SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 051437

 

Amending Chapter 39, Arterial Street Impact Fees, Code of Ordinances, by repealing Sections 39-3, 39-4, 39-5, 39-6, 39-7, 39-8, 39-9 and 39-10, and enacting in lieu thereof new sections of like number and subject matter to make changes to various procedures and districts in the impact fee ordinance.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 39, Arterial Street Impact Fees, of the Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing sections 39-3, 39-4, 39-5, 39-6, 39-7, 39-8, 39-9, 39-10 and enacting in lieu thereof new sections of like numbers and subject matter, to read as follows:

 

Sec. 39-3. Applicability and exemptions.

 

(a) On or after the effective date of this Chapter 39, any person who shall construct either a new residential or nonresidential development in the area of the City of Kansas City located within one of the benefit districts as defined by Section 39-6, shall be obligated to pay an arterial street impact fee.

 

(1) Except as provided in sections 39-3(a)(3) and 39-3(a)(4), no building permit for a residential development shall be issued unless the applicant thereof has paid the applicable impact fee imposed by this Chapter 39 unless otherwise exempted under subsection (b) below. If the permit is for less than the entire development, the fee shall be computed separately for the amount of development covered by the building permit.

 

(2) No certificate of occupancy, including a temporary or full certificate of occupancy, for nonresidential development shall be issued unless the applicant thereof has paid the applicable impact fee imposed by this Chapter 39 unless otherwise exempted under subsection (b) below. If the certificate of occupancy is for less than the entire development, the fee shall be computed separately for the amount of development covered by the building permit from which the certificate of occupancy is requested.

 

(3) A conditional building permit may be issued pending the payment of the applicable impact fee where an application for individual assessment or credit has been filed according to section 39-5 or 39-8, as applicable.

 

(4) A conditional building permit may be issued where an appeal has been filed with the Board of Zoning Adjustment under section 39-9 and the applicant has provided the impact fee administrator with a letter of credit in the amount of the contested impact fee pending the decision of the Board of Zoning Adjustment.

 

(b) This Chapter 39 shall not be applicable to building permits or certificates of occupancy otherwise necessary for:

 

(1) Room additions, remodeling, rehabilitation or other improvements to an existing structure, provided that there is no increase in the number of dwelling units for residential use or in the applicable development units for nonresidential use, and there is no change of use that would generate more peak hour vehicle traffic than any previous use subject to the provisions of section 39-4 (c).

 

(2) Rebuilding or replacement of a damaged, destroyed, demolished or removed structure, whether voluntary or involuntary, provided there is no increase in the number of dwelling units for residential use or in the applicable development units for nonresidential use, and there is no change of use that would generate more peak hour vehicular traffic than the previous use, and that the rebuilding or replacement occurs no later than ten (10) years after the demolition or removal of the previous structure.

 

Sec. 39-4 Fee Schedule

 

(a) The City shall calculate the impact fee due by:

 

(1) Verifying the number and type of dwelling units or square footage of nonresidential structures or other applicable development unit that are proposed to be constructed as shown on the building permit application.

 

(2) Determining the impact fee that shall be applied for each dwelling unit or square footage of nonresidential structure or other applicable development unit pursuant to subsection (b) of this section. If the proposed use is listed in subsection (b) the city shall calculate the impact fee due by using the measurements/units listed in subsection (b) and not consult the Institute of Transportation Engineers Trip Generation Manual. In the event that the type of use proposed is not listed in the fee schedule, the fee for the most similar use, in terms of traffic generation, shall be used. The description of land use categories in the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation manual shall be used as a guide in applying the land uses in the fee schedule for those land uses that are not specifically listed in subsection (b).

 

(3) Multiplying the number of dwelling units or square footage of nonresidential structures, stated in terms of 1,000 square feet of gross floor area, or other applicable development unit by the applicable impact fee.

 

(b) The following are the arterial street impact fees applicable to new residential and nonresidential development:

 

(1) The following fees shall be assessed in the North Service Area, which includes all of the incorporated area of the City of Kansas City, Missouri located north of the Missouri River that is included in one of the five benefit districts defined in Section 39-6:

 

ARTERIAL STREET IMPACT FEE SCHEDULE, NORTH SERVICE AREA

 

