22-8050 Aero Plains RHID(Published in the Salina Journal on June 14, 2022)
RESOLUTION NO. 22-8050
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF SALINA,
KANSAS DETERMINING THAT THE CITY IS CONSIDERING ESTABLISHING
A RURAL HOUSING INCENTIVE DISTRICT WITHIN THE CITY AND
ADOPTING A PLAN FOR THE DEVELOPMENT OF HOUSING AND PUBLIC
FACILITIES IN SUCH PROPOSED DISTRICT; ESTABLISHING THE DATE
AND TIME OF A PUBLIC HEARING ON SUCH MATTER, AND PROVIDING
FOR THE GIVING OF NOTICE OF SUCH PUBLIC HEARING (AERO PLAINS
PHASE ONE RURAL HOUSING INCENTIVE DISTRICT)
WHEREAS, the Kansas Rural Housing Incentive District Act, K.S.A. 12-5241 et seq. (the "Act")
a thorizes any city incorporated in accordance with the laws of the state of Kansas (the State) with a
p pulation of less than 60,000 to designate rural housing incentive districts within such city; and
WHEREAS, the City of Salina, Kansas (the "City") has an estimated population under 60 ,000 ,
a d therefore constitutes a city as said term is defined in the Act; and
WHEREAS, the governing body of the City (the "Governing Body") has performed a Housing
eds Analysis (Live Salina Housing Assessment and Strategic Plan) dated January 25, 2016 (the
" nalysis"), a copy of which is on file in the office of the City Clerk; and
WHEREAS, Resolution No. 22-8023 adopted by the Governing Body made certain findings
r ating to the need for financial incentives for the construction of quality housing within the City, declared
dvisable to establish a rural housing incentive district pursuant to the Act and authorized the submission
o such Resolution and the Analysis to the Kansas Department of Commerce in accordance with the Act ;
a d
WHEREAS, the Secretary of the Kansas Department of Commerce, pursuant to a letter dated
ril 12 , 2022 , authorized the City to proceed with the establishment of a rural housing incentive district
rsuant to the Act ; and
WHEREAS, the City has caused to be prepared a plan (the "Plan") for the development or
r evelopment of housing and public facilities in the proposed Aero Plains Phase One Rural Housing
entive District (the "District") in accordance with the provisions of the Act; and
WHEREAS, the Plan includes:
1. The legal description and map required by K.S.A . 12-5244(a);
2. The existing assessed valuation of the real estate in the proposed District listing the land
and improvement values separately ;
3. A list of the names and addresses of the owners of record of all real estate parcels within
the proposed District;
4 . A description of the housing and public facilities project or projects that are proposed to be
constructed or improved in the proposed District, and the location thereof;
5. A listing of the names , addresses and specific interests in real estate in the proposed District
of the developers responsible for development of the housing and public facilities in the propo sed
District;
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.. 6. The contractual assurances, if any, the Governing Body has received from such developer
or developers, guaranteeing the financial feasibility of specific housing tax incentive projects in the
proposed District;
7. A comprehensive analysis of the feasibility of providing housing tax incentives in the
proposed District as provided in the Act, which shows that the public benefits derived from such
District will exceed the costs and that the income therefrom , together with all public and private
sources of funding , will be sufficient to pay for the public improvements that may be undertaken
in the District.
WHEREAS, the Governing Body proposes to continue proceedings necessary to create a Rural
I-busing Incentive District, in accordance with the provisions of the Act, and adopt the Plan, by the calling
o a public hearing on such matters.
THERFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas as
D llows:
Section 1. Proposed Rural Housing Incentive District. The Governing Body hereby
d clares an intent to establish within the City a rural housing incentive district. The District is proposed to
b formed within the boundaries of the real estate legally described in Exhibit A attached hereto, and shown
o the map depicting the existing parcels of land attached hereto as Exhibit B. A list of the names and
a dresses of the owners of record of all real estate parcels within the proposed District and the existing
a sessed valuation of said real estate, listing the land and improvement values separately, is attached hereto
a Exhibit C.
r Section 2. Proposed Plan; Development Agreement. The Governing Body hereby further
d clares its intent to adopt the Plan in substantially the form presented to the Governing Body on this date .
