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Legislation #: 080574 Introduction Date: 6/5/2008
Type: Ordinance Effective Date: 7/20/2008
Sponsor: None
Title: 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)

Legislation History
DateMinutesDescription
6/3/2008 Filed by the Clerk's office
6/5/2008 Referred to Planning and Zoning Committee
6/11/2008 Hold On Agenda (6/25/2008)
6/25/2008 Do Pass
6/26/2008 Assigned to Third Read Calendar
7/10/2008 Passed

View Attachments
FileTypeSizeDescription
080574.pdf Authenticated 206K Authenticated
080574 8th AmendmentApplication.pdf Other 1114K Application for Approval
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080574 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=080574
C000333S12_FACT_SHEET.doc Fact Sheet 98K fact sheet
C000333S12_STAFFRPT_03_18_08.doc Staff Report 87K staff report

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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