HomeMy WebLinkAboutResolution 2009-0039TITLE:
CITY OF WHEAT RIDGE
WHEAT RIDGE, COLORADO
RESOLUTION NO. 39
Series of 2009
A RESOLUTION FINDING THE EXISTENCE OF BLIGHT
IN THE VICINITY OF THE INTERSTATE 70 CORRIDOR
BETWEEN 32N° A VENUE AND KIPLING STREET AND
THE KIPLING CORRIDOR BETWEEN INTERSTATE 70
AND 26™ A VENUE
WHEREAS, the Urban Renewal Law of Colorado (§31-25-101 et seq C.R.S.) authorizes
the analysis and consideration of factors within the City of Wheat Ridge to determine if blight
exists within certain areas of the City to utilize the provisions of the Urban Renewal Law to
eliminate and prevent blight and to develop and/or redevelop such areas for the economic and
social well being and public health, safety and welfare of the community; and
WHEREAS, such analysis has been undertaken to determine whether factors of blight
exist within the vicinity of the Interstate 70 Corridor between 32"d Avenue and Kipling Street and
the Kipling Corridor between Interstate 70 and 26'h A venue, which is depicted on Exhibit 1
hereto (hereafter the "Study Area"); and
WHEREAS, the Board of Commissioners of the Wheat Ridge Urban Renewal Authority
(the Authority) was presented with the results and evidence of such blight analysis at a public
meeting on March 3, 2009; and
WHEREAS, based upon the blight analysis and information presented to it, the
Authority enacted Resolution No. 05-2009 advising the City Council of its opinion of the
existence of factors of blight in the Study Area, recommending that City Council hold a public
hearing to consider evidence and determine if such factors of blight exist in the Study Area, and
that if Council makes findings of blight, that it establish an urban renewal area; and
WHEREAS, in compliance with §31-25-104 C.R.S. of the Urban Renewal Law, notice
of a public hearing was provided to hear evidence and determine if factors of blight existed in the
Study Area; and
WHEREAS, in accordance with §31-25-1 04 C.R.S. of the Urban Renewal Law, a public
hearing was held on August I 0, 2009, at which public hearing a full opportunity to be heard was
provided to all residents and taxpayers of the City of Wheat Ridge and all other interested
persons; and
WHEREAS, said study and analysis and the data and evidence presented at the public
hearing validates the existence of factors of blight in the Study Area consistent with §31-25-
103(2) C.R.S. of the Urban Renewal Law; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Section I. Based upon the blight analysis by Matrix Design Group, Inc., which analysis
and document was presented to Council at the public hearing and is incorporated in this
Resolution as Exhibit 2, the testimony of persons at the public hearing, the evidence presented at
the public hearing; and consistent with §3 I -25-I 03(2), the City Council hereby finds that the
following factors of blight, as defined by such law, exist in the Interstate 70 Corridor between
32nd Avenue and Kipling Street and in the Kipling Corridor between Interstate 70 and 26th
Avenue, within the City of Wheat Ridge, Jefferson County, Colorado.
I. Slum, deteriorated or deteriorating structures; and
2. Predominance of defective or inadequate street layout; and
3. Faulty lot layout in relation to size, adequacy, accessibility or usefulness; and
4. Unsanitary or unsafe conditions; and
5. Deterioration of site or other improvements; and
6. Unusual topography or inadequate public improvements; and
7. Existence of conditions that endanger life or property by fire and other causes; and
8. Buildings that are unsafe or unhealthy for persons to live or work in; and
9. Environmental contamination of buildings or property; and
I 0. Existence of factors requiring high levels of municipal services or substantial
physical underutilization or vacancy of sites, buildings, or other improvements.
Section 2. The City Council finds that the Interstate 70 and Kipling Corridors Study
Area, in its present condition and use and by reason of the presence of the foregoing ten factors
of blight, substantially impairs the sound growth of Wheat Ridge, constitutes an economic
liability and is a menace to the public health, safety and welfare.
Section 3. An urban renewal area within the City of Wheat Ridge in the general vicinity
of the Interstate 70 Corridor between 32nd A venue and Kipling Street and in the Kipling
Corridor between Interstate 70 and 26th Avenue as depicted in Exhibit I hereto is hereby created
and to be known as the I-70/Kipling Corridors Urban Renewal Area.
