[Ord. No. 4190, 2-1-2021]
A.
This Article shall be known and may be cited and referred to as the "Lake Saint Louis 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, Revised Statues of Missouri (2000), as amended, (Chapter 353), the Urban Redevelopment Corporations Law.
[Ord. No. 4190, 2-1-2021]
A.
The Board of Aldermen 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 of Aldermen
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.
[Ord. No. 4190, 2-1-2021]
A.
Submission of proposal for development plans within the Chapter 353
Area shall be subject to the following process:
1.
Published Notice.
a.
Upon request by the Community Development Director, 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 Section 405.290, Development
Plan Contents, regardless of whether the Board of Aldermen
has, at the time of publication, determined that such area qualifies
as a blighted area.
b.
Such notice shall provide that proposed development plans must
be submitted to the City within no less than thirty (30) days nor
more than ninety (90) days following publication of such notice.
c.
If the Board of Aldermen rejects all proposed development plans,
or if none are submitted, the Board of Aldermen 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 (1) or more municipal
finance incentives provided under State law in connection with the
proposed project.
2.
Submitting Parties.
a.
Notwithstanding anything to the contrary in Subsection (A)(1), a party that meets the following criteria 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)(1):
[Ord. No. 4190, 2-1-2021]
A.
Submission of a development plan shall comply with the following
requirements:
1.
Filing Fee.
a.
Any party submitting a development plan for review shall submit
the number of copies designated by the Community Development Director
and shall submit a nonrefundable filing fee to the City of the amount
to be determined by the Board of Aldermen to be used by the City to
defray the expenses connected with the evaluation and review of the
proposed development plan.
2.
Development Plan Requirements.
a.
A development plan shall contain at least the following information
and data:
(1)
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;
(2)
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;
(3)
Project Phases. A statement of
the various phases, if more than one (1) 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;
(4)
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;
(5)
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;
(6)
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;
(7)
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;
(8)
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 be used for other amenities and the manner in which it will
be improved and maintained;
(9)
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;
(10)
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;
(11)
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;
(12)
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;
(13)
Acquisition Plan, Eminent Domain. A statement giving:
(a)
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;
(b)
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
(c)
The time schedule for acquisition by either negotiated purchase
or exercise of the power of eminent domain;
(14)
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;
(15)
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 (5) 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;
(16)
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 (2) years following
completion of construction and a list of the officers, directors and
principal stockholders of the corporation;
(17)
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;
(18)
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 the City,
has been obtained for the acquisition of such property if such property
is to be acquired; and
(19)
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.
b.
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 of Aldermen.
[Ord. No. 4190, 2-1-2021]
A.
Any application for approval of a development plan shall be supported
by factual evidence of blight that:
1.
Relates to the area generally;
2.
Relates to each specific property proposed to be acquired by
the corporation;
3.
Is sufficient to show that, by reason of age, obsolescence,
inadequate or outmoded design or physical deterioration, the properties
involved have become economic and social liabilities, and that such
conditions are conducive to ill health, transmission of disease, crime
or inability to pay reasonable taxes; and
4.
Is sufficient to support a finding of blight by the Board of
Aldermen, in compliance with State law.
[Ord. No. 4190, 2-1-2021]
A.
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 (1) 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 fifteen (15) days prior
to nor more than thirty (30) days following publication of the notice
provided for in this Section.
B.
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.
C.
In addition, if real property tax abatement is included in a proposed
development plan, the City shall furnish each political subdivision
whose boundaries for ad valorem taxations 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 ten (10)
days prior to the hearing.
[Ord. No. 4190, 2-1-2021]
A.
Upon receipt of a proposed development plan containing the information as required in Section 405.290, Development Plan Contents, the Board of Aldermen shall review the submitted material in accord
with the following provisions:
1.
The Board of Aldermen may request, and receive, clarification
of any proposed development plan. The Board of Aldermen, in its discretion,
may waive any irregularity or omission in any proposed development
plan.
2.
Following the public hearing, the Board of Aldermen shall consider
the merits of the proposed development plan(s) and, in its discretion,
by resolution, preliminarily, either:
3.
Following preliminary Board of Aldermen 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.
[Ord. No. 4190, 2-1-2021]
A.
Final approval of a proposed development plan shall be by ordinance.
The ordinance approving a development plan shall contain:
1.
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;
2.
A finding that construction of the redevelopment project is
necessary for the preservation of the public peace, property, health,
safety, morals and welfare;
3.
If the Board of Aldermen 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;
4.
Authority for the Mayor to enter into a development contract
on behalf of the City with the corporation;
5.
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;
6.
A provision limiting the use of the blighted area to the use(s)
described in the approved development plan for a period of years;
7.
Such other matters as may be deemed relevant by the Board of
Aldermen, including, but not limited to, liquidated damages and amount
of performance and payment bonds, if any; and
8.
If the Board of Aldermen 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.
[Ord. No. 4190, 2-1-2021]
A.
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:
1.
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 ten (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 of Aldermen.
2.
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 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 of Aldermen.
3.
For the next ensuing period not in excess of fifteen (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 fifty percent (50%) of the true value of such
real property, including any improvements thereon, nor shall such
valuations be increased above fifty percent (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.
4.
After a period totaling not more than twenty-five (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.
5.
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 of Aldermen 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.
[Ord. No. 4190, 2-1-2021]
A.
Authorization for the urban redevelopment corporation to proceed
with the redevelopment plan shall be subject to the following:
1.
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.
2.
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 St. Charles County Recorder
of Deeds, and proof of such recording shall be filed with the City
Clerk. True copies of the development plan approved by the Board of
Aldermen by ordinance shall be retained with the authorizing ordinance
by the City Clerk.
[Ord. No. 4190, 2-1-2021]
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.
[Ord. No. 4190, 2-1-2021]
A.
Building Permits.
1.
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 Community Development
Director 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.
1.
It shall be the duty of the Community Development Director,
after a development plan has been approved by the Board of Aldermen,
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 Community Development Director
shall make periodic reports to the Board of Aldermen and the Mayor
regarding same.
C.
Time Extension.
1.
The Board of Aldermen 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,
stage 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 Community Development Director, upon
the written request of such corporation, shall conduct an investigation,
and if the Community Development Director determines that the redevelopment
project or such phase thereof has been so completed, he shall recommend
to the Board of Aldermen 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 of
Aldermen 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.
[Ord. No. 4190, 2-1-2021]
A.
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.
[Ord. No. 4190, 2-1-2021]
A.
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 of Aldermen 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.
[Ord. No. 4190, 2-1-2021]
A.
The provisions of Chapter 353, RSMo., are hereby accepted and shall
apply to all persons and corporations operating under this Article
insofar as the same may be applicable thereto.
