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Legislation #: 140594 Introduction Date: 7/31/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS BROOKS, CIRCO, TAYLOR AND SHARP
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the First Amendment to the Bannister _ I-435 Tax Increment Financing Plan; approving the First Amendment to the Bannister _ I-435 Tax Increment Financing Plan; designating a Redevelopment Area; and directing the City Clerk to transmit copies of this ordinance.

Legislation History
DateMinutesDescription
7/30/2014 Filed by the Clerk's office
7/31/2014 Referred to Planning, Zoning & Economic Development Committee
8/13/2014 Advance and Do Pass, Debate
8/14/2014 Passed

View Attachments
FileTypeSizeDescription
140594.pdf Authenticated 756K Authenticated
140594 Fact Sheet.pdf Fact Sheet 261K Fact Sheet
1st Amendment Bannister I-435 TIF Plan (00169386-2xA7821).pdf TIF Plan 13060K First Amendment to the Bannister & I-435 TIF Plan
Request for Ordinance 1st Amendment to the Bannister I-435 TIF Plan (00169851xA7821).docx Request for Ordinance 30K Request for Ordinance

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ORDINANCE NO. 140594

Accepting the recommendations of the Tax Increment Financing Commission as to the First Amendment to the Bannister & I-435 Tax Increment Financing Plan; approving the First Amendment to the Bannister & I-435 Tax Increment Financing Plan; designating a Redevelopment Area; and directing the City Clerk to transmit copies of this ordinance.

WHEREAS, pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended, the City Council of Kansas City, Missouri by Ordinance No. 54556 passed on November 24, 1982, and thereafter amended in certain respects by Committee Substitute for Ordinance No. 911076, As Amended, passed on August 29, 1991, Ordinance No. 100089, As Amended, passed on January 28, 2010 and Ordinance No. 130986, passed on December 19, 2013, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

WHEREAS, the City Council approved the Bannister & I-435 Tax Increment Financing Plan by Committee Substitute for Ordinance No. 130737, passed on October 10, 2013; and

WHEREAS, the First Amendment to the Bannister & I-435 Tax Increment Financing Plan was proposed to the Commission (the Bannister & I-435 Tax Increment Financing Plan as amended by the First Amendment to the Bannister & I-435 Tax Increment Financing Plan is referred to herein as the “Redevelopment Plan”); and

  WHEREAS, the Redevelopment Plan is a comprehensive program intended to reduce or eliminate blight and enhance the tax base within the redevelopment area (the “Redevelopment Area”) through the implementation of a number of separate projects (“Redevelopment Projects”) and the adoption of tax increment financing for each of the areas selected for such Redevelopment Projects; and

  WHEREAS, the Commission has been duly constituted and its members appointed; and, after all proper notice was given, the Commission met in public hearing and after receiving the comments of all interested persons and taxing districts with respect to the First Amendment to the Bannister & I-435 Tax Increment Financing Plan, closed said public hearing on July 15, 2104, and adopted its Resolution Nos. 7-14-14 and 7-15-14 (the “Resolutions”) recommending to the City Council the approval of the First Amendment to the Bannister & I-435 Tax Increment Financing Plan; and

  WHEREAS, the Redevelopment Plan provides for the development of a sixteen phased mixed-use office business park and retail development consisting of approximately 4,714,000 square feet of office and commercial uses and certain related site improvements; NOW, THEREFORE,

  BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the recommendations of the Commission concerning the First Amendment to the Bannister & I-435 Tax Increment Financing Plan as set forth in the Resolutions are hereby accepted and the Redevelopment Plan is hereby approved and adopted.

Section 2. That all terms used in this ordinance shall be construed as defined in Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the "Act").