Section 4. The staff is hereby directed, with the assistance of the Wheat Ridge Urban
Renewal Authority, to commence the process for the preparation of an urban renewal plan, to be
known as the I-70/Kipling Corridors Urban Renewal Plan, to be eventually considered for
approval by the City Council.
DONE AND RESOLVED THIS I oth day of Augnst, 2009.
·a, Mayor
Exhibit 1
To
RESOLUTION NO. 39-2009
A RESOLUTION FINDING THE EXISTENCE OF BLIGHT
IN THE VICINITY OF THE INTERSTATE 70 CORRIDOR
BETWEEN 32N° A VENUE AND KIPLING STREET AND
THE KIPLING CORRIDOR BETWEEN INTERSTATE 70 AND 26TH AVENUE
Study Area
Exhibit 2
To
RESOLUTION NO. 39-2009
A RESOLUTION FINDING THE EXISTENCE OF BLIGHT
IN THE VICINITY OF THE INTERSTATE 70 CORRIDOR
BETWEEN 32ND A VENUE AND KIPLING STREET AND
THE KIPLING CORRIDOR BETWEEN INTERSTATE 70 AND 26TH AVENUE
1-70 I Kipling Corridors Conditions Survey
1-70 I Kipling Corridors Conditions Survey
...
•
Survey Area Location, Definition, and Description 13
Exhibit 2
To
RESOLUTION NO. 39-2009
A RESOLUTION FlNDING THE EXISTENCE OF BLIGHT
IN THE VIClNITY OF THE INTERSTATE 70 CORRIDOR
BETWEEN 32N° A VENUE AND KJPLlNG STREET AND
THE KLPLING CORRIDOR BETWEEN INTERSTATE 70 AND 26TH AVENUE
1-70 I Kipling Corridors Conditions Survey
/-70 I Kipling Corridors Conditions Survey
Table of Cont ents
Section 1: Survey Overview 1
Purpose 1
Methodology
Section 2: Colorado Urban Renewal Statutes and Blighted Areas 3
Section 3: Conditions Indicative of the Presence of Blight 6
Slum, Deteriorated, or Deteriorating Structures: 6
Predominance of Defective or Inadequate Street Layout 6
Faulty Lot Layout 7
Unsanitary or Unsafe Conditions: 7
Deterioration of Site or Other Improvements: 8
Unusual Topography or Inadequate Public Improvements or Utilities: 9
Defective or Unusual Conditions oflitle: 9
Existence of Conditions that Endanger Life or Property: 9
Buildings that are Unsafe or Unhealthy for Persons to Live or Work In: 1 0
Environmental Contamination of Buildings or Property: 1 0
Existence of Factors Requiring High Levels of Municipal Service: 1 0
Section 4: Survey Area Location, Definition, and Description 12
Section 5: Survey Findings 16
Slum, Deteriorated or Deteriorating Structures: 16
Predominance of Defective or Inadequate Street Layout 18
Faulty Lot Layout 20
Unsanitary or Unsafe Conditions: 21
Deterioration of Site or Other Improvements: 24
Unusual Topography or Inadequate Public Improvements 28
Defective or Unusual Conditions ofTitle: 30
Existence of Conditions that Endanger Life or Property: 30
Buildings that are Unsafe or Unhealthy for Persons to Live or Work In: 31
Environmental Contamination of Buildings or Property: 31
Existence of Factors Requiring High Levels of Municipal Services: 36
Section 6: Survey Summary and Recommendation 39
Conclusion 39
Table of Contents
/-70 I Kipling Corridors Conditions Survey
ii TableofContents
1-70 I Kipling Corridors Conditions Survey
Sectio n 1: Survey Overview
Purpose
The 1-70/ Kipling Corridors Conditions Survey ("Survey") is an examination and analysis
of various conditions found within a defined geographic area to determine ifthe
area qualifies as "blighted" within the meaning of the Colorado Urban Renewal Law.
The Survey is a necessary step if urban renewal, as defined and authorized by
Colorado staMes, is to be used as a tool by the City of Wheat Ridge CUCityj to
remedy and prevent conditions of blight. The findings and conclusions presented
in this report are intended to assist the Wheat Ridge City Council in making a
final determination as to whether the Survey Area qualifies as blighted and,
consequently, the feasibility and appropriateness of using urban renewal as a
reinvestment tool.
