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Legislation #: 180299 Introduction Date: 4/19/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Approving an Eighth Amendment to the Front Street and 435 Chapter 353 Development Plan for the redevelopment of an area generally located on the east side of I-435, between Front Street and the Kansas City Southern Railroad tracks, all in Kansas City, Jackson County, Missouri; authorizing the execution of the Eighth Supplementary Contract in connection with the foregoing; and directing the City Clerk to transmit copies of this ordinance.

Legislation History
DateMinutesDescription
4/18/2018 Filed by the Clerk's office
4/19/2018 Referred to Planning, Zoning & Economic Development Committee
4/25/2018 Advance and Do Pass, Debate
4/26/2018 Passed

View Attachments
FileTypeSizeDescription
180299.pdf Authenticated 231K Authenticated
180299 Contract.pdf Contracts 192K Supplemental Contract
180299 Fact Sheet.pdf Fact Sheet 190K Fact Sheet
180299 Powerpoint.pdf Other 852K Powerpoint
180299 Exhibit.pdf Exhibit 219K Exhibit
180299 Plan.pdf Plan 1145K Plan
180299 Staff Report .pdf Staff Report 397K Staff Report

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ORDINANCE NO. 180299

 

Approving an Eighth Amendment to the Front Street and 435 Chapter 353 Development Plan for the redevelopment of an area generally located on the east side of I-435, between Front Street and the Kansas City Southern Railroad tracks, all in Kansas City, Jackson County, Missouri; authorizing the execution of the Eighth Supplementary Contract in connection with the foregoing; and directing the City Clerk to transmit copies of this ordinance.

WHEREAS, the Kansas City Chapter 353 Advisory Board (“Board”) was established by the City of Kansas City, Missouri (City”) by Committee Substitute for Ordinance No. 140306, duly passed by the City Council on May 1, 2014 (codified as Sections 74-1 through 74-10, Code of Ordinances (“Chapter 74”)), and serves in an advisory capacity to the City in connection with proposed projects and amendments to existing projects under the Urban Redevelopment Corporations Law, Chapter 353 of the Revised Statutes of Missouri, as amended (“Act”); and

 

WHEREAS, as part of its duties, the Board reviews applications for Chapter 353 projects and amendments to existing Chapter 353 plans, holds required public hearings, makes recommendations to the City Council with respect to those applications, and is responsible for the ongoing monitoring of compliance with redevelopment contracts entered into between the City and urban redevelopment corporations with respect to Chapter 353 projects; and

 

WHEREAS, Front Street and 435 Redevelopment Corporation (“Corporation”), an urban redevelopment corporation organized under and pursuant to the Act, did on July 29, 1987, file with the City Clerk an application for approval of the Front Street and 435 Chapter 353 Development Plan (“Development Plan”), prepared in accordance with the Act, which contemplated the redevelopment of a tract of land of approximately 82.55 acres generally located on the east side of I-435, between Front Street and the Kansas City Southern Railroad tracks, in Kansas City, Jackson County, Missouri (“Redevelopment Area”); and

 

WHEREAS, on October 2, 1987, the City Council passed Ordinance No. 61632, which ordinance approved the application and Development Plan and authorized and directed the Director of Finance to enter into a redevelopment contract with the Corporation; and

 

WHEREAS, on December 10, 1987, the City and the Corporation entered into a redevelopment contract (“Contract”), providing for the implementation of the Development Plan, which Contract was recorded in the Jackson County Recorder of Deeds Office on February 25, 1988, at Book I1774, page 910 as Document Number I828255; and

 

WHEREAS, the Corporation filed its First Amended Development Plan, which was approved by Ordinance No. 62985, passed by the City Council on September 8, 1988; and

 

WHEREAS, on November 9, 1988, the City and the Corporation entered into the First Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office as Document No. K857751; and

 

WHEREAS, the Corporation filed its Second Amended Development Plan, which was approved by Ordinance No. 65496, passed by the City Council on May 17, 1990; and

 

WHEREAS, on July 19, 1990, the City and the Corporation entered into the Second Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office as Document No. I991709 at Book 2045, Page 691; and