  Section 3. That the following described area is hereby designated a Redevelopment Area: 

A tract of land situated in a portion of the Southwest Quarter of Section 24, the Northwest Quarter of Section 25, the Northeast Quarter of Section 26 and the Southeast Quarter of Section 23, Township 48 North, Range 33 West of the 5th Principal Meridian, in the Kansas City, Jackson County, Missouri, including the following Tracts II, III, V, VI, VII, IX, and X of “Replat of Bannister Mall Tracts I through X, Inclusive”, Lot 1 and 3 and Tract A of “3-Trails Village Square”, Lots 2 and 3 and Tracts G and H of “Benjamin Plaza First Plat”, and “Amended Plat of Lot 1, Benjamin Plaza First Plat”, Lot 2 of Benjamin Plaza Second Plat” and Tract C-1 and Tract C-2 as shown on Certificate of Survey of “Benjamin Plaza Second Plat”, Lots 1 and 2 and Tract B of “Benjamin Plaza Third Plat”, Lots 3A and 3B as shown on Certificate of Survey of “Benjamin Plaza Third Plat”, Lots 1, 2 and 3 “Amended Plat of Benjamin Plaza Fourth Plat”, Tract 1 “Benjamin Acres Second Plat”, Lot 1 “Mobil Addition”, all that part of Lot 1 of “Commissioners Plat of Sechrest Estates” lying West of the Kansas City Southern Railroad Right-of-Way, and all that part of Lot 2 “Commissioners Plat of Sechrest Estates” except that part replatted as “Benjamin Plaza Third Plat” said tract being more particularly described as follows:

 

(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).

 

Commencing at the Northeast corner of the Southwest Quarter of said Section 24;

 

Thence North 86 degrees 46 minutes 23 seconds West 729.54 feet along the North line of said Southwest Quarter;

 

Thence South 3 degrees 13 minutes 37 seconds West 40.00 feet to a point on the South Right-of-Way line of 87th Street and the Westerly Right-of-Way line of the Kansas City Southern Railroad as now established, said point also being the “True Point of Beginning” of the tract herein described.

 

Thence South 8 degrees 24 minutes 02 seconds West 200.16 feet along the Westerly Right-of-Way line of the Kansas City Southern Railroad;

 

Thence South 18 degrees 19 minutes 13 seconds East 220.00 feet along said Westerly Right-of-Way line;

 

Thence South 38 degrees 13 minutes 59 seconds East 264.25 feet along said Westerly Right-of-Way line;

 

Thence South 18 degrees 19 minutes 13 seconds East 23.93 feet along said Westerly Right-of-Way line;

 

Thence South 31 degrees 02 minutes 07 seconds East 136.30 feet along said Westerly Right-of-Way line;

 

Thence South 18 degrees 19 minutes 13 seconds East 724.31 feet along said Westerly Right-of-Way line, to the beginning of a curve concave to the Southwest having a radius of 2814.93 feet;

 

Thence 773.41 feet continuing along said Westerly Right-of-Way line and curve to the right having a chord bearing South 10 degrees 26 minutes 57 seconds East 770.98 feet, to a point on the East line of said Southwest Quarter of Section 24;

 

Thence South 02 degrees 08 minutes 00 seconds West 419.68 feet along said East line and Westerly Right-of-Way line, to a point on the North Right-of-Way line of 91st Street as now established;

 

Thence North 86 degrees 50 minutes 21 seconds West 91.48 feet along said North Right-of-Way line, to said Westerly Right-of-Way line;

 

Thence South 02 degrees 26 minutes 44 seconds West 1300.64 feet along said Westerly Right-of-Way line, to a point on the North Right-of-Way line of 93rd Street as now established;

 

Thence North 86 degrees 51 minutes 18 seconds West 100.00 feet along said North Right-of-Way line;

 

Thence South 02 degrees 26 minutes 44 seconds West 20.00 feet along said North Right-of-Way line;

 

Thence North 86 degrees 51 minutes 18 seconds West 794.52 feet along said North Right-of-Way line;

 

Thence North 02 degrees 10 minutes 29 seconds East 20.00 feet along said Right-of-Way North line;

 

Thence North 86 degrees 51 minutes 17 seconds West 991.29 feet along said North Right-of-Way line, as established by the plat of “Benjamin Plaza Third Plat”, to the beginning of a curve concave to the North having a radius of 160.00 feet;