To conduct the Survey and prepare the Survey report, the Crty of Wheat Ridge
retained the services of Denver-based consulting firms Matrix Design Group
(planning, environmental, engineering, and design services) and Leland Consulting
Group (market, economic. and financial analysis).
Methodology
The defined geographic area ("Survey Area") examined in this conditions survey is
within the Wheat Ridge municipal boundaries as defined by the City in December of
2008. A map depicting the boundaries of the Survey Area is presented in Section 4
of this report as Exhibit 2: Survey Area Boundary and Parcel Map.
To conduct this Survey, the project team conducted a field investigation in the Fall of
2008 for the purpose of documenting factors of blight as identified in the Colorado
Urban Renewal staMes. Pertinent Geographic Information Systems (GIS) data were
obtained from the City of Wheat Ridge and subsequently analyzed by the consultant
team. Additional information was obtained from the local fire districts and the
Wheat Ridge Police, Public Works and Community Development departments.
Survey Overview 1
1-70 I Kipling Corridors Conditions SuNey
While the Survey Area's 4861egal parcels were used as the primary units of
observation during the data collection process and the field survey, in order to
organize the blight data and prepare supporting graphic illustrations ofthe findings,
these parcels were combined into 46largerublocks~ Each block, consisting primarily
of a group of contiguous parcels bounded by public rights-of-way, was assigned a
unique identification number for purposes of this Survey, as reflected in Exhibit 2:
Survey Area Boundaries.
Rnally, the Survey results and the information gathered from the City were
categorized and analyzed as to their applicability to the blight factors outlined in the
Colorado Urban Renewal statutes, and were prepared and presented in this report
for consideration by the Wheat Ridge City Council.
2 SuNey OveNiew
1-70 I Kipling Co"idors Conditions Survey
Sectio n 2: Co lora do Urb an Re ne al Sta tutes and
Bli ghted Areas
In the Colorado Urban Renewal law, Colo. Rev. Stat § 31 -25 -101 et seq. (the uurban
Renewal law"). the legislature has declared that an area of blight uconstitutes a
serious and growing menace, injurious to the public health, safety, morals, and
welfare of the residents of the state in general and munidpalities thereof; that the
existence of such areas contributes substantially to the spread of disease and crime,
constitutes an economic and social liability, substantially impairs or arrests the
sound growth of municipalities, retards the provision of housing accommodations,
aggravates traffic problems and impairs or arrests the elimination of traffic hazards
and the improvement of traffic facilities; and that the prevention and elimination of
slums and blight is a matter of public policy and statewide concern ... :
Under the Urban Renewal Law, the term "blighted area" describes an area with
an array of urban problems, including health and soda I deficiencies, and physical
deterioration. See Colo. Rev. Stat § 31 -25-1 03(2). Before remedial action can be
taken , however, the Urban Renewal Law requires a finding by the appropriate
governing body that an area such as the Survey Area constitutes a blighted area. ld.
§ 107(1 ).
The blight finding is a legislative determination by the municipality's governing
body that as a result of the presence of factors enumerated in the definition of
ublighted area; the area is a detriment to the health and vitality of the community
requiring the use of the municipality's urban renewal powers to correct those
conditions or prevent their spread. In some cases, the factors enumerated in the
definition are symptoms of decay, and in some instances, these factors are the cause
of the problems. The definition requires the governing body to examine the factors
and determine whether these factors indicate a deterioration that threatens the
community as a whole.