Land Use Type	Unit	Net Cost/ Unit	Discount Factor	Discounted Fee
Single-Family Detached*	Dwelling	$1,430.00	50%	$715.00
Multi-Family**	Dwelling	$873.00	50%	$437.00
Mobile Home Park	Pad Site	$788.00	50%	$394.00
Congregate Care Facility	Dwelling	$240.00	50%	$120.00
Hotel/Motel	Room	$668.00	50%	$334.00
Retail/Commercial
Shopping Center/General Retail, 0-100,000 sf	1000 sq. ft.	$2,928.00	50%	$1,464.00
Shopping Center/General Retail, 100,001-500,000 sf	1000 sq. ft.	$2,157.00	50%	$1,079.00
Shopping Center/General Retail, 500,001-1 million sf	1000 sq. ft.	$1,994.00	50%	$997.00
Shopping Center/General Retail, 1 million sf+	1000 sq. ft.	$1,977.00	50%	$989.00
Automobile Dealership	1000 sq. ft.	$1,738.00	50%	$869.00
Automobile Parts Sales	1000 sq. ft.	$3,715.00	50%	$1,858.00
Bank, Walk-In	1000 sq. ft.	$6,317.00	50%	$3,159.00
Bank, Drive-In	1000 sq. ft.	$10,443.00	50%	$5,222.00
Building Material & Lumber	1000 sq. ft.	$2,850.00	50%	$1,425.00
Car Wash, Self Service	Stall	$4,092.00	50%	$2,046.00
Convenience Store with Gasoline Sales	1000 sq. ft.	$6,848.00	50%	$3,424.00
Discount Store, Free-Standing	1000 sq. ft.	$2,876.00	50%	$1,438.00
Drugstore/Pharmacy without Drive-Through	1000 sq. ft.	$4,426.00	50%	$2,213.00
Drugstore/Pharmacy with Drive-Through	1000 sq. ft.	$5,581.00	50%	$2,791.00
Electronic Superstore	1000 sq. ft.	$1,712.00	50%	$856.00
Furniture Store	1000 sq. ft.	$128.00	50%	$64.00
Gasoline Service Station	fuel position	$2,876.00	50%	$1,438.00
Gasoline Service Station w/Convenience Market	fuel position	$2,268.00	50%	$1,134.00
Home Improvement Store	1000 sq. ft.	$1,301.00	50%	$651.00
Movie Theater	1000 sq. ft.	$2,688.00	50%	$1,344.00
Quick Lubrication Center*	Service Station	$3,666.00	50%	$1,833.00
Restaurant, Fast Food***	1000 sq. ft.	$6,386.00	50%	$3,193.00
Restaurant, Sit-Down	1000 sq. ft.	$4,023.00	50%	$2,012.00
Supermarket	1000 sq. ft.	$5,530.00	50%	$2,765.00
Tire Store	1000 sq. ft.	$3,895.00	50%	$1,948.00
Video Rental Store	1000 sq. ft.	$6,531.00	50%	$3,266.00
Office/Institutional
Office, General	1000 sq. ft.	$2,106.00	50%	$1,053.00
Office, Medical	1000 sq. ft.	$5,170.00	50%	$2,585.00
Hospital	1000 sq. ft.	$1,301.00	50%	$651.00
Library	1000 sq. ft.	$2,500.00	50%	$1,250.00
Nursing Home	1000 sq. ft.	$505.00	50%	$253.00
Church	1000 sq. ft.	$933.00	50%	$467.00
Day Care Center	1000 sq. ft.	$2,234.00	50%	$1,117.00
Elementary/Secondary School	1000 sq. ft.	$171.00	50%	$86.00
Industrial
Industrial	1000 sq. ft.	$1,301.00	50%	$651.00
Warehouse	1000 sq. ft.	$719.00	50%	$360.00
Mini-Warehouse	1000 sq. ft.	$368.00	50%	$184.00
Recreational
Amusement Park	Acre	$556.00	50%	$278.00
Bowling Alley	1000 sq. ft.	$496.00	50%	$248.00
Golf Course	Hole	$385.00	50%	$193.00
Golf Driving Range	Tee	$882.00	50%	$441.00
Health Club	1000 sq. ft.	$3,039.00	50%	$1,520.00
Miniature Golf Course	Hole	$462.00	50%	$231.00
Park	Acre	$86.00	50%	$43.00
Recreational Community Center	1000 sq. ft.	$2,474.00	50%	$1,237.00

 

* includes mobile home on individual lot

** includes apartments, duplexes, townhouses and residential condominiums

*** defined as restaurant with walk-up take-out counter, drive-through window or service to persons in automobiles

 

(2) The following fees shall be assessed in the South Service Area, which includes all of the incorporated area of the City of Kansas City, Missouri located south of the Missouri River that is included in one of the three benefit districts defined in Section 39-6:

 

ARTERIAL STREET IMPACT FEE SCHEDULE, SOUTH SERVICE AREA

 

Land Use Type	Unit	Net Cost/ Unit	Discount Factor	Discounted Fee
Single-Family Detached*	Dwelling	$1,411.00	50%	$706.00
Multi-Family**	Dwelling	$863.00	50%	$432.00
Mobile Home Park	Pad Site	$781.00	50%	$391.00
Congregate Care Facility	Dwelling	$233.00	50%	$117.00
Hotel/Motel	Room	$653.00	50%	$327.00
Retail/Commercial
Shopping Center/General Retail, 0-100,000 sf	1000 sq. ft.	$2,903.00	50%	$1,452.00
Shopping Center/General Retail, 100,001-500,000 sf	1000 sq. ft.	$2,134.00	50%	$1,067.00
Shopping Center/General Retail, 500,001-1 million sf	1000 sq. ft.	$1,971.00	50%	$986.00
Shopping Center/General Retail, 1 million sf+	1000 sq. ft.	$1,959.00	50%	$980.00
Automobile Dealership	1000 sq. ft.	$1,726.00	50%	$863.00
Automobile Parts Sales	1000 sq. ft.	$3,685.00	50%	$1,843.00
Bank, Walk-In	1000 sq. ft.	$6,261.00	50%	$3,131.00
Bank, Drive-In	1000 sq. ft.	$10,342.00	50%	$5,171.00
Building Material & Lumber	1000 sq. ft.	$2,822.00	50%	$1,411.00
Car Wash, Self Service	Stall	$4,046.00	50%	$2,023.00
Convenience Store with Gasoline Sales	1000 sq. ft.	$6,786.00	50%	$3,393.00
Discount Store, Free-Standing	1000 sq. ft.	$2,845.00	50%	$1,423.00
Drugstore/Pharmacy without Drive-Through	1000 sq. ft.	$4,384.00	50%	$2,192.00
Drugstore/Pharmacy with Drive-Through	1000 sq. ft.	$5,527.00	50%	$2,764.00
Electronic Superstore	1000 sq. ft.	$1,702.00	50%	$851.00
Furniture Store	1000 sq. ft.	$128.00	50%	$64.00
Gasoline Service Station	fuel position	$2,857.00	50%	$1,429.00
Gasoline Service Station w/Convenience Market	fuel position	$2,250.00	50%	$1,125.00
Home Improvement Store	1000 sq. ft.	$1,294.00	50%	$647.00
Movie Theater	1000 sq. ft.	$2,658.00	50%	$1,329.00
Quick Lubrication Center*	Service Station	$3,630.00	50%	$1,815.00
Restaurant, Fast Food***	1000 sq. ft.	$6,320.00	50%	$3,160.00
Restaurant, Sit-Down	1000 sq. ft.	$3,988.00	50%	$1,994.00
Supermarket	1000 sq. ft.	$5,480.00	50%	$2,740.00
Tire Store	1000 sq. ft.	$3,859.00	50%	$1,930.00
Video Rental Store	1000 sq. ft.	$6,471.00	50%	$3,236.00
Office/Institutional
Office, General	1000 sq. ft.	$2,087.00	50%	$1,044.00
Office, Medical	1000 sq. ft.	$5,119.00	50%	$2,560.00
Hospital	1000 sq. ft.	$1,283.00	50%	$642.00
Library	1000 sq. ft.	$2,484.00	50%	$1,242.00
Nursing Home	1000 sq. ft.	$501.00	50%	$251.00
Church	1000 sq. ft.	$921.00	50%	$461.00
Day Care Center	1000 sq. ft.	$2,215.00	50%	$1,108.00
Elementary/Secondary School	1000 sq. ft.	$175.00	50%	$88.00
Industrial
Industrial	1000 sq. ft.	$1,283.00	50%	$642.00
Warehouse	1000 sq. ft.	$711.00	50%	$356.00
Mini-Warehouse	1000 sq. ft.	$361.00	50%	$181.00
Recreational
Amusement Park	Acre	$560.00	50%	$280.00
Bowling Alley	1000 sq. ft.	$490.00	50%	$245.00
Golf Course	Hole	$385.00	50%	$193.00
Golf Driving Range	Tee	$875.00	50%	$438.00
Health Club	1000 sq. ft.	$3,008.00	50%	$1,504.00
Miniature Golf Course	Hole	$466.00	50%	$233.00
Park	Acre	$82.00	50%	$41.00
Recreational Community Center	1000 sq. ft.	$2,449.00	50%	$1,225.00

