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Legislation #: 990090 Introduction Date: 1/28/1999
Type: Ordinance Effective Date: 3/14/1999
Sponsor: COUNCILMEMBER BACCHUS
Title: Repealing Ordinance No. 980106; designating an expansion to the Kansas City, Missouri Enterprise Zone; directing the City Manager to seek state designation of the expanded zone; and providing for abatement of ad valorem taxes for the same and other local incentives.

Legislation History
DateMinutesDescription
1/28/1999

Prepare to Introduce

1/28/1999

Referred Planning, Zoning & Economic Development Committee

3/3/1999

Advance and Do Pass as a Committee Substitute

3/4/1999

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 990090

 

Repealing Ordinance No. 980106; designating an expansion to the Kansas City, Missouri Enterprise Zone; directing the City Manager to seek state designation of the expanded zone; and providing for abatement of ad valorem taxes for the same and other local incentives.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Ordinance No. 980106 passed March 12, 1998, is hereby repealed and the authority of the City Manager to seek state designation of the expanded zone in accordance with Ordinance No. 980106 is hereby rescinded.

 

Section 2. That these areas in the existing Enterprise Zone and proposed expansion included within the following census tracts and block groups, being areas of pervasive poverty, unemployment, and general distress, which meet all criteria for Enterprise Zone designation established by the State of Missouri, be and the same are hereby designated by the City of Kansas City, Missouri, as an Enterprise Zone:

 

Census Tract Block Group

1 All (1, 2, 3)

2 All (1)

3 Blocks 101, 102, 103, 104, 107, 131

4 Blocks 103, 104, 105, 115, 123 through 141, 202, 208, 209, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 226, 227, 228, 229, 230, 231, 232, 233, 234, 240, 244, 249, 252, 253, 254

5.01 1, 9 and Block 217

5.02 Blocks 916, 917, 918

6 Blocks 218, 219, 220, 223, 401, 402, 403, 404

7 Blocks 213, 214, 215, 216, 410, 411, 412, 413

8 Blocks 213, 214, 215, 216, 412, 413, 414

9 Blocks 223, 224, 227, 316, 319, 321, 322

10 Blocks 201, 207, 209, 214, 215, 226, 501, 507, 508, 513, 514

11 Blocks 102, 103, 106, 107, 108, 115, 116, 217, 509

12 Blocks 101 through 108, 111 through 124, 127, 301 through 316 and 318 through 326

13 1 & Blocks 201, 202, 203, 206, 208, 211, 212, 213, 215, 218, 219, 220

14 1 & Blocks 205, 206, 210, 216, 217, 218, 219, 220, 222, 223, 224

15 All (1, 2, 3, 4)

16 All (1, 2, 3, 4)

17 All (1, 2, 3, 4)

18 Blocks 101, 102, 103, 201, 207, 208, 209

Census Tract Block Group

 

19 Blocks 101, 102, 202, 215, 301, 303, 319, 320, 422, 510 through 515

20 Blocks 101, 102, 103, 104, 109, 110, 111, 307, 308, 311, 312, 315, 402, 404, 405, 406


21 1, 6 and Blocks 519, 520, 521, 522, 524

23 Blocks 102, 106, 107, 118, 119, 120 and 504 through 512

24 2, 3 and Blocks 117, 401, 402, 403, 404

25 All (1, 2, 3)

26 All (1, 2)

27 All (1)

28.01 All (1, 2)

28.02 All (1, 2)

29 Block 403

30 All (1, 2, 3)

31 1 and Blocks 210, 212, 214, 215, 217 through 228, 303, 304, 309, 310, 314, 325 through 330, 401, 402, 403, and 413 through 426

