HomeMy Public PortalAboutORD16298BILL NO. 2022-085
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. I bzg9
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, FINDING THAT
THE AREAS DESCRIBED AS THE 611 JEFFERSON REDEVELOPMENT AREA,
320 MILLER REDEVELOPMENT AREA, AND THE 1226 ADAMS
REDEVELOPMENT AREA ARE EACH A BLIGHTED AREA AS DEFINED IN
CHAPTER 353 OF THE REVISED STATUTES OF MISSOURI, AS AMENDED
AND THAT THE REDEVELOPMENT OF SUCH AREAS IS NECESSARY AND IN
THE PUBLIC INTEREST; APPROVING DEVELOPMENT PLANS FOR SUCH
AREAS; APPROVING THE EXERCISE OF THE POWER OF EMINENT DOMAIN, -
AND PROVIDING FURTHER AUTHORITY.
WHEREAS, a development plan entitled "Development Plan — 611 Jefferson
Redevelopment Project," a copy of which is attached to and
incorporated by reference in this Ordinance as Exhibit A (the
"Development Plan"), has been prepared in accordance with the
requirements of the Urban Redevelopment Corporations Law, Chapter
353 RSMo., as amended ("Chapter 353") and has been submitted by
the Jefferson City Redevelopment Corporation (the "353 Corporation")
to the Council of the City of Jefferson (the "Council") for consideration;
and
WHEREAS, a development plan entitled "Development Plan — 320 Miller
Redevelopment Project," a copy of which is attached to and
incorporated by reference in this Ordinance as Exhibit B (the
"Development Plan"), has been prepared in accordance with the
requirements of the Urban Redevelopment Corporations Law, Chapter
353 RSMo., as amended ("Chapter 353") and has been submitted by
the Jefferson City Redevelopment Corporation (the "353 Corporation")
to the Council of the City of Jefferson (the "Council") for consideration;
and
WHEREAS, a development plan entitled "Development Plan — 1226 Adams
Redevelopment Project," a copy of which is attached to and
incorporated by reference in this Ordinance as Exhibit C (the
"Development Plan"), has been prepared in accordance with the
requirements of the Urban Redevelopment Corporations Law, Chapter
353 RSMo., as amended ("Chapter 353") and has been submitted by
the Jefferson City Redevelopment Corporation (the "353 Corporation")
to the Council of the City of Jefferson (the "Council") for consideration;
and
WHEREAS, by reason of age, obsolescence, inadequate or outmoded design or
physical deterioration, each of the Redevelopment Areas described in
the above -described Development Plans has become an economic
and social liability, and that such conditions are conducive to ill health,
the transmission of disease, crime, and/or the inability to pay
reasonable taxes; and
WHEREAS, each of the Development Plans contains an analysis of blighting
factors in each of the respective Redevelopment Areas which have
been prepared to assist the Council in determining whether the
respective Redevelopment Areas are each a "blighted area" within the
meaning of Chapter 353 (the "Blight Analyses"); and
WHEREAS, the Development Plans each describe and call for a redevelopment
project (the "Redevelopment Projects") to be undertaken by the 353
Corporation, its successors and assigns which includes the use of the
power of eminent domain to acquire real estate as provided under
Chapter 353; and
WHEREAS, in accordance with the requirements of Chapter 353, the City has held
a duly noticed public hearing on December 19, 2022 at 6:00 p.m. at
the Jefferson City Hall, 320 E. McCarty Street, Jefferson City, MO
65101, (the "Public Hearing") for the stimulation of comment
concerning the Development Plans, the Blight Analyses, the
Redevelopment Projects, and the proposed exercise of the power of
eminent domain; and
WHEREAS, following the closure of the Public Hearing and upon consideration of
the testimony presented, the Council has determined that it is
necessary and in the interest of the public health, safety, morals, and
general welfare of the people of the City that the Council take the
appropriate official action respecting the findings and determinations
set forth in the Blight Analyses and the approval of the Development
Plans, the Redevelopment Projects, and the proposed exercise of the
power of eminent domain.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI AS FOLLOWS:
Section 1. Upon due consideration of the Blight Analysis and the testimony
presented at the Public Hearing, it is hereby found, determined, and declared that
the 611 Jefferson Redevelopment Area constitutes a "blighted area" as that term is
used and defined in Chapter 353. Furthermore, the Blight Analysis stands as
substantial evidence that supports a determination that the 611 Jefferson
Redevelopment Area is area is blighted, substandard, or unsanitary.
Section 2. It is hereby further found, determined, and declared that the
redevelopment of the 611 Jefferson Redevelopment Area and the implementation
of the Redevelopment Project as provided in the Development Plan and pursuant to
Chapter 353 is necessary and in the interest of the public health, safety, morals,
and general welfare of the people of the City.
Section 3. The Development Plan, in substantially the form of Exhibit A,
having been duly reviewed and considered, is hereby approved.
Section 4. The exercise of the power of the of eminent domain is hereby
authorized to acquire real estate within the 611 Jefferson Redevelopment Area in
order to carry out the Redevelopment Project, provided that this authorization shall
expire five (5) years after the effective date of this ordinance.
Section 5. Upon due consideration of the Blight Analysis and the testimony
presented at the Public Hearing, it is hereby found, determined, and declared that
the 320 Miller Redevelopment Area constitutes a "blighted area" as that term is
used and defined in Chapter 353. Furthermore, the Blight Analysis stands as
substantial evidence that supports a determination that the 320 Miller
Redevelopment Area is area is blighted, substandard, or unsanitary.
Section 6. It is hereby further found, determined, and declared that the
redevelopment of the 320 Miller Redevelopment Area and the implementation of the
Redevelopment Project as provided in the Development Plan and pursuant to
Chapter 353 is necessary and in the interest of the public health, safety, morals,
and general welfare of the people of the City.
Section 7. The Development Plan, in substantially the form of Exhibit B,
having been duly reviewed and considered, is hereby approved.
Section 8. The exercise of the power of the of eminent domain is hereby
authorized to acquire real estate within the 320 Miller Redevelopment Area in order
to carry out the Redevelopment Project, provided that this authorization shall expire
five (5) years after the effective date of this ordinance.
Section 9. Upon due consideration of the Blight Analysis and the testimony
presented at the Public Hearing, it is hereby found, determined, and declared that
the 1226 Adams Redevelopment Area constitutes a "blighted area" as that term is
used and defined in Chapter 353. Furthermore, the Blight Analysis stands as
substantial evidence that supports a determination that the 1226 Adams
Redevelopment Area is area is blighted, substandard, or unsanitary.
Section 10. It is hereby further found, determined, and declared that the
redevelopment of the 1226 Adams Redevelopment Area and the implementation of
the Redevelopment Project as provided in the Development Plan and pursuant to
Chapter 353 is necessary and in the interest of the public health, safety, morals,
and general welfare of the people of the City.
Section 11. The Development Plan, in substantially the form of Exhibit C,
having been duly reviewed and considered, is hereby approved.
Section 12. The exercise of the power of the of eminent domain is hereby
authorized to acquire real estate within the 1226 Adams Redevelopment Area in
order to carry out the Redevelopment Project, provided that this authorization shall
expire five (5) years after the effective date of this ordinance.
Section 13. The Mayor, City Administrator, City Finance Director, City
Attorney, and City Clerk are hereby each further authorized to take any and all
actions as may be deemed necessary or convenient to carry out and comply with
the intent of this Ordinance and with the implementation of the Development Plan
and the Redevelopment Project, and to execute and deliver for and on behalf of the
City all certificates, instruments, agreements, or other documents as may be
necessary, desirable, convenient, or proper to carry out the matters herein
authorized.
Section 14. The portions of this Ordinance shall be severable. In the event
that any portion of this Ordinance is found by a court of competent jurisdiction to be
invalid, the remaining portions of this Ordinance are valid, unless the court finds the
valid portions of this Ordinance are so essential and inseparably connected with
and dependent upon the void portions that it cannot be presumed that the Council
would have enacted the valid portions without the invalid ones, or unless the court
finds that the valid portions standing alone are incomplete and are incapable of
being executed in accordance with the legislative intent.
Section 15. This ordinance shall be in full force and effect from and after its
passage and approval.
Passed:IM . 11, ��a-' Approved: t 7--%x O (zz—
ATTEST:
Mayor - o T !r Ron rHZmJa44✓
APPROVED AS TO FORM:
City �Atto ney
EXHIBIT
Development Plan
611 Jefferson Redevelopment Project
Jefferson City, Missouri
Prepared for
The City Council of the City of Jefferson City, Missouri
on behalf of
Jefferson Redevelopment Corporation
December 5, 2022
Development Plan
611 Jefferson Redevelopment Project
City of Jefferson City, Missouri
Jefferson Redevelopment Corporation
Introduction
This Development Plan (this "Plan") sets forth a program of redevelopment intended to
eliminate or mitigate certain factors which cause an property commonly described as 611
Jefferson St. in Jefferson City, Missouri, and described in Exhibit A and depicted on
Exhibit B, both attached to and incorporated in this Plan by reference (the
"Redevelopment Area"), to constitute a "blighted area," as that term is used and defined
in the Urban Redevelopment Corporations Law, Chapter 353 of the Revised Statutes of
Missouri, as amended ("Chapter 353"). A study entitled "Study of Blighting Factors within
Redevelopment Area" chronicling conditions of blight in the Redevelopment Area (the
"Blight Analysis") has been performed and has concluded that evidence of physical,
social and economic conditions of blight exist in the Redevelopment Area. A copy of the
Blight Analysis is attached as Exhibit C and is incorporated in this Plan by reference and
sets forth the factors which support this determination.
