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Legislation #: 130929 Introduction Date: 11/26/2013
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER WAGNER
Title: Declaring an area generally bounded by Gladstone Boulevard, Norledge Avenue and Independence Avenue on the north; N. Wheeling Avenue, Belmont Boulevard and N. Chouteau Trafficway on the east; Wilson Avenue, the Kansas City Terminal Railway tracks and I-70 on the south; and Benton Boulevard, Jackson Avenue and Elmwood Avenue on the west to be a blighted and insanitary area in need of redevelopment and rehabilitation pursuant to the Land Clearance for Redevelopment Authority law and approving the Urban Renewal Plan for the same, said plan to be known as the Indian Mound-Lykins Urban Renewal Plan. (703-S)

Legislation History
DateMinutesDescription
11/25/2013 Filed by the Clerk's office
11/26/2013 Referred to Planning, Zoning & Economic Development Committee
12/4/2013 Hold On Agenda (12/11/2013)
12/11/2013 Do Pass as a Committee Substitute
12/12/2013 Assigned Third Read Calendar as Substituted
12/19/2013 Passed as Substituted

View Attachments
FileTypeSizeDescription
130929.pdf Authenticated 315K Authenticated
C000703S_fact sheet_revised_12_02_2013.xlsx Fact Sheet 52K fact sheet revised 12-02-2013
130929 Staff Report.pdf Staff Report 498K Staff Report
130929 Fact Sheet.pdf Fact Sheet 214K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 130929

 

Declaring an area generally bounded by Gladstone Boulevard, Norledge Avenue and Independence Avenue on the north; N. Wheeling Avenue, Belmont Boulevard and N. Chouteau Trafficway on the east; Wilson Avenue, the Kansas City Terminal Railway tracks and I-70 on the south; and Benton Boulevard, Jackson Avenue and Elmwood Avenue on the west to be a blighted and insanitary area in need of redevelopment and rehabilitation pursuant to the Land Clearance for Redevelopment Authority law and approving the Urban Renewal Plan for the same, said plan to be known as the Indian Mound-Lykins Urban Renewal Plan. (703-S)

 

  WHEREAS, Section 99.430, RSMo, provides that a legislative body may approve a declaration of blight and approve an urban renewal plan for the same area simultaneously; and

 

WHEREAS, it is desirable and in the public interest that the Land Clearance for Redevelopment Authority of Kansas City, Missouri, submit an Urban Renewal Plan for the area generally bounded by Gladstone Boulevard, Norledge Avenue and Independence Avenue on the north; N. Wheeling Avenue, Belmont Boulevard and N. Chouteau Trafficway on the east; Wilson Avenue, the Kansas City Terminal Railway tracks and I-70 on the south; and Benton Boulevard, Jackson Avenue and Elmwood Avenue on the west; and

 

WHEREAS, said area is blighted due to the insanitary or unsafe conditions, deterioration of site improvements, and a combination of such factors so as to constitute an economic or social liability to the public health, safety, morals or welfare; and

 

WHEREAS, the Land Clearance for Redevelopment Authority of Kansas City, Missouri, did on the 25th day of October 23, 2013, adopt a resolution recommending that the area be declared blighted and recommending approval of an Urban Renewal Plan for the area generally bounded by Gladstone Boulevard, Norledge Avenue and Independence Avenue on the north; N. Wheeling Avenue, Belmont Boulevard and N. Chouteau Trafficway on the east; Wilson Avenue, the Kansas City Terminal Railway tracks and I-70 on the south; and Benton Boulevard, Jackson Avenue and Elmwood Avenue on the west, said resolution being set forth and incorporated in the Urban Renewal Plan; and

 

WHEREAS, the City Plan Commission reviewed and recommended approval of the Indian Mound-Lykins Urban Renewal Plan on November 19, 2013; and

 

WHEREAS, the Council wishes to make a minor revision to Section V.B. of the plan to clarify the provisions regarding eminent domain; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the proposed Urban Renewal area generally bounded by Gladstone Boulevard, Norledge Avenue and Independence Avenue on the north; N. Wheeling Avenue, Belmont Boulevard and N. Chouteau Trafficway on the east; Wilson Avenue, the Kansas City Terminal Railway tracks and I-70 on the south; and Benton Boulevard, Jackson Avenue and Elmwood Avenue on the west and more specifically described as:

 

Beginning at the point of intersection of the centerline of Independence Avenue and the centerline of Wilson Street, thence north – northeasterly along the centerline of Wilson street to its point of intersection with the centerline of Belmont Avenue; thence northerly along said centerline of Belmont Avenue to its point of intersection with the centerline of Chouteau Trafficway; thence northeasterly - northerly along said centerline of Chouteau Trafficway to its point of intersection with the extended centerline of Saida Street; thence westerly along said centerline of Saida Street to its point of intersection with the centerline of Wheeling Avenue; thence northerly along said centerline of Wheeling Avenue to its point of intersection with the centerline of Gladstone Boulevard; thence westerly along said centerline of Gladstone Boulevard to its point of intersection with the centerline of Elmwood Avenue; thence southerly along said centerline of Elmwood Avenue to its point of intersection with Sunrise Avenue; thence westerly along said centerline of Sunrise Avenue to its point of intersection with the centerline of Kensington Avenue; thence southerly along said centerline of Kensington Avenue to its point of intersection with the centerline of Norledge Avenue; thence westerly along said centerline of Norledge Avenue to its point of intersection with the centerline of Jackson Avenue; thence southerly along said centerline of Jackson Avenue to its point of intersection with the centerline of Independence Avenue; thence westerly along said centerline of Independence Avenue to its point of intersection with the centerline of Benton Boulevard; thence southerly along said centerline of Benton Boulevard to its point of intersection with the northerly right-of-way of I-70; thence southeasterly – southerly to its point of intersection with the northerly right-of-way of the Kansas City Terminal Railroad; thence northeasterly along said northerly right-of-way of the Kansas City Terminal Railroad to its point of intersection with the centerline of Independence Avenue; thence westerly along said centerline of Independence Avenue to its point of intersection with the centerline of Wilson Street, said point being the Point of Beginning, all lying situate within the City of Kansas City, Jackson County, Missouri.

 

 is a blighted area and in need of redevelopment and rehabilitation and is appropriate for an Urban Renewal Project, and that the undertaking by the Land Clearance for Redevelopment Authority of Kansas City, Missouri, of surveys and plans for an urban renewal project of a character contemplated by Section 99.430, Revised Statutes of Missouri, as amended, and the proposed urban renewal area is hereby approved, with the following revised Section V.B., to be substituted on page 13 of the plan:

 

B. Eminent Domain

 

Under the provisions of Section 99.420(4) R.S.Mo., the Authority is granted the power of eminent domain for the purposes of assisting in the implementation of approved redevelopment projects and/or the eradication of blight or insanitary conditions. The Authority, therefore, declares its intent to exercise its power of eminent domain within the Indian Mound - Lykins Urban Renewal Area to further the purposes and intent of the Plan in response to redevelopment project applications or in an effort to eradicate blight or insanitary conditions. The Authority shall not use its power of eminent domain to acquire owner-occupied residential property. While assisting approved redevelopment projects or eradicating blight or insanitary conditions, the Authority shall, however, limit its use of eminent domain to the acquisition of properties with one or more of the following conditions: repeated and/or unresolved code violations, being included on the City’s “dangerous buildings” list, repeated calls for Police service being made to residential rental properties, a pattern of late payment of real property taxes and/or assessments, abandonment, or such other condition as may be deemed appropriate by the Authority. The proposed use of eminent domain must be approved by the Indian Mound Neighborhood Association or the Lykins Neighborhood Association (depending upon the specific location) or the successor organization(s) prior to the Authority’s approval of the use of its power of eminent domain. The Authority shall consider any such request to exercise its power of eminent domain as a major modification of the Plan and shall, therefore, seek the approval of the City Council prior to exercising its power of eminent domain in furtherance of the Plan.

 

Section 2. That the Council has duly made the findings necessary for compliance with Sections 99.320 and 99.430, Revised Statutes of Missouri, as amended.

 

Section 3. That the Urban Renewal Plan which is known as the Indian Mound-Lykins Urban Renewal Plan, a copy of which is on file in the office of the City Clerk with this ordinance and is incorporated herein by reference, is hereby approved.

 

Section 4. That said Urban Renewal Plan is hereby found to be feasible and in conformance with the Master Plan for the development of the community as a whole.

 

______________________________________________________

 

I hereby certify that as is required by Chapter 99, Revised Statutes of Missouri, as amended, all public notices and hearings required by law have been given and had.

 

 

____________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

____________________________________

Brian T. Rabineau

Assistant City Attorney