32 All (1, 2, 3)

33 2, 4

35.02 All (1, 3)

36.02 2, 3

38 All (1, 2, 3, 4)

39 All (1, 2, 3, 4)

40 1, 2

41 All (1, 2, 4, 5)

42 3, 4

43 1, 3 and Blocks 512, 513 and 514

45 Blocks 103, 109, 113, 114, 116, 117, 118, 120, 124, 125, 126, 128, 129, 130, 131 and 215 through 223

47 Blocks 113, 123, 125, 126, 204, 205 206, 209, 210, 211

49 All (1, 2, 3, 4)

50 1

51 1

52 2 and Block 113

53 3, 4

54 1, 2

55 1

56.01 3, 4

56.02 4

58.02 Blocks 108, 121, 122, 125

59.01 Blocks 901, 908, 909

59.02 1, 3 and Blocks 229 and 230

78.01 1

Census Tract Block Group

 

78.02 Blocks 116 through 126, 128, 319, 323, 324, 325

87 Blocks 301, 310, 311, 320, 325, 328

88 Blocks 229, 706, 715

89 Blocks 113, 305, 306, 314, 315, 316, 317, 318, 321, 904, 909, 913, 914

90 Blocks 101, 121, 122, 136, 501

96 Blocks 127, 128, 129, 130, 131, 132, 133, 324, 501, 502, 503, 909, 910, 920, 922, 923, 924, 926, 927

103.01 All (1)

104.01 Blocks 117, 130, 222, 223

104.02 Block 144

130.01 All (1)

130.03 3

200 Blocks 102, 103, 104, 105, 404, 405, 406, 411, 412, 413, 908, 909, 910

202.02 Blocks 920,924

206.02 Blocks 114, 119, 199, 215, 221

206.04 Block 103

207 (includes under- Blocks 323, 324, 325, 326, 327

ground space)

215 Blocks 917, 918, 926, 927, 928, 929, 935, 936, 938, 939, 989

 

The portion of the zone contained within Census Tract 130.03, Block Group 3, shall be limited to the area legally described as:

 

All or part of the following subdivisions: "BANNISTER SQUARE BUSINESS CENTER REPLAT", "MARION INDUSTRIAL PARK", "MARION INDUSTRIAL PARK 2ND PLAT", "KEMBLE ACRES", "HICKMAN BUSINESS CENTER", "KRAMER INDUSTRIAL PARK", "BANNISTER STOR-ALL", "A & A ACRES", "KING'S ROSE HILL SUBDIVISION", "HOLMES PARK", "REPLAT OF HOLMES PARK", "SHOWBIZ PIZZA PLACE", and "RESURVEY OF PARCELS 2 AND 3 VENTURE CENTER", all subdivisions according to the recorded plats thereof, including the following streets, drives, avenues, highways, and alleys; Marion Park Drive, 103rd Street, Hickman Mills Drive, Interstate 470, U.S. Highway No. 71, Interstate 435, Woodfield Drive, Cypress Avenue, 95th Street Terrace, 96th Street, King's Highway, Elmwood Avenue, and the alleys in Blocks 1 and 3, Holmes Park, as said streets, drives, avenues, highways, and alleys are now established and the right-of-way of the Burlington Northern Railroad (formerly the St. Louis and San Francisco Railroad), together with other lands situated in Section 26, Township 48, Range 33, and in Section 35, Township 48, Range 33, all in Kansas City, Jackson County, Missouri, and lying generally south of Bannister Road; north of Interstate 470 and easterly of U.S. Highway No. 71.

