ORDINANCE NO. 230213
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Sponsor: City Manager
Approving the 45th and Troost PIEA General Development Plan on approximately 1.08 acres generally located at the southwest corner of 45th and Troost Avenue, and declaring said area to be blighted and in need of redevelopment and rehabilitation. (CD-CPC-2019-00065)
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WHEREAS, the Planned Industrial Expansion Authority of Kansas City, Missouri (“Authority”) did prepare or cause to be prepared the 45th and Troost PIEA General Development Plan and recommended that the Council approve the finding of blight and approve the General Development Plan for the area; and
WHEREAS, the City Plan Commission has reviewed and recommended approval of the finding of blight of the 45th and Troost PIEA General Development Plan on September 21, 2021, as evidenced by its disposition of the case and its written recommendations submitted to the City; 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, as modified by Second Committee Substitute for Ordinance 200497, 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; and
WHEREAS, City Code §3-622(d), provides prevailing wage requirements for certain construction projects and development plans, and further provides for the waiver of said requirements, giving particular consideration to the enumerated extraordinary qualifications.; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the Council declares the area of approximately 1.08 acres generally located the southwest corner of 45th and Troost Avenue, and more specifically described by metes and bounds on Exhibit A attached hereto and incorporated herein by reference, to be a blighted area as defined in Section 100.310, RSMo, and more specifically finds that there is a predominance of 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 2. That the 45th and Troost PIEA General Development Plan prepared by the Authority and recommended to the Council is intended to and shall affect and be applicable to only the real property specifically described in Section 1 above and is hereby approved. A copy of said General Development Plan is attached to this ordinance and is made a part hereof.
Section 3. That the Council has duly made the findings necessary for compliance with Section 100.300-100.620, RSMo.
Section 4. That 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, as modified by Section E of Second Committee Substitute for Ordinance 200497, 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 in the plan area providing affordable housing or housing at deeper levels of affordability, as defined in Code §74-11.
Section 7. That pursuant to and in accordance with City Code §3-622(d), the City Council recognizes that the projects in the 45th and Troost PIEA General Development Plan that provide affordable housing or housing at deeper levels of affordability, as defined in Code §74-11, are eligible for the waiver of prevailing wage requirements and confirms the PIEA’s authority to issue such a waiver for qualifying projects.
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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.
Approved as to form:
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Emalea Black
Associate City Attorney