 

* includes mobile home on individual lot

** includes apartments, duplexes, townhouses and residential condominiums

*** defined as restaurant with walk-up take-out counter, drive-through window or service to persons in automobiles

 

(c) For redevelopment, reconstruction or expansion of an existing development, the fee shall be calculated by taking the difference between the total fees calculated for the proposed use and for any prior use of the site that was in operation, provided that the prior use was in operation within ten (10) years prior to the first building permit for the redevelopment. In the event that no use was in operation on the site within the last ten (10) years, the redevelopment shall be treated the same as a new development.

 

(d) For a proposed mixed-use development, the impact fee for each residential dwelling type and nonresidential structure shall be calculated separately and the fees added together to determine the appropriate impact fee for the development.

 

Sec. 39-5. Individual assessments.

 

(a) The impact fee shall be computed by the use of an individual assessment of traffic impact if:

 

(1) The type of new development being commenced is not similar, in terms of traffic generation, to any of the land use types listed on the fee schedule in Sec. 39-4;

 

(2) The fee payer chooses to have the amount of the fee determined by the use of an individual assessment; or

 

(3) The Impact Fee Administrator concludes that the nature, timing or location of the proposed new development makes it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the fee schedule.

 

(b) The applicant shall be responsible for preparation of the individual assessment if the applicant chooses to conduct the analysis. The Impact Fee Administrator shall be responsible for preparation of the individual assessment if the type of land development being proposed is interpreted not to be one of those types listed in the fee schedule or analysis of the proposed new development concludes that the nature, timing or location of the proposed new development makes it likely to generate impacts costing substantially more than the amount of the fee generated by the use of the fee schedule. The person who prepares the individual assessment shall be a qualified professional in the preparation of transportation impact analysis and shall be approved by the Impact Fee Administrator on the basis of professional training and experience. If the Impact Fee Administrator is responsible for preparation of the assessment, the Administrator may request the applicant to prepare the individual assessment and credit the cost for such preparation against the impact fees.

 

(c) The individual assessment for the arterial street impact fee shall determine if the proposed new development is designed or located so that the new development will place less demand on the arterial system than that projected in the fee schedule. The individual assessment shall calculate the applicable impact fees according to the following formula:

 

 

(d) Review of application.

 

(1) An individual assessment shall be undertaken through the submittal of an application of individual assessment of arterial street impact fees. An applicant may submit such an application at the applicants discretion. The Impact Fee Administrator shall submit such an application for any proposed new development interpreted as not one of those types listed on the Fee Schedule and for any proposed new land development for which it concludes the nature, timing or location of the proposed new development makes it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be generated by the use of the Fee Schedule.

 

(2) Upon receipt of any application for individual assessment, the Impact Fee Administrator shall determine if the application is complete. If the Impact Fee Administrator determines that the application is not complete, a written statement shall be sent to the applicant by mail, specifying the deficiencies. The Impact Fee Administrator shall take no further action on the application until it is deemed complete.

 

(3) When the Impact Fee Administrator determines the application is complete, the application shall be reviewed and a written decision rendered in one month on whether the fee should be modified and, if so, what the amount should be.

 

(e) If the Impact Fee Administrator finds that the data, information and assumptions used by the applicant to calculate the individual assessment satisfies the requirements of this section, the fee determined in the individual assessment shall be deemed the fee due and owing for the proposed new development. This adjustment in the fee shall be set forth in a fee agreement.

 

(f) Any applicant may appeal the Impact Fee Administrators decision on the individual assessment, whether initiated by the applicant or by the Impact Fee Administrator, by filing a petition to the Board of Zoning Adjustment of Kansas City, Missouri, pursuant to Section 39-9. The applicant must file a notice of appeal with the Impact Fee Administrator within ten working days following the decision on the individual assessment.

 

Sec. 39-6. Accounting and expenditures.

 

(a) Any fees collected under this Chapter 39 are expressly designated for arterial street improvements within the jurisdiction of Kansas City as hereinafter provided in this section, the payment of the costs of administration of the impact fees, and the payment of consultant fees to update the arterial street impact fees.