For purposes of the Study, the definition of a blighted area is articulated in the Urban
Renewal law as follows:
Colorado Urban Ren ewal Sta tutes and Bligh red Areas 3
I
1-701 Kipling Corridors Conditions Survey
~~Blighted area'" means an area that, in its present condition and use and, by reason of
the presence of at least four of the following factors, substantially impairs or arrests the
sound growth of the municipality, retards the provision of housing accommodations, or
constitutes an economic or soda/liability, and is a menace to the public health, safety,
morals, or welfare:
a. Slum, deteriorated or deteriorating struaures;
b. Predominance of defeaive or inadequate street layout;
c Faulty lot layout in relation to size. adequacy, accessibility, or usefulness;
d. Unsanitary or unsafe conditions;
e. Deterioration of site or other improvements;
f. Unusual topography or inadequate public improvements or utilities;
g. Defective or unusual conditions of title rendering the title non-marketable;
h. The existence of conditions that endanger life or property by fire or other
causes;
i. Buildings that are unsafe or unhealthy for persons to live or work in because
of building code violations, dilapidation, deterioration, defective design, physical
construction, or faulty or inadequate facilities;
j. Environmental contamination of buildings or property; or
k.5. The existence of health, safety, or welfare factors requiring high levels of municipal
services or substantial physical underutilization or vacancy of sites, buildings, or
other improvements"
In addition, paragraph (1.) states, "if there is no objection by the property owner or
owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such
property in an urban renewal area, 'blighted area' also means an area that in its present
condition and use and, by reason of the presence of any one of the factors specified in
paragraphs (a) to (kS) of this subsection .... "
The statute also states a separate requirement for the number of blight factors that
must be present if private property is to be acquired by eminent domain. At§ 31-
25-1 05.5(5), paragraph (a.) states, "'Blighted area' shall have the same meaning as set
forth in section 31-25-103 (2); except that, for purposes of this section only, 'blighted area'
means an area that in its present condition and use and by reason of the presence of at
least five of the factors specified in section 31-25 -103 (2)( a) to (2)(1) .... "
4 Colorado Urban Renewal Sratures and Blighted Areas
1-70 I Kipling Coffidors Conditions Survey
Thus, the state statutes require, depending on the circumstances, that a minimum
of either one, four, or five blight factors be present for an area to be considered a
"blighted area:'
Several principles have been developed by Colorado courts to guide the
determination of whether an area constitutes a blighted area under the Urban
Renewal Law. First, the absence of widespread violation of building and health
codes does not by itself, preclude a finding of blight According to the courts, "the
definition of'blighted area' contained in [the Urban Renewal Law] is broad and
encompasses not only those areas containing properties so dilapidated as to justify
condemnation as nuisances, but also envisions the prevention of deterioration."
Second, the presence of one well-maintained building does not defeat a
determination that an area constitutes a blighted area. Normally, a determination of
blight is based upon an area "taken as a whole; and not on a building-by-building,
parcel-by-parcel, or block-by-block basis.
Third, a city's "determination as to whether an area is blighted ... is a legislative
question and the scope of review by the judiciary is restricted:' A court's role in
reviewing such a blight determination is simply to verify independently if the
conclusion is based upon factual evidence and consistent with the statutory
definition.
Based upon the conditions identified in the Survey Area, this report makes a
recommendation as to whether the Survey Area qualifies as a blighted area. The
actual determination itself remains the responsibility of the Wheat Ridge City
Council.
Colorado Urban Renewal Statutes and Blighted Areas 5
1-70 I Kipling Corridors Conditions Survey
Sectio n 3: Co nditio ns In dicative of the Presence of Bli ght
As discussed in Section 2, the Colorado Urban Renewal statutes provide a list of 11
factors that, through their presence, may allow an area to be declared as blighted.
This section elaborates on those 11 factors by describing some of the conditions
that might be found within a Survey Area that would indicate the presence of those
factors.
Slum, Deteriorated. or Deteriorating Structures:
During the field reconnaissance of the Survey Area, the general condition and level
of deterioration of a building is evaluated. This examination is limited to a visual
inspection of the building's exterior condition and is not a detailed engineering
or architectural analysis, nor does it include the building's interior. The intent is to
document obvious indications of disrepair and deterioration to the exterior of a
structure found within the Survey Area. Some of the exterior elements observed for
signs of deterioration include:
Primary elements (exterior walls, visible foundation, roof)
Secondary elements (fascia/soffits, gutters/downspouts, windows/
doors, ~de finishes, loading docks, etc.)
Ancillary structures (detached garages, storage buildings, etc.)
Predominance of Defective or Inadequate Street Layout:
The presence of this factor is determined through a combination of both field
observation as well as an analysis of the existing transportation network and
vehicular and pedestrian circulation patterns in the Survey Area by persons with
expertise in transportation planning and/or traffic engineering. These conditions
include:
Inadequate street or alley widths, cross-sections, or geometries
Poor provisions or unsafe conditions for the flow of vehicular traffic
Poor provisions or unsafe conditions for the flow of pedestrians
Insufficient roadway capacity leading to unusual congestion of traffic
6 Conditions Indicative of the Presence of Blight
1-70 I Kipling Corridors Conditions Survey
Inadequate emergency vehicle access
Poor vehicular /pedestrian access to buildings or sites
Poor internal vehicular/pedestrian circulation
Excessive curb cuts/driveways in commercial areas
These conditions can affect the adequacy or performance of the transportation
system within the Survey Area, creating a street layout that is defective or
inadequate.
Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness:
This factor requires an analysis of the parcels within the Survey Area as to their
potential and usefulness as developable sites. Conditions indicative of the presence
of this factor include:
Lots that are long, narrow, or irregularly shaped
Lots that are inadequate in size
Lots with configurations that result in stagnant, misused, or unused
land
This analysis considers the shape, orientation, and size of undeveloped parcels
within the Survey Area and if these attributes would negatively impact the
potential for development of the parcel. This evaluation is performed both through
observation in the field and through an analysis of parcel boundary maps of the
Survey Area.
Unsanitary or Unsafe Conditions:
Conditions observed within the Survey Area that qualify under this blight factor
include:
Floodplains or flood prone areas
Inadequate storm drainage systems/evidence of standing water
Poor fire protection facilities
Conditions Indicative of the Presence of Blight 7
1-70 I Kipling Corridors Conditions Survey
Above average inddences of public safety responses
Inadequate sanitation or water systems
Existence of contaminants or hazardous conditions or materials
High or unusual crime statistics
Open trash dumpsters
Severely cracked, sloped, or uneven surfaces for pedestrians
Illegal dumping
Vagrants/vandalism/graffitVgang activity
Open ditches, holes, or trenches in pedestrian areas
These represent situations in which the safety of individuals, especially pedestrians
and children, may be compromised due to environmental and physical conditions
considered to be unsanitary or unsafe.
Deterioration of Site or Other Improvements:
The conditions that apply to this blight factor reflect the deterioration of various
improvements made on a site other than building structures. These conditions may
represent a lack of general maintenance at a site, the physical degradation of specific
improvements, or an improvement that was poorly planned or constructed. Overall,
the presence of these conditions can reduce a site's usefulness and desirability and
negatively affect nearby properties.
Neglected properties or evidence of general site maintenance
problems
Deteriorated signage or lighting
Deteriorated fences, walls, or gates
Deterioration of on-site parking surfaces, curb & gutter, or sidewalks
Poorly maintained landscaping or overgrown vegetation
Poor parking lot/driveway layout
Unpaved parking lot on commercial properties
8 Conditions Indicative of the Presence of Blight
1-70 I Kiplin g Corridors Conditions SuNey
Unusual Topography or Inadequate Public Improvements or Utilities:
The focus of this factor is on the presence of unusual topographical conditions that
could make development prohibitive, such as steep slopes or poor load-bearing
soils, as well as deficiencies in the public infrastructure system within the Survey
Area that could include:
Steep slopes I rock outaoppings I poor load-bearing soils
Deteriorated public infrastructure (street/alley pavement, curb,
gutter, sidewalks, street lighting, storm drainage systems)
lack of public infrastructure (same as above)
Presence of overhead utilities or billboards
Inadequate fire protection facilities/hydrants
Inadequate sanitation or water systems
Defective or Unusual Conditions ofTrtle Rendering the Title Non-Marketable:
Certain properties can be difficult to market or redevelop if they have overly
restrictive or prohibitive clauses in their deeds or titles, or if they involve an unusually
complex or highly divided ownership arrangement Examples include:
Properties with covenants or other limiting clauses that significantly
impair their ability to redevelop
Properties with disputed or defective title
Multiplicity of ownership making assemblages of land difficult or
impossible
Existence of Conditions that Endanger Life or Property by Fire and Other
Causes:
A finding of blight within this factor can result from the presence of the following
conditions, which include both the deterioration of physical improvements that
can lead to dangerous situations as well as the inability for emergency personnel or
equipment to provide services to a site:
Con ditions Indica tive o f t he Presence of Blig ht 9
1-70 I Kipling Corridors Conditions Survey
Buildings or sites inaccessible to fire and emergency vehicles
Blocked/poorly maintained fire and emergency access routes/
frontages
Insufficient fire and emergency vehicle turning radii
Buildings or properties not in compliance with fire codes, building
codes, or environmental regulations
Buildings that are Unsafe or Unhealthy for Persons to Uve or Work In:
Some of the conditions that can contribute to this blight factor include:
Buildings or properties not in compliance with fire codes, building
codes, or environmental regulations
Buildings with deteriorated elements that create unsafe conditions
Buildings with inadequate or improperly installed utility components
Environmental Contamination of Buildings or Property:
This factor represents the presence of contamination in the soils, structures, water
sources, or other locations within the Survey Area.
