC entered into a First Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office on September 8, 1987, at Book K1726, page 1950, as Document No. K793346; and

 

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

 

WHEREAS, the City and PSRC entered into a Second Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office on April 8, 1988, at Book K1788, page 605, as Document No. K822554; and

 

WHEREAS, by an Assignment Agreement, PSRC assigned all of its right, title and interest in the Development Plan for Stage 1 to Four Seven Redevelopment Corporation, which was approved by Committee Substitute for Ordinance 62533, passed by the City Council on May 19, 1988, and recorded in the Jackson County Recorder of Deeds Office on August 2, 1988, at Book K1828, page 1242, as Document No. K839473; and

 

WHEREAS, PSRC proposed an Amended and Restated Development Plan for Stages 2 and 3 (considered as the Third Amendment to the Development Plan), which was approved by Ordinance No. 64361, passed by the City Council on July 13, 1989; and

 

WHEREAS, the City and PSRC entered into a Third Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office on August 25, 1989, at Book K1947, page 688, as Document No. K892384; and

 

WHEREAS, by an Assignment and Assumption Agreement, PSRC assigned all of its right, title and interest in the Development Plan for Stages 2 and 3 to 47th & Jefferson Redevelopment Corporation (“Developer”), which assignment was approved by the City Council through passage of Ordinance No. 64653, as amended, and recorded in the Jackson County Recorder of Deeds Office on July 9, 1990, at Book K2038, page 1912, as Document No. K931799; and

 

WHEREAS, Developer proposed a Fourth Amendment to the Development Plan, which was approved by Ordinance No. 981074, passed by the City Council on April 1, 1999; and

 

WHEREAS, the City and Developer entered into a Fourth Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office on August 4, 1999, as Document No. 1999K0045239; and

 

WHEREAS, Developer proposed a Fifth Amendment to the Development Plan, which was approved by Ordinance No. 010999, passed by the City Council on August 9, 2001; and

 

WHEREAS, the City and Developer entered into a Fifth Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office on January 8, 2002, as Document No. 2002K0001048; and

 

WHEREAS, on January 28, 2003, Developer, Plaza Steppes Limited Partnership, Master Craftsmen Redevelopment Corporation, Mulhern Family Limited Partnership, and the City entered into an Assignment and Assumption Agreement whereby Master Craftsmen Redevelopment Corporation assumed all rights, duties, interests and obligation under the Development Plan with respect to Stage 3 of the Development Plan, which agreement was approved by the City Council on February 6, 2003, by Ordinance No. 030131 and recorded in the Jackson County Recorder of Deeds Office on July 16, 2003, as Document No. 2003K0053133; and

 

WHEREAS, Developer 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, the City and Developer entered into a Sixth Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office on October 8, 2003, as Document No. 2003K0079013; and

 

WHEREAS, Master Craftsmen Redevelopment Corporation proposed a Seventh Amendment to the Development Plan (relating to Stage 3 only), which was approved by the City Council on October 2, 2003, by Committee Substitute for Ordinance No. 030844, and Master Craftsmen Redevelopment Corporation and the City entered into a 353 contract for Stage 3 (considered the Seventh Supplementary Contract), which was recorded in the Jackson County Recorder of Deeds Office on May 18, 2005, as Document No. 2005K0030962; and

 

WHEREAS, Developer proposed an Eighth Amendment to the Development Plan, which was approved by the City Council on July 10, 2008, by Ordinance No. 080574; and

 

WHEREAS, the City and Developer entered into an Eighth Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office on August 20, 2008, as Document No. 2008E0089659; and

 

WHEREAS, 46 Summit Redevelopment Corporation proposed a Ninth Amendment to the Development Plan, which was approved by the City Council on October 30, 2008, by Ordinance No. 081029, which also approved the assignment of all development rights of Master Craftsmen Redevelopment Corporation and Mulhern Family Limited Partnership relating to Stage 3 to 46 Summit Redevelopment Corporation; and

 

WHEREAS, 46 Summit Redevelopment Corporation and the City entered into a 353 Contract (considered the Ninth Supplementary Contract), which was recorded in the Jackson County Recorder of Deeds Office on December 12, 2008, as Document No. 2008E127361; and

 

WHEREAS, Master Craftsmen Redevelopment Corporation and Mulhern Family Limited Partnership assigned all of their development rights to Stage 3 to 46 Summit Redevelopment Corporation, which assignment and assumption agreement was recorded in the Jackson County Recorder of Deeds Office on August 4, 2010, as Document No. 2010E0074725; and

 

WHEREAS, 46 Summit Redevelopment Corporation proposed a Tenth Amendment to the Development Plan relating to Stage 3 only, which was approved by the City Council on April 12, 2012, by Ordinance No. 120340; and

 

WHEREAS, 46 Summit Redevelopment Corporation and the City entered into an Amended and Restated 353 Contract relating to Stage 3 only (considered the Tenth Supplementary Contract), which was recorded in the Jackson County Recorder of Deeds Office on January 7, 2013, as Document No. 2013E0001462; and

 

WHEREAS, Developer proposed an Eleventh Amendment to the Development Plan relating to Stage 2b of the Development Plan, which was approved by the City Council on July 25, 2013, by Ordinance No. 130531; and

 

WHEREAS, the City and Developer entered into an Eleventh Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office on January 22, 2014, as Document No. 2014E0005902; and

 

WHEREAS, Developer submitted an application for a Twelfth Amendment to the Development Plan (the “Twelfth Amendment”) to the City, via the Kansas City Chapter 353 Advisory Board (“Board”), on October 1, 2018, which application was revised and resubmitted on November 2, 2018, to, among other things, extend the dates for the commencement and completion of the Stage 2b construction obligations and reduce the level of tax abatement for Stage 2b from what had been previously approved; and

 

WHEREAS, Developer has complied with all the requirements imposed upon it by the Act and Chapter 74; and

 

WHEREAS, review by the City Plan Commission was not required as implementation of the Twelfth Amendment would not require any changes to the existing zoning and is otherwise in compliance with the Comprehensive Plan; and

 

WHEREAS, Developer and the Board provided such notice as is required by the Act and Chapter 74, and

 

WHEREAS, on November 28, 2018, the Board held a public hearing on the Twelfth Amendment, which public hearing was continued from October 24, 2018, at which public hearing all interested parties were given an opportunity to be heard; and

 

WHEREAS, the Board, after fully considering the Twelfth Amendment and the documents and any testimony submitted in connection therewith, recommended approval of the Twelfth Amendment, and transmitted its recommendation to the City Council; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City Council, having reviewed the Twelfth Amendment to the Development Plan (as the same is on file with the Board and is incorporated herein by reference) and given due consideration to the Board’s recommendation, approves the Twelfth Amendment to the Development Plan subject to the execution of a Twelfth Supplementary Contract authorized herein.

 

Section 2. That the Director of City Development is authorized and directed to execute such Twelfth Supplementary Contract for purposes of implementing the Twelfth Amendment to the Development Plan as he shall determine proper and in such form as he shall determine appropriate.

 

Section 3. That all other rights, duties and obligations of Developer not affected by the Twelfth Supplementary Contract shall remain in full force and effect.

 

Section 4. That the City Clerk shall send a copy of this ordinance to the County Clerk and County Executive of Jackson County, Missouri.

 

_________________________________________

 

Approved as to form and legality:

 

 

Brian T. Rabineau

Assistant City Attorney