Topeka mayor and council won't allow addiction treatment center in business office area

A proposed addiction treatment center won't be allowed in a Topeka area occupied primarily by business offices.

Topeka's mayor and city council Tuesday evening rejected a proposed zoning change that would have enabled developer Makayla Girodat to arrange for the building at 3300 S.W. Van Buren to be used for that purpose.

The proposed use was inconsistent with the character of that neighborhood, said Councilman and Deputy Mayor Neil Dobler, who was among those who voted in the majority.

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Planning commission supported proposed rezoning

Topeka's mayor and council on Tuesday considered changing zoning for the building at 3300 S.W. Van Buren from I-1 Light Industrial District to O&I2 Office and Institutional District.

The property had been zoned I-1 since about 1960 and had been used for office purposes since the building there was constructed in 1979. It had most recently been used as an office for a magazine publisher.

The city planning department recommended the zoning change be approved, saying it would not be problematic from a zoning standpoint.

Girodat told the Topeka Planning Commission on Dec. 19 that the treatment facility would do a lot of good by helping substance-addicted women and children recover and live a healthy and fulfilled life. The planning commission is a volunteer body charged with making recommendations on planning and zoning matters to the mayor and council.

But eight people, mostly owners of neighboring businesses, that day asked the planning commission to recommend the request be denied.

The planning commission voted 5-2 that day to recommend that the zoning change be approved.

Girodat and owners of neighboring businesses didn't speak at Tuesday's meeting, as public comment on proposed zoning changes isn't allowed at city council meetings.

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A clear 'yes' or 'no'

Because of a protest petition filed by owners of nearby properties, eight "yes" votes from the mayor and council would have been required Tuesday evening for the proposed rezoning to pass, said city attorney Amanda Stanley.

Seven "yes" votes would be required to approve any motion to reject it outright, she added.

Mayor Mike Padilla and the nine council members voted 8-2 Tuesday to reject a motion to approve the proposed zoning change, with council members Karen Hiller and Tony Emerson voting in the minority.

At that point, the proposal remained alive. The options of the mayor and council including potentially sending it back to the planning commission.

But they instead voted 9-1 to approve Dobler's motion to reject the proposed outright.

Dobler said he made that specific motion because he thought the developer would appreciate a clear "yes" or "no" at that point.

The developer may still pursue other potential zoning avenues for the property involved, said Mayor Mike Padilla.

Other business

During a meeting that lasted about two and a half hours, the mayor and council on Tuesday also:

• Voted 10-0 to approve the city's 2023 Consolidated Action Plan and Budget in the amount of $4.3 million. The plans submission to the federal Department of Housing and Urban Development will enable the city to secure more than $4.3 million in federal funding for housing and neighborhood improvements, said the agenda for Tuesday's meeting.

• Voted 10-0 to approve a two-year employment agreement covering the years 2023 and 2024 with city technical, clerical and maintenance employees represented in collective bargaining by AFT Kansas Local 6406. The contract increases the pay matrix for those employees by 4% in 2023 and 4.5% in 2024.

• Elected Emerson and Councilwoman Hannah Naeger to one-year terms in the two available seats as voting members on the board of the Joint Economic Development Organization. Padilla and Dobler already serve on that board. JEDO is a group of city and county elected officials who oversee millions raised annually for economic development by a countywide sales tax.

• Met behind closed doors in executive session to discuss contract negotiations with representatives for city employees.

Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.

This article originally appeared on Topeka Capital-Journal: Addiction treatment facility won't be allowed in Topeka office area