ORDINANCE NO. 210132
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Approving an amendment to the General Development Plan for the 9th and Grand PIEA Planning Area on approximately 0.45 acres generally bordered by private property to the north, Walnut Street to the west, E. 9th Street to the south, and Grand Avenue to the east. (CD-CPC-2020-00197)
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WHEREAS, the City Council, by Ordinance No. 200122 passed on March 5, 2020, approved the General Development Plan (“GDP”) for the 9th and Grand PIEA Planning Area (“Planning Area”) and determined the area to be a blighted, insanitary or undeveloped industrial area in need of industrial development; and
WHEREAS, under the GDP, the intent, purpose and usage of the Planning Area is the conversion of two historical structures into lodging and collaborative office use; and
WHEREAS, Axis KC, LLC (“Developer”) has requested that the GDP be amended to the conversion of two historical structures into the Developer’s option of residential or commercial use, or mixed usage of residential and commercial use (the “Amendment”); and
WHEREAS, the Planned Industrial Expansion Authority (“Authority”) heard the request for the Amendment of the GDP and, by adoption of its Resolution No. 2136 on December 17, 2020, approved the Amendment and recommended approval of the same by Council; and
WHEREAS, having considered the Amendment at a public hearing on February 2, 2020, the City Plan Commission has reviewed and recommended approval of the Amendment; 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 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 Amendment to the 9th and Grand PIEA General Development Plan approved by the Authority is hereby approved. A copy of said Amendment to the General Development Plan in substantial form is attached to this ordinance and is made a part hereof.
Section 2. That the Council affirms its previous declaration that the area of approximately 0.45 acres generally bordered by private property to the north, Walnut Street to the west, E. 9th Street to the south, and Grand Avenue to the east, and more specifically described by metes and bounds on Exhibit A attached hereto and incorporated herein by reference, is a blighted area as defined in Section 100.310, RSMo, and, more specifically, 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 3. That the Amendment does not alter any previous findings Council has duly made for compliance with Section 100.300-100.620, RSMo
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Section 4. That the Amendment to 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.
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Secretary, City Plan Commission
Approved as to form and legality:
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Katherine Chandler
Assistant City Attorney
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