The Redevelopment Area encompasses a single property commonly described as 611
Jefferson St. in Jefferson City. The lot at issue is currently owned by Barbara Buescher
(the "Property Owner"). The property is located in a mixed -use area of the City making
it ideal for residential or commercial uses, or a combination thereof. The single building
has been declared to be a "dangerous building" under the City Code. The costs of
removal or rehabilitation of the structure on the property within the Redevelopment Area
and existing tax liens held by both the City and County make the property undevelopable
despite its locational advantages. To address the blighting factors present in the
Redevelopment Area the Jefferson City Redevelopment Corporation (the "353
Corporation") has determined that commercial or residential uses be sought and has
proposed this Plan, prepared in accordance with Chapter 353, and procedural ordinances
of the City governing consideration of redevelopment proposals, which calls for the
acquisition of real property and the potential grant of limited real property tax abatement
to induce redevelopment and preservation of the Redevelopment Area.
Chapter 353 Provisions and Requirements
Chapter 353 as a redevelopment tool is available to all Missouri cities regardless of size.
Chapter 353 encourages redevelopment by providing for real property tax abatement for
properties within designated redevelopment areas. Under Chapter 353, real property
acquired by an Urban Redevelopment Corporation (as that term is used in Chapter 353)
and used in accordance with an approved redevelopment plan may receive tax relief in
the form of partial real property tax abatement for a period of up to twenty-five years.
Taxation of personal property remains unaffected.
Before authorizing a redevelopment project, and granting property tax abatement, the
governing body of a city must schedule and hold a public hearing, notify affected taxing
districts in writing, and provide to the taxing districts a written statement identifying the
estimated impact of the proposed property tax abatement. Following the public hearing,
the city may approve the project and the tax abatement by ordinance. The ordinance
must set the time for acquisition of property by the Urban Redevelopment Corporation
and for expiration of the development rights granted.
Redevelopment Objectives
The principal objectives of this Plan are the reduction or elimination of blighted conditions
within the Redevelopment Area and the improvement of the site to encourage
redevelopment, which will in turn result in productive use and an enhanced capacity to
pay reasonable taxes. The dangerous conditions of the existing structure on the property
within the Redevelopment Area creates a higher cost of doing business on the property
and renders the lot potentially economically unviable.
The continued existence of the blighted conditions has and will have a negative economic
impact on the rest of the Southside/Old Munichburg area. Dangerous, unoccupied
buildings have the tendency to reduce property values for an entire neighborhood, thus
magnifying the property tax loss for the entire surrounding area. Therefore, this plan is
designed to make redevelopment of Redevelopment Area viable.
Description of the Redevelopment Project
A. Redevelopment Project Activities
The Redevelopment Project envisions the rehabilitation of the structure at 611 Jefferson
St. to be paid for by private funding. The main initial activity under this Redevelopment
is the acquisition the real estate in the Redevelopment Area. After acquiring all necessary
real estate in the area, the City and 353 Corporation will undergo a competitive RFP
process in which the real estate will be conveyed to a private developer who, in the
opinion of the City and 353 Corporation, have proposed the plan for redevelopment of the
Redevelopment Area that will best serve the health, safety, and general welfare of the
City and the Redevelopment Area and are best qualified to execute the proposed
redevelopment project. The selected developer will then carry out its redevelopment
project(s) under an appropriate Redevelopment Agreement and may or may not utilize
tax abatement incentives available under Chapter 353.
Necessary redevelopment activities will be unlikely to occur without the authorities and/or
incentives described in this Plan.
The use of eminent domain will be necessary under this Plan. A request for the City to
exercise eminent domain on behalf of the 353 Corporation is hereby made to acquire the
property at 611 Jefferson St.
This Plan shall constitute a "Master Plan for the purposes" of § 353.170 RSMo.
K
B. Relocation Plan
The Council of the City of Jefferson City (the "City Council") by ordinance has established
a relocation policy for projects undertaken pursuant to Chapter 353 and other
redevelopment statutes (the "Relocation Policy"), all in accordance with requirements of
Sections 523.200 et seq. of the Revised Statutes of Missouri, as amended. This Plan
incorporates the Relocation Policy as the relocation plan for the Redevelopment Project.
This Plan as proposed does not require relocation activities.
C. Redevelopment Terms and Proposed Limitations on Tax Abatement
Chapter 353 allows for grants of real property tax abatement for a total maximum period
of twenty-five years. Chapter 353 allows for a grant of abatement of up to 100% of new
taxes on real property only within the Redevelopment Area for a period of ten (10) years
followed by an abatement of up to 100% of all real property taxes for the following fifteen
years. Throughout this twenty-five year period and thereafter, all affected taxing districts
would continue to receive personal property taxes on existing and new equipment and
personalty.
Whether any tax abatement will be granted to any particular developer for any particular
redevelopment will be determined by the City and 353 Corporation in accordance with §
353.110 RSMo. and memorialized in applicable and appropriate Redevelopment
Agreements.
Land Use Plan
The Redevelopment Area lies within the City's "C-2" zoning district classification. The
City's Zoning Code § 35-26(A)(1) provides:
"[t]he C-2 District implements the commercial development plan land use category.
The C-2 District is intended to accommodate general trades and commercial
services not permitted in central and neighborhood commercial districts located at
select nodes, intersections and highway interchanges to serve the motoring public
and highway users. Buffering, landscaping and open space areas are required to
mitigate impacts of the more intensive land uses and traffic activities as well as
provide adequate access and traffic improvements. Note: The C-2 General
Commercial district is primarily intended to be a commercial and retail zoning
district. Due to the nature of these uses and the attendant traffic and noise, persons
inhabiting residential uses in non-residential buildings, as defined in article IX,
should not expect to find the quiet and low level of ambient noise normally found
in residential districts."
Depending on the particular redevelopment project selected by the City and 353
Corporation at the conclusion of the competitive RFP process, zoning approvals or any
other land use approvals may be needed for implementation.
9
Duration of Plan
This Plan and all development rights hereunder shall expire at the end of the last term of
granted tax abatement that begins when the 353 Corporation conveys a parcel of real
property within the Redevelopment Project Area to a private developer under a
Development Agreement
Plan Amendments
This Plan may be amended from time to time by the City Council by ordinance. Any such
amendment that substantially departs from the terms of any redevelopment agreement
between the City and a selected redeveloper shall additionally require approval by any
affected developer or sub -developer.
151
Exhibit A
Common Description of Redevelopment Area
The Redevelopment Area consists of the following parcels of real estate, plus all adjacent
public rights -of -way.
Address
I Parcel ID Number
611 Jefferson Street
11-03-07-0004-026-005
Exhibit B
Map of Redevelopment Area
Aerial Overview
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EXHIBIT C
Study of Blighting Factors within Redevelopment Area
611 Jefferson Redevelopment Area
In accordance with the Urban Redevelopment Corporations Law, Chapter 353 of the
Revised Statutes of Missouri, as amended ("Chapter 353"), this study of blighting factors
has been prepared to assist the City Council of the City of Jefferson City (the "City Council")
in determining whether a certain area located within the City of Jefferson City (the "City") is
a "blighted area," as that term is used and defined in Chapter 353. This analysis was
conducted in the fourth quarter of calendar year 2022. The area under study contains a
single lot commonly described as 611 Jefferson as depicted on Exhibit B attached to that
certain development plan entitled "Development Plan 611 Jefferson Redevelopment
Project, Jefferson City Missouri" dated December 5, 2022 (the "Redevelopment Plan"),
incorporated by reference in this analysis (collectively, the "Redevelopment Area"). The
Redevelopment Area consists of the single of real property, plus surrounding rights -of -
way. At the time of this study, the Redevelopment Area was zoned "C-2 Commercial."
Chapter 353 requires as a prerequisite to the undertaking of proposed redevelopment
activities, including the granting of real property tax abatement, that the City Council make
a determination that the Redevelopment Area is a "blighted area," as that term is used
and defined in Chapter 353. A "blighted area" is defined by Chapter 353 to mean:
"That portion of the city within which the legislative authority of such city
determines that by reason of age, obsolescence, inadequate or outmoded
design or physical deterioration 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. (Missouri Revised
Statutes, as amended §353.020(2)).
The determination of statutory "blight" need not encompass the entire Redevelopment
Area. Rather, Chapter 353 expressly provides that "any such area may include buildings
and improvements not in themselves blighted, and any real property, whether improved
or unimproved, the inclusion of which is deemed necessary for the effective clearance,
re -planning, reconstruction, rehabilitation of the area of which such buildings,
improvements, or real property form a part." Based on the analysis detailed below, the
City Council has a sufficient factual basis to support a determination that the
Redevelopment Area is indeed a "blighted area" under Chapter 353.