 

(b) Impact fees calculated and imposed pursuant to this Chapter 39 shall be collected by the Impact Fee Administrator prior to issuance of a building permit.

 

(c) Impact fees shall be transferred from the Impact Fee Administrator to the City's Finance Department for placement in separate trust accounts, which have been established pursuant to subsections (d) and (e) below.

 

(d) There are hereby established five arterial street impact fee benefit districts in the North Service Area, as identified in Exhibits A-1 to A-5, which are attached hereto and incorporated herein by reference, and a separate trust account for each benefit district, for the purpose of ensuring that the impact fees collected in each district are spent on improvements that reasonably benefit the fee-paying development. The benefit districts are generally described as follows:

 

(1) Benefit District A, an area referred to as east of KCI Airport, bounded on the north and west by the City limits, on the south by M-152 and on the east by U.S. 169, and also shall include that certain 527.83 acre tract of land annexed with the passage of Ordinance No. 050097 on February 17, 2005, which is legally described as follows:

 

Tract 113: Beginning at a point 180 feet West of the East line of the Southeast of Section 30, Township 52, Range 34 on the North line of the Southeast of said Section 30, said point also being on the City limits line established by Ordinance No. 65021; thence South 89 48 42 West along said North line and said City limits line a distance of 2461.85 feet to the Northwest corner of said Southeast , said point also being on said City limits line; thence South 0 14 13 West along the West line of said Southeast and said City limits line a distance of 1323.06 feet to the Southwest corner of the North of said Southeast , said point also being on said City limits line; thence North 89 48 42 East along the South line of said North , said line also being on said City limits line, a distance of 2462.50 feet to a point on a line that is 180.00 feet West of said East line of said Southeast , said line also being the City limits line established by Ordinance No. 22266; thence North along said East line and said City limits line to the Point of Beginning.

 

Tract 116: Beginning at a point 180 feet west of the East line of the Southeast of Section 19, Township 52, Range 34 on the South line of the North of said Southeast , said point also being on the City limits line established by Ordinance No. 22266; thence South 89 48 19 West a distance of 2449.76 feet to the West line of said Southeast , said point also being on the City limits line established by Ordinance No. 65021; thence North 0 6 36 West along said West line and said City limits line a distance of 713.71 feet to a point on the Easterly right-of-way line of Interstate Route No. 435; thence Northerly along said right-of-way line to the North line of the Northeast of said Section 19; thence East along said North line to a point on a line 180 feet West of the East line of said Northeast, said point also being on the City limits line established by Ordinance No. 22266; thence South along said East line and said City limits line established by Ordinance No. 22266 to the Point of Beginning.

 

Tract 122: Beginning at a point 180 feet west of the East line of the Southeast of Section 19, Township 52, Range 34 on the South line of the North of said Southeast , said point also being on the City limits line established by Ordinance No. 22266; thence South 89 48 19 West a distance of 347.99 feet along said South line to a point on the City limits line established by Ordinance 65021; thence South 0 12 47 West a distance of 165 feet along said City limits established by Ordinance No. 65021 line to a point also on said City limits line established by Ordinance No. 65021; thence North 89 48 19 East along said City limits line established by Ordinance No. 65021 a distance of 347.99 feet to a point on a line that is 180 feet West of and parallel with the East line of said Southeast , said point also being on the City limits line established by Ordinance No. 65021, thence North along said line and along the City limits line established by Ordinance No. 22266 to the Point of Beginning.

 

Tract 123: Commencing at the Northeast corner of the Southeast of Section 18, Township 52, Range 34, said point being on the City limits line established by Ordinance No. 65021; thence South 0 18 50 West along the East line of said Southeast and said City limits line a distance of 988.60 feet to the True Point of Beginning; thence continuing South along said East line to a point on a line that is 180 feet North of the South line of said Southeast , said line also being on the City limits line established by Ordinance No. 22266; thence West along said line to a point on a line that is 180 feet West of said East line of said Southeast , said line also being on the City limits line established by Ordinance No. 22266; thence South along said line and said City limits line to a point on the South line of said Southeast ; thence West along said South line to a point on the Easterly right-of-way line of Interstate Route No. 435; thence Northerly along said right-of-way line to its intersection with the City limits line established by Ordinance No. 65021; thence North 89 54 53 East a distance of 1293.99 feet to the True Point of Beginning.

 

Tracts 124 and 125: Beginning at a point 180 feet West of the East line of the Southwest of Section 17, Township 52, Range 34 on the North line of said Southwest , said point also being on the City limits line established by Ordinance No. 65021; thence South 89 51 30 West along said North line and along said City limits line a distance of 2474.10 feet to the Northwest corner of said Southwest, said point also being on said City limits line; thence South along the West line of said Southwest to a point on a line that is 180 feet North of the South line of said Southwest , said point also being on the City limits line established by Ordinance No. 22266; thence East along said line and said City limits line established by Ordinance No. 22266 to a point on a line that is 180 feet West of and parallel to the East line of said Southwest , said point also being on said City limits line established by Ordinance No. 22266; thence North along said line and said City limits line established by Ordinance No. 22266 to the Point of Beginning.

 

Tract 133: Beginning at a point 180 feet West of the Southeast corner of the Northwest of Section 8, Township 52, Range 34 on the South line of said Northwest , said point also being on the City limits line established by Ordinance No. 65021; thence South 89 41 34 West along said South line and along said City limits line a distance of 1637.02 feet to a point also on said City limits line; thence North along said City limits line to the Southerly right-of-way line of NW 136^th Street; thence Easterly along said right-of-way line to a point on a line 180 feet West of the East line of said Northwest , said point also being on the City limits line established by Ordinance No. 22266; thence South along said East line and said City limits line established by Ordinance No. 22266 to the Point of Beginning.