The boundary of the Redevelopment Area is more specifically described as beginning at the northeast corner of Lot 1, "BANNISTER SQUARE BUSINESS CENTER REPLAT"; thence south along the east line of said Lot 1 and along the east line of Lot 3 in said "BANNISTER SQUARE BUSINESS CENTER REPLAT", a distance of 439 feet; thence in a southerly and southwesterly direction along the east line of said Lot 3 and along a curve to the right, tangent to the last described course and having a radius of 300.00 feet, an arc distance of 176 feet to the southeast corner of said Lot 3, said corner also being on the north line of the Southwest 1/4 of the Southeast 1/4 of Section 26, Township 48, Range 33; thence east 120 feet to the northeast corner of said 1/4 1/4 section; thence south along the east line of said 1/4 1/4 section and along the east line of the west 1/2 of the Northeast 1/4 of Section 35, Township 48, Range 33 and along the southerly prolongation thereof, a distance of 3991 feet to a point on the south right-of-way line of 103rd Street, as now established; thence east along said south right-of-way line, a distance of 491 feet, more or less, to the northwest corner of "SLEEPY HOLLOW", a subdivision in said city, county, and state; thence the following courses along the westerly boundary lines of said "SLEEPY HOLLOW" subdivision; south 844 feet, east 200 feet, south 390 feet, southwesterly 91 feet, west 572 feet, south 30 feet, west 141 feet to a point on the easterly right-of-way line of Hickman Mills Drive, as now established; thence southeasterly 461 feet to the southwest corner of said "SLEEPY HOLLOW" subdivision; thence westerly, departing from said subdivision boundary along the northerly right-of-way line of Interstate Route 470, as now established, 100 feet, more or less, to a point on the westerly right-of-way line of said Hickman Mills Drive, said point also being opposite and 209 feet northerly of Station 47+85 of the right-of-way base line of the eastbound lanes of said Interstate 470, as now established; thence westerly along the last said right-of-way line, 440 feet, more or less, to a point on the westerly right-of-way line of the Burlington Northern Railroad that is opposite and 30 feet northerly of Station 43+55 of said right-of-way base line; thence northwesterly 795 feet, more or less, to a point opposite and 50 feet northeasterly of Station 35+51.26 of said right-of-way base line; thence northwesterly, parallel with said right-of-way base line, a distance of 818 feet; thence in a northwesterly direction along a curve to the left, tangent to the last described course having a radius of 1483 feet, an arc distance of 355 feet; thence in a northwesterly and northerly direction along a curve to the right having a radius of 1637 feet, an arc distance of 1500 feet, more or less, to the intersection of the westerly right-of-way line of said Hickman Mills Drive and the prolongation of the easterly right-of-way line of Interstate 435, as now established; thence North 60 West, a distance of 245 feet; thence North 23 30' West, a distance of 660 feet; thence North 35 West, a distance of 165 feet, more or less, to a point on the southerly prolongation of the easterly right-of-way line of U.S. Highway No. 71, as now established; thence northerly along said prolongation and along the last said right-of-way line, a distance of 720 feet to a jog in said right-of-way line; thence west along said jog, a distance of 23 feet; thence northerly along the last said right-of-way line, a distance of 1420 feet to an angle point; thence northerly along said right-of-way line, a distance of 140 feet to an angle point; thence northerly along said right-of-way line, a distance of 52 feet; thence northerly along the last said right-of-way line, a distance of 270 feet to an angle point on the southerly right-of-way line of Woodfield Drive, as now established; thence westerly along a jog in said easterly right-of-way line, along a curve to the left having a radius of 180.00 feet, an arc distance of 46 feet; thence northerly along said right-of-way line, a distance of 50 feet to an angle point in said easterly right-of-way line that is opposite and 143 feet east of Station 404+09 of the right-of-way base line of said U.S. Highway No. 71; thence north along said right-of-way line, a distance of 695 feet to an angle point therein that is opposite and 293 feet east of State 410+95 of said right-of-way base line; thence westerly along said right-of-way line, a distance of 49 feet to an angle point therein that is opposite and 248 feet east of Station 411+16 of said right-of-way base line; thence northerly along said right-of-way line, a distance of 80 feet to a point on the southerly right-of-way line of Bannister Road; thence northeasterly along last said right-of-way line, a distance of 135 feet; thence southeasterly along said southerly right-of-way line, a distance of 140 feet; thence northeasterly along said right-of-way line and along the prolongation thereof, a distance of 180 feet to the point of intersection of the south right-of-way line of Bannister Road and the northeasterly right-of-way line of the Burlington Northern Railroad; thence easterly along said south right-of-way line, a distance of 80 feet; thence northeasterly along said south right-of-way line, a distance of 45 feet; thence easterly along said south right-of-way line, a distance of 400 feet; thence easterly, a distance of 80 feet to a point on the east right-of-way line of Hickman Mills Drive extension, as now established; thence south along the last said right-of-way line, a distance of 580 feet; thence southwesterly along the last said right-of-way line, a distance of 87 feet to a point on the west line of Lot 2, "SHOWBIZ PIZZA PLACE", a subdivision in said city, county, and state; thence south along the last said west line, a distance of 130 feet to the southwest corner of the last said Lot 2, said point also being the northwest corner of Parcel 2, "RESURVEY OF PARCELS 2 AND 3, VENTURE CENTER"; thence east along the north line of said parcel 2, a distance of 1125 feet to the northeast corner thereof; thence easterly, a distance of 545 feet to the northerlymost corner of Lot 6, "BANNISTER SQUARE BUSINESS CENTER REPLAT", a subdivision in said city, county, and state; thence southeasterly 166 feet to an angle point in the north line of Lot 4 in the last said subdivision; thence east along the north lines of Lots 4 and 2 in the last said subdivision, a distance of 440 feet to a point on the west line of Lot 1 in the last said subdivision; thence north 180 feet to the northwest corner of the last said Lot 1; thence east, a distance of 267 feet to the point of beginning. Except that part thereof in public thoroughfares not shown as a project number on Exhibit 1.