The following factors demonstrate that the Redevelopment Area is a "blighted area" as
that term is defined and used in Chapter 353.
Background
611 Jefferson is located in the Southside/Old Munichburg area of Jefferson City. This
neighborhood is home to an eclectic mix of residential, storefront commercial, office and
industrial use. The neighborhood also hosts the City annual Oktoberfest and a regular
seasonal farmers market. While the neighborhood as seen some revitalization and
positive investment in public infrastructure and in private structures generally
7
corresponding with the establishment of the Southside Community Improvement District
and other redevelopment tools like tax increment financing, 611 Jefferson did not
participate in such revitalization and has experienced significant deterioration over the
past decade.
Blight Factors Present Within the Redevelopment Area
Physical Deterioration: The main problem afflicting the Redevelopment Area is that the
improvements constructed within the Redevelopment Area suffer from significant physical
deterioration.
The single structure within the Redevelopment Area has been declared to be a
Dangerous Building and has been ordered to be vacated and remain unoccupied until
demolition or repair of the Dangerous Building as been completed. Specifically, the
structure was declared dangerous and ordered to be demolished or repaired on January
17, 2022. The City's dangerous building packet for 611 Jefferson St. is attached
hereto as Attachment 1.
Subsequent to the City's dangerous building declaration, the structure at 611 Jefferson
St. continues to harm the surrounding neighborhood, as the structure's front patio
provided an attractive nuisance where the partially enclosed patio was being used as a
restroom facility for segments of the of population experiencing homelessness in the area.
This led to noxious odors affecting surrounding properties. This in turned City staff to
further expend public resources by further securing the structure by framing and fully
enclosing the patio area.
The Redevelopment Area, in its current state and, remain unusable and will not attract
development thus remaining an economic liability, incapable of paying reasonable taxes.
Additionally, the Redevelopment Area, in its current state, constitutes a social liability
conducive to ill health, transmission of disease, and a threat to public safety. Conversely,
redevelopment of this area will advantage neighboring parcels, thus assisting the City's
overall goals in economic development and public safety.
Obsolescence and Economic Underutilization: Currently, the entire Redevelopment Area
is underutilized; hosting a vacated structure which has been ordered to remain
unoccupied because the structure is too dangerous and harmful to support any type of
use or occupation whatsoever. This results in an economic liability, incapable of paying
reasonable taxes. For example, according to realtor.com, the median list price of
residential properties in Jefferson City in December 2021 was $195,500. This value
would typically generate combined real property taxes of $2,211.96 per annum. However,
the 2021 real property taxes generated by 611 Jefferson assessed as a commercial
building was $1,775.09.
The Redevelopment Area's underutilization is directly tied to the above -discussed
blighting factors, including significant deterioration of improvements necessary for safe
and effective operation of commercial and residential uses.
The Redevelopment Area enjoys several advantages for commercial and residential
uses. Discussed above, the neighborhood is a center for community and cultural events
rn
and provides an opportunity for a variety of uses. Furthermore, the Redevelopment Area
is mere blocks in from the Missouri State Capitol and several State Office Buildings.
City officials have realized the advantages that a location near downtown Jefferson City
can provide and have developed land use policies to promote and support effective
development of commercial and residential uses. The Redevelopment Area sits within a
City -center area zoned for a wide -variety of uses, whether those be retail, restaurant, bars
and nightlife, governmental, institutional, financial services, professional and/or office
uses. However, the blighted conditions in the Redevelopment Area have resulted in
underutilization of the Redevelopment Area, frustrating the City's land use policies and
goals.
The Redevelopment Area, in its current state and design, will remain underutilized.
Continued underutilization of the Redevelopment Area would deprive the City of
reasonable taxes and is inconsistent with the City's land use policies, frustrates the City's
economic development and land use objectives, and interferes with intended
development for the City's and the public's welfare.
Summary of Findinas and Conclusions
The following summarizes the findings of this Analysis:
1. The Redevelopment Area is presently characterized by economic underutilization.
Continued underutilization and attendant limitations on private investment commensurate
with the land use classification and development potential of the Redevelopment Area
constitute an economic liabilitv and are conducive to the inabilitv of the Redevelopment
Area to oav reasonable taxes.
2. The continued underutilization of the Redevelopment Area, as well as the
deteriorating condition of internal improvements, falls short of the intended impacts of
City's land use policies and frustrates the City's economic development objectives for
City -center commercial development.
3. The deterioration of Redevelopment Area's existing building is a social liabil
presenting threats to the public health, safety, and welfare.
Conclusion: This analysis demonstrates that portions of the Redevelopment Area
exhibit conditions that meet statutory and common law tests supporting a determination
by the City Council that the Redevelopment Area on the whole constitutes a "blighted
area" so that the clearance, replanning, reconstruction or rehabilitation of the
Redevelopment Area is necessary to effectuate the purposes of Chapter 353, as
amended.
9
Attachment 1
City of Jefferson
Department of Planning & Protective Services
320 E. McCarty Street
Jefferson City, MO 65101
January 11, 2017
Barbara Buescher
407 E Capitol Ave
Jefferson City, MO 65101
RE: 611 & 613 Jefferson St.
Parcel ID # 1103070004026005
Carrie Tergin, Mayor
Janice McMillan, AlCP, Director
Phone: 573-634-6410
Fax: 573-634-6457
Certified Notice
7015 3010 0000 8168 7854
DECLARATION AND NOTICE OF PUBLIC NUISANCE
AND ORDER TO ABATE
According to the records of the recorder of deeds and the Assessor's Office of Cole County,
Missouri you are owner of the property located at 611 & 613 Jefferson St., Jefferson City,
Missouri, hereinafter referred to as the "property'. Attached to this letter please find Exhibit A,
Assessor's Records, verifying said ownership.
This notice is provided to you pursuant to sections 21-1 through 21-9 of the Code of City of
Jefferson. All references to section number are from the Code of City of Jefferson.
Pursuant to Section 21-6a (Statement of Nuisance), you are hereby notified that the property
has upon it conditions which are in violation of the Property Maintenance Code. Properties
which violate the Property Maintenance code are nuisances pursuant to section 21-1. This
property is hereby declared a nuisance.
The specific code sections of the Property Maintenance Code which have been violated are
identified on Exhibit B, Column A. Exhibit B identified as "Statement of Nuisances
Enumerated" is attached herewith.
The specific conditions which violate the Property Maintenance Code are identified on the
attached Exhibit B Column B.
Pursuant to Section 21-6b (Corrective Action) you are hereby notified that the corrective
action necessary to abate the nuisances identified above are found on Exhibit B, Column C.
Pursuant to Section 21-6c (Correction Order) you are hereby directed to take action to abate
the nuisance and proceed continuously without unnecessary delay. Abatement must be
commenced and completed within the time frames found on Exhibit B, Column D.
Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or
alternative formats as required under the Americans with Disabilities Act. Please allow three business
days to process the request.
Pursuant to Section 21-6c(Statement of Abatement) you are hereby notified that if the
nuisance is not abated as directed and no request for hearing is made within the prescribed
time, the City will abate such nuisance and assess the costs thereof against you as outlined in
Sections 21-8 and 21-9. You are notified that the City may proceed against you for some or all
of any violation which is not corrected within the prescribed times.
Pursuant to Section 21-6d (Order to Proceed without delay) you are hereby directed to
begin abatement of the nuisance immediately, proceed continuously without unnecessary delay,
and complete abatement within the time frame specified in Exhibit B, Column D.
Pursuant to Section 21-7 (Service of Notice) this notice is being delivered to you by posting
on the property, certified mail, first class mail and personal delivery, should you be willing to
accept it.
Pursuant to Section 21-8 (Right to Appeal) any owner or person receiving this notice has the
right to request a hearing to appeal this declaration of nuisance. The request must be in writing
and must be received by the Director of Planning & Protective Services of the City of Jefferson
within 10 days of the date of the Notice. The Director may at his sole discretion, extend the time
for filing the Request. The request for a hearing shall be on a form promulgated by the Director
or shall be in writing and contain at least the name of the person requesting the notice, their
mailing address, their phone number (if any), a statement that they request a hearing on the
determination of a nuisance and the location of the nuisance.
The procedure for any hearing requested pursuant to Section 21-8 is provided in section 21-9.
Also attached please find Exhibit D Site Photos. Please note that Exhibit B, Column E,
identifies a number that correlates to the photographs found in Exhibit D. Those photographs
are included to assist in identifying the code violation.
Please note that for consistency and continuity at any potential hearing, we have not identified
any attachment as exhibit C (which is held in reserve to identify this letter). Please review the
enclosed materials carefully and contact the City of Jefferson with any questions you may have.
You may contact, Dave Helmick, Housing/Property Inspector, 573-634-6410 to set up a meeting
to discuss the notice of violation and the time table for corrective action.
Thank you in advance for your cooperation,
Sincerely,
Dave Helmick, Housing/Property Inspector
Enclosures: Exhibits A, B, D
CC: Jayme Abbott — Neighborhood Services Manager
Bryan Woiford — Associate City Counselor
Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or
alternative formats as required under the Americans with Disabilities Act. Please allow three business
days to process the request.
