[1-12-2021 by Ord. No. 5119]
This article shall be known and may be cited and referred to as the "Crestwood Urban Redevelopment and Procedures Ordinance." Authority for the enactment of this article is derived from Article VI, Section 21, and Article X, Section 7, of the Missouri Constitution, as well as Chapter 353, RSMo. (2000), as amended, (Chapter 353), the Urban Redevelopment Corporations Law.
[1-12-2021 by Ord. No. 5119]
The following terms, whenever used or referred to in this article
shall, unless a different intent clearly appears from the context,
be construed to have the following meanings:
That portion of the City which the Board of Aldermen has
found or shall find to be blighted, following a public hearing thereon,
so that the clearance, replanning, rehabilitation, or reconstruction
thereof is necessary to effectuate the purposes of Chapter 353 and
this article. Any such area may include buildings or improvements
not in themselves blighted, and any real property, whether improved
or unimproved, the inclusion of which is deemed necessary for the
effective clearance, replanning, reconstruction or rehabilitation
of the area of which such buildings, improvements or real property
form a part.
Those portions of the City which the Board of Aldermen shall
determine that, by reason of the predominance of insanitary or unsafe
conditions, deterioration of site improvements, or the existence of
conditions which endanger life or property by fire and other causes,
or any combination of such factors, retards the provision of housing
accommodations or constitutes an economic or social liability or a
menace to the public health, safety, or welfare in its present condition
and use.
[Amended 4-26-2022 by Ord. No. 5263]
A written analysis of the conditions of an area confirming
that such area qualifies as a blighted area under Chapter 353 and
this article.
The Board of Aldermen of the City of Crestwood, Missouri.
Chapter 353 of the Missouri Revised Statutes, as same may
be amended from time to time, and known as the "Urban Redevelopment
Corporations Law."
The City of Crestwood, Missouri.
An urban redevelopment corporation organized and existing
under and pursuant to the provisions of Chapter 353.
That contract or agreement entered into between the City
and a corporation pursuant to an approved development plan.
A plan completed in accordance with § 26-62 (Development plan contents) of this article and including a blighting analysis, together with any amendments thereto, for the redevelopment of all or any part of a blighted area.
The Director of Public Services of the City of Crestwood,
Missouri.
The Mayor of the City of Crestwood, Missouri.
Includes lands, buildings, improvements, land under water
and any and all easements, franchises and hereditaments, corporeal
or incorporeal, and every estate, interest, privilege, easement, franchise
and right therein or appurtenant thereto, legal or equitable, including
restrictions of record created by plat, covenant or otherwise, rights-of-way,
and terms for years.
The clearance, replanning, reconstruction or rehabilitation
of a blighted area, in whole or in part, and the provision for such
industrial, commercial, residential or public structures and spaces
as may be appropriate, including recreational and other facilities
incidental or appurtenant thereto.
A specific work or improvement to effectuate all or any part
of a development plan.
[1-12-2021 by Ord. No. 5119]
The Board may authorize the City Administrator to prepare a
blighting analysis or to select a planning consultant to prepare a
blighting analysis evidencing conditions of blight existing within
an area. Such blighting analysis may be used by the Board to determine
if the area qualifies as a blighted area under Chapter 353 or any
other economic development or redevelopment law of the State of Missouri,
providing for the clearance, replanning, reconstruction or rehabilitation
of a blighted area.
[1-12-2021 by Ord. No. 5119]
Submission of proposal for development plans within Chapter
353 area shall be subject to the following process:
A.
Published notice. Upon request by the City Administrator, the City Clerk shall publish a notice in the newspaper of general circulation inviting, and the City may otherwise request, the submission of proposed development plans in accordance with § 26-62 (Development plan contents) of this article for the redevelopment of an area, regardless of whether the Board of Aldermen has, at the time of publication, determined that such area qualifies as a blighted area. Such notice shall provide that proposed development plans must be submitted to the City within no less than 30 days nor more than 90 days following publication of such notice. If the Board rejects all proposed development plans, or if none are submitted, the Board may direct the City Clerk to publish notice again and the period of submission of proposed development plans shall begin anew. Such notice shall be sufficient if it states that the City will consider one or more municipal finance incentives provided under state law in connection with the proposed project.