 

(2) Benefit District B, an area referred to as N. Oak Corridor, and bounded on the north by the City limits, on the west by U.S. 169, on the south by the northern Gladstone city limits and its westward extension to U.S.169 and an eastern boundary defined by N. Eastern Avenue from the northern City limits to M-291, M-291 from N. Eastern Avenue to I-435, I-435 from M-291 to Barry Road, Barry Road from I-435 to M-1, and M-1 from Barry Road to the Gladstone city limits;

(3) Benefit District C, an area referred to as Shoal Creek Valley, bounded on the west by N. Eastern Avenue from the northern City limits to M-291, M-291 from N. Eastern Avenue to I-435, I-435 from M-291 to Barry Road, Barry Road from I-435 to M-1, M-1 from Barry Road to the Gladstone city limits and Gladstone north and east city limits, on the south by Pleasant Valley Road, and on the north and east by the City limits and also shall include that certain 164.56 acre tract of land annexed with the passage of Committee Substitute for Ordinance No. 001567 on September 5, 2002, which is legally described as follows:

All that part of the Southwest Quarter of Section 14 and all that part of the Northwest Quarter of Section 23, all in Township 52, Range 32, Clay County, Missouri, being described as follows: Commencing at the Northeast corner of the Northwest Quarter of said Section 23; thence North 89^o3630 West, along the North line of said Northwest Quarter, 82.50 feet to the True Point of Beginning of the tract to be herein described; thence South 0^o1850 West, 247.50 feet; thence South 89^o3630 East, 82.50 feet to a point on the East line of said Northwest Quarter; thence South 0^o1850 West, along said East line, 2196.75 feet; thence North 89^o4204 West, 2462.28 feet; thence North 0^o1313 East, parallel with and 180.00 feet East of the West line of the Northwest Quarter of said Section 23, 2448.24 feet to a point on the South line of the Southwest Quarter of said Section 14; thence North 0^o1820 East, parallel with and 180.00 feet East of the West line of the Southwest Quarter of said Section 14, 180.00 feet; thence North 89^o3630 West, 180.00 feet to a point on the West line of said Southwest Quarter; thence North 0^o1820 East, along said West line, 410.00 feet; thence South 89^o3630 East, 1322.17 feet; thence South 84^o1740 East, 128.05 feet; thence South 57^o5605 East, 203.83 feet; thence South 40^o2512 East, 103.73 feet; thence South 73^o0933 East, 600.29 feet; thence South 68^o2753 East, 86.77 feet; thence South 58^o3453 East, 87.28 feet; thence South 48^o3958 East, 87.28 feet; thence South 46^o0035 East, 105.33 feet; thence South 0^o0700 West, 16.50 feet to the True Point of Beginning. Containing 164.56 acres, more or less;

 

(4) Benefit District D, an area referred to as Birmingham, bounded on the north by Pleasant Valley Road and the City limits, on the east by the City limits, on the south by the Missouri River, and on the west by N. Brighton, the Gladstone south city limits extension to N. Brighton, and the Gladstone east city limits;

 

(5) Benefit District E, an area referred to as Line Creek Valley, bounded on the north by M-152, on the east by U.S. 169, and southern and western boundary defined by Briarcliff Parkway from U.S. 169 to M-9, M-9 from Briarcliff Parkway to the City limits, and the City limits to the west and south.

 

(e) There are hereby established three arterial street impact fee benefit districts in the South Service Area, as identified in Exhibits A-6, A-7 and A-8, which are attached hereto and incorporated herein by reference, and a separate trust account for each benefit district, for the purpose of ensuring that the impact fees collected in each district are spent on improvements that reasonably benefit the fee-paying development. The benefit districts are described as follows:

 

(1) Benefit District F: Beginning at the intersection of the centerline of 51st Street and the easterly right of way line of the Saint Louis and San Francisco Railroad line, (also being the westerly right of way line of the Missouri Pacific Railroad line), thence northerly along said easterly line to a point approximately 1190 feet north of the centerline of 12th Street, also being the point of intersection of the westerly prolongation of the Kansas City Independence city limits line; thence easterly along said westerly prolongation to a point on said city limit line, said point being approximately 1140.0 feet north of the centerline of 12th Street and approximately 2650.0 feet east of the west line of Section 6,Township 49, Range 32 West; thence southerly along the city limits line of Independence, Blue Summit and Raytown to the intersection of the north line of the south half of the Northwest Quarter of Section 19, Township 48, Range 32 West; thence westerly along the north line of the south half of the Northwest Quarter of Section 19, the north line of the south half of the Northeast Quarter and the Northwest Quarter of Sections 24 and 23, Township 48, Range 33 West and the south line of the north half of the Northeast Quarter of Section 22, Township 48, Range 33 West to the northwest corner of the Southeast Quarter of the Northeast Quarter of said Section 22; thence south along the west line of the Southeast Quarter of the Northeast Quarter and the west line of the Northeast Quarter of the Southeast Quarter of said Section 22 to the intersection of the centerline of the southbound lanes of U.S. Highway 71 (Hickman Mills Drive); thence northwesterly along the centerline of the southbound lanes of U.S .Highway 71 (Hickman Mills Drive) to the intersection of the easterly prolongation of the centerline of 85th Street; thence southwesterly along said prolongation and the centerline of 85th Street to the intersection of the westerly right of way line of the Missouri Pacific Railroad right of way; thence northerly along the westerly Missouri Pacific Railroad right of way line to the intersection of the centerline of 51st Street; the point of beginning.