Presence of hazardous substances, liquids, or gasses
Existence of Factors Requiring High Levels of Municipal Services or
Substantial Physical Underutilization or Vacancy of Sites, Buildings, or Other
Improvements:
The physical conditions that would contribute to this blight factor include:
Sites with a high inddence of fire, police, or emergency responses
Sites adjacent to streets/alleys with a high incidence of traffic
accidents
10 Conditions Indicative of the Presence of Blight
1-70 I Kipling Corridors Conditions Survey
Sites with a high incidence of code enforcement responses
An undeveloped parcel in a generally urbanized area
A parcel with a disproportionately small percentage of its total land
area developed
Vacant structures or vacant units in multi-unit structures
Conditions Indicative of the Presence of 8/ighr 11
1-70 I Kipling Co"idors Conditions Survey
Section 4: SutVey Area Loca tion , Definiti on, and
Description
The 1-70 I Kipling Corridors Conditions Survey Area is located in the City of Wheat
Ridge, Colorado, roughly following a U-shaped corridor that runs north along
Interstate 70 beginning at 32nd Avenue, then east along the Interstate until Kipling
Street and finally south along Kipling Street until 26th Avenue.
The western third of the Survey Area covers property around the 1-70 I Highway
58 interchange, including commercial areas along Youngfield Street as well as
undeveloped property southwest of the interchange. The middle third of the
Survey Area is generally bounded by Ward Road on the west. Kipling on the east,
Interstate 70 on the south, and Ridge Road on the North. Rnally, the eastern third
of the Survey Area covers property around the 1-70 I Kipling interchange, as well as
property on both sides of Kipling Street south of the interchange to 35th Avenue as
well as a final set of parcels on the northwest comer of Kipling St. and 26th Avenue.
Exhibit 1: Survey Area Context, shows the location of the Survey Area within the
context of the City of Wheat Ridge and surrounding munidpalities.
The Survey Area is approximately 1,189 acres in size. Of that total, 874 acres make
up the Area's 460 real property parcels, and the remaining 315 acres are occupied
by rights-of-way. As mentioned in Section 1, the real property parcels in the Survey
Area have been combined into larger"blocks"for the purposes of this report. Exhibit
2: Survey Area Boundaries visually depicts the layout and configuration of the
Survey Area and the boundaries of the individual blocks within.
12 Survey Area Location, Definition. and Description
1-70 I Kipling Corridors Conditions Survey
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Survey Area Location. Definition. and Description 13
1-70 I Kipling Coffidors Conditions Survey
14 Survey Area Location. Definition, and Description
1-70 I Kipling Co"idors Conditions Survey
A range of land uses are found in the Survey Area, the most notable of which are:
The Applewood Village Shopping Center located northeast of the
32nd & Youngfield intersection
Various hotel, restaurant, large-format retail, and higher-density
residential uses in the vicinity of the Interstate 70 I Kipling Street
Interchange
Manufacturing and light industrial uses north of 1-70 between
Kipling Street and Ward Road
Recreational, park. residential, and small commercial uses along
Kipling Street
By acreage, the majority of the Survey Area is commercial or industrial (57%). The
next highest category is vacant or undeveloped land, which makes up more than a
third of the Area (38%). Residential is by far the least common land use, with only 5%
of the total acreage in the Survey Area being devoted to housing, with the majority
being multi-family apartment buildings.
-------------------------------------------------Survey Areo Location, Definition, and Desaiption 1 5
1-70 I Kipling Corridors Conditions Survey
Section 5: SuNey Findings
The overall findings of the 1-70 I Kipling Corridors Conditions Survey are presented
in this section. These findings are based on the analysis of data collected in a field
study conducted in the Fall of 2008.