B.
Submitting parties. Notwithstanding anything to the contrary in Subsection A of this section, above, a party that has previously responded to a request for redevelopment proposals for a specific site in the City, and been designated by the Board of Aldermen as the developer for such specific site or portion thereof, may submit a development plan for such site or portion thereof to the City at any time, regardless of whether an invitation to submit proposed development plans for such site has been published pursuant to Subsection A of this section, above.
[1-12-2021 by Ord. No. 5119]
Submission of a development plan shall comply with the following
requirements;
A.
Filing fee. Any party submitting a development plan for review shall
submit copies, and shall submit a nonrefundable filing fee to the
City in the amount designated in the Public Works Fee Schedule to
be used by the City to defray the expenses connected with the evaluation
and review of the proposed development plan.
B.
Development plan requirements.
1.
A development plan shall contain at least the following information
and data:
a.
Legal
description and plat. A legal description of the area by metes and
bounds or other definite designation and a scaled plat of the area;
b.
Design
plan. A narrative description and preliminary design plan of the proposed
redevelopment project and schematic drawings and elevations describing
the general location of structures, height, size and scale of structures,
proposed land uses, open spaces, building materials, general landscaping
and traffic circulation;
c.
Project
phases. A statement of the various phases, if more than one is intended,
by which the redevelopment project is proposed to be constructed or
undertaken, and the approximate time limit for the commencement and
completion of each phase, together with a legal description, or other
definite designation, of the real property to be included in each
phase;
d.
Unit
specifications; availability. A statement of the character, type and
quality of construction, and where applicable, the approximate number
of units, the square footage of the various units, approximate rentals
and approximate date of availability of the proposed units to be offered
during the construction by each phase, if at all, or upon completion
of the redevelopment project;
e.
Property
to be demolished. A statement of the existing buildings or improvements
in the blighted area proposed to be demolished, in whole or in part,
if at all, and an estimate of the timing of such demolition;
f.
Building
rehabilitation. A statement of existing buildings to remain, if any,
the proposed improvements to each such building to remain and the
approximate period of time during which such improvements, repairs
or alterations are to be made;
g.
New
construction. A statement of the general type, size, number, character
and materials of each new industrial, commercial, residential or other
building or improvement to be erected or made and the estimate of
the timing of such construction;
h.
Open
space and other amenities. A statement of those portions, if any,
of the blighted area which may be permitted or will be required to
be left as open space or improved with other amenities, the use to
which each such space is to be put, the period of time each such space
will be required to remain an open space or used for other amenities
and the manner in which it will be improved and maintained;
i.
Property
for public agencies. A statement of those portions, if any, of the
area which are proposed to be sold, donated, exchanged or leased to
any public agency and an outline of the terms of such proposed sale,
donation, exchange or lease;
j.
Zoning
changes. A statement of the proposed changes, if any, in the Zoning
Ordinance or Zoning Map, necessary or desirable for the redevelopment
project and its protection from blighting influences;
k.
Street
changes. A statement of the proposed changes in streets or street
levels and proposed street closings within, adjacent to, or in the
proximity of the area, if any;
l.
Utility
changes. A statement of the changes, if any, which will be required
in utility sources to accommodate the redevelopment project and changes,
if any, in utility lines, easements, or locations;
m.
Acquisition
plan, eminent domain. A statement giving:
(1)
The legal description, or other definite designation, of the real
property owned or under option or contract to purchase by the corporation
or its agent or affiliates;
(2)
Where known, or in the event the parties are unable to conclude a
voluntary conveyance, designation of the real property proposed to
be acquired by eminent domain by the corporation; and
(3)
The time schedule for acquisition by either negotiated purchase or
exercise of the power of eminent domain;
n.
Eminent
domain by City. A statement giving the legal description of the real
property, if any, proposed to be acquired by the City on behalf of
the corporation, the terms and conditions for such acquisition, and
the reasons why the aid of the City is sought for this purpose;
o.
Financing.
