ORDINANCE NO. 190972
Approving the Midtown Affordable
Housing PIEA General Development Plan on approximately 469 acres generally
located south of 30th Street and north of Emanuel Cleaver II Boulevard, west of
Gillham Road and west of Pennsylvania Avenue, and declaring said area to be
blighted and in need of redevelopment and rehabilitation.
WHEREAS, the
Planned Industrial Expansion Authority of Kansas City, Missouri (“Authority”)
did prepare or cause to be prepared the Midtown Affordable Housing 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 of the Midtown Affordable Housing PIEA General Development Plan on
October 1, 2019, as evidenced by its disposition of the case and its written
recommendations submitted to the City; and
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; and
WHEREAS, on
October 6, 2016, the City did pass Second Committee Substitute for Ordinance
No. 160383, as amended, which Ordinance No. 160383, as amended, enacted
guidelines on the City’s use of abated and exempted real property taxes in
funding economic development projects; and
WHEREAS, Section 9 of Ordinance No.
160383, as amended, provides that notwithstanding the guidelines set forth
therein, the Council retains its discretion to authorize the capture and
redirection, or abatement or exemption, in whole or in part, of ad valorem real
property taxes to the full extent authorized by any provision of law;
NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the Council declares the area of approximately 469 acres generally located
south of 30th Street and north of Emanuel Cleaver II Boulevard, west of Gillham
Road and west of Pennsylvania Avenue, and more specifically described by metes
and bounds on Exhibit A attached hereto and incorporated herein by reference, 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, 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
the Midtown Affordable Housing PIEA General Development Plan prepared by the
Authority and recommended to the Council is intended to and shall affect and be
applicable to only the real property specifically described in Section 1 above
and is hereby approved. A copy of said General Development Plan is attached to
this ordinance and is made a part hereof.
Section 3. That
the Council has duly made the findings necessary for compliance with Section
100.300-100.620, RSMo.
Section 4. That
the 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 5. That
the ad valorem tax exemption benefits as authorized in Section 100.570, RSMo,
are hereby extended to the plan area to the extent and in the manner as
provided for in said General Development Plan, and subject to the execution of
a development agreement with the Planned Industrial Expansion Authority of
Kansas City, Missouri, and the developer.
Section 6. That pursuant to Section 9 of Second Committee
Substitute for Ordinance No. 160383, as amended, the City Council hereby
authorizes the abatement of ad valorem real property taxes to the full extent
authorized by Section 100.570, RSMo with respect to any project qualifying for
Jobs-Based or Site-Based “High Impact” designation as determined by the
AdvanceKC Scorecard, derived from the City Council’s Economic Development and
Incentive Policy, or located in a severely distressed census tract that has
continuously maintained such status for not less than ten (10) years
immediately prior to the effective date of the request.
_____________________________________________
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:
_________________________________
Katherine
Chandler
Assistant
City Attorney