 

Thence Westerly 36.19 feet along said North Right-of-Way line and curve to the right having a chord bearing North 80 degrees 22 minutes 32 seconds West 36.11 feet;

 

Thence North 73 degrees 53 minutes 47 seconds West 331.83 feet along said North Right-of-Way line, to the Southwesterly corner of Lot 2 “Benjamin Plaza Third Plat”;

 

Thence North 75 degrees 40 minutes 29 seconds West 198.03 feet, departing from said Northerly Right-of-Way line, to point of intersection with the North line of 93rd Street, as established by the plat of “3-Trails Village Square”;

 

Thence North 74 degrees 12 minutes 16 seconds West 184.31 feet along said North Right-of-Way line and its Northwesterly projection, to a point on the Westerly Right-of-Way line of Fire House Road as established by the plat of “3-Trails Village Square” said point being the beginning of a non-tangent curve concave to the Southeast having a radius of 64.00 feet;

 

Thence Southwesterly 2.16 feet, along said Westerly Right-of-Way line and curve to the left having a chord bearing South 46 degrees 01 minutes 30 seconds West 2.16 feet, to the beginning of a reverse curve concave to the Northwest having a radius of 21.00 feet;

 

Thence Southwesterly 10.68 feet, along said Westerly Right-of-Way line and curve to the right having a chord bearing of South 59 degrees 37 minutes 23 seconds West 10.56 feet, to the beginning of a compound curve concave to the Northwest having a radius of 222.94 feet;

 

Thence Westerly 44.74 feet along said Westerly Right-of-Way line and curve to the right having a chord bearing South 79 degrees 56 minutes 10 seconds West 44.67 feet;

 

Thence South 04 degrees 18 minutes 52 seconds East 27.97 feet along said Westerly Right-of-Way line;

 

Thence: South 00 degrees 54 minutes 50 seconds West 28.14 feet, along said Westerly Right-of-Way line, to the beginning of a non tangent curve concave to the South having a radius of 1,284.18 feet;

Thence Easterly 19.79 feet, along said Westerly Right-of-Way line and curve to the right having a chord bearing South 88 degrees 38 minutes 41 seconds East 19.79 feet, to the beginning of a compound curve concave to the Southwest having a radius of 21.00 feet;

 

Thence Southeasterly 33.19 feet along said Westerly Right-of-Way line and said curve to the right having a chord bearing South 42 degrees 55 minutes 40 seconds East 29.84 feet;

 

Thence South 02 degrees 20 minutes 53 seconds West 44.29 feet along said Westerly Right-of-Way line to the beginning of a curve concave to the Northeast having a radius of 194.00 feet;

 

Thence Southerly 77.29 feet along said Westerly Right-of-Way line and curve to the left having a chord bearing South 09 degrees 03 minutes 58 seconds East 76.78 feet;

 

Thence South 20 degrees 28 minutes 48 seconds East 87.74 feet, along said Westerly Right-of-Way line, to the beginning of a curve concave to the West having a radius of 249.00 feet;

 

Thence Southerly 133.65 feet, along said Westerly Right-of-Way line and curve to the right having a chord bearing South 05 degrees 06 minutes 13 seconds East 132.05 feet, to a point on the South line of Lot 1 of said “3-Trails Village Square”;

 

Thence South 61 degrees 36 minutes 38 seconds East 75.96 feet along said South line and its Southeasterly projection to a point on the West Right-of-Way line of Hillcrest Road as established by the plat of “3-Trails Village Square”;

Thence South 21 degrees 23 minutes 31 seconds West 161.88 feet, along said West Right-of-Way line, to the beginning of a curve concave to the East having a radius of 1,057.00 feet;

 

Thence Southwesterly 6.20 feet, along said West Right-of-Way line and said curve to the left having a chord bearing South 21 degrees 13 minutes 26 seconds West 6.20 feet, to a point on the East line of the Northeast Quarter of said Section 26;

 