A detailed statement of the proposed method of financing the redevelopment
project which shall set forth the estimated development costs of the
project and the proposed sources of funds, debt and equity, to meet
such estimated costs; a signed letter of commitment from the financing
entity evidencing that construction financing has been approved for
the redevelopment project (which letter may be conditioned upon and
subject to completion of final plans and specifications, final approval
by the City of the development plan, negotiation of the development
contract and such other standard conditions as are found in construction
financing commitment letters); a detailed statement of the projected
revenues and expenses during the first five years in which the project
is in operation; and the assurances, including performance bonds,
if any, to be given to the City by the corporation and its affiliates
for the corporation's performance of its obligations;
p.
Management.
A list of the persons proposed to be active in or associated with
the management of the redevelopment project during a period of at
least two years following completion of construction and a list of
the officers, directors and principal stockholders of the corporation;
q.
Qualifications.
A statement detailing the experience and qualifications of the person
or corporation, including any principals, submitting the proposed
development plan and proposed to be actively involved in the overall
direction and implementation of the redevelopment project;
r.
Public
property. A statement listing any real property in the area in public
use or belonging to the City, county, state or any political subdivision,
thereof, together with a statement that the consent of such entity,
other than City, has been obtained for the acquisition of such property
if such property is to be acquired; and
s.
Relocation.
A statement of the proposed plan, if any, for the relocation of those
persons who will be displaced by the redevelopment project and the
estimated costs thereof.
2.
Other information. The development plan may also contain such other
statements or exhibits as may be deemed relevant by the corporation
or is requested by the Board.
[1-12-2021 by Ord. No. 5119; amended 4-26-2022 by Ord. No. 5263]
Any application for approval of a development plan shall be
supported by factual evidence of blight that:
[1-12-2021 by Ord. No. 5119]
At such time as determined by the City following the final date for submission of proposed development plans, and if a proposed development plan, or more than one such plan, has been submitted, the City Clerk shall publish notice in a paper of general circulation notifying all interested parties in the proposed development plan(s) that a public hearing will be held on a date and time certain, provided that the public hearing shall not be held less than 15 days prior to nor more than 30 days following publication of the notice provided for in this section. At the public hearing, interested parties shall be afforded an opportunity to comment on the proposed grant of rights or powers to a corporation with respect to a blighted area, including, but not limited to, eminent domain. In addition, if real property tax abatement, as contemplated by § 26-62 (Development plan contents) of this article, is included in a proposed development plan, the City shall furnish each political subdivision whose boundaries for ad valorem taxation purposes include any portion of the real property to be affected by such tax abatement or exemption with a written statement of the impact on ad valorem taxation, such tax abatement or exemption will have on such political subdivision and a written notice of the public hearing to be held pursuant to this section. The written statement and notice required by this section shall be mailed to each political subdivision by registered or certified mail, postage prepaid, return receipt requested, at least 10 days prior to the hearing.
[1-12-2021 by Ord. No. 5119]
Upon receipt of a proposed development plan containing the information as required in § 26-62 (Development plan contents) of this article, the Board of Aldermen shall review the submitted material in accord with the following provisions:
A.
The Board may request and receive clarification of any proposed development
plan. The Board, in its discretion, may waive any irregularity or
omission in any proposed development plan.
B.
Following the public hearing, the Board shall consider the merits
of the proposed development plan(s) and, in its discretion, by resolution,
preliminarily, either:
C.
Following preliminary Board approval, the person or corporation submitting
the proposed development plan shall file evidence with the City Clerk
that it is a lawfully organized corporation and that such corporation
is in good standing existing under Chapter 353.
[1-12-2021 by Ord. No. 5119]
Final approval of a proposed development plan shall be by ordinance.
The ordinance approving a development plan shall contain:
A.
A finding that the area qualifies as a blighted area, and that the
clearance, redevelopment, replanning, rehabilitation or reconstruction
thereof is necessary for public convenience and necessity and constitutes
a public purpose;
B.
A finding that construction of the redevelopment project is necessary
for the preservation of the public peace, property, health, safety,
morals and welfare;
C.
If the Board so determines, the finding and declaration that the
exercise of the power of eminent domain by the corporation is necessary
to accomplish the purposes of the redevelopment project and is in
the best interests of the City;
D.