111111 P copy of the Plan shall be filed in the office of the City Clerk and be available for public inspection during
n rmal business hours. A description of the housing and public facilities projects that are proposed to be
c nstructed or improved in the proposed District, and the location thereof are described in Exhibit D
a ached hereto. A summary of the contractual assurances by the developer and the comprehensive
D asibility analysis is contained in Exhibit E attached hereto.
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In addition, the City has negotiated a development agreement (the "Development Agreement")
b tween the City and Building Kansas, LLC (the "Developer"), relating to the Aero Plains Phase One Rural
I-p using Incentive District, the development thereof, and the construction and payment of improvements
r nated thereto. The Development Agreement is hereby approved in substantially the form presented to the
( Pverning Body, with such changes or modifications as may be approved by the City Manager and as may
b approved as to form by the City Attorney. Related thereto , the City has also negotiated a funding
a reement (the "Funding Agreement") between the City and the Developer, relating to the Developer
p oviding to the City an initial deposit of money to be used as a source of funds to finance costs incurred
b the City for legal, financial, planning, inspection, and other services, or for direct out-of-pocket expenses
a d other reasonable costs resulting from services rendered to the Developer to review, evaluate, process ,
a d inspect the District and its related housing and public facilities projects. The Mayor is hereby
a thorized to execute the Development Agreement and the Funding Agreement and such other documents
a may be necessary to implement the intent of this Resolution , the Development Agreement and the
F hnding Agreement, as may be approved by the City Manager and as may be approved as to form by the
C ty Attorney, by and on behalf of the City and the City Clerk is hereby authorized to attest such signature .
Section 3. Public Hearing. Notice is hereby given that a public hearing will be held by the
( pverning Body of the City to consider the establishment of the District and adoption of the Plan on June
2 , 2022 at the City Council Meeting Room within the City-County Building located at 300 W . Ash Street,
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F ::>om 107, Salina, Kansas 67401 ; the public hearing to commence at 4:00 p.m . or as soon thereafter as the
C overning Body can hear the matter. At the public hearing, the Governing Body will receive public
c mment on such matters, and may , after the conclusion of such public hearing, cons ider the findin gs
n cessary for establishment of the District and adoption of the Plan, all pursuant to the Act.
Section 4. No tice of P ubli c Hearing. The City Clerk is hereby authori zed and directed to
p ovide for notice of the public hearing by taking the following actions;
I. A certified copy of this resolution shall be delivered to :
A. The Board of County Commissioners of Saline County, Kansas ;
B. The Board of Education of Unified School District No. 305 , Saline County, Kansas
(Salina); and
C. The Planning Commission of the City of Salina, Kansas.
2 . This Resolution , specifically including Exhibits A through E attached hereto, shall be
published at least once in the official newspaper of the City not less than one week or more than
two weeks preceding the date of the public hearing.
3. This Resolution, including Exhibits A through E attached hereto , shall are available for
inspection at the office of the clerk of the City at normal business hours. Members of the public
are invited to review the plan and attend the public hearing on the date announced in this Resolution.
Section 5. F u rther Action. The Mayor, City Manager, City Clerk and the officials and
e hployees of the City, including the City Attorney and Gilmore & Bell , P.C., are hereby further authorized
"" a d directed to take such other actions as may be appropriate or desira ble to accomplish the purposes of
ti ~s Resolution . ..
Section 6. Effective Date. This Resolution shall take effect after its adoption by the
C pverning Body.
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ADOPTED by the Governing Body of the City of Salina, Kansas on this 23rd day of May, 2022.
