ORDINANCE NO. 080574
Approving the Eighth Amendment to
the Development Plan submitted by 47th & Jefferson Redevelopment
Corporation for the Plaza Steppes Redevelopment Project on a tract of land of
approximately 5.4 acres generally bounded by 46th Street on the north, 47th
Street on the south, Jefferson Street on the east, and Summit Street on the west;
and authorizing execution of an Eighth Supplementary Contract with 47th &
Jefferson Redevelopment Corporation. (333-S-12)
WHEREAS, Plaza
Steppes Redevelopment Corporation (PSRC), an urban redevelopment corporation
organized under and pursuant to the Urban Redevelopment Corporation Act of
1945, as amended, on January 4, 1985, filed with the City Clerk 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 PSRC
proposed a First Amended Redevelopment Plan which was approved by the City
Council on July 12, 1987, by Ordinance No. 61095; 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 PSRC
assigned the right to develop Stage 1 to Four Seven Redevelopment Corporation,
which assignment was approved by the City Council by Committee Substitute
Ordinance No. 62533, dated May 19,k 1988. The assignment released PSRC of all
its obligations with respect to Stage 1; and
WHEREAS, PSRC proposed
a Third Amendment to its Development Plan which was approved by Ordinance No.
64361, As Amended, passed July 13, 1989; and
WHEREAS, by
Assignment and Assumption Agreement, PSRC 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, on July
31, 1989, PSRC assigned to 47th and Jefferson Redevelopment Corporation (47th
and Jefferson) all of its right, title and interest in and to any and all
rights under the Original Development Plan, as amended. Pursuant to an Assignment
and Assumption Agreement dated June 13, 1991 (the Assignment Agreement), 47th
and Jefferson assigned to Plaza Steppes Limited Partnership (Plaza Steppes),
a Delaware limited partnership, all right, title and interest under the
Original Development Plan as amended, with respect to Stage 2a, which
Assignment Agreement was approved by the City Council by Ordinance No. 911566;
and
WHEREAS,
pursuant to Resolution No. 930544 adopted by the City Council on June 10, 1993,
the City Development Department issued a Certificate of Full Compliance for
Stage 2a; and
WHEREAS, 47th
and Jefferson proposed a Fourth Amendment to the Development Plan which was
approved by Ordinance No. 981074, passed April 1, 1999; and
WHEREAS, 47th
and Jefferson 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
February 1, 2002, 47th and Jefferson filed a Sixth Amendment (the Sixth
Amendment) to the Amended and Restated Development Plan which was revised and
resubmitted on January 28, 2003, and on April 3, 2003. The Sixth Amendment was
approved by the City Council on June 26, 2003, by Ordinance No. 030610; and
WHEREAS, on
January 28, 2003, 47th & Jefferson, Plaza Steppes, Master Craftsmen
Redevelopment Corporation, a Missouri urban redevelopment corporation ("Master
Craftsmen"), 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 Master Craftsmen assumed all rights, duties, interests
and obligations under the Development Plan with respect to Stage 3 of the
redevelopment project which was approved by City Council on February 6, 2003 by
Ordinance No. 030131; and
WHEREAS, on February
14, 2003, Master Craftsmen Redevelopment Corporation filed a Seventh Amendment
(the Seventh Amendment) to the Amended and Restated Development Plan which was
revised and resubmitted on June 27, 2003. The Seventh Amendment was approved
by the City Council on October 2, 2003, by Ordinance No. 030844. The Original
Development Plan, as amended by the First and Second Amended Development Plan,
the Amended and Restated Development Plan, the Fourth, Fifth, Sixth and Seventh
Amendment is hereinafter referred to as the Development Plan; and
WHEREAS, the 47th
and Jefferson desires to amend the Development Plan to extend the dates for the
commencement and completion of Developers Stage 2b construction obligations in
the Redevelopment Area; and
WHEREAS, the
City Plan Commission caused to be published in The Kansas City Daily Record, a
newspaper doing the Citys printing, on March 3, 2008, that date being not less
than ten days prior the date set for the hearing, notice of the public hearing
on the Seventh Amendment to the Development Plan; and
WHEREAS, the City
Plan Commission held a public hearing on the Eighth Amendment to the
Development Plan on March 18, 2008; and
WHEREAS, at the
public hearing conducted by the City Plan Commission, all interested parties
were given an opportunity to be heard; and
WHEREAS, the
City Plan Commission has made a study and investigation of the proposed Eighth
Amendment to the Development Plan and, on March 18, 2008, recommended approval
of the Eighth Amendment to the Development Plan and submitted a report of the
same, a copy of which is attached hereto and incorporated herein by reference
as Exhibit A; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the application of 47th & Jefferson Redevelopment Corporation for approval
of a Eighth Amendment to the Development Plan for Stage 2b of the Plaza Steppes 353 Development Plan, including all
exhibits incorporated therein, is hereby incorporated by reference and approved
as an Eighth Amendment to the Development Plan as originally approved by
Ordinance No. 58641, passed November 27, 1985; as amended by Ordinance No.
61095, passed June 12, 1987; as amended by Ordinance No. 62109, passed March 3,
1988, as amended by Ordinance No. 64361, as amended, passed July 13, 1989; as
amended by Ordinance No. 981074, passed April 1, 1999, as amended by Ordinance
No. 010999, passed August 9, 2001, as amended by Ordinance No. 030131 passed
February 6, 2003, as amended by Ordinance No. 030610 passed June 26, 2003 and
as further amended by Ordinance No. 030844 on October 2, 2003. A copy of the
application and exhibits are on file in the office of the City Clerk with this
ordinance and is incorporated herein by reference.
Section 2. That
the Council hereby finds and declares that good cause has been shown for the
approval of the Eighth Amendment to the Development Plan of 47th &
Jefferson Redevelopment Corporation and that the findings and declarations made
by the Council in Section 2 of Ordinance No. 58641 with respect to the
Development Plan have not been affected by the amendments thereto and equally
apply to said Development Plan, as amended.
Section 3. That
the Council hereby finds and determines that the public convenience and
necessity will be served by the Development Plan, as amended.
Section 4. That
the Director of Finance be, and he is hereby, authorized and directed on behalf
of the City to enter into an Eighth Supplemental Contract with 47th &
Jefferson Redevelopment Corporation, a copy of which, in substantial form, is
attached hereto as Exhibit B and is hereby approved.
______________________________________________
I hereby certify
that all public notices have been given and hearings have been held required by
Chapter 74, Code of Ordinance of the City of Kansas City, Missouri.
_______________________________
Secretary, City Plan Commission
Approved as to form and legality:
_______________________________
Heather A. Brown
Assistant City Attorney