Authority for the Mayor to enter into a development contract on behalf
of the City with the corporation;
E.
A designation of the time within which all real property in the blighted
area must be acquired by the corporation, which may include acquisition
by phases, and provision for the expiration of development rights,
including the right of eminent domain in the event of failure of the
corporation to acquire ownership of the real property within the blighted
area within the time limits specified;
F.
A provision limiting the use of the blighted area to the use(s) described
in the approved development plan for a period of years;
G.
Such other matters as may be deemed relevant by the Board, including,
but not limited to, liquidated damages and amount of performance and
payment bonds, if any; and
H.
If the Board so determines, a provision authorizing that any surplus
earnings in excess of the rate of net earnings provided in Chapter
353 may be held by the corporation as a reserve for maintenance of
such rate of return in the future and may be used by the corporation
to offset any deficiency in such rate of return which may have occurred
in prior years; or to be used to accelerate the amortization payments;
or for the enlargement of the redevelopment project; or for reduction
in rentals therein.
[1-12-2021 by Ord. No. 5119]
Subject to approval of a development plan and other provisions
of this article, the general ad valorem taxes on real property within
the Chapter 353 area may be abated subject to the following:
A.
The real property of a corporation acquired pursuant to this article
shall not be subject to assessment or payment of general ad valorem
taxes imposed by the City, or by the state or any political subdivision
thereof, for a period of not in excess of 10 years after the date
upon which such corporation becomes owner of such real property, except
to such extent and in such amount as may be imposed upon such real
property during such period measured solely by the amount of assessed
valuation of the land, exclusive of improvements, acquired pursuant
to this article and owned by such corporation, as was determined by
the County Assessor for taxes due and payable thereon during the calendar
year preceding the calendar year during which the corporation acquired
title to such real property; and the amounts of such tax assessments
shall not be increased during such period so long as the real property
is owned by an urban redevelopment corporation and used in accordance
with the development plan authorized by the Board.
B.
In the event, however, that any such real property was tax exempt immediately prior to ownership by any urban redevelopment corporation, such Assessor shall, upon acquisition of title thereto by the corporation, promptly assess such land, exclusive of improvements, at such valuation as shall conform to but not exceed the assessed valuation made during the preceding calendar year of other land, exclusive of improvements, adjacent thereto or in the same general neighborhood, and the amount of such assessed valuation shall not be increased during the period set pursuant to Subsection A of this section so long as such real property is owned by such corporation and used in accordance with the development plan and approved by the Board.
C.
For the next ensuing period not in excess of 15 years, ad valorem
taxes upon such real property shall be measured by the assessed valuation
thereof as determined by such Assessor upon the basis of not to exceed
50% of the true value of such real property, including any improvements
thereon, nor shall such valuations be increased above 50% of the true
value of such real property from year to year during such next ensuing
period so long as the real property is owned by the corporation and
used in accordance with an authorized development plan.
D.
After a period totaling not more than 25 years, such real property
shall be subject to assessment and payment of all ad valorem taxes,
based on the full true value of the real property; provided that after
the completion of the redevelopment project as authorized by law or
ordinance, whenever any corporation shall elect to pay full taxes,
or at the expiration of the period, such real property shall be owned
and operated free from any of the conditions, restrictions or provisions
of this section, the approving ordinance and any rule or regulation
adopted pursuant to this article.
E.
Notwithstanding any other provision of law to the contrary, payments
in lieu of taxes may be imposed by contract between the City and the
corporation which receives tax abatement or exemption on property
pursuant to Chapter 353. Such payment shall be made to the Collector
of Revenue of St. Louis County by December 31 of each year that payments
are due. The Board shall furnish the Collector a copy of such contract
requiring payment in lieu of taxes. The Collector shall allocate all
revenues received from such payment in lieu of taxes among all taxing
authorities whose property tax revenues are affected by the exemption
or abatement on the same pro rata basis and in the same manner as
the ad valorem property tax revenues received by each taxing authority
from such property in the year such payments are due.
[1-12-2021 by Ord. No. 5119]
Authorization for the urban redevelopment corporation to proceed
with the redevelopment plan shall be subject to the following:
A.