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Exhibit A
MidMoGI , MO
1103070004026005
Parcel ID
Owner Name
BUESCHERr BARBARA J
Mailing Address
429 E CAPITOL AVE
City State ZIP
J EFFERSON CITY, MO ismm
Property Address
611 3afferson St
SubdnnsEQn
CITY OF JEFFERSON INLOT
Subdivision Image CITY OF ]EFFERSON INLOT
Property Description N 45' OF W 89.3er OF iNLOT 815 Property Values (Land)
Book -Page Date 331-905 10/23/1991
Book -Page Date 263-802 112/1981
Book -Page Date
Sec/Twr/Rng 7/44/11
Square Feet (Above Grade) 0
Basement Type
Finished Bsmnt. Size (Sq. Ft.)
Year Built 0
Date Certified 1/112016
Comm: $5r000
Ag: $8
Res: $ 5,000
Comm: $45r000
Property Values (Improv.) Ag: $0
Res; $58r800
Appraised Valve $113,8Od
Disclaimer. Map and parcel data are believed to- be accurate, but accuracy rs not guaranteed. This is rant a Map Scale
legal document and should not be substituted for a title search,apprarsa�, survey, or For zoning ver0ca#ion- 1 inc-h = 81 feet
1/11/2017
http://www.midmogis.org/colesi/WebForms/Print.aspx?img=http://www.midmogis.org/arc... 1 / 11 /2017
Statement of Nuisances Enumerated
1/11/2017 611 & 613 Jefferson St
Residential Un-Occupied
A B C D E
*k -?!'Code Section Description of Defects Correctives Required 0 :: ° d
E o M O J?
0 t E
Z
602.1 Facilities Required 602.2 There is not function heat on site and Supply heat to all occupied units. Clean and 22-Jan-17 1
Residential 603.1 mechanical appliances are in poor sanitize all appliances once working.
Mechanical condition and un sanitary.
402.3 Other Spaces light Many faulty outlets and light fixtures. Using licensed electrician repair all electrical 22-Jan-17 2
605.1 Installation Smoke dectors do not function. issues and service. Replace all non functioning
605.3 Luminaires smoke detectors.
704.1 Fire Protection systems
501.2 Plumbing Responsibility There is no hot water and plumbing
504.1 General Plumbing fixtires are in an unsanitary state.
305.3 Interior surfaces There are broken windows, water
304.3 Windows, skylight, doors damage, rotting food and general
unsanitary conditions.
304.1.1 Unsafe Conditions There are many areas of roof, soffit,
304.7 Roofs and Drainage fascia, and gutters which are failing
and pose a safety issue. There is also
an accumulation of litter.
8
Replace all faulty and unsanitary plumbing 22-Jan-17 3
fixtures and facilities. Water heater needs to be
replaced also
In a legal manner remove the accumulation of 22-Jan-17 4
trash, clean and sanitize all surfaces. Repair or
replace all damaged windows and water
damaged areas.
Repair all exterior violations and remove the 13-Feb-17 5
accumulation of litter and debris.
The property is ordered vacated until all life
safety issues are repaired. Heat, water, sanitary
conditions. Property is to be vacated by 1/22/17
if violations have not been corrected and
reinspected.
Exhibit B
F G
611/613 Jefferson St Exhibit D
602.1 Facilities required. Heating facilities shall be provided
in structures as required by this section.
602.2 Residential occupancies. Dwellings shall be provided
with heating facilities capable of maintaining a room temperature
of 68°F (20°C) in all habitable rooms, bathrooms and toilet
rooms based on the winter outdoor design temperature for the
locality indicated in Appendix D of the International Plumbing
Code. Cooking appliances shall not be used to provide space
heating to meet the requirements of this section.
603.1 Mechanical appliances. All mechanical appliances,
fireplaces, solid fuel -burning appliances, cooking appliances
and water heating appliances shall be properly installed and
maintained in a safe working condition, and shall be capable of
performing the intended function.
611/613 Jefferson St Exhibit D
F�
402.3 Other spaces. All other spaces shall be provided with
natural or artificial light sufficient to permit the maintenance of
sanitary conditions, and the safe occupancy of the space and
utilization of the appliances, equipment and fixtures.
605.1 Installation. All electrical equipment, wiring and appliances
shall be properly installed and maintained in a safe and
approved manner.
605.3 Luminaires. Every public hall, interior stairway, toilet
room, kitchen, bathroom, laundry room, boiler room and furnace
room shall contain at least one electric luminaire.
2
611/613 Jefferson St Exhibit D
r..
501.2 Responsibility. The ownerof the structure shall provide
and maintain such plumbing facilities and plumbing fixtures in
compliance with these requirements. A person shall not occupy
as owner -occupant or permit another person to occupy any
structure or premises which does not comply with the requirements
of this chapter.
504.1 General. All plumbing fixtures shall be properly
installed and maintained in working order, and shall be kept
free from obstructions, leaks and defects and be capable of performing
the function for which such plumbing fixtures are
designed. All plumbing fixtures shall be maintained in a safe,
sanitary and functional condition.
3
611/613 Jefferson St Exhibit D
1.11.2017 11:45
305.3 Interior surfaces. All interior surfaces, including windows
and doors, shall be maintained in good, clean and sanitary
condition. Peeling, chipping, flaking or abraded paint shall be
repaired, removed or covered. Cracked or loose plaster,
decayed wood and other defective surface conditions shall be
corrected.
304.13 Window, skylight and door frames. Every window,
skylight, door and frame shall be kept in sound condition, good
repair and weather tight.
304.13.1 Glazing. All glazing materials shall be maintained
free from cracks and holes.
611/613 Jefferson St Exhibit D
J
r
304.1.1 Unsafe conditions. The following conditions shall
be determined as unsafe and shall be repaired or replaced to
comply with the International Building Code or the International
Existing Building Code as required for existing
buildings:
8. Roofing or roofing components that have defects
that admit rain, roof surfaces with inadequate drainage,
or any portion of the roof framing that is not in
good repair with signs of deterioration, fatigue or
without proper anchorage and incapable of supporting
all nominal loads and resisting all load effects;
304.7 Roofs and drainage. The roof and flashing shall be
sound, tight and not have defects that admit rain. Roof drainage
shall be adequate to prevent dampness or deterioration in the
walls or interior portion of the structure. Roof drains, gutters
and downspouts shall be maintained in good repair and free
from obstructions. Roof water shall not be discharged in a manner
that creates a public nuisance.
EXHIBIT B
Development Plan
320 Miller Redevelopment Project
Jefferson City, Missouri
Prepared for
The City Council of the City of Jefferson City, Missouri
on behalf of
Jefferson Redevelopment Corporation
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k
December 5, 2022
Development Plan
320 Miller Redevelopment Project
City of Jefferson City, Missouri
Jefferson Redevelopment Corporation
Introduction
This Development Plan (this "Plan") sets forth a program of redevelopment intended to
eliminate or mitigate certain factors which cause an property commonly described as 320
Miller St. in Jefferson City, Missouri, and described in Exhibit A and depicted on Exhibit
B, both attached to and incorporated in this Plan by reference (the "Redevelopment
Area"), to constitute a "blighted area," as that term is used and defined in the Urban
Redevelopment Corporations Law, Chapter 353 of the Revised Statutes of Missouri, as
amended ("Chapter 353"). A study entitled "Study of Blighting Factors within
Redevelopment Area" chronicling conditions of blight in the Redevelopment Area (the
"Blight Analysis") has been performed and has concluded that evidence of physical,
social and economic conditions of blight exist in the Redevelopment Area. A copy of the
Blight Analysis is attached as Exhibit C and is incorporated in this Plan by reference and
sets forth the factors which support this determination.
The Redevelopment Area encompasses a single property commonly described as 320
Miller St. in Jefferson City. The lot at issue is currently owned by Barbara Buescher (the
"Property Owner"). The property is located in a mixed -use area of the City making it ideal
for residential or commercial uses, or a combination thereof. The single building that
formerly occupied the site was been declared to be a "dangerous building" under the City
Code and subsequently demolished under the Code. The existing tax liens held by both
the City and County make the property undevelopable despite its locational advantages.
To address the blighting factors present in the Redevelopment Area the Jefferson City
Redevelopment Corporation (the "353 Corporation") has determined that commercial or
residential uses be sought and has proposed this Plan, prepared in accordance with
Chapter 353, and procedural ordinances of the City governing consideration of
redevelopment proposals, which calls for the acquisition of real property and the potential
grant of limited real property tax abatement to induce redevelopment and preservation of
the Redevelopment Area.
Chapter 353 Provisions and Requirements
Chapter 353 as a redevelopment tool is available to all Missouri cities regardless of size.
Chapter 353 encourages redevelopment by providing for real property tax abatement for
properties within designated redevelopment areas. Under Chapter 353, real property
acquired by an Urban Redevelopment Corporation (as that term is used in Chapter 353)
and used in accordance with an approved redevelopment plan may receive tax relief in
the form of partial real property tax abatement for a period of up to twenty-five years.