Slum, Deteriorated or Deteriorating Structures:
As described in Section 3, Slum, Deteriorated or Deteriorating Struaures is a factor
that focuses on the physical condition of structures within the Survey Area. The
assessment of this factor was primarily performed during the field survey, with 19
blocks identified as containing at least one structure that exhibits these conditions
to a substantial degree. The following photos provide some examples of instances of
Slum, Deteriorated. or Deteriorating Structures that were found within the Survey Area.
Deteriorated roof, peeling paint, other exterior finish problems
-------------------------------------------------------------16 Survey Findings
1-70 I Kipling Corridors Conditions Survey
Boarded windows, peeling paint, deteriorated roof
Boarded windows and graffiti
Survey Findings 17
1-70 I Kipling Corridors Conditions Survey
The prevalence of these conditions within the Survey Area provide sufficient
evidence to make a finding of Slum I Deteriorated Structures.
Predominance of Defective or Inadequate Street Layout
Many of the roads in the Survey Area provide narrow or nonexistent sidewalks,
including areas where pedestrians would reasonably be expected to walk, such as
around bus stops. Additionally, the lack of road and intersection capacity to meet
automobile traffic demand in certain sections of the Survey Area, combined with an
overall lack of connectivity north of Interstate 70, can create a frustrating experience
for drivers.
According to a memorandum obtained from the Wheat Ridge Police Department
on October 31, 2008, Kipling Street in the vicinity of the 1-70 interchange (W. 44th
Ave toW. 52nd Ave) is heavily congested and consequently has a relatively high
incidence of traffic accidents.
A separate memorandum from the Wheat Ridge Public Works Department dated
November 3, 2008 further elaborates on issues with the road network in the Survey
Area. Following are some of its findings.
The Denver Regional Council of Governments' Metro Vision
Transportation plan has identified the need to widen Kipling from a
four to a six lane arterial.
• All the interchanges on Interstate 70 in the Survey Area are
inadequate for the amount of traffic they must carry. This includes
the 1-70 I Kipling St Street interchange, the 1-70 I 44th Ave /Ward
Road interchange, and the 1-70 I 32nd Ave. interchange.
18 Survey Findings
There is a general lack of east-west access in the portion of the
Survey Area north of 1-70. Similarly, there is a lack of access across the
interstate in that same area.
Numerous intersections of surface streets are inadequate in capacity,
including 49th & Kipling, 44th & Ward Road, 44th & Youngfield, and
32nd & Youngfield.
1-70 I Kipling Corridors Conditions Survey
A bus stop located in an area with no curb, gutter, or sidewalk
f
The Survey Area north of 1-70 between Kipling St. and Ward Rd. suffers from a lack of
connectivi ty
Survey Findings 19
1-70 I Kipling Corridors Conditions Survey
In total, 36 blocks within the Survey Area are documented as exhibiting this blight
factor. The circulation issues described for both automobile and pedestrian traffic
are both sufficient and widespread enough to justify a finding of Predominance of
Defective or Inadequate Street Layout within the Survey Area.
Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness:
Instances of the Faulty Lot Layout blight factor found in the Survey Area arise due to
one or more of the following reasons:
Parcels that are too small to be redeveloped under existing zoning
codes without assemblage
Parcels that are awkwardly shaped and difficult to develop under
existing zoning codes
Parcels that rely on parcel assemblages or easements on other
parcels to gain access to public roads
Information regarding parcel layouts was derived from parcel maps rather than
visual observation during the field survey.
This area just south of the Kipling I 1-70 interchange has large parcels with
poor access as well as small, narrow, and awkwardly shaped parcels
20 Survey Findings
1-70 I Kipling Corridors Conditions Survey
Generally, parcel assemblages were not assumed as a given . In other words, issues
with some parcels lacking access to public rights-of-way or sufficient space to
develop could be mitigated if parcel assemblages were to be made, but this fact
does not prevent these defective parcels from being considered to have a faulty lot
layout
A total of 27 blocks were identified that contained at least one or more lots with a
faulty layout. justifying the documentation of Faulty Lot Layout as existing within the
Survey Area
Unsanitary or Unsafe Conditions:
The presence of the Unsanitary or Unsafe Conditions factor is usually associated with
instances of deteriorating, neglected properties or in cases where safety precautions
are not taken. In the Survey Area, the biggest safety concern observed was the lack
of adequate pedestrian facilities, including on some sections of busier roads with
transit service.