 

(2) Benefit District G: All that part of Kansas City, located in Jackson County and Cass County, Missouri, lying southerly of the following described line, to-wit:

 

Beginning at the intersection of the centerline of 85th Street and State Line Road; thence easterly along the centerline of 85th Street to the intersection of the centerline of the southbound lanes of U.S Highway 71 (Hickman Mills Drive); thence southeasterly along the centerline of the southbound lanes of U.S. Highway 71 (Hickman Mills Drive) to the intersection of the east line of the Northwest Quarter of the Southeast Quarter of Section 22, Township 48 North, Range 33 West; thence northerly along the east line of the Northwest Quarter of the Southeast Quarter of said Section 22 and the east line of the Southwest Quarter of the Northeast Quarter of said Section 22 to the northeast corner of the Southwest Quarter of the Northeast Quarter of said Section 22; thence easterly along the north line of the Southeast Quarter of the Northeast Quarter of said Section 22, the north line of the south half of the Northwest Quarter and the Northeast Quarter of Sections 23 and 24 of Township 48 North, Range 33 West, and the north line of the south half of the Northwest Quarter of Section 19, Township 48 North, Range 32 West, to the intersection with the Raytown city limit line; thence southerly and easterly along the Raytown city limits line to the intersection of the east line of the Northwest Quarter of the Southeast Quarter of Section 21, Township 48 North, Range 32 West; thence southerly along the east line of said Northwest Quarter of the Southeast Quarter of said Section 21 to the southeast corner thereof; thence easterly along the south line of Northeast Quarter of the Southeast Quarter of said Section 21 to the southeast corner thereof; thence southerly along the east line of said Section 21 to the southeast corner thereof; thence easterly along the south line of Section 22, Township 48 North, Range 32 West, to the southeast corner of the Southwest Quarter of said Section 22; thence southerly along the east line of the Northwest Quarter and the Southwest Quarter of Section 27, Township 48 North, Range 32 West, to the intersection of the centerline Bannister Road; thence easterly along the centerline of Bannister Road to the Unity Village city limit line.

 

(3) Benefit District H: All that part of Kansas City, located in Jackson County, Missouri, lying within the following described boundary, to wit: Beginning at the intersection of the centerline of 39th Street and State Line Road; thence easterly along the centerline of 39th Street to the intersection of the centerline of The Paseo; thence southerly along the centerline of The Paseo to the intersection of the centerline of Emanuel Cleaver II Boulevard (formerly known as Brush Creek Boulevard); thence easterly along the centerline of Emanuel Cleaver II Boulevard to the intersection of 45th Street; thence easterly along the centerline of 45th Street to the centerline of Coal Mine Road; thence southeasterly along the centerline of Coal Mine Road to the intersection of the easterly line of the Saint Louis and San Francisco Railroad line; (also being the westerly line of the Missouri Pacific Railroad line); thence southerly along said railroad right-of way line to the intersection of 51st Street; thence westerly along the centerline of 51st Street to the intersection of the centerline of State Line Road; thence northerly along the centerline of State Line Road to the point of beginning.

 

(f) Every impact fee collected shall be deposited or credited to the trust account for the benefit district in which the fee was collected, except that annually, up to three (3) percent of the fees collected for that year shall be transferred to the City's general fund for the purpose of paying the costs of administration of the arterial street impact fee program. The cost of consultant fees to update the arterial street impact fees shall be funded by a uniform percentage of the fees collected in each benefit district during the last year.

 

(g) Impact fees collected and deposited and all interest accrued on such funds shall be used solely for the purpose of arterial street improvements within the benefit district, payment of the costs of administration of the arterial street impact fee, and the payment of consultant fees to update the arterial street impact fees. No impact fees shall be spent on arterial street improvements in any area that is not included within any of the eight benefit districts as defined in this section 39-6. Any arterial street used as a boundary between two benefit districts shall be considered as included within both benefit districts, and may be improved with fees collected in either benefit district. Eligible improvements include construction of new arterial streets, widening existing arterial streets to add additional lanes, and signalization, intersection improvements and other improvements that demonstrably expand the capacity of the City's arterial system to accommodate the transportation demands of new development. The fees shall not be used for right-of-way acquisition, for improvements to roadways other than City-maintained arterial streets, or for maintenance or repair of existing arterial streets.

 

(h) Any proceeds on deposit in the arterial street impact fee trust accounts not immediately necessary for expenditure shall be invested in interest-bearing accounts. All income derived from these investments shall be retained in the trust accounts.

 

(i) Each year, at the time the annual city budget is being prepared, advisory committees whose members are appointed by the Mayor for each benefit district shall propose appropriations to be spent from the trust accounts. The benefit district advisory committees shall consist of nine members, to include one member from the appropriate city council district; one member from the public improvements advisory committee; one member from the city's public works department; one member from the city development department; one member from the parks and recreation department; one member from the appropriate economic development commission, either Platte or Clay; one member from the Northland Chamber of Commerce or the South Kansas City Chamber of Commerce, as appropriate; one residential developer representative; and one commercial developer representative. A representative of the state department of transportation is recommended to serve as a nonvoting member, if any highway segments are included in the benefit district's arterial system eligible for impact fees. After review of the benefit district advisory committees' recommendations, the city council shall approve, modify or deny the recommended expenditures of the trust account moneys. Any amounts not appropriated from the trust accounts, together with any interest earnings, shall be carried over in the trust accounts to the following fiscal year.

 

(j) Each year, at the time of the annual budget adoption for the City, the City Council shall review the amount of general funds being dedicated for road construction along with the funds available and paid pursuant to this chapter in order to provide for the orderly growth of the City.

 

Sec. 39-7. Refunds.

 

(a) Any fees collected shall be returned to the fee payer or his successor in interest if the fees have not been spent within seven years from the date the building permit for the residential or nonresidential development was issued, along with interest at the average annual rate earned by funds in the impact fee trust accounts. Fees shall be deemed to be spent on the basis that the first fee collected shall be the first fee spent. The refund of the fees shall be undertaken through the following process:

 

(1) The feepayer or successor in interest, if the successor is entitled to receive the refund, must petition the city for the refund within one year following the seven-year period from the date on which the impact fee was paid. Within one month of the end of the seven-year period from the date on which the unspent impact fee was paid, the Impact Fee Administrator shall notify the fee payer of eligibility for a refund at the address provided by the fee payer at the time of fee payment or at a new address subsequently provided by the fee payer. It shall be the responsibility of the fee payer to keep the address current.

