Focus Area: Legal; Economy
Staff Contact: Ron Shaver; Jamie Robichaud
Subject: Ordinance regarding creation of a CID at the northeast corner of 175th Street and Lone Elm Road.
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title:
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Consideration of Ordinance No. 25-36 regarding the creation of a community improvement district and the levy of a community improvement district sales tax pursuant to K.S.A. 12-6a26 et seq. (the Lone Elm & 175th Street CID).
Body
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Summary:
On April 15, 2025, the City Council approved an annexation agreement with Commercial Reposition Partners 17, LLC (the “Developer”), regarding the annexation of approximately 146 acres at the northeast corner of 175th Street and Lone Elm Road. The annexation agreement set forth the general parameters for development of the property, including the process for the property to obtain land use approvals, infrastructure requirements, and certain financial incentives, including that the developer would submit an application for the issuance of industrial revenue bonds for eligible portions of the project, and that the developer would submit a petition for creation of a community improvement district (CID) over the retail portion of the development on the property.
On July 22, 2025, the Developer submitted, and the City received, a CID petition (Attachment A) for creation of a CID over the southwest 9 acres of the annexed property, directly adjacent to the intersection of 175th Street and Lone Elm Road. The Petition was submitted pursuant to the Kansas Community Improvement District Act (K.S.A. 12-6a26 et seq.) and the City’s CID Policy. The petition proposes the levy of a 2% CID sales tax for up to 22 years.
The general nature of the proposed project is the construction of approximately 60,000 square feet of commercial/retail space and other facilities or improvements associated with or incidental to such use generally located within and/or contiguous to any portion of the proposed CID; related soft costs of the Projects, and the City’s administrative costs in establishing and maintaining the CID, and other items collectively permitted to be financed within the CID under the Act.
The developer anticipates commencing construction of the commercial/retail space after it obtains its land use approvals and as market demand dictates.
On August 5, 2025, the City Council adopted Resolution No. 25-1068 calling and providing for the notice of the public hearing to consider creation of the CID on September 2, 2025. That public hearing was opened and closed.
The ordinance (Attachment B) would create the CID and authorize the levy of the CID sales tax within the CID beginning on April 1, 2028 or such other date as the governing body of the City sets by ordinance and continue for a period of twenty-two (22) years or such earlier date as provided in the Development Agreement. The ordinance also approves the Development Agreement with Commercial Reposition Partners 17, LLC (Attachment C), which is substantially the same agreement as other CID project development agreements recently approved by the governing body.
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Financial Impact:
Total investment in the project is anticipated to be $25,000,000, of which $5,138,845 would be eligible for reimbursement from CID proceeds per the petition.
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Action Needed:
Approve Ordinance No. 25-36 regarding the creation of a community improvement district and the levy of a community improvement district sales tax pursuant to K.S.A. 12-6a26 et seq. (the Lone Elm & 175th Street CID).
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Attachment(s):
A. CID Petition
B. CID Ordinance
C. Development Agreement