Taxation of personal property remains unaffected.
Before authorizing a redevelopment project, and granting property tax abatement, the
governing body of a city must schedule and hold a public hearing, notify affected taxing
districts in writing, and provide to the taxing districts a written statement identifying the
estimated impact of the proposed property tax abatement. Following the public hearing,
the city may approve the project and the tax abatement by ordinance. The ordinance
must set the time for acquisition of property by the Urban Redevelopment Corporation
and for expiration of the development rights granted.
Redevelopment Objectives
The principal objectives of this Plan are the reduction or elimination of blighted conditions
within the Redevelopment Area and the improvement of the site to encourage
redevelopment, which will in turn result in productive use and an enhanced capacity to
pay reasonable taxes. The dangerous conditions of the existing structure on the property
within the Redevelopment Area creates a higher cost of doing business on the property
and renders the lot potentially economically unviable.
The continued existence of the blighted conditions has and will have a negative economic
impact on the rest of the neighborhood. Vacant, unmaintained lots have the tendency to
reduce property values for an entire neighborhood, thus magnifying the property tax loss
for the entire surrounding area. Therefore, this plan is designed to make redevelopment
of Redevelopment Area viable.
Description of the Redevelopment Project
A. Redevelopment Project Activities
The Redevelopment Project envisions redevelopment of 320 Miller St. to be paid for by
private funding. The main initial activity under this Redevelopment is the acquisition the
real estate in the Redevelopment Area. After acquiring all necessary real estate in the
area, the City and 353 Corporation will undergo a competitive process in which the real
estate will be conveyed to a private developer who, in the opinion of the City and 353
Corporation, have proposed the plan for redevelopment of the Redevelopment Area that
will best serve the health, safety, and general welfare of the City and the Redevelopment
Area and are best qualified to execute the proposed redevelopment project. The selected
developer will then carry out its redevelopment project(s) under an appropriate
Redevelopment Agreement and may or may not utilize tax abatement incentives available
under Chapter 353.
Necessary redevelopment activities will be unlikely to occur without the authorities and/or
incentives described in this Plan.
The use of eminent domain will be necessary under this Plan. A request for the City to
exercise eminent domain on behalf of the 353 Corporation is hereby made to acquire the
property at 320 Miller St.
This Plan shall constitute a "Master Plan for the purposes" of § 353.170 RSMo.
K
B. Relocation Plan
The Council of the City of Jefferson City (the "City Council") by ordinance has established
a relocation policy for projects undertaken pursuant to Chapter 353 and other
redevelopment statutes (the "Relocation Policy"), all in accordance with requirements of
Sections 523.200 et seq. of the Revised Statutes of Missouri, as amended. This Plan
incorporates the Relocation Policy as the relocation plan for the Redevelopment Project.
This Plan as proposed does not require relocation activities.
C. Redevelopment Terms and Proposed Limitations on Tax Abatement
Chapter 353 allows for grants of real property tax abatement for a total maximum period
of twenty-five years. Chapter 353 allows for a grant of abatement of up to 100% of new
taxes on real property only within the Redevelopment Area for a period of ten (10) years
followed by an abatement of up to 100% of all real property taxes for the following fifteen
years. Throughout this twenty-five year period and thereafter, all affected taxing districts
would continue to receive personal property taxes on existing and new equipment and
personalty.
Whether any tax abatement will be granted to any particular developer for any particular
redevelopment will be determined by the City and 353 Corporation in accordance with §
353.110 RSMo. and memorialized in applicable and appropriate Redevelopment
Agreements.
Land Use Plan
The Redevelopment Area lies within the City's "C-1" zoning district classification. The
City's Zoning Code § 35-26(A)(1) provides:
"The C-1 District implements the commercial development plan land use category.
The C-1 District is intended to provide small convenient, indoor retail/commercial
services and offices, and in residential neighborhood locations at an intersection
or on a major street. Buffering, landscaping and open space areas separate the
commercial and office uses from residential uses.
Note: The C-1 Neighborhood Commercial District is primarily intended to be a
commercial and retail zoning district. Due to the nature of these uses and the
attendant traffic and noise, persons inhabiting residential uses in non-residential
buildings, as defined in article IX, should not expect to find the quiet and low level
of ambient noise normally found in residential districts."
Depending on the particular redevelopment project selected by the City and 353
Corporation at the conclusion of the competitive RFP process, zoning approvals or any
other land use approvals may be needed for implementation.
9
Duration of Plan
This Plan and all development rights hereunder shall expire at the end of the last term of
granted tax abatement that begins when the 353 Corporation conveys a parcel of real
property within the Redevelopment Project Area to a private developer under a
Development Agreement
Plan Amendments
This Plan may be amended from time to time by the City Council by ordinance. Any such
amendment that substantially departs from the terms of any redevelopment agreement
between the City and a selected redeveloper shall additionally require approval by any
affected developer or sub -developer.
151
Exhibit A
Common Description of Redevelopment Area
The Redevelopment Area consists of the following parcels of real estate, plus all adjacent
public rights -of -way.
Address
I Parcel ID Number
320 Miller Street
11-03-07-0004-019-004
Exhibit B
Map of Redevelopment Area
Aerial Overview
N -
lat. 53.57339' N
L_ 92.MrW9 W
ory
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1.1
EXHIBIT C
Study of Blighting Factors within Redevelopment Area
320 Miller Redevelopment Area
In accordance with the Urban Redevelopment Corporations Law, Chapter 353 of the
Revised Statutes of Missouri, as amended ("Chapter 353"), this study of blighting factors
has been prepared to assist the City Council of the City of Jefferson City (the "City Council")
in determining whether a certain area located within the City of Jefferson City (the "City") is
a "blighted area," as that term is used and defined in Chapter 353. This analysis was
conducted in the fourth quarter of calendar year 2022. The area under study contains a
single lot commonly described as 320 Miller as depicted on Exhibit B attached to that
certain development plan entitled "Development Plan 320 Miller Redevelopment Project,
Jefferson City Missouri" dated December 5, 2022 (the "Redevelopment Plan"),
incorporated by reference in this analysis (collectively, the "Redevelopment Area"). The
Redevelopment Area consists of the single of real property, plus surrounding rights -of -
way. At the time of this study, the Redevelopment Area was zoned "C-1 Commercial."
Chapter 353 requires as a prerequisite to the undertaking of proposed redevelopment
activities, including the granting of real property tax abatement, that the City Council make
a determination that the Redevelopment Area is a "blighted area," as that term is used
and defined in Chapter 353. A "blighted area" is defined by Chapter 353 to mean:
"That portion of the city within which the legislative authority of such city
determines that by reason of age, obsolescence, inadequate or outmoded
design or physical deterioration 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. (Missouri Revised
Statutes, as amended §353.020(2)).
The determination of statutory "blight" need not encompass the entire Redevelopment
Area. Rather, Chapter 353 expressly provides that "any such area may include buildings
and improvements not in themselves blighted, and any real property, whether improved
or unimproved, the inclusion of which is deemed necessary for the effective clearance,
re -planning, reconstruction, rehabilitation of the area of which such buildings,
improvements, or real property form a part." Based on the analysis detailed below, the
City Council has a sufficient factual basis to support a determination that the
Redevelopment Area is indeed a "blighted area" under Chapter 353.
The following factors demonstrate that the Redevelopment Area is a "blighted area" as
that term is defined and used in Chapter 353.
Background
320 Miller is located in the southeastern portion of the greater downtown area of Jefferson
City. This neighborhood is home to an mix of residential, commercial, and institutional
uses.
Blight Factors Present Within the Redevelopment Area
7
Physical Deterioration: The main problem afflicting the Redevelopment Area is that the
improvements constructed within the Redevelopment Area suffered from significant
physical deterioration leading to the demolition of the structure on the property.
The single structure within the Redevelopment Area has been declared to be a
Dangerous Building and was ordered to be vacated and remain unoccupied until
demolition or repair of the Dangerous Building has been completed. Specifically, the
structure was declared dangerous and ordered to be demolished or repaired on April
2021. The City's dangerous building packet for 320 Miller St. is attached hereto
as Attachment 1.
Subsequent to the City's dangerous building declaration, failed to repair or demolish the
Dangerous Building as ordered and the building was demolished using public funds in
January 2022. The property now sits vacant and unmaintained, except for when weeds
and vegetation overgrow to a nuisance level and the City mows the property and levies a
tax lien on the property for such work.
The Redevelopment Area, in its current state and, remain unusable and will not attract
development thus remaining an economic liability, incapable of paying reasonable taxes.
Additionally, the Redevelopment Area, in its current state, constitutes a social liability
conducive to ill health, transmission of disease, and a threat to public safety. Conversely,
redevelopment of this area will advantage neighboring parcels, thus assisting the City's
overall goals in economic development and public safety.
Obsolescence and Economic Underutilization: Currently, the entire Redevelopment Area
is underutilized; hosting nothing but a vacant lot. This results in an economic liability,
incapable of paying reasonable taxes. For example, according to realtor.com, the median
list price of residential properties in Jefferson City in December 2021 was $195,500. This
value would typically generate combined real property taxes of $2,211.96 per annum.
