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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 9 r � f 40 o= 38.57356` N v WKI6: 4326 LatlLuagA ItSGGI Sale 1: 1462 i ..: Lore 9217579' W - �- Go 0 20 dilFt 1.1 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. Print Preview Page 1 of 1 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 h Tt✓ tt� 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 .k 4D 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. kT 'e I� ,� h\� I _ ; anz�i oe ze "-, tit :l 00 23 O41NQK1 !I P_. 161 Pd D412712021 v 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