Thence South 02 degrees 09 minutes 14 seconds West 6.22 feet, along said East line of the Northeast Quarter and West Right-of-Way line, to the beginning of a non tangent curve concave to the East having a radius of 1,055.00 feet;

 

Thence Southerly 342.16 feet along said West Right-of-Way line and said curve to the left having a chord bearing South 11 degrees 26 minutes 42 seconds West 340.66 feet;

 

Thence South 02 degrees 09 minutes 14 seconds West 226.45 feet along said West Right-of-Way line;

 

Thence South 07 degrees 51 minutes 52 seconds West 50.25 feet along said West Right-of-Way line;

 

Thence South 02 degrees 09 minutes 14 seconds West 200.00 feet, along said West Right-of-Way line, to the beginning of a curve concave to the Northwest having a radius of 15.00 feet;

 

Thence Southwesterly 23.75 feet, along said curve to the right having a chord bearing South 47 degrees 31 minutes 11 seconds West 21.35 feet, to a point on the North Right-of-Way line of Bannister Road as established in the plat of “Replat of Bannister Mall Tracts I thru X, Inclusive”;

 

Thence North 87 degrees 06 minutes 52 seconds West 274.79 feet along said North Right-of-Way line;

Thence South 02 degrees 09 minutes 13 seconds West 7.15 feet along said North Right-of-Way line;

 

Thence North 87 degrees 00 minutes 23 seconds West 125.00 feet along said North Right-of-Way line;

 

Thence North 02 degrees 09 minutes 14 seconds East 6.91 feet along said North Right-of-Way line;

Thence North 87 degrees 06 minutes 52 seconds West 867.26 feet along said North Right-of-Way line;

 

Thence North 02 degrees 53 minutes 08 seconds East 15.38 feet along said North Right-of-Way line;

 

Thence North 89 degrees 38 minutes 52 seconds West 347.97 feet along said North Right-of-Way line;

 

Thence North 87 degrees 06 minutes 52 seconds West 44.70 feet, along said North Right-of-Way line, to a point on the Easterly Right-of-Way line of Interstate I-435 Highway as now established;

 

Thence North 33 degrees 09 minutes 29 seconds West 166.10 feet along said Easterly Right-of-Way line and the West line of Tract IX “Replat of Bannister Mall Tracts I thru X, Inclusive”;

 

Thence North 19 degrees 17 minutes 57 seconds East 253.18 feet along said Easterly Right-of-Way line;

 

Thence North 28 degrees 23 minutes 22 seconds East 3599.97 feet along said Easterly Right-of-Way line and the West lines of Lot 1 “3-Trails Village Square” and Tracts II and III “Replat of Bannister Mall Tracts I thru X, Inclusive” and Tract H “Benjamin Plaza First Plat”, to the Northwest corner of said Tract H;

 

Thence South 88 degrees 36 minutes 41 seconds East 237.95 feet along said Easterly Right-of-Way line;

 

Thence North 01 degrees 29 minutes 52 seconds East 159.21 feet along said Easterly Right-of-Way line and Westerly line of said Tract H;

 

Thence North 10 degrees 51 minutes 45 seconds East 99.63 feet along said Easterly line and the Westerly line of said Tract H and the Westerly line of Lot 1 “Amended Plat of Lot 1 Benjamin Plaza First Plat”;

 

Thence North 19 degrees 10 minutes 43 seconds East 187.42 feet along said Easterly Right-of-Way line;

 

Thence North 28 degrees 23 minutes 22 seconds East 570.00 feet along said Easterly Right-of-Way line;

 

Thence North 38 degrees 18 minutes 57 seconds East 203.57 feet along said Easterly Right-of-Way line;

 

Thence North 59 degrees 10 minutes 05 seconds East 108.06 feet, along said East Right-of-Way line, to the most Westerly corner of Tract 1 “Benjamin Acres Second Plat”;

 

Thence North 59 degrees 10 minutes 03 seconds East 216.47 feet along said Easterly Right-of-Way line;

 