However, the 2021 real property taxes generated by 320 Miller was $530.64.
The Redevelopment Area's underutilization is directly tied to the above -discussed
blighting factors, including significant deterioration of improvements necessary for safe
and effective operation of commercial and residential uses.
The Redevelopment Area enjoys several advantages for commercial and residential
uses. Specifically, the Redevelopment Area is within walking distance to City Hall, the
Miller Performing Arts Center, the Jefferson City Academic Center, the Cole County
Sheriff's Department and the larger downtown area.
City officials have realized the advantages that a location near downtown Jefferson City
can provide and have developed land use policies to promote and support effective
development of commercial and residential uses. The Redevelopment Area sits within a
City -center area zoned for a wide -variety of uses, whether those be retail, restaurant, bars
and nightlife, governmental, institutional, financial services, professional and/or office
uses. However, the blighted conditions in the Redevelopment Area have resulted in
underutilization of the Redevelopment Area, frustrating the City's land use policies and
goals.
rn
The Redevelopment Area, in its current state and design, will remain underutilized.
Continued underutilization of the Redevelopment Area would deprive the City of
reasonable taxes and is inconsistent with the City's land use policies, frustrates the City's
economic development and land use objectives, and interferes with intended
development for the City's and the public's welfare.
Summary of Findings and Conclusions
The following summarizes the findings of this Analysis:
1. The Redevelopment Area is presently characterized by economic underutilization.
Continued underutilization and attendant limitations on private investment commensurate
with the land use classification and development potential of the Redevelopment Area
constitute an economic liability and are conducive to the inability of the Redevelopment
Area to pay reasonable taxes.
2. The continued underutilization of the Redevelopment Area, as well as the
deteriorating condition of internal improvements, falls short of the intended impacts of
City's land use policies and frustrates the City's economic development objectives for
City -center commercial development.
3. The deterioration of Redevelopment Area's existing building is a social liability
presenting threats to the public health, safety, and welfare.
Conclusion: This analysis demonstrates that portions of the Redevelopment Area
exhibit conditions that meet statutory and common law tests supporting a determination
by the City Council that the Redevelopment Area on the whole constitutes a "blighted
area" so that the clearance, replanning, reconstruction or rehabilitation of the
Redevelopment Area is necessary to effectuate the purposes of Chapter 353, as
amended.
9
City of Jefferson
Department of Planning & Protective Services
320 E. McCarty Street
Jefferson City, MO 65101
Date: April 27, 2021
BUESCHER, BARBARA J
429 E CAPITOL AVE
JEFFERSON CITY, MO 65101
RE: 320 E Miller St, Jefferson City, MO
Parcel ID # 1103070004019004
Attachment 1
Carrie Tergin, Mayor
Sonny Sanders, AICP, Director
Phone:573-634-6410
Fax: 573-634-6457
Certified Notice
7015 3010 0000 8169 3497
DECLARATION AND NOTICE OF DANGEROUS BUILDING
AND ORDER TO ABATE
According to the records of the Recorder of Deeds and the Assessor's Office of Cole County,
Missouri you are owner of the property located at 320 E Miller St, Jefferson City, Missouri,
hereinafter referred to as the "property'.
This notice is provided to you pursuant to Sections 8-80 through 8-94 of the Code of City of
Jefferson. All references to section number are from the Code of City of Jefferson.
Pursuant to Section 8-85b (Statement of Nuisance), you are hereby notified that the property
has upon it conditions which render the structure located on the property to be a Dangerous
Building as defined in Section 8-82 of the Jefferson City Code. Dangerous Buildings are
nuisances pursuant to section 8-83. The Dangerous Building located on the property is hereby
declared a nuisance.
The specific code sections of the City Code which have been violated are identified as follows
1. 8-82.C.Those that have improperly distributed loads upon the floors or roofs, or in
which the same are overloaded or that have insufficient strength to be reasonably safe
for the purpose used.
2. 8-82.E Those that are so dilapidated, decayed, unsafe, unsanitary, or that so utterly fail
to provide the amenities essential to decent living that they are unfit for human
habitation, or are likely to cause sickness or disease, so as to work injury to the health,
safety, or welfare of those occupying such building.
3. 8-82.1 Those that have parts thereof that are so attached that they may fall and injure
members of the public or property.
4. 8-82.K Those that because of their condition are unsafe, unsanitary or dangerous to the
health, safety, or general welfare of the people of this City.
Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or
alternative formats as required under the Americans with Disabilities Act. Please allow three business days
to process the request.
Pursuant to Section 8-85 you are hereby directed to commence corrective action of the
dangerous conditions immediately and, proceed continuously without unnecessary delay, within
15 Days of the date of this notice.
Pursuant to Section 8-85b.3 (Corrective Action) you are hereby notified that the corrective
action necessary to abate the dangerous conditions identified above are as follows
1. Secure site to prevent access to areas with overhead fall hazards.
2. Obtain sealed drawings from a licensed professional, obtain all necessary permits and
using licensed contractors repair the failing structure per approved drawings. Owner
may also choose to obtain permits and demolish the structure to remove hazards.
3. Maintain site security prior to, during, and through completion of repairs and /or
demolition.
Pursuant to Section 8-86, if you fail to commence or proceed without delay with the
corrective actions, the City may call a Dangerous Building Hearing on the matter. The notice
of hearing shall be directed to the owner, occupant, mortgagee, lessee, agent, and all other
persons having an interest in said building as shown by the land records of the recorder of
deeds of the county wherein the land is located, to appear before the Hearing Officer on the
date specified to determine whether the building or structure reported to be a dangerous
building should be vacated, repaired, or demolished in accordance with the statement of
particulars set forth in this notice.
Pursuant to Section 8-87 you are hereby notified that if dangerous conditions identified in in
this notice are not corrected as directed the City may proceed against you for some or all of any
violation which is not addressed within the prescribed times.
You may contact, Dave Helmick, Dangerous Building Inspector, 573-634-6410 to set up a
meeting to discuss this notice of violation and the time table for corrective action.
Thank you in advance for your cooperation,
Sincerely,
Dave Helmick,
Dangerous Building Inspector
Enclosures: Exhibits A, B, D
CC: Sonny Sanders — Director
Ryan Moehlman—City Attorney
Dustin Birch — Assistant City Attorney
Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or
alternative formats as required under the Americans with Disabilities Act. Please allow three business days
to process the request.
vE COG'I.
Cole County Assessor
T Parcel Report
9`TSESSOP Report Date: 4/27/2021
Property Details
Parcel ID 1103070004019004
Property Address:
School District: JC
320 E MILLER ST MO 65101
Year Built: 1910
Owner:
Sq. Ft. (above grade):
3006
BUESCHER, BARBARA J
Fin. Bsmt Sz (sq. ft.):
429 E CAPITOL AVE
Land and Improvement Appraised Values
JEFFERSON CITY, MO 65101
Land (Ag): $0
Imp (Ag): $0
Deed Book -Page Date: Section/Township/Range:
Land (Res): $7000
Imp (Res): $39700
{331-90410/23/19911, 7/44/11
Land $0
Imp $0
{331-904 10/23/19911,
(Comm):
(Comm):
{315-287 06/01/1989), Acreage:
Date Certified: 2020
Property Description: 0.18 ac.
Appraised: $46700
CITY OF JEFFERSON INLOT W 45.88' OF E 46.88' OF INLOT
722 (EXC HIGHWAY R/O/W)
Parcel Notes:
243-605
Parcel data is for assessment purposes only. It is not a legal survey and does not purport to represent a property boundary survey of the parcels shown. It
should not be used for conveyances or the establishment of property boundaries.
PRbyWF IP
8-82.C.Those that have improperly distributed loads upon the floors or roofs, or in
which the same are overloaded or that have insufficient strength to be reasonably safe
for the purpose used.
8-82.E Those that are so dilapidated, decayed, unsafe, unsanitary, or that so utterly fail
to provide the amenities essential to decent living that they are unfit for human
habitation, or are likely to cause sickness or disease, so as to work injury to the health,
safety, or welfare of those occupying such building.
8-82.K Those that because of their condition are unsafe, unsanitary or dangerous to the
health, safety, or general welfare of the people of this City.
8-82.1 Those that have parts thereof that are so attached that they may fall and injure members
of the public or property.
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EXHIBIT C
Development Plan
1226 Adams Redevelopment Project
Jefferson City, Missouri
Prepared for
The City Council of the City of Jefferson City, Missouri
on behalf of
Jefferson Redevelopment Corporation
December 5, 2022
Development Plan
1226 Adams Redevelopment Project
City of Jefferson City, Missouri
Jefferson Redevelopment Corporation
Infmch ir_+inn
This Development Plan (this "Plan") sets forth a program of redevelopment intended to
eliminate or mitigate certain factors which cause an property commonly described as
1226 Adams St. in Jefferson City, Missouri, and described in Exhibit A and depicted on
Exhibit B, both attached to and incorporated in this Plan by reference (the
"Redevelopment Area"), to constitute a "blighted area," as that term is used and defined
in the Urban Redevelopment Corporations Law, Chapter 353 of the Revised Statutes of
Missouri, as amended ("Chapter 353"). A study entitled "Study of Blighting Factors within
Redevelopment Area" chronicling conditions of blight in the Redevelopment Area (the
"Blight Analysis") has been performed and has concluded that evidence of physical,
social and economic conditions of blight exist in the Redevelopment Area. A copy of the
Blight Analysis is attached as Exhibit C and is incorporated in this Plan by reference and
sets forth the factors which support this determination.
