KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 160155 Introduction Date: 2/25/2016
Type: Ordinance Effective Date: 3/4/2016
Sponsor: COUNCILMEMBER FOWLER
Title: Authorizing a cooperative agreement with Kinsley, LP, for the Englewood Complete Streets project and recognizing this ordinance as having an accelerated effective date.

Legislation History
DateMinutesDescription
2/25/2016 Filed by the Clerk's office
2/25/2016 Referred to Planning, Zoning & Economic Development Committee
3/2/2016 Advance and Do Pass as a Committee Substitute, Debate
3/3/2016 Passed as Substituted

View Attachments
FileTypeSizeDescription
160155-ExecutedAgreement-Developer050616.pdf Contracts 989K Executed Contract
160155.pdf Authenticated 131K Authenticated
Ord160155-89008121Cooperative Agreement-10.doc Other 84K Cooperative Agreement
160155 Exhibit.pdf Exhibit 6971K Exhibit
160155 Fact Sheet.pdf Fact Sheet 236K Fact Sheet

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 160155

 

Authorizing a cooperative agreement with Kinsley, LP, for the Englewood Complete Streets project and recognizing this ordinance as having an accelerated effective date.

 

WHEREAS, Kinsley, LP, a Delaware limited partnership, owns certain portions of the land generally located south of N.W. Englewood Road and west of U.S. Highway 169 in Kansas City, Clay County, Missouri, the “Property”; and

 

WHEREAS, Kinsley, LP intends to cause the Property to be platted in accordance with the provisions of Chapter 88, Code of Ordinances of the City of Kansas City, Missouri, pursuant to multiple plats, including, without limitation, the Plat of Kinsley Forest Apartments 1st Plat (“1st Plat”) (collectively with any and all other plats of the Property, the “Plats”); and

 

WHEREAS, on the 5th day of February, 2009, the City approved an amended development plan (Case 12970-CUP-17) for the Property by passage of Committee Substitute for Ordinance Nos. 081268 through 081272 (inclusive) (collectively, the “Approval Ordinances”) to allow construction of a Community Unit Project on the Property; and

 

WHEREAS, the Approval Ordinances require, among other things, that the developers of the Property make certain off-site public improvements with the development of the Property, including, specifically the following conditions: Ordinance No. 081270, Conditions: 3, 4, 5, 6, 7, 8, 14, 15, 16 and 22 and Ordinance No. 081272, Conditions: 3, 4, 5, 6, 7, 8, 11, 12, 18, 19, 20 and 26 (collectively, the “Offsite Ordinance Improvements”); and

 

WHEREAS, the parties acknowledge and agree that Offsite Ordinance Improvements do not include any public improvements that are required to be constructed on the Property with regard to Ordinance No. 081270. Conditions 15 and 16. and Ordinance No. 081272, Conditions 19 and 20 (i.e. on-site water, storm and sewer lines) and that Developer shall remain responsible for such on-site improvements; and

 

WHEREAS, after the passages of Ordinances Nos. 081268 through 081272, the City through the Mid-America Regional Council received $7,000,000.00 of Federal Surface Transportation Funds for improvements to the entirety of Englewood Road west of US 169; and

 

WHEREAS, Committee Substitute for Ordinance No. 150859 authorized $2,000,000.00 towards the local match required for the MARC grant; and

 

WHEREAS, the City’s plans for the Englewood improvements would have removed most of the Offsite Ordinance Improvements planned to be constructed by Kinsley, LP; and

 

WHEREAS, the City and Kinsley, LP have agreed that it is in the public interest to have Kinsley, LP contribute to the cost of constructing the Englewood Improvements in lieu of constructing the Offsite Ordinance Improvements itself; and

 

WHEREAS, Kinsley, LP has agreed to provide a monetary contribution in the amount of $2,000,000.00 toward the construction of the Englewood Improvements, which Contribution shall be deemed to satisfy all Developer’s obligations under the Approval Ordinances with regard to the Offsite Ordinance Improvements and all other off-site public improvements that the City may otherwise have required to be constructed by Developer in connection with the development of any or all phases of the Property; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of City Planning and Development is authorized to execute a Cooperative Agreement with Kinsley, LP, a Delaware limited partnership, for Project No. 89008121, Englewood Road Improvements. The agreement is approved in substantial form as that on file in the office of the Director of City Planning and Development.

 

Section 2. That the Cooperative Agreement authorized by this Ordinance satisfies the conditions for Offsite Ordinance Improvements outlined in Section B.3, B.4, B.5, B.6, B.7, B.8, B.14, B.15, B.16, and B.22 in Ordinance No. 081270 and the conditions for Offsite Ordinance Improvements outlined in Section B.3, B.4, B.5, B.6, B.7, B.8, B.11, B.12, B.18, B.19, B.20 and B.26 in Ordinance No. 081272.

 

Section 3. That this ordinance, relating to the design, repair, maintenance or construction of a public improvement is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(D) of the City Charter and shall take effect in accordance with Section 503, City Charter.

 

_____________________________________

 

Approved as to form and legality:

 

 

_________________________________

M. Margaret Sheahan Moran

Assistant City Attorney