 

(2) The petition must contain the following information:

 

a. A notarized sworn statement that the petitioner paid the impact fees or is otherwise entitled to receive the refund of the impact fees paid; and

 

b. Proof of payment of the impact fee.

 

c. If the original feepayer is not requesting the refund, proof of the successors interest which entitles the successor to the refund must be submitted with the application for refund.

 

(3) Within one month from the date of receipt of a petition for refund, the Impact Fee Administrator shall review the petition and determine if it is complete. If the Impact Fee Administrator determines the petition is not complete, a written statement specifying the deficiencies shall be sent to the petitioner by certified mail. Unless the deficiencies are corrected, the Impact Fee Administrator shall take no further action on the petition. When the Impact Fee Administrator determines that the petition is complete, the petition shall be reviewed within one month. The Impact Fee Administrator shall approve the refund petition if it is determined that the feepayer or his successor in interest has paid a fee which the City has not spent within the period of time permitted under this section. The refund shall include the fee paid, plus interest.

 

(b) A refund of fees paid shall be made upon written request of the fee payer within one year, when the work for which the fee was paid has not been commenced; provided any building permits and any related plans review applications have been canceled. An administrative fee of ten (10) percent of the fee paid, not to exceed a maximum of $1,000.00, shall be retained by the City. Where fees have been paid or collected in error by the city staff or the request for refund is made within 30 days, the fee payer shall be refunded the entire fee paid.

 

Any petitioner may appeal the decision on the refund to the Board of Zoning Adjustment of Kansas City, Missouri, pursuant to Section 39-9. The applicant must file a notice of appeal with the Impact Fee Administrator within ten working days following the decision.

Sec. 39-8. Construction credits.

 

(a) Any person subject to an impact fee pursuant to this Chapter 39 may apply for a credit against any arterial street impact fee for any contribution, payment, bond submitted securing completion of improvements, or construction accepted and received by the City for any arterial street, including parkways and boulevards as defined herein, identified in the City's adopted Major Street Plan. Credit provided for in this section shall be in addition to those recurring revenue credits factored into the impact fee schedule. Credit shall only be provided for arterials that are or will be the responsibility of the City. No credit shall be provided for the following:

 

(1) Improvements to state roads or federal highways, with the exception of at-grade intersections of City-maintained arterials with state roads or federal highways (if the intersection improvement was a necessary part of the arterial street improvement), and with the exception of state highways and roads which are included within the definition of arterial street or arterial systems in section 39-2(d).

 

(2) Dedication of rights-of-way, since land costs were not included in calculating the arterial street impact fee.

 

(3) Improvements to City streets other than arterial streets, with the exception that improvements to the intersections of City arterials and City non-arterials shall be eligible if they expand the capacity of the arterial.

 

(4) Any improvement that is primarily related to serving an individual development project, such as acceleration-deceleration lanes, turn lanes or traffic signals that primarily serve traffic entering or exiting the development project.

 

(5) Improvements for which reimbursement or direct funding are being provided for under an approved tax increment financing plan. Notwithstanding the foregoing, any person may apply for a credit and a credit may be provided for arterial street improvements identified in the Citys adopted Major Street Plan if at the time of application for a credit under this Section 39-8, an election to waive payment or reimbursement under the tax increment financing plan is filed with the Tax Increment Financing Commission of Kansas City, Missouri, with a copy provided to the City.

 

(6) Improvements to arterial streets not located in one of the eight benefit districts established in this Chapter 39.

 

(b) Credits shall be calculated as follows:

 

(1)               No credit shall be provided under this section for contributions, payments or construction made more than twenty-five (25) years prior to the effective date of this Chapter 39, unless it can be shown by the applicant for such credit that the City has not undertaken any significant amount of reconstruction, resurfacing, installation or replacement of curb and gutter, or other renovation required to extend the life of the facility beyond normal and routine maintenance.

 

(2) Credits for contributions, payments or construction received and accepted by the City prior to May 1, 2002 shall be provided if the development for which the contribution, payment or construction was made has not been completed and/or the contributions, payments or construction received were listed as improvements in Table 14 of the Duncan Associates, Arterial Street Impact Fee Study dated October 2000 for which the impact fee schedules were established. The term completed shall mean that all structures which require a certificate of occupancy within the currently approved development plan on file with the City at the time of building permit issuance have received a temporary or permanent certificate of occupancy, or have been occupied, if occupation occurs first. For developments that include structures for which a certificate of occupancy is not required, the term completed with regard to those structures shall mean that the work has reached a state of construction sufficient to qualify the work for consideration by the director of city development as being substantially complete. The current owner of the property for which such contribution, payment or construction was made as a condition of development approval shall file an application for credit by May 1, 2003; however, any person who applied for credit on or before May 1, 2003 and was denied may request that his application be reconsidered until August 1, 2006 and his application will be reconsidered consistent with the above definition of completed. If the application is not made by May 1, 2003, no credit shall be provided. The application for credit shall be submitted and reviewed as provided in this section. The amount of the credit for a contribution, payment or construction made prior to May 1, 2002 shall be the current value of the contribution, payment or construction, less the total amount of arterial street impact fees that would have been owed for the building permits already issued for the project had those permits been subject to the maximum fees specified in Sec. 39-4(b). The value of any construction shall not include costs for improvements that are in excess of City standards, unless the City specifically required the higher standard construction. The current value shall be determined using the Engineering News-Record Construction Cost Index or an equivalent index if such index is discontinued.

