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Legislation #: 180447 Introduction Date: 6/7/2018
Type: Ordinance Effective Date: 6/22/2018
Sponsor: None
Title: Approving the Block 139 Chapter 353 Development Plan on the southern half of a tract of land generally bounded by Walnut Street on the east, East 14th Street on the North, Truman Road on the south and Main Street on the west, all in Kansas City, Jackson County, Missouri; reaffirming and declaring the area included in such plan to be a blighted area; authorizing certain tax abatements and providing for the payment of certain payments in lieu of tax; authorizing the execution of certain agreements in connection with the foregoing; appropriating the sum of $10,000.00 for the establishment of a community improvement district; directing the City Clerk to transmit copies of this ordinance; and recognizing this ordinance as having an accelerated effective date.

Legislation History
DateMinutesDescription
6/7/2018 Filed by the Clerk's office
6/7/2018 Referred to Planning, Zoning & Economic Development Committee
6/13/2018 Do Pass as a Committee Substitute
6/14/2018 Assigned Third Read Calendar as Substituted
6/21/2018 Passed as Substituted

View Attachments
FileTypeSizeDescription
180447.pdf Authenticated 189K Authenticated
180447 Fact Sheet.pdf Fact Sheet 120K Fact Sheet
353 Resolution - Block 139 (3 Light) .pdf Other 141K Resolution

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 180447

 

Approving the Block 139 Chapter 353 Development Plan on the southern half of a tract of land generally bounded by Walnut Street on the east, East 14th Street on the North, Truman Road on the south and Main Street on the west, all in Kansas City, Jackson County, Missouri; reaffirming and declaring the area included in such plan to be a blighted area; authorizing certain tax abatements and providing for the payment of certain payments in lieu of tax; authorizing the execution of certain agreements in connection with the foregoing; appropriating the sum of $10,000.00 for the establishment of a community improvement district; directing the City Clerk to transmit copies of this ordinance; and recognizing this ordinance as having an accelerated effective date.

 

WHEREAS, Block 139 Redevelopment Corporation, submitted to the City, via the Kanas City Chapter 353 Advisory Board (the “Board”), an application for the approval of a development plan which contemplated the redevelopment of a tract of land generally bounded by Walnut Street on the east, East 14th Street on the North, Truman Road on the south and Main Street on the west (the “Block 139 Chapter 353 Development Plan”), which was prepared in accordance with Urban Redevelopment Corporations Law of the Revised Statutes of Missouri, as amended (the "Act") and Chapter 74, Code of Ordinances ("Chapter 74"), with such redevelopment to be undertaken by Block 139 Redevelopment Corporation, an urban redevelopment corporation organized under and pursuant to the Act; and

WHEREAS, the Block 139 Chapter 353 Development Plan provides for redevelopment of a surface parking lot and blighted site into a new apartment complex with approximately 300 residential units, commercial space, a six-level parking garage and related infrastructure improvements; and

 

WHEREAS, review by the City Plan Commission was not required as implementation of the Block 139 Chapter 353 Development Plan would not require any changes to the existing zoning and is otherwise in compliance with the Comprehensive Plan; and

WHEREAS, the Board provided such notice as is required by law and thereafter held a public hearing on the Block 139 Chapter 353 Development Plan; and

 

WHEREAS, the Board, after fully considering the Block 139 Chapter 353 Development Plan and the documents submitted in connection therewith, transmitted its recommendation to the City Council; and

 

WHEREAS, Block 139 Redevelopment Corporation has complied with all the requirements imposed upon it by the Act and Chapter 74;

 

WHEREAS, the City Council considered the recommendation of the Board and following such consideration, determined to approve the Block 139 Chapter 353 Development Plan as submitted by Block 139 Redevelopment Corporation, subject to the annual payment of a fixed PILOT as provided within the Block 139 Chapter 353 Development Plan;

 

WHEREAS, the City and Kansas City Live, LLC, have entered into a Master Development and various amendments thereto (collectively, the “Master Development Agreement”);

 

WHEREAS, pursuant to the Master Development Agreement the City and Kansas City Live, LLC, have agreed to pursue the creation of a community improvement district as more fully set forth in the Master Development Agreement; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Block 139 Chapter 353 Development Plan as the same is on file with the Kanas City Chapter 353 Advisory Board and is incorporated herein by reference is hereby revised to correct a scrivener’s error within Exhibit 1, and to increase the PILOT payments as set forth within Exhibit 9, all as attached hereto. The Block 139 Chapter 353 Development Plan, as modified herein, (the “Block 139 Chapter 353 Development Plan”) is hereby approved subject to the execution of a development agreement as authorized herein.

 

Section 2. That the area encompassed by the Block 139 Chapter 353 Development Plan was previously determined by the City Council to be blighted, that no substantial development has occurred since the date of that original blight determination, and that the relevant area remains blighted and is hereby determined to be a blighted area as defined by Section 353.020(2), RSMo, and the redevelopment thereof pursuant to the approved Block 139 Chapter 353 Development Plan is necessary for the preservation of the public peace, prosperity, health, safety, morals and welfare.

 

Section 3. That the City Manager is hereby authorized to take such further actions and execute such agreements and modifications thereto, in such form as he shall determine appropriate, as may be necessary or desirable for purposes of implementing the Block 139 Chapter 353 Development Plan as approved herein. Such agreements shall require an annual payment in lieu of taxes (“PILOT”) in the amounts indicated within the Block 139 Chapter 353 Development Plan, such PILOTs to be distributed pro rata to the relevant taxing jurisdictions, except that the City shall forego its pro rata distribution during the first twenty (20) year period, and the same shall be distributed to the balance of the relevant taxing jurisdictions.

 

Section 4. That upon execution of the development agreement Block 139 Redevelopment Corporation is granted such tax abatements as are provided for in the Block 139 Chapter 353 Development Plan.


 

Section 5. That the sum of $10,000.00 is hereby appropriated from the Unappropriated Fund Balance of the General Fund to the following account:

 

19-1000-131506-B Outside Attorney Consulting $10,000.00

 

Section 6. That the City Clerk shall send a copy of this ordinance to the County Clerk and County Executive of Jackson County, Missouri.

 

Section 7. That this ordinance, relating to the appropriation of money, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(C) of the City Charter and shall take effect in accordance with Section 503, City Charter.

_____________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Randall J. Landes

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Brian T. Rabineau

Assistant City Attorney

 

 

 


 

EXHIBIT 1

 

LEGAL DESCRIPTION OF DEVELOPMENT AREA

 

The City, as the owner of Unit 1, Block 139, a condominium subdivision in Kansas City, Jackson County, Missouri, shall cause Unit 1 to be replatted as Unit 1A and Unit 1B, which Unit 1B shall include all that part of Unit 1 lying below Unit 2B, BLOCK 139 K.C. LIVE THIRD PLAT, and shall convey or cause to be conveyed Unit 1B to Developer by special warranty deed. Unit 2B and Unit 1B shall constitute the Development Area.

 

_______________________________________

 

EXHIBIT 9

 

PILOT AMOUNT

 

Year

PILOT AMOUNT

1 $275,000

2 $275,000

3 $275,000

4 $275,000

5 $275,000

6 $275,000

7 $275,000

8 $275,000

9 $275,000

10 $275,000

11 $275,000

12 $275,000

13 $275,000

14 $275,000

15 $275,000

16 $275,000

17 $275,000

18 $275,000

19 $275,000

20 $275,000

21 $789,154

22 $789,154

23 $811,329

24 $811,329

25 $834,169

 

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