( EAL)
6 596.20002\RESOLUTION
(Signature Page to Resolution Calling Hearing)
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EXHIBIT A
LEGAL DESCRIPTION OF PROPO SE D
AE RO P LAINS PHASE ONE
RURAL H OUSING INCENTIVE DISTR ICT
I portion of the North Halfofthe Southwest Quarter of Section 35 , Township 14 South , R ange 3 We st of
t e Si x th Principal Meridian , County of Saline, State of Kansas , being de scribed by as follow s:
( p mmencing at the center corner of said Section 35: thence N 89 °45'1 O" W along the North line of said
1 orth Half, a distance of 327 .92 feet to the intersection of said North line and the Centerline of Dry Creek,
s id point also being the poi nt of beginning; thence S 01 °56'22" E on said Ce nterline, a distance of 146.36
f et; thence S 30 °47'12" W continuing on said Centerline, a distance of 413 .69 feet; thence S 00 °56'52" W
c ~ntinuing on said Centerline ; a distance of 136.71 feet; thence S 10 °54'41" E continuing on said Centerline ,
2 ki istance of 406.12 feet ; thence S 10 °43'00" W continuing on said Centerline , a distance of 240 .29 feet to
t e intersection of said Centerline and the North line of Wheatridge Addition to the City of Salina; thence
1 89 °38'06" Won said North line , a distance of398.86 feet ; thence N 00 °19'09" E continuing on said North
1 he , a distance of 250.32 feet; thence N 89 °37'09" W continuing on said North line and it prolongat ion , a
c stance of 1718 .33 feet to the intersection of said North line 's prolongation and the West ri ght-of-way line
c the Missouri Pacific Railroad , said railroad right-of-way disclaimed by Deed Book 1232 , Pages 959-961
i the Office of the Register of Deeds of Saline County; thence N 00 °06'43" W on said west right-of-way
1 1e , a distance of 1018.85 feet to the intersection of said west right-of-way line and the North line of said
'" 1' orth half; thence S 89 °45'1 O" Eon said North line , a distance of2294.62 feet to the point of beginning .
• S 1id Tract contains 53.22 acres more or less .
1 ::igether with public rights-of-way and access easement areas adjacent thereto
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1 in c h = 600 f ee·t
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EXHIBITB
MAP OF PROPOSED
AERO PLAINS PHASE ONE
RURAL HOUSING INCENTIVE DISTRICT
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EXHIBIT C
NAMES AND ADDRESSES OF THE OWNERS OF RECORD
OF ALL REAL ESTATE PARCELS WITHIN THE PROPOSED
AERO PLAINS PHASE ONE
RURAL HOUSING INCENTIVE DISTRICT
AND THE EXISTING ASSESSED VALUATION OF SAID REAL ESTATE PARCELS
AND NAMES AND ADDRESSES OF THE DEVELOPERS
Owner of Real Property: Storage Mart LLC
P.O . Box 3213
Salina, Kansas
Developer : Building Kansas, LLC
119 West Iron, Suite 700
Salina, Kansas 67402
Existing Assessed Valuation of the District: Land -$6,687
Improvements -$0
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EXHIBITD
DESCRIPTION OF THE HOUSING AND PUBLIC FACILITIES PROJECT OR PROJECTS
THAT ARE PROPOSED TO BE CONSTRUCTED OR IMPROVED IN THE PROPOSED
AERO PLAINS PHASE ONE
RURAL HOUSING INCENTIVE DISTRICT
l ousing Facilities
[h e housing facilities consist of constructing approximately 150 townhome units (75 structures), each
l ~tween approximately 1000-1650 square feet with 2 or 3 bedrooms depending on the unit type, 2-3
l athrooms, and a two-car garage.
l ublic Facilities
l ublic facilities and public improvements will include construction oflnfrastructure Improvements located
\ ithin the boundaries of the District, and all related infrastructure, including but not limited to streets,
i: :trking, water, sanitary sewer, storm sewer, gas, and electric improvements. Infrastructure improvements
r ay be constructed prior to or concurrently with the housing facilities in the project.
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EXHIBIT£
SUMMARY OF THE CONTRACTUAL ASSURANCES BY THE DEVELOPER AND OF THE
COMPREHENSIVE FEASIBILITY ANALYSIS
1 ontractual Assurances
' he Governing Body of the City of Salina will enter into a development agreement with Building Kansas ,
l LC, the developer. This agreement, as supplemented and amended , includes the project construction
' ~hedule , a description of projects to be constructed , financial obligations of the developer and financial
< hd administrative support from the City of Salina, Kansas.
l easibility Study
, study was conducted to determine whether the public benefits derived from the District will exceed the
' bsts and that the income from the District, together with other sources of revenue provided by the
' e veloper, would be sufficient to pay for the public improvements to be undertaken in the District. The
• halysis estimates the property tax revenues that will be generated from the Development, less existing
I operty taxes to determine the revenue stream available to support the reimbursement to the Developer for
• 1 or a portion of the costs of financing the public infrastructure. The estimates indicate that the revenue
1 alized from the project would be adequate to pay the eligible costs .
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