COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 100283
Approving the Metro North Mall
PIEA General Development Plan for an area of approximately 100 acres generally
bounded by N.W. Barry Road on the south, U.S. Highway 169 on the west, N.W.
88th Street on the north and N. Baltimore Avenue and N. Wyandotte Avenue on the
east, and declaring the area included in such plan to be a blighted area in
need of redevelopment and rehabilitation pursuant to the Missouri Planned
Industrial Expansion Authority Law. (679-S)
WHEREAS, the Planned
Industrial Expansion Authority of Kansas City, Missouri did prepare or cause to
be prepared the Metro North Mall PIEA 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 of the Metro North Mall PIEA General Development Plan on April 20,
2010, as evidenced by its disposition of the case and its written
recommendations submitted to the city on April 20, 2010; and
WHEREAS, on May
19, 2010, the Council held a public hearing on the Metro North Mall PIEA
General Development Plan, after the required public notices were given and all
interested parties were afforded a reasonable opportunity to express their
views respecting the proposed plan at the public hearing.
WHEREAS,
the Council has reviewed the blight study for the Metro North Mall PIEA
Planning Area prepared by Sterrett Urban, LLC on March 26, 2010, with a revised
date of May 19, 2010;
WHEREAS, Section
100.400, RSMo, authorizes the Council to make a finding that an area is a
blighted area and approve a general development plan for such area 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,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the Council finds the Metro North Mall PIEA Planning Area, which area contains
approximately 100 acres generally bounded by N.W. Barry Road on the south, U.S.
Highway 169 on the west, N.W. 88th Street on the north and N. Baltimore Avenue
and N. Wyandotte Avenue on the east, and is more specifically described by
metes and bounds as follows:
Tracts 1, 2, 3, 4,
5, 6 and 8, METRO NORTH, in Kansas City, Clay County, Missouri, as is shown on
the recorded plat thereof recorded in Plat Book 16 at Pages 44 thru 47 of Deed
Records of Clay County, Missouri,
to be a blighted area as defined
in Section 100.310, RSMo, and more specifically finds that there is a predominance
of defective and inadequate street layout, insanitary and unsafe conditions,
deterioration of site improvements, improper subdivision or obsolete platting,
and the existence of conditions which endanger life and property by fire and
other causes in such planning area and as a result of the predominance of those
conditions the planning area in its present condition and use constitutes an
economic and social liability and a serious menace to the public health,
safety, morals, and welfare.
Section 2. That
Metro North Mall PIEA 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 3. That
the Council has duly made the findings necessary for compliance with Section
100.300-100.620, RSMo.
Section 4. That a copy of the Metro North Mall PIEA General Development
Plan is attached to this ordinance and is made a part hereof and is hereby
approved subject to the following revisions:
1.
Page 27 – Development Strategy. Add the following sentence to the end
of the third paragraph: “In addition, any development proposal must address
remediation of the blighting conditions found in the separate Blight Analysis.”
2.
Page 31 – Proposed Street Changes. Delete the first sentence under
“Proposed Street Changes” and replace with the following sentence: “No
specific street changes or street grade changes are proposed for the Planning
Area; however, street layout must be updated as necessary to accommodate
specific projects approved for redevelopment and to ensure blighting conditions
are remedied.”
3.
Page 32 – Proposed Changes in Public Facilities. Delete the first
sentence under “Proposed Changes in Public Facilities” and replace with the
following sentence: “No specific changes are proposed to public facilities
located within the Planning Area; however, public facilities must be updated as
necessary to accommodate specific projects approved for redevelopment and to
ensure blighting conditions are remedied.”
4.
Page 36 – Eminent Domain. At the end of the sentence in the second
paragraph insert the following “provided, however, the PIEA’s use of eminent
domain shall be for the purpose of remediating the blighting conditions
referenced in the separate Blight Analysis as required by Chapter 523, RSMo.”
Section 5. That the ad valorem tax exemption
benefits as authorized in Section 100.570, RSMo, may be extended to the plan
area to the extent and in the manner as provided for in the General Development
Plan, subject to the approval of the City Council in a separate action, and
subject to the execution of a development agreement between the Planned
Industrial Expansion Authority and the developer.
_____________________________________________
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:
_________________________________
Heather A. Brown
Assistant City Attorney