Upon enactment of an ordinance approving a development plan, the
City shall enter into a development contract with the corporation
pursuant to the terms and conditions set forth in this article and
the ordinance approving the development plan. The corporation shall
not have any of the benefits of the ordinance approving the redevelopment
plan until it has executed the development contract by its duly authorized
officers.
B.
A copy of the development contract between the City and the corporation
for carrying out the development plan shall be recorded by the corporation
in the office of the Recorder of Deeds of St. Louis County, and proof
of such recording shall be filed with the City Clerk. True copies
of the development plan approved by the Board by ordinance shall be
retained with the authorizing ordinance by the City Clerk.
[1-12-2021 by Ord. No. 5119]
A.
Prior to the commencement of an approved redevelopment project, the
corporation shall comply with all other applicable ordinances, including
without limitation, as necessary, all procedures for rezoning, subdivision
approval, street vacation and establishment.
B.
The corporation shall pay when due and payable all such fees, licenses
and other charges required by the ordinances of the City applicable
to such corporation or the redevelopment project to be undertaken.
[1-12-2021 by Ord. No. 5119]
A.
Building permits. In the event an ordinance approves a development
plan for a blighted area, no building permit for construction in the
area shall be issued unless the building plans are found by the Director
of Public Services to be in substantial compliance with the approved
development plan, as same may have been amended, modified or changed
by ordinance, for the period during which the development plan is
in effect, and in compliance with all other applicable City ordinances.
B.
Investigation and reports. It shall be the duty of the Director of
Public Services, after a development plan has been approved by the
Board, to investigate and determine from time-to-time during construction
of the redevelopment project whether the corporation undertaking such
development plan is fully complying with the provisions thereof and
its development contract with the City, and all other applicable City
ordinances, in the manner and at the times fixed therein for the performance
of the various phases thereof. The Director of Public Services shall
make periodic reports to the Board and the Mayor regarding same.
C.
Time extension. The Board may, for good cause shown, grant to a corporation
operating under an approved development plan an extension of time
in which to complete the redevelopment project, or any phase, state
or portion thereof.
D.
Recommendation of certification:
1.
When a corporation operating under an approved development plan shall
have completed the redevelopment project, or any phase thereof, in
accordance with the provisions of the development plan and all applicable
City ordinances, the Director of Public Services, upon the written
request of such corporation, shall conduct an investigation, and if
the Director of Public Services determines that the redevelopment
project or such phase thereof has been so completed, he shall recommend
to the Board that a certificate of full compliance in recordable form
be issued to such corporation for such phase or for the entire redevelopment
project, as the case may be.
2.
In the event it is determined that the redevelopment project or any
phase thereof has not been so completed, then the Board shall give
notice by certified mail, return receipt requested, to the corporation
stating the reasons for the finding that there has not been substantial
compliance.
[1-12-2021 by Ord. No. 5119]
A corporation may sell or otherwise dispose of any or all of
the real property acquired by it for the purpose of a redevelopment
project. Any such conveyance or other disposition shall be subject
to the terms of the approved development plan and development contract.
[1-12-2021 by Ord. No. 5119]
Whenever any corporation operating under, or availing itself
of the benefits of, a development plan, does not substantially comply
with the development plan and the development contract with the City
within the time limits and in the manner as therein stated, reasonable
delays caused by unforeseen circumstances beyond their control alone
excepted, or shall do or permit to be done anything in violation of
the development plan, the development contract or this article, or
omits to do anything required of it by the development plan, the development
contract or this article, or shall be about so to do, permit to be
done, or fail or omit to have done, then suit may be filed by the
City for injunctive relief and/or for damages against the corporation
for breach of any of the terms, conditions and covenants of the development
plan, the development contract or this article. The Board may elect
to terminate a development contract for nonperformance or breach by
the corporation. In the event the City prevails in any action hereunder,
it shall recover all of its attorney's fees, costs and damages arising
out of such action.
[1-12-2021 by Ord. No. 5119]
The provisions of Chapter 353 are hereby accepted and shall
apply to all persons and corporations operating under this article
insofar as the same may be applicable thereto.