The Redevelopment Area encompasses a single property commonly described as 1226
Adams St. in Jefferson City. The lot at issue is currently owned by Barbara Buescher (the
"Property Owner"). The property is located in a residential area of the City making it ideal
for residential or institutional uses. The single building has been declared to be a
"dangerous building" under the City Code. The costs of removal or rehabilitation of the
structure on the property within the Redevelopment Area and existing tax liens held by
both the City and County make the property undevelopable despite its locational
advantages. To address the blighting factors present in the Redevelopment Area the
Jefferson City Redevelopment Corporation (the "353 Corporation") has determined that
residential or institutional uses be sought and has proposed this Plan, prepared in
accordance with Chapter 353, and procedural ordinances of the City governing
consideration of redevelopment proposals, which calls for the acquisition of real property
and the potential grant of limited real property tax abatement to induce redevelopment
and preservation of the Redevelopment Area.
Chapter 353 Provisions and Requirements
Chapter 353 as a redevelopment tool is available to all Missouri cities regardless of size.
Chapter 353 encourages redevelopment by providing for real property tax abatement for
properties within designated redevelopment areas. Under Chapter 353, real property
acquired by an Urban Redevelopment Corporation (as that term is used in Chapter 353)
and used in accordance with an approved redevelopment plan may receive tax relief in
the form of partial real property tax abatement for a period of up to twenty-five years.
Taxation of personal property remains unaffected.
Before authorizing a redevelopment project, and granting property tax abatement, the
1
governing body of a city must schedule and hold a public hearing, notify affected taxing
districts in writing, and provide to the taxing districts a written statement identifying the
estimated impact of the proposed property tax abatement. Following the public hearing,
the city may approve the project and the tax abatement by ordinance. The ordinance
must set the time for acquisition of property by the Urban Redevelopment Corporation
and for expiration of the development rights granted.
Redevelopment Objectives
The principal objectives of this Plan are the reduction or elimination of blighted conditions
within the Redevelopment Area and the improvement of the site to encourage
redevelopment, which will in turn result in productive use and an enhanced capacity to
pay reasonable taxes. The dangerous conditions of the existing structure on the property
within the Redevelopment Area creates a higher cost of doing business on the property
and renders the lot potentially economically unviable.
The continued existence of the blighted conditions has and will have a negative economic
impact on the rest of the neighborhood. Dangerous, unoccupied buildings have the
tendency to reduce property values for an entire neighborhood, thus magnifying the
property tax loss for the entire surrounding area. Therefore, this plan is designed to make
redevelopment of Redevelopment Area viable.
Description of the Redevelopment Project
A. Redevelopment Project Activities
The Redevelopment Project envisions the rehabilitation of the structure at 1226 Adams
St. or the wholesale redevelopment of the property to be paid for by private funding. The
main initial activity under this Redevelopment is the acquisition the real estate in the
Redevelopment Area. After acquiring all necessary real estate in the area, the City and
353 Corporation will undergo a competitive process in which the real estate will be
conveyed to a private developer who, in the opinion of the City and 353 Corporation, have
proposed the plan for redevelopment of the Redevelopment Area that will best serve the
health, safety, and general welfare of the City and the Redevelopment Area and are best
qualified to execute the proposed redevelopment project. The selected developer will then
carry out its redevelopment project(s) under an appropriate Redevelopment Agreement
and may or may not utilize tax abatement incentives available under Chapter 353.
Necessary redevelopment activities will be unlikely to occur without the authorities and/or
incentives described in this Plan.
The use of eminent domain will be necessary under this Plan. A request for the City to
exercise eminent domain on behalf of the 353 Corporation is hereby made to acquire the
property at 1226 Adams St.
This Plan shall constitute a "Master Plan for the purposes" of § 353.170 RSMo.
K
B. Relocation Plan
The Council of the City of Jefferson City (the "City Council") by ordinance has established
a relocation policy for projects undertaken pursuant to Chapter 353 and other
redevelopment statutes (the "Relocation Policy"), all in accordance with requirements of
Sections 523.200 et seq. of the Revised Statutes of Missouri, as amended. This Plan
incorporates the Relocation Policy as the relocation plan for the Redevelopment Project.
This Plan as proposed does not require relocation activities.
C. Redevelopment Terms and Proposed Limitations on Tax Abatement
Chapter 353 allows for grants of real property tax abatement for a total maximum period
of twenty-five years. Chapter 353 allows for a grant of abatement of up to 100% of new
taxes on real property only within the Redevelopment Area for a period of ten (10) years
followed by an abatement of up to 100% of all real property taxes for the following fifteen
years. Throughout this twenty-five year period and thereafter, all affected taxing districts
would continue to receive personal property taxes on existing and new equipment and
personalty.
Whether any tax abatement will be granted to any particular developer for any particular
redevelopment will be determined by the City and 353 Corporation in accordance with §
353.110 RSMo. and memorialized in applicable and appropriate Redevelopment
Agreements.
Land Use Plan
The Redevelopment Area lies within the City's "C-2" zoning district classification. The
City's Zoning Code § 35-26(A)(1) provides:
"The RS-4 District implements the medium density residential (detached)
development plan land use category. The RS-4 District is intended for detached
medium density single family residential living and activities that traditionally serve
residential neighborhoods.."
Depending on the particular redevelopment project selected by the City and 353
Corporation at the conclusion of the competitive process, zoning approvals or any other
land use approvals may be needed for implementation.
Duration of Plan
This Plan and all development rights hereunder shall expire at the end of the last term of
granted tax abatement that begins when the 353 Corporation conveys a parcel of real
property within the Redevelopment Project Area to a private developer under a
Development Agreement
9
Plan Amendments
This Plan may be amended from time to time by the City Council by ordinance. Any such
amendment that substantially departs from the terms of any redevelopment agreement
between the City and a selected redeveloper shall additionally require approval by any
affected developer or sub -developer.
C!
Exhibit A
Common Description of Redevelopment Area
The Redevelopment Area consists of the following parcels of real estate, plus all adjacent
public rights -of -way.
Address
I Parcel ID Number
1226 Adams Street
11-04-18-0002-008-023
Exhibit B
Map of Redevelopment Area
Aerial Overview
EXHIBIT C
Study of Blighting Factors within Redevelopment Area
1226 Adams Redevelopment Area
In accordance with the Urban Redevelopment Corporations Law, Chapter 353 of the
Revised Statutes of Missouri, as amended ("Chapter 353"), this study of blighting factors
has been prepared to assist the City Council of the City of Jefferson City (the "City Council")
in determining whether a certain area located within the City of Jefferson City (the "City") is
a "blighted area," as that term is used and defined in Chapter 353. This analysis was
conducted in the fourth quarter of calendar year 2022. The area under study contains a
single lot commonly described as 1226 Adams as depicted on Exhibit B attached to that
certain development plan entitled "Development Plan 1226 Adams Redevelopment
Project, Jefferson City Missouri" dated December 5, 2022 (the "Redevelopment Plan"),
incorporated by reference in this analysis (collectively, the "Redevelopment Area"). The
Redevelopment Area consists of the single of real property, plus surrounding rights -of -
way. At the time of this study, the Redevelopment Area was zoned "C-2 Commercial."
Chapter 353 requires as a prerequisite to the undertaking of proposed redevelopment
activities, including the granting of real property tax abatement, that the City Council make
a determination that the Redevelopment Area is a "blighted area," as that term is used
and defined in Chapter 353. A "blighted area" is defined by Chapter 353 to mean:
"That portion of the city within which the legislative authority of such city
determines that by reason of age, obsolescence, inadequate or outmoded
design or physical deterioration 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. (Missouri Revised
Statutes, as amended §353.020(2)).
The determination of statutory "blight" need not encompass the entire Redevelopment
Area. Rather, Chapter 353 expressly provides that "any such area may include buildings
and improvements not in themselves blighted, and any real property, whether improved
or unimproved, the inclusion of which is deemed necessary for the effective clearance,
re -planning, reconstruction, rehabilitation of the area of which such buildings,
improvements, or real property form a part." Based on the analysis detailed below, the
City Council has a sufficient factual basis to support a determination that the
Redevelopment Area is indeed a "blighted area" under Chapter 353.
The following factors demonstrate that the Redevelopment Area is a "blighted area" as
that term is defined and used in Chapter 353.
Background
1226 Adams is located in the great southside area of Jefferson City. This neighborhood
is home to a mix of residential and institutional uses. While the neighborhood as seen
some revitalization and positive investment in infrastructure and structures corresponding
with activities at Jefferson City High School and Capitol Region Medical Center, 1226
Adams did not participate in such revitalization and has experienced significant
7
deterioration over the past decade.
