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Legislation #: 150331 Introduction Date: 4/30/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving the Second and Delaware Chapter 353 Development Plan on a tract of land generally bounded by the railroad right-of-way on the north, Main Street on the east, W. Second Street on the south, and the Market Station apartment complex on the west, all in Kansas City, Jackson County, Missouri; declaring the area included in such plan to be a blighted area; authorizing certain tax abatements and providing for the payment of certain payments in lieu of tax; estimating and appropriating revenues in the amount of $2,900,000.00 for the purposes of funding certain public infrastructure improvements; designating requisitioning authority; and authorizing the execution of certain agreements in connection with the foregoing.

Legislation History
DateMinutesDescription
4/30/2015 Filed by the Clerk's office
4/30/2015 Referred to Planning, Zoning & Economic Development Committee
5/6/2015 Hold On Agenda (5/20/2015)
5/20/2015 Hold On Agenda (6/10/2015)
6/10/2015 Advance and Do Pass as a Committee Substitute, Debate
6/11/2015 Passed as Substituted

View Attachments
FileTypeSizeDescription
150331.pdf Authenticated 258K Authenticated
150331-Chapter 353 Advisory Board - Second Delaware - Ordinance Fact Sheet (00176929xA7821).pdf Fact Sheet 211K Fact Sheet
150331-Second Delaware Chapter 353 Plan.pdf Plan 10967K Chapter 353 Plan
150331-2nd St Delaware St 353 Blight Study and Appendices 012215.pdf Other 5362K Second and Delaware Blight Study
150331-119-2014-0663 2nd and Delaware Multifamily Project REVISED 12.8.2014.pdf Other 1704K Second and Delaware Project Overview

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 150331

 

Approving the Second and Delaware Chapter 353 Development Plan on a tract of land generally bounded by the railroad right-of-way on the north, Main Street on the east, W. Second Street on the south, and the Market Station apartment complex on the west, all in Kansas City, Jackson County, Missouri; declaring the area included in such plan to be a blighted area; authorizing certain tax abatements and providing for the payment of certain payments in lieu of tax; estimating and appropriating revenues in the amount of $2,900,000.00 for the purposes of funding certain public infrastructure improvements; designating requisitioning authority; and authorizing the execution of certain agreements in connection with the foregoing.

 

WHEREAS, Second and Delaware, LLC submitted to the City, via the Kanas City Chapter 353 Advisory Board (the “Board”), an application for the approval of a development plan which contemplated the redevelopment of a tract of land generally bound by W. and E. Sixth Street on the north, Main Street on the east, W. Second Street on the south, and the Market Station apartment complex on the west (the “Second and Delaware Chapter 353 Development Plan”), with such redevelopment to be undertaken by the Second and Delaware Redevelopment Corporation, an urban redevelopment corporation organized under and pursuant to the Urban Redevelopment Corporations Law; and

 

WHEREAS, the Second and Delaware Chapter 353 Development Plan provides for redevelopment of vacant and blighted site into a 275-unit multifamily project; and

 

WHEREAS, review by the City Plan Commission was not required as implementation of the Second and Delaware Chapter 353 Development Plan would not require any changes to the existing zoning and is otherwise in compliance with the Comprehensive Plan; and

 

WHEREAS, the Board provided such notice as is required by law and thereafter held a public hearing on the Second and Delaware Chapter 353 Development Plan; and

 

WHEREAS, the Board, after fully considering the Second and Delaware Chapter 353 Development Plan and the documents submitted in connection therewith, transmitted its recommendation to the City Council; and

 

WHEREAS, the Board recommended approval of the Second and Delaware Chapter 353 Development Plan as submitted, subject to the annual payment of a $20,000 PILOT and the unanimous approval of the affected taxing jurisdictions; and

 

WHEREAS, the on March 21, 2015 the Planned Industrial Expansion Authority (“PIEA”) passed a resolution expressing its support for the project and declaring its intent to issue Industrial Revenue Bonds to provide sales tax exemption on construction materials; and

 

WHEREAS, in connection with implementation of the Second and Delaware Chapter 353 Development Plan, the City wishes to fund the construction of certain capital improvements needed, including certain predevelopment land acquisition and site improvements necessary to address function and economic blight on the site, construction of a new segment of Second Street that will include a connection to Wyandotte Street, and the creation of a pocket park; and

 

WHEREAS, funding for the public improvements will be supported by an anticipated reimbursement in revenues from the Port Authority and associated lease revenues; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Second and Delaware Chapter 353 Development Plan as the same is on file with the Kanas City Chapter 353 Advisory Board and is incorporated herein by reference is hereby approved subject to the execution of the development agreement authorized herein.

 

Section 2. That the area encompassed by the Second and Delaware Chapter 353 Development Plan is hereby determined to be a blighted area as defined by Section 353.020(2), RSMo, and the redevelopment thereof pursuant to the approved Second and Delaware Chapter 353 Development Plan is necessary for the preservation of the public peace, prosperity, health, safety, morals and welfare.

 

Section 3. That the City Manager is authorized to execute such development agreement for purposes of implementing the Second and Delaware Chapter 353 Development Plan as he shall determine proper and in such form as he shall determine appropriate, provided that such agreement shall require an annual payment in lieu of taxes (“PILOT”) in the amount of twenty-thousand dollars ($20,000) to be distributed pro rata to the relevant taxing jurisdictions.

 

Section 4. That upon execution of the development agreement the Second and Delaware Redevelopment Corporation is granted such tax abatements as are provided for in the Second and Delaware Chapter 353 Development Plan, provided however that the amount of the PILOT shall be consistent with the terms of this ordinance notwithstanding any provision to the contrary in the Second and Delaware Chapter 353 Development Plan.

 

Section 5.   That revenue in the following account of the Capital Improvements fund is hereby re-estimated in the following amount.

 

16-3090-640000-485650 Reimbursement from Port Authority              $2,900,000.00

  


 

Section 6. That the sum of $2,900,000 is hereby appropriated from the Unappropriated Fund Balance of the Capital Improvements Fund to the following accounts:

 

16-3090-648404-B-611060   Development-2nd and Delaware        $2,900,000.00

 

Section 7. That the City Manager is designated as requisitioning authority for Account No. 16-3090-158404.

 

Section 8. That the City Manager is authorized to execute such agreements as he shall determine proper, in such forms as he shall determine appropriate, for the purposes of providing for the construction of the improvements to Second Street and the construction of the pocket park. Such agreement may be combined with the development agreement authorized herein if appropriate.

 

_____________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Brian T. Rabineau

Assistant City Attorney