 

The portion of the zone contained within Census Tract 202.02, Block 920, shall be limited to the area lying south of the south line, N 1/2, fractional SW 1/4, Section 3-T, 50-R 33, Kansas City, Clay County, Missouri.

 

The portion of the zone contained within Census Tract 206.02, Block 199, Census Tract 206.04, Block 103, Census Tract 207, Blocks 324, 325, 326 and 327 and Census Tract 215, Blocks 926, 927, 928, 929, 935, 936, 938 and 939 and which is under the ownership of Hunt Midwest Enterprises, Inc., shall be limited to the area legally described as:

 

All of the South 1/2 of the Northeast 1/4, the North 1/2 of the Southeast 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 4, Range 50, Township 32. All of Section 3, Range 50, Township 32. All of Section 10, Range 50, Township 32. All of Section 35, Range 50, Township 32. All of Section 2, Range 50, Township 32. All of the West 1/2 of the Northeast 1/4 of Section 11, Range 50, Township 32.

 

The portion of the zone contained within Census Tract 207, Block 324, which is bounded on the south by Parvin Road, on the west by I-435, on the north by N.E. 48th Street and on the east by the west line of the East 1/2 of Section 3, Township 50, Range 32, shall be limited to underground space only.

 

The portion of the zone contained within Census Tract 215, Blocks 917, 918, and 989, which lies east of the west line of the East 1/2 of the Northeast 1/4 of Section 1, Township 50, Range 32, and which is under ownership of Property Reserve, Inc., shall be limited to the area legally described as:

 

All that part of East 1/2 of Section 12, the Northwest 1/4, the Northwest 1/4 of the Northeast 1/4 and the Northwest 1/4 of the Southwest 1/4 all in Section 7, all of Section 6, the West 1/2 of Section 5, all in Township 50 North, Range 31 West, and the South 1/2 and the South 1/2 of the Northeast 1/4 of Section 31, and the Southwest 1/4 of Section 32, all in Township 51 North, Range 31 West, all in Kansas City, Clay County, Missouri, more particularly described as follows:

 