Blight Factors Present Within the Redevelopment Area
Physical Deterioration: The main problem afflicting the Redevelopment Area is that the
improvements constructed within the Redevelopment Area suffer from significant physical
deterioration.
The single structure within the Redevelopment Area has been declared to be a
Dangerous Building and has been ordered to be vacated and remain unoccupied until
demolition or repair of the Dangerous Building as been completed. Specifically, the
structure was declared dangerous and ordered to be demolished or repaired on June 17,
2021. The City's dangerous building packet for 1226 Adams St. is attached hereto
as Attachment 1.
Subsequent to the City's dangerous building declaration, the structure at 1226 Adams St.
continues to harm the surrounding neighborhood, as the owner provides no maintain to
the property, causing public funds to be expended to address nuisance conditions on the
property.
The Redevelopment Area, in its current state and, remain unusable and will not attract
development thus remaining an economic liability, incapable of paying reasonable taxes.
Additionally, the Redevelopment Area, in its current state, constitutes a social liability
conducive to ill health, transmission of disease, and a threat to public safety. Conversely,
redevelopment of this area will advantage neighboring parcels, thus assisting the City's
overall goals in economic development and public safety.
Obsolescence and Economic Underutilization: Currently, the entire Redevelopment Area
is underutilized; hosting a vacated structure which has been ordered to remain
unoccupied because the structure is too dangerous and harmful to support any type of
use or occupation whatsoever. This results in an economic liability, incapable of paying
reasonable taxes. For example, according to realtor.com, the median list price of
residential properties in Jefferson City in December 2021 was $195,500. This value
would typically generate combined real property taxes of $2,211.96 per annum. However,
the 2021 real property taxes generated by 1226 was $132.82.
The Redevelopment Area's underutilization is directly tied to the above -discussed
blighting factors, including significant deterioration of improvements necessary for safe
and effective operation of commercial and residential uses.
The Redevelopment Area enjoys several advantages for commercial and residential
uses. Discussed above, the neighborhood is a center for community and cultural events
and provides an opportunity for a variety of uses. Furthermore, the Redevelopment Area
is mere blocks in from the Missouri State Capitol and several State Office Buildings.
City officials have realized the advantages that a location near long-standing Jefferson
City institutions can provide and have developed land use policies to promote and support
effective development of commercial and residential uses. The Redevelopment Area sits
within a City -center area. However, the blighted conditions in the Redevelopment Area
rn
have resulted in underutilization of the Redevelopment Area, frustrating the City's land
use policies and goals.
The Redevelopment Area, in its current state and design, will remain underutilized.
Continued underutilization of the Redevelopment Area would deprive the City of
reasonable taxes and is inconsistent with the City's land use policies, frustrates the City's
economic development and land use objectives, and interferes with intended
development for the City's and the public's welfare.
Summary of Findings and Conclusions
The following summarizes the findings of this Analysis:
1. The Redevelopment Area is presently characterized by economic underutilization.
Continued underutilization and attendant limitations on private investment commensurate
with the land use classification and development potential of the Redevelopment Area
constitute an economic liability and are conducive to the inability of the Redevelopment
Area to pay reasonable taxes.
2. The continued underutilization of the Redevelopment Area, as well as the
deteriorating condition of internal improvements, falls short of the intended impacts of
City's land use policies and frustrates the City's economic development objectives for
City -center commercial development.
3. The deterioration of Redevelopment Area's existing building is a social liability
aresentina threats to the aublic health. safetv. and welfare.
Conclusion: This analysis demonstrates that portions of the Redevelopment Area
exhibit conditions that meet statutory and common law tests supporting a determination
by the City Council that the Redevelopment Area on the whole constitutes a "blighted
area" so that the clearance, replanning, reconstruction or rehabilitation of the
Redevelopment Area is necessary to effectuate the purposes of Chapter 353, as
amended.
9
City of Jefferson
Department of Planning & Protective Services
320 E. McCarty Street
Jefferson City, MO 65101
Date: June 17, 2021
BUESCHER, BARBARA J,
429 E CAPITOL AVE
JEFFERSON CITY, MO, 65101
Certified Notice
RE: 1226 Adams, Jefferson City, MO
Parcel ID # 1104180002008023
Attachment 1
Carrie Tergin, Mayor
Sonny Sanders, AICP, Director
Phone: 573-634-6410
Fax: 573-634-6457
Certified Notice
7015 3010 0000 8169 3534
DECLARATION AND NOTICE OF DANGEROUS BUILDING
AND ORDER TO ABATE
According to the records of the Recorder of Deeds and the Assessor's Office of Cole County,
Missouri you are owner of the property located at 1226 Adams, Jefferson City, Missouri,
hereinafter referred to as the "property'.
This notice is provided to you pursuant to Sections 8-80 through 8-94 of the Code of City of
Jefferson. All references to section number are from the Code of City of Jefferson.
Pursuant to Section 8-85b (Statement of Nuisance), you are hereby notified that the property
has upon it conditions which render the structure located on the property to be a Dangerous
Building as defined in Section 8-82 of the Jefferson City Code. Dangerous Buildings are
nuisances pursuant to section 8-83. The Dangerous Building located on the property is hereby
declared a nuisance.
The specific code sections of the City Code which have been violated are identified as follows
1. 8-82.C.Those that have improperly distributed loads upon the floors or roofs, or in
which the same are overloaded or that have insufficient strength to be reasonably safe
for the purpose used.
2. 8-82.E Those that are so dilapidated, decayed, unsafe, unsanitary, or that so utterly fail
to provide the amenities essential to decent living that they are unfit for human
habitation, or are likely to cause sickness or disease, so as to work injury to the health,
safety, or welfare of those occupying such building.
3. 8-82.1 Those that have parts thereof that are so attached that they may fall and injure
members of the public or property.
4. 8-82.K Those that because of their condition are unsafe, unsanitary or dangerous to the
health, safety, or general welfare of the people of this City.
Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or
alternative formats as required under the Americans with Disabilities Act. Please allow three business days
to process the request.
Pursuant to Section 8-85 you are hereby directed to commence corrective action of the
dangerous conditions immediately and, proceed continuously without unnecessary delay, within
30 Days of the date of this notice.
Pursuant to Section 8-85b.3 (Corrective Action) you are hereby notified that the corrective
action necessary to abate the dangerous conditions identified above are as follows
1. Secure site to prevent access to areas with overhead fall hazards.
2. Obtain sealed drawings from a licensed professional, obtain all
necessarypermits and using licensed contractors repair the failing structure per
approved drawings. Owner may also choose to obtain permits and demolish the
structure to remove hazards.
3. Maintain site security prior to, during, and through completion of repairs and /or
demolition
Pursuant to Section 8-86, if you fail to commence or proceed without delay with the
corrective actions, the City may call a Dangerous Building Hearing on the matter. The notice
of hearing shall be directed to the owner, occupant, mortgagee, lessee, agent, and all other
persons having an interest in said building as shown by the land records of the recorder of
deeds of the county wherein the land is located, to appear before the Hearing Officer on the
date specified to determine whether the building or structure reported to be a dangerous
building should be vacated, repaired, or demolished in accordance with the statement of
particulars set forth in this notice.
Pursuant to Section 8-87 you are hereby notified that if dangerous conditions identified in in
this notice are not corrected as directed the City may proceed against you for some or all of any
violation which is not addressed within the prescribed times.
You may contact, Dave Helmick, Dangerous Building Inspector, 573-634-6410 to set up a
meeting to discuss this notice of violation and the time table for corrective action.
Thank you in advance for your cooperation,
Sincerely,
Dave Helmick,
Dangerous Building Inspector
Enclosures: Exhibits A, B, D
CC: Sonny Sanders — Director
Ryan Moehlman—City Attorney
Dustin Birch — Assistant City Attorney
Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or
alternative formats as required under the Americans with Disabilities Act. Please allow three business days
to process the request.
vE COG'I.
Cole County Assessor
T Parcel Report
9`TSESSOP Report Date: 6/17/2021
Property Details Parcel ID 1104180002008023
Property Address:
1226 ADAMS ST MO 65101
Owner:
BUESCHER, BARBARA
429 E CAPITOL AVE
JEFFERSON CITY, MO 65101
Deed Book -Page Date: Section/Township/Range
{336-470 3/18/19921, 18/44/11
(336-470 03/18/1992),
{74-2106/24/1934) Acreage:
Property Description: 0.1 ac.
MORRIS PT OL 86; S 1/3 LOT 43, 44, & 45
Parcel Notes:
School District: JC
Year Built: 1910
Sq. Ft. (above grade): 680
Fin. Bsmt Sz (sq. ft.):
Land and Improvement Appraised Values
Land (Ag): $0 Imp (Ag): $0
Land (Res): $7000 Imp (Res): $4700
Land $0 Imp $0
(Comm): (Comm):
Date Certified: 2018
Appraised: $11700
Parcel data is for assessment purposes only. It is not a legal survey and does not purport to represent a property boundary survey of the parcels shown. It
should not be used for conveyances or the establishment of property boundaries.
PRbyWF IP