 

WHEREAS, the Corporation filed its Third Amended Development Plan, which was approved by Ordinance No. 921109, passed by the City Council on October 15, 1992; and

 

WHEREAS, on January 26, 1993, the City and the Corporation entered into the Third Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office as Document No. I1167827 at Book 2356, Page 1316; and

 

WHEREAS, the Corporation filed its Fourth Amended Development Plan, which was approved by Ordinance No. 961262, passed by the City Council on October 17, 1996; and

 

WHEREAS, on May 18, 1998, the City and the Corporation entered into the Fourth Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office as Document No. 98-I50241 at Book 3269, Page 1498; and

 

WHEREAS, the Corporation filed its Fifth Amended Development Plan, which was approved by Ordinance No. 010017, passed by the City Council on February 15, 2001; and

 

WHEREAS, on November 20, 2002, the City and the Corporation entered into the Fifth Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office as Document No. 2000I0110120; and

 

WHEREAS, an application for approval of the Sixth Amended Development Plan (which substantively related to Phase IIa of the Redevelopment Area only) was filed by Wild Hawk, LLC, the proposed developer of Phase IIa, which was approved by Committee Substitute for Ordinance No. 080601, passed by the City Council on July 10, 2008; and

 

WHEREAS, on May 21, 2008, the City and Wild Hawk, LLC entered into the Sixth Supplementary Contract, which was recorded in the Jackson County Recorder of Deeds Office as Document No. 2008E0072338 (which Sixth Supplementary Contract was amended on July 28, 2008, by that First Amendment to Sixth Supplementary Contract, recorded in the Jackson County Recorder of Deeds Office as Document No. 2008E0084021); and

 

WHEREAS, on October 2, 2008, the City Council passed Committee Substitute for Ordinance No. 080974, which approved a proposed Seventh Supplementary Contract and assignment and assumption related to Tract B-2, Phase IIb of the Redevelopment Area, and required the Corporation to submit an application for amending the Development Plan consistent with the proposed Seventh Supplementary Contract; and

 

WHEREAS, the Corporation submitted its Seventh Amended Development Plan, which was heard by the City Plan Commission on March 17, 2009, but was never approved by the City Council; and

 

WHEREAS, the Seventh Supplementary Contract was never entered into between the City and the Corporation; and

 

WHEREAS, on March 15, 2018, the Corporation submitted its Eighth Amended Development Plan to the City, via the Board, to provide for certain changes and modifications to the Development Plan (as previously amended), including extending the completion dates on Phases IVb, IVc and IVd; and

 

WHEREAS, on March 26, 2018, the Corporation submitted a revised Eighth Amended Development Plan to the City, via the Board, to provide additional information requested on behalf of the Board (as revised, the “Eighth Amended Development Plan”); and

 

WHEREAS, review by the City Plan Commission was not required as implementation of the Eighth Amended Development Plan would not require any changes to the existing zoning and is otherwise in compliance with the Comprehensive Plan; and

 

WHEREAS, the Corporation has complied with all the requirements imposed upon it by the Act and Chapter 74; and

 

WHEREAS, the Corporation and the Board provided such notice as is required by the Act and Chapter 74 and, on March 28, 2018, held a public hearing on the Eighth Amended Development Plan, at which hearing all interested parties were given an opportunity to be heard; and

 

WHEREAS, the Board, after fully considering the Eight Amended Development Plan and the documents and any testimony submitted in connection therewith, adopted a resolution recommending approval of the Eighth Amended Development Plan, and transmitted its recommendation to the City Council; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City Council approves the Eighth Amended Development Plan subject to the execution of the Eighth Supplementary Contract authorized herein.

 

Section 2. That the Director of City Development is authorized to enter into an Eighth Supplementary Contract with the Corporation for purposes of implementing the Development Plan, as amended by the Eighth Amended Development Plan and as previously amended, as he shall determine proper and in such form as he shall determine appropriate.

 

Section 3. That all other rights, duties and obligations of the Corporation under the Contract, as previously amended, not affected by the Eighth Supplementary Contract shall remain in full force and effect.

Section 4. 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