Commencing at the intersection of the northerly right of way line of Missouri State Route No. 210, as now established, with the west line of the Southeast 1/4 of the Southeast 1/4 of said Section 12; thence easterly, along said northerly line, being a curve to the left, having a radius of 2739.79 feet, and a central angle of 5 08'56", an initial tangent bearing of North 88 37'28" East, an arc distance of 246.21 feet to the southeast corner of Lot 15, NORTHLAND PARK, PHASE I, a subdivision in said Kansas City, Clay County, Missouri according to the recorded plat thereof, and the true point of beginning of the tract of land to be herein described; thence North 0 24'14" East, along the east line of said Lot 15, a distance of 2661.87 feet (2659.11 feet, plat) to the northeast corner thereof and a point on the south line of Northeast 38th Court as now established; thence North 89 42'57" West (North 89 49'11" West, plat) along said lot line, a distance of 138.58 feet (139.00 feet, plat); thence westerly, northwesterly and northerly along said lot line, being a curve to the right from the last described course as a tangent, having a radius of 60 feet and a central angle of 80 24'21", an arc distance of 84.20 feet; thence North 89 42'57" West, along said lot line, a distance of 61.05 feet to the northeast corner of the Southwest 1/4 of the Northeast 1/4 of said Section 12; thence North 0 07'40" East, a distance of 1311.51 feet along the west line of Northeast 1/4 of the Northeast 1/4 of said Section 12; thence North 0 34'32" East, a distance of 2638.78 feet along the west line of the East 1/2 of the Southeast 1/4 of said Section 1; thence North 0 34'20" East, a distance of 1155.90 feet along the west line of the East 1/2 of the Northeast 1/4 of said Section 1 to a point on the southeasterly line of the Norfolk Southern Railroad, as now established 69.00 feet normally distant from the centerline of the Main Tract; thence North 47 53'46" East, along said southeasterly line, a distance of 225.08 feet to an angle point therein; thence North 43 48'36" East, along said southeasterly line, a distance of 271.40 feet to an angle point therein, which is 56.00 feet normally distant from the centerline of the Main Tract; thence North 45 12'49" East, along said southeasterly line, a distance of 6486.05 feet to its intersection with the southwesterly line of that certain tract of land conveyed to the Birmingham Drainage District by quit claim deed filed June 1, 1982 as Document No. E39773 in Book 1462 at page 749; thence South 44 55'25" East, along said southwesterly line, a distance of 266.35 feet to the most southerly corner of said tract; thence North 45 04'36" East, along the southeasterly line of said tract, a distance of 125.99 feet to its intersection with the southwesterly line of the Birmingham Drainage District levee, as constructed; thence generally southeasterly along said southwesterly line the following courses and distances:

 

Thence along a curve to the left having a radius of 310.00 feet and a central angle of 15 06'21", and an initial tangent bearing of South 67 29'49" East, an arc distance of 81.73 feet; thence South 82 36'10" East, tangent to the last described curve, a distance of 257.93 feet to a point of curvature; thence along a curve to the right, from the last described course as a tangent, having a radius of 7400.00 feet and a central angle of 1 44'07", an arc distance of 224.10 feet; thence South 80 52'03" East, tangent to the last described curve, a distance of 301.23 feet to a point of curvature; thence along a curve to the right, from the last described course as a tangent, having a radius of 400.00 feet and a central angle of 44 22'06", an arc distance of 309.75 feet; thence southeasterly, along a curve to the right, having a common tangent with the last described curve, having a radius of 4300.00 feet and a central angle of 3 22'20", an arc distance of 253.09 feet; thence South 33 07'37" East, tangent to the last described curve, a distance of 1558.16 feet to a point of curvature; thence along a curve to the right, from the last described course as a tangent, having a radius of 775.00 feet and a central angle of 7 33'48", an arc distance of 102.30 feet; thence South 25 33'50" East, tangent to the last described curve a distance of 153.68 feet to a point of curvature; thence along a curve to the right, from the last described course as a tangent, having a radius of 3100.00 feet and a central angle of 7 15'00", an arc distance of 392.26 feet; thence South 18 18'50" East, tangent to the last described curve, a distance of 951.50 feet to a point of curvature; thence along a curve to the left, from the last described course as a tangent, having a radius of 3710.00 feet and a central angle of 4 51'24", an arc distance of 314.48 feet; thence South 23 10'14" East, tangent to the last described curve, a distance of 853.65 feet to a point of curvature; thence along a curve to the right, from the last described course as a tangent, having a radius of 7645.00 feet and a central angle of 1 36'36", an arc distance of 214.81 feet; thence South 21 33'39" East, tangent to the last described curve, a distance of 468.62 feet to a point of curvature; thence along a curve to the right, from the last described course as a tangent, having a radius of 1435.00 feet and a central angle of 5 20'40", an arc distance of 133.85 feet; thence South 16 12'59" East, tangent to the last described curve, a distance of 324.37 feet to its intersection with the northwesterly line of Missouri State Route 210; thence generally southwesterly along said northwesterly line, and no longer along the southwesterly line of the levee, the following courses and distances:

 

