Many do not realize that the Walmart building is not owned by Walmart or the building but it is owned by a group called the "Roeland Park TMM, LLC". The City has been working with the property owners to provide the necessary economic incentives to all them to create an attractive site for future development/re-tenanting. The City has provided ideas of possible tenants it would like to see; however, ultimately the decision is the property owners on who they will rent the property to, within the limits of the CID. The following is a long list from the CID agreement which lists business that will not be permitted and specifies restrictions on the businesses for which it may be used:
- Any use which is offensive by reason of odor, fumes, dust, smoke, noise, or pollution, or which constitutes a nuisance or is hazardous by reason of fire or explosion, or injurious to the reputation of the shopping center. No oil, gasoline or flammable liquid shall be stored within the Project, except in quantities reasonably desirable and incidental to the business of an occupant within the Project and in the normal course of business.
- A gas station or car wash.
- A facility primarily used as a storage warehouse operation, mini-warehouse, or freight terminal.
- Any pawn shop, precious metals dealer, pay day lender, second hand store or flea market without the express written approval of the City Council.
- Any dumping, disposing, incineration or reduction of garbage; provided, however, this prohibition shall not be applicable to garbage compactors located near the rear of any building within the Project.
- Any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation (but this provision shall not restrict the absolute freedom of an owner of any portion within the Project to determine its own selling prices nor shall it preclude second-hand sales or the conduct of periodic seasonal sales, promotional or clearance sales, all of which are specifically permitted).
- Any central laundry, or laundromat; provided, however, this prohibition shall not be applicable to a drop-off and pickup facility, or a central laundry or laundromat that complies with CERCLA, RCRA and other Applicable Laws and Requirements (as defined herein).
- Any automobile, truck, trailer or recreational vehicle with outside sales, leasing, or display unless approved by the City or in conjunction with promotions, displays and other similar marketing activities, subject, however, to compliance with all Applicable Laws and Requirements.
- Any body shop repair operation, engine repair or vehicle repair facility for all vehicles, including motorcycles.
- Any establishment selling or exhibiting sexually oriented materials or which sells drug-related paraphernalia or which exhibits either live or by other means to any degree, nude or partially clothed dancers or wait staff (this prohibition regarding partially clothed staff shall not apply to restaurants whose annual revenues from food exceed 50% of annual gross revenues); except that this provision shall not be deemed to preclude the operation within the Project of either a nationally or regionally recognized book store, or a drug store or pharmacy, or a department within a retail store offering for sale its usual or customary inventory of books, magazines and/or related pharmaceutical materials.
- A nightclub.
NW Roe and Johnson - This property has been sold to Commerce. The City is working with them on the possibility of getting a 2nd tenant on that site.
NE Roe and Johnson - The City is working with volunteer architects and designers and talking to different development consultants. The mayor, a couple of Council members and staff are working on different methods to move forward with development of this property.
4800 Roe (Old Pool Site) - This site has much potential, but also the most challenges including caves, a steep slope and difficult access on Roe. We have met with the County and are looking at trying to adjust the boundaries of two tax increment financing (TIF) districts so developers will have a more direct path at understanding development.
Most importantly, the City has no Development Department or staff and minimal funds to work with from the budget. The Mayor, Council, a couple specialists and some volunteers and others are giving much time to advance these sites in a responsible manner.