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Last Published: 10/6/2014 2:17:59 PM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Presided:1 - ED FORD
Present:4 - JIM GLOVER, SCOTT TAYLOR, SCOTT WAGNER, MELBA CURLS
 

140261
COMMUNICATION - Notice of Intent to accept the Industrial Development Contact proposal submitted by VHR McGee, LLC for the Screenland Project at 1701 McGee Street in the Amended and Restated 18th and McGee PIEA Redevelopment Area in the 4th Council District.


RECEIVED AND FILED

Ayes: 5 - Ford, Glover, Taylor, Wagner, Curls
Nays: 0

140266
Approving the preliminary plat of Hardesty Renaissance on an 18-acre tract of land generally located south of Independence Avenue and east of Hardesty Avenue in District M1-5. (SD 1465)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS, DEBATE"
Joe Rexwinkle, City Planning and Development, gave the staff report on the Ordinance. The applicant proposes to rehabilitate and reuse the existing buildings onsite, beginning with Building 11 which is located in the southwestern corner of the 18 acre site adjacent to Hardesty Ave, however the entire site is proposed to be platted with that portion of the site surrounding Building 11 shown as Lot 1 on the drawing. While the site is 18 acres, Lot 1 is approximately 4 acres in size. The applicant intends to submit an application to final plat Lot 1 following approval of this preliminary plat and intends to final plat out the rest of the property incrementally with each building being on its own lot.
Ayes: 5 - Ford, Glover, Taylor, Wagner, Curls
Nays: 0

140272
Authorizing the Director of City Development to cast one or more ballots on behalf of the City consenting to a sales tax within the 4840 Community Improvement District.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS, DEBATE"
Jeffrey Williams, City Planning and Development, Brian Rabineau, City Law Department each participated in presenting the staff report on the Ordinance. Mr. Rabineau testified that this is, essentially, a housekeeping Ordinance.
Ayes: 5 - Ford, Glover, Taylor, Wagner, Curls
Nays: 0

130814
(Sub.)
Amending Sections 88-580, Historic Designations and 88-585, Certificates of Appropriateness; and adding a new Section 88-810-045, Administrative Official, to clarify the procedure for historic designations. (254-S-286)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA (4/16/2014)"

Ayes: 5 - Ford, Glover, Taylor, Wagner, Curls
Nays: 0

140185
Accepting the recommendations of the Tax Increment Financing Commission as to the Eleventh Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan; approving the Eleventh Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan; setting forth findings relating to the Plan; authorizing the Commission to issue obligations to finance Redevelopment Project Costs; approving the pledge of all funds generated from Redevelopment Projects and deposited into the Southtown Corridor/31st & Baltimore account; providing for payment to taxing districts of surplus funds; and directing the City Clerk to transmit copies of this ordinance.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "DO PASS"
Heather Brown, TIF Commission, gave the staff report on the Ordinance. It was noted that this is a companion Ordinance with 140237. The proposed Eleventh Amendment to the Southtown TIF Plan provides for: (1) Certain modifications to the budget of Estimated Redevelopment Project Costs, (2) Up to $1,104,125 generated and deposited each year within the Special Allocation Fund established in connection with Redevelopment Project I (the “Project I SAF”) to be utilized to pay or reimburse Redevelopment Project Costs related to Redevelopment Project D, and, in each such year, all remaining Payments in Lieu of Taxes and Economic Activity Taxes in excess of $1,104,125 that are deposited within the Project I SAF shall be deemed surplus and shall be distributed to the affected taxing districts in accordance with Section 99.850 RSMo., (3) Upon payment or reimbursement of Redevelopment Project Costs related to Redevelopment Project D in the amount of $2,208,250, together with the payment of all administrative costs incurred by the Commission in connection with Redevelopment Project I and Redevelopment Project D, from amounts on deposit in the Project I SAF, subject to Section 99.850 RSMo., (A) all remaining amounts in the Project I SAF shall be declared surplus and distributed to the affected taxing districts and (B) the Project I SAF shall be dissolved, and (4) Upon dissolution of the Project I SAF and the passage of a separate ordinance of the City Council, the termination of Redevelopment Project I. The intent of the Southtown TIF Plan remains unchanged other than those changes specifically mentioned herein.
Ayes: 5 - Ford, Glover, Taylor, Wagner, Curls
Nays: 0