Thence South 47 35'29" West, a distance of 730.16 feet; thence South 35 25'11" West, a distance of 260.86 feet; thence South 47 35'29" West, a distance of 1545.00 feet; thence South 46 09'33" West, a distance of 400.13 feet; thence South 47 35'29" West, a distance of 6424.04 feet to the southeast corner of Lot 1, Northland Park Phase I; thence continuing along said northwesterly line, said line also being the southeasterly line of said Lot 1 South 47 35'29" West, a distance of 192.41 feet (187.50 feet, plat); thence southwesterly, along a curve to the right, from the last described course as a tangent, having a radius of 2739.79 feet and a central angle of 35 53'04", an arc distance of 1715.93 feet to the point of beginning.

 

Section 3. That the City Manager is hereby authorized and directed to comply with all prerequisites and requirements for designation and administration of the Enterprise Zone.

 

Section 4. That any improvements made to real property prior to August 28, 1991, lying within the Enterprise Zone established at the date of the improvements shall be entitled to retain tax abatement previously granted, specifically such improvements to real property shall remain exempt from assessment and payment of 50% of the ad valorem taxes of such improvements for a period of ten (10) years.

 

Section 5. (a) That upon designation of an area as an Enterprise Zone or a Satellite Enterprise Zone pursuant to Sections 135.207 and 135.210, RSMo, all subsequent improvements to real property located in an Enterprise Zone or a Satellite Enterprise Zone which are initiated subsequent to August 28, 1991, and which were constructed in accordance with applicable City codes and ordinances shall become and remain exempt from assessment and payment of 50% of ad valorem taxes of such improvements of any political subdivision of this State or this City for a period of ten (10) years following the date such improvements were assessed provided the improved properties are used for assembling, fabricating, processing, manufacturing, mining, warehousing or distributing properties.

 

(b) For improvements to real property for uses other than those itemized in subsection (a), all subsequent improvements to real property located in an Enterprise Zone or a Satellite Enterprise Zone which are initiated subsequent to August 28, 1991, and which are constructed in accordance with applicable City codes and ordinances shall become and remain exempt from assessment and payment of 50% of ad valorem taxes of such improvements of any political subdivision of this State or this City for a period of ten (10) consecutive years following the date such improvements were assessed provided that at least fifty new jobs that provide an average of at least thirty-five hours of employment per week per job are created and maintained at the new or expanded facility for each abatement year of the abatement period. An annual accounting of the employment level shall be conducted by the business or other recipient of the tax abatement as a prerequisite to receipt of the abatement. A copy of such accounting shall be filed with the Director of City Development.

 

(c) The granting of abatement of ad valorem taxes for properties other than those specified in subsection (a) shall be done by passage of an ordinance or resolution by the City Council authorizing the exemption and establishing the terms of such exemption and specifying the political subdivisions affected and, furthermore, shall be done only after verification of the employment levels set forth in subsection (b).

 

(d) The granting of tax abatement of ad valorem taxes in an amount in excess of 50% for properties described in subsections (a) and (b) may be granted by the City Council when it is deemed necessary to attract or retain business. The granting of abatement in excess of 50% shall be done by the City Council by passage of an ordinance or resolution authorizing the exemption and establishing the terms of such exemption and specifying the political subdivisions affected and, furthermore, for properties described in subsection (b) shall be done only after verification of the employment levels set forth in subsection (b).

 

(e) That abatement in excess of 50% for ten (10) years may be granted by the Council for low income housing projects within the Enterprise Zone provided such housing is to be occupied throughout the term of abatement exclusively by persons of low income being those whose income levels meet the Low Income Housing Tax Credit guidelines established by the 1986 Tax Reform Act, specifically 60% or less of median income.

 

(f) That the developer of a low income housing project requesting abatement in excess of 50% shall provide to the Director of City Development a yearly certification that the housing units receiving the additional abatement are being used exclusively by low income persons.

 

(g) That all such abatement of ad valorem taxes shall be removed no later than twenty-five (25) years after date of the Enterprise Zone designation.

 

_____________________________________________

 

Approved as to form and legality:

 

 

__________________________________

Assistant City Attorney