Thence North 57 degrees 00 minutes 07 seconds East 372.02 feet along said Easterly Right-of-Way line;

 

Thence North 84 degrees 05 minutes 20 seconds East 76.65 feet, along said Easterly Right-of-Way line, to a point on the South Right-of-Way line of 87th Street as now established in a deed recorded in Book K-1972 at Page 585;

 

Thence South 86 degrees 46 minutes 23 seconds East 530.85 feet, along said South Right-of-Way line;

 

Thence South 55 degrees 24 minutes 20 seconds East 73.26 feet along said South line to a point on the West Right-of-Way line of Hillcrest Road;

 

Thence South 86 degrees 46 minutes 23 seconds East 110.00 feet to a point on the East Right-of-Way line of Hillcrest Road;

 

Thence North 03 degrees 13 minutes 37 seconds East 23.13 feet, along said East Right-of-Way line to the beginning of a curve concave to the Southeast having a radius of 15.00 feet;

Thence Northeasterly 23.56 feet along said East Right-of-Way line and curve to the right having a chord bearing North 48 degrees 13 minutes 37 seconds East 21.21 feet;

 

Thence North 03 degrees 13 minutes 37 seconds East 10.00 feet to a point on the South Right-of-Way line of 87th Street 40.00 feet South of the North line of the Southwest Quarter of said Section 24;

 

Thence South 86 degrees 46 minutes 23 seconds East 30.00 feet, along said South Right-of-Way line, to the True Point of Beginning of the tract herein described containing 12,512,555.52 square feet or 287.2487 acres more or less. Subject to all easements and restrictions of record.

  Section 4. That in accordance with the recommendations of the Commission as set forth in the Resolutions, the City Council hereby finds that:

(a) The Redevelopment Area, as a whole, is a blighted area, evidenced by defective or inadequate street layout, unsanitary or unsafe conditions including deterioration and dilapidation of site improvements, excessive vacancies, presence of structures below minimum code standards, lack of ventilation, light or sanitary facilities; 

(b) The Redevelopment Area has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of the Redevelopment Plan;  

(c) The Redevelopment Plan conforms to FOCUS, the comprehensive plan for the development of the City as a whole;

(d) The areas selected for Redevelopment Projects include only those parcels of real property and improvements thereon which will be directly and substantially benefited by the Redevelopment Project improvements;

(e) The estimated dates of completion of the respective Redevelopment Projects and retirement of obligations incurred to finance Redevelopment Project Costs, have been stated in the Redevelopment Plan and are not more than 23 years from the passage of any ordinance approving a Redevelopment Project within the Redevelopment Area;

(f) A plan has been developed for relocation assistance for businesses and residences; 

(g) A cost-benefit analysis showing the impact of the Redevelopment Plan on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act;

(h) The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment; and

(i) A blight study has been completed and the findings of such study satisfy the requirements provided under subdivision (1) of Section 99.805, RSMo.

  Section 5. That the Redevelopment Area is a blighted area located within the City's urban core area.

Section 6. That the Commission is authorized to issue obligations in one or more series of bonds secured by one or more Bannister & I-435 Accounts of the Special Allocation Fund to finance Redevelopment Project Costs identified by the Redevelopment Plan, subject to any constitutional limitations, to acquire by purchase, donation, lease or eminent domain, own, convey, lease, mortgage, or dispose of, land or other property, real or personal, or rights or interests therein, and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the Commission determines, to enter into such contracts and take all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan pursuant to the power delegated to it by the City. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 to 99.865, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

Section 7. That pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds that are deposited into one or more Bannister & I-435 Accounts of the Special Allocation Fund to the payment of Redevelopment Project Costs identified by the Redevelopment Plan and authorizes the Commission to pledge such funds on its behalf. 

Section 8. That the City Clerk shall send a copy of this ordinance to the County Clerk and County Executive of Jackson County, Missouri.

_________________________________________________

Approved as to form and legality: 

 

______________________________

Brian T. Rabineau

Assistant City Attorney