140232
(Sub.)
Amending Chapter 88, the Zoning and Development Code, Section 88-610-01-E. Certificates of Legal Nonconformance, to revise restrictions as to when an application for a certificate of legal nonconformance must be made. (254-S-289)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE, DEBATE"
Patty Noll, City Planning and Development, gave the staff report on the Ordinance. Since 1975, the zoning ordinance has included time restrictions on when a certificate of legal nonconformance may be filed after a property has been deemed nonconforming, either through a zoning ordinance text amendment or rezoning. The intent of nonconforming regulations is to clarify the effect of the “nonconforming” status and avoid confusion with illegal buildings that were constructed and uses that were established in violation of zoning regulations. In compliance with many area plans adopted during the past several years, certain neighborhoods have been “downzoned” from more intense zoning classifications to those that represent the area plan’s land use recommendation as well as the built form and uses of a neighborhood. Further, through zoning ordinance amendments as well as conversion to the new Zoning & Development Code in 2011, nonconformities have resulted. Since 1975, the zoning ordinance has included time restrictions on when a certificate of legal nonconformance may be filed after a property has been deemed nonconforming, either through a zoning ordinance text amendment or rezoning. The intent of nonconforming regulations is to clarify the effect of the “nonconforming” status and avoid confusion with illegal buildings that were constructed and uses that were established in violation of zoning regulations. In compliance with many area plans adopted during the past several years, certain neighborhoods have been “downzoned” from more intense zoning classifications to those that represent the area plan’s land use recommendation as well as the built form and uses of a neighborhood. Further, through zoning ordinance amendments as well as conversion to the new Zoning & Development Code in 2011, nonconformities have resulted. To encourage owners of nonconforming properties to make application as soon as possible after creation of the nonconformity, when information was readily available, various time restrictions were imposed. However, the requirement that a property owner file within one year was troublesome. Legally, staff was not able to grant a CLN if the application was not filed within the year, regardless of whether the property was created legally and had been in continuous use since construction.
Ayes: 5 - Ford, Glover, Taylor, Wagner, Curls
Nays: 0

140237
(Sub.)
Directing the City Manager or his designee to execute an acknowledgement that the City, through its Board of Parks and Recreation Commissioners, waives its right to additional reimbursements from the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "DO PASS AS A COMMITTEE SUBSTITUTE"
Heather Brown, TIF Commission, gave the staff report on the Ordinance. It was noted that this is a companion Ordinance with 140185. There have been negotiations between the TIF Commission, the taxing jurisdictions, the developer and stakeholders involved with Project I of the TIF Plan. An agreement was made between all parties to support the companion Ordinance 140185. In order for Ordinance 140185 to approve the Eleventh Amendment Change to the Southtown Corridor/31st & Baltimore TIF Plan to be executed, the City must waive its right to additional reimbursements in the amount of $831,059.82. The City anticipates receiving $2,825,964.01 in the current fiscal year.
Ayes: 5 - Ford, Glover, Taylor, Wagner, Curls
Nays: 0

140245
(Sub.)
Approving the deletion of a Chapter 80 development plan on about 8 acres generally located on the south side of US Highway 40 and on the west side of Logan Avenue; imposing zoning conditions on the development of property on the site. (10389-P-4)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "DO PASS AS A COMMITTEE SUBSTITUTE"
Sarah Anzicek, city Planning and Development, reminded the Committee that this case was held last week because the applicant was not present. The Committee declined reppeating the staff report as it was heard last week. The applicant is requesting an amendment to a previously approved development plan (Case No. 10389-CP-3) to delete the plan on the property. Currently, the site is attached to a Chapter 80 development plan, which requires final plan submittal to the City Plan Commission for any phase of development on the site. This submittal includes landscaping, lighting plans, signage and other items to be submitted with a site plan to the Commission.
Ayes: 5 - Ford, Glover, Taylor, Wagner, Curls
Nays: 0
 
 1. There may be discussion on the Economic Development Incentive Policy.
 
 2. There may be discussion of Council Priorities relating to economic development.
 
 3. There may be general discussion regarding current Planning, Zoning and Economic Development issues.
 
 4. Pursuant to the following subsections of Section 610.021 of the Revised Statutes of Missouri, there may be a closed session to discuss: (1) legal matters, litigation, or privileged communications with attorneys, pursuant to subsection 1; (2) real estate, pursuant to subsection 2; (3) personnel, pursuant to subsection 3 and 13; and/or (4) sealed bids or proposals, pursuant to subsection 12.
 
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