 

(3) Any contribution, payment or construction received and accepted by the City on or after the effective date of this Chapter 39 shall be credited in an amount equal to 100 percent of the contribution or payment or the estimated cost of the construction for required arterial street improvement that expands the capacity of the City's arterial system. The estimated cost shall be based on the lowest responsive bid by a qualified bidder, which bid is approved by the Impact Fee Administrator; or, if no bid is available, the estimated cost certified by a licensed engineer and approved by the Impact Fee Administrator. In the event that the impact fee schedule is revised to account for cost inflation prior to the use of the credits, the credits shall be adjusted to current value to the time of the fee schedule update based on the Engineering News Record Construction Cost Index, or an equivalent index if such index is discontinued.

 

(4) An impact fee credit may be applied against arterial street impact fees that would otherwise be due for building permits issued anywhere within the benefit district of the development for which the arterial improvement or contribution was required as a condition of development approval. The City shall maintain an accounting of the amount of the credit held by an impact fee credit holder and shall reduce the amount of the credit as authorized by the impact fee credit holder. After the credit balance is exhausted, no additional credits shall be applied to subsequent building permits.

 

(5) Impact fee credits held by an impact fee credit holder may be transferred or sold to be used for another development within the same benefit district. No such credits may be transferred or sold by the impact fee credit holder until the Impact Fee Administrator has certified the amount of the credits held by the impact fee credit holder. Anyone attempting to use impact fee credits shall be responsible for proving ownership of the credits to the satisfaction of the Impact Fee Administrator. In the event that the impact fee schedule is revised to account for cost inflation prior to the use of the credits, the credits shall be adjusted to current value to the time of the fee schedule update based on the Engineering News-Record Construction Cost Index, or an equivalent index if such index is discontinued.

(c) The determination of any allowable credit shall be undertaken through the submittal of an application for credit agreement, which shall be submitted to the Impact Fee Administrator. The application for credit agreement shall include the following information:

 

(1) If the proposed application for credit agreement involves construction:

 

a. The proposed plan of the specific construction prepared and certified by a duly qualified and licensed engineer or contractor; and

 

b. The lowest responsive bid by a qualified bidder, or, if no bid is available, projected costs for the suggested capital improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated costs shall include the cost of construction or reconstruction; the cost of plans and specifications; the costs of professional services; and all other expenses necessary or incident to such construction or reconstruction.

 

(2) If the proposed application for credit agreement involves a credit for any contribution or payment:

a. A copy of the document in which the contribution or payment was agreed;

 

b. If payment has been made, proof of payment; or

 

c. If payment has not been made, the proposed method of payment.

 

(d) Upon receipt of the proposed application for credit agreement, the Impact Fee Administrator shall determine if the application is complete. If it is determined that the application is not complete, the Impact Fee Administrator shall send a written statement by certified mail, return receipt requested, to the applicant at the address for the applicant set forth in the application, outlining the deficiencies. The Impact Fee Administrator shall not take further action on the proposed application until all deficiencies have been corrected or otherwise settled. Failure of the applicant to receive the written statement shall not constitute a failure by the City to send said written statement or a failure of notice.

 

(e) Once the Impact Fee Administrator determines that the proposed application is complete, the Impact Fee Administrator shall review it within one month. The Impact Fee Administrator shall determine the amount of credit due based on the information submitted, or, if it determines that such information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the City. The value of the credits may be determined using maximum unit costs based on current low bid results received on other projects through the Citys public bidding process.

 

(f) If the application is approved by the Impact Fee Administrator, a credit agreement that specifically outlines the contribution, payment or construction, the time by which it was or shall be completed or paid and any extensions of time therefore and the dollar credit that the applicant shall receive for the contribution, payment or construction shall be prepared. The credit agreement shall not become effective until the City accepts the facilities or receives the contribution or payment or receives a bond securing completion of the improvements to the arterial street. Any credit may be transferred or sold within the same benefit district pursuant to Sec. 39-8(b)(5).

 

(g) After determination of the amount of the credit, an applicant may appeal such determination to the Board of Zoning Adjustment of Kansas City, Missouri, pursuant to Section 39-9. The applicant must file a notice of appeal with the Impact Fee Administrator within ten working days following the determination of the credit.

 

Sec. 39-9. Appeals.

 

(a) Appeals authorized under this Chapter 39 shall be heard by the Board of Zoning Adjustment of Kansas City, Missouri.

 

(b) The Board shall schedule a hearing on the appeal after the appeal is filed by the applicant with the Impact Fee Administrator. Written notice of the time and date of the hearing shall be provided to the applicant at least two weeks prior to the hearing. Three (3) out of five (5) votes of the Board are required to overturn the decision of the Impact Fee Administrator.

 

(c) In making a decision on the appeal, the Board may make written findings of fact and conclusions of law and use the standards of this Chapter 39 that applied to the original administrative decision being appealed.

 

(d) A person can file an appeal of the Boards decision with the circuit court. An appeal filed under this section would be a Chapter 536, RSMo appeal pursuant to the Administrative Procedures Act.

 

Sec. 39-10. Periodic review.

 

(a) At least once every three years after the effective date of this Chapter 39, the Impact Fee Administrator shall recommend to the City Council whether any changes should be made to the arterial street impact fee schedule to reflect changes in the factors that affect the fee schedule. The purposes of this review are to analyze the effects of inflation on the actual costs of facilities and to ensure that the fees charged new residential and nonresidential development do not exceed the pro rata share of the reasonably anticipated costs of facilities necessitated by new development.

 

(b) Before any ordinance is adopted amending the schedule, the Mayor shall appoint an impact fee steering committee. The steering committee shall be composed of three representatives of the real estate, development, or building industries who are not employees or officials of a political subdivision or governmental entity, a representative from the Public Improvements Advisory Commission, a representative from each of the public works, city development, codes administration and parks and recreation departments, and a representative from the city managers office. An alternate member may be appointed to serve in the place of each of the members by the Mayor.

 

The steering committee shall review and make a recommendation on any proposed amendment to the fee schedule, and will make a recommendation on any other changes to this chapter which are submitted to the committee for review. A quorum of the committee shall be five members.

 

_____________________________________________

Approved as to form:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney