Sponsored By: Economic Development Commission
ORDINANCE NO. 2016- 4134
BILL NO. 4197
AN ORDINANCE FINDING AND DECLARING A CERTAIN AREA IN THE CITY A
BLIGHTED AREA UNDER CHAPTER 353 OF THE REVISED STATUTES OF
MISSOURI, AS AMENDED, APPROVING THE CHAPTER 353 DEVELOPMENT
PLAN FOR THE NU- CALGON REDEVELOPMENT AREA AND AUTHORIZING THE
MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT RELATED THERETO
WHEREAS, the Urban Redevelopment Corporations Law, Chapter 353 of the Revised Statutes
of
Missouri,
as amended ("
Chapter 353")
allows
the
City
of
Maryland Heights, Missouri ( the "
City")
to
approve development plans and grant tax abatement in connection therewith; and
WHEREAS,
on
19, 2012, the
January
City
Council
of
the
City ( the " City
Council")
approved
Ordinance No. 2012- 3589 ( the " 353 Procedural Ordinance"), codified as Chapter 20, Article IV of the
Maryland Heights Municipal Code, establishing procedures for the City to declare certain portions of the
City to be " Blighted Areas," as defined in Chapter 353 and the 353 Procedural Ordinance, and approve
development plans and grants of tax abatement in connection with the redevelopment of such blighted
areas; and
WHEREAS, Nu- Calgon
property tax
abatement (
Wholesaler, Inc. (" Nu- Calgon")
the " Application")
submitted an application for real
pursuant to Chapter 353 relating to the redevelopment of
property owned or controlled by an affiliate of Nu- Calgon at the northwest corner of the intersection of
Schuetz
and
Fee Fee in the
City(
the " Redevelopment Area"); and
WHEREAS, on April 8, 2016, Nu- Building, LLC and Nu- Building Redevelopment Corporation
collectively, the " Developer"), affiliates of Nu- Calgon, submitted the Chapter 353 Development Plan
Nu- Calgon Redevelopment Area ( the " Development Plan") pursuant to Section 20- 133 of the Maryland
Heights Municipal Code; and
WHEREAS, the Development Plan envisions the demolition of the existing improvements
within the Project Area and the construction of an approximately 120, 000 square foot facility, consisting
of approximately 20, 000 square feet of two-story office/ training space and approximately 100, 000 square
feet of warehouse/ distribution space; and
WHEREAS, attached to the Development Plan is a report from PGAV Planners dated April 6,
2016, which updates the " Analysis for Designation of the Fee/ Schuetz Redevelopment Area as a Blighted
Area Under the Provisions of Chapter 353" dated October 3, 2011 previously prepared by PGAV
Planners ( collectively, the " Blighting Study"), describing certain blighting factors present in the
Redevelopment Area; and
WHEREAS, the
City' s
Economic Development Commission ( the " Commission")
reviewed the
Development Plan and, on April 12, 2016, approved a resolution ( 1) finding that the Redevelopment Area
pursuant to Chapter 353 and ( 2) recommending that the City Council
as a " blighted area"
approve the Development Plan and enter into a development agreement with Nu- Building, LLC and Nuqualifies
City of Maryland Heights
Ordinance No. 2016- 4134
Page 1
of
5
Building
Redevelopment Corporation ( collectively, the " Developer")
for the implementation of the
Development Plan; and
WHEREAS, on April 27, 2016, the City furnished each political subdivision whose boundaries
for ad valorem taxation purposes include any portion of the real property to be affected by tax abatement
in the Redevelopment Area with a written statement of the impact on ad valorem taxes such tax
abatement will have on such political subdivisions and written notice of the public hearing to be held by
the City Council in accordance with Ordinance No. 2012- 3589 and Sections 353. 060 and 353. 110 of
Chapter 353; and
WHEREAS, on May 19, 2016, the City Council held a duly noticed public hearing regarding the
approval of the Development Plan and the grant of limited tax abatement contemplated therein; and
WHEREAS, the City desires to assist in the redevelopment of the Redevelopment Area by
approving the Development Plan
Agreement") with the Developer.
and
entering
into the development
agreement (
the " Development
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MARYLAND HEIGHTS, MISSOURI, AS FOLLOWS:
Section 1.
Upon due consideration of the Blighting Study and the testimony presented at the
public hearing, it is hereby found, determined and declared that the Redevelopment Area is a " blighted
area," as defined in Chapter 353, and the findings of the Blighting Study are hereby adopted by the City
Council.
Section 2.
It is hereby determined, found and declared that approval of the Development
Plan, attached hereto as Exhibit A and incorporated herein by reference, and construction of the
redevelopment project described therein are necessary for the preservation of the public peace, property,
health, safety, morals and welfare of the community and, as such, the Development Plan is hereby
approved. Any inconsistencies with the procedures set forth in the 353 Procedural Ordinance are hereby
waived.
Section 3.
The City Council finds and determines that it is necessary and desirable to enter
into the Development Agreement to set forth the terms upon which the Development Plan, including the
granting of limited tax
Agreement shall be in
abatement
contemplated
substantially
the
form
therein,
attached
The Development
may be implemented.
hereto as Exhibit B, which Development
Agreement is hereby approved by the City Council with such changes therein as shall be approved by the
officials of the City executing the same, such officials' signatures thereon being conclusive evidence of their
approval thereof.
The Mayor of the City is hereby authorized and directed to execute the Development
Agreement on behalf of the City and the City Clerk is hereby authorized and directed to attest to the
Development Agreement and to affix seal of the City thereto
Section 4.
The officers and agents of the City are hereby authorized and directed, to take
such further action, and execute such other documents, certificates and instruments as may be necessary
or desirable to carry out and comply with the intent of this Ordinance.
City of Maryland Heights
Ordinance No. 2016- DRAFT
Page 2
of
5
Section 5.
The sections of this Ordinance shall be severable. If any section of this Ordinance
is found by a court of competent jurisdiction to be invalid, the remaining sections shall remain valid, unless
the court finds that: ( a) the valid sections are so essential to and inseparably connected with and dependent
upon the void section that it cannot be presumed that the City Council has or would have enacted the valid
sections without the void ones; and ( b) the valid sections, standing alone, are incomplete and are incapable
of being executed in accordance with the legislative intent.
Section 6.
This Ordinance shall be in full force and effect from and after its passage and
approval.
PASSED BY THE CITY COUNCIL THIS 19th DAY OF MAY 2016.
MAYNTP-RESIDING OFFICER
APPROVED BY THE MAYOR THIS
I
DAY OF MAY 2016.
qI` .
MAYOR
ATTEST:
YCYPLE
N
araC_/SPCC-
RK
cn
o
p
w
o
c
J
FFICIA- S
P
City of Maryland Heights
Ordinance No. 2016- DRAFT
Page 3
of
5
EXHIBIT A
DEVELOPMENT AGREEMENT
On file with the City Clerk)
City of Maryland Heights
Ordinance No. 2016- 4134
Page 4of5
EXHIBIT B
DEVELOPMENT AGREEMENT
On file with the City Clerk)
City of Maryland Heights
Ordinance No. 2016- DRAFT
Page 5
of
5