Another source of blight contributing to the Unsanitary and Unsafe category is the
high level of congestion in portions of the Survey Area. As mentioned earlier, the
congestion levels in the vicinity of the 1-70 I Kipling Street interchange contribute to
an above-average incidence of police responses to traffic accidents in the area.
According to the aforementioned memorandum obtained from the Wheat Ridge
Police Department dated October 31, 2008, public safety responses to incidents
of crime are unusually high and show "clustering" near the 1-70 I Kipling Street
interchange. Many of Wheat Ridge's hotels and motels are located in this area, and
some routinely generate high levels of emergency calls.
The following images illustrate just three examples of the Unsanitary and Unsafe
blight factor which were found within the Survey Area.
Survey Fin dings 21
1-70 I Kipling Corridors Conditions Survey
Frequent curb cuts combined with a lack of sidewalks in this part of the
Survey Area present a hazardous situation for pedestrians
A lack. of road shoulders and sidewalks relegates pedestrians to
walking in the dirt or on the street
22 Survey Findings
1-701 Kipling Corridors Conditions Survey
Three buckets of an unknown substance discorded on the side of road in the Survey Area
This railroad crossing is poorly marked, very uneven, and requires a
stop shortly after the crossing, conceivably forcing larger trucks to block the tracks
Survey Findings 23
1-70 I Kipling Corridors Conditions Survey
In all, 23 separate blocks were considered to show signs of the Unsanitary or Unsafe
Conditions factor, providing sufficient evidence to warrant a finding of this type of
blight within the Survey Area.
Deterioration of Site or Other Improvements:
The most common and prolific occurrence of deterioration under this blight factor
in the Survey Area is parking surface deterioration. This includes situations where
parking blocks have not been well maintained, as well as problems with the parking
surface itself Parking surface issues range from gravel patches and small potholes
to complete deterioration of the asphalt surface to the point where the underlying
earth is exposed.
Other notable sources of this blight factor found in the Survey Area included issues
with deteriorated signs and advertisements, unpaved commercial parking lots,
excessive litter, dumping, and debris.
The photographs below show examples of instances of site deterioration and
neglect.
Shifted and uneven parking blocks
24 Survey Findings
1-70/Kip/ing Coffidors Condi tions Survey
Parking blocks strewn across lot
Deteriorated parking surface
Survey Findings 25
/-701 Kipling Corridors Conditions Survey
Deteriorated parking surface
Dilapidated signage
26 Survey Findings
/-70 I Kipling Corridors Conditions Survey
Poorly maintained site with debris from deteriorated struaure
Unpaved commerdal parking lot
Survey Fin dings 21
1-701 Kipling Corridors Conditions Survey
In total, 26 blocks showed some form of deteriorating site improvements.
Conditions pertaining to this factor are prevalent enough in the Survey Area for a
finding of Deterioration of Site or Other Improvements to be made.
Unusual Topography or Inadequate Public Improvements
In the Survey Area, topography was rarely found to be an impediment to
development or redevelopment but public infrastructure was found to be
insufficient or lacking in certain areas to the point where it could discourage future
redevelopment projects.
The most prevalent instances of this blight factor were deteriorated or nonexistent
curb I gutter, pavement, and sidewalks. Excessive overhead utilities were also
observed in numerous areas throughout the Survey Area .
The following photos show blight examples that fall under this category.
An inconsistent gravel bed substitutes for a pedestrian sidewalk along an arterial
28 Survey Findings
/-70 I Kipling Co"idors Conditions Survey
..
:t• • -.. ~: .~~
A pothole filled with gravel, lies where a curb, gutter. and sidewalk should be
A sign forces pedestrians to walk close to a busy road where there are no curb, gutter, or
sidewalks
Survey Fin dings 29
1-70 I Kipling Corridors Conditions Survey
As 20 blocks were found to contain examples of inadequate public improvements, a
finding under this factor for the Survey Area has been made.
Defective or Unusual Conditions of Title Rendering the Trde Non-marketable:
No parcels within the Survey Area have been identified as having provisions in their
titles with the potential for causing a hindrance to redevelopment However, this
does not mean that such parcels do not exist
This blight factor was not assessed during the field survey; instead, the project team
relied on information from the City of Wheat Ridge regarding the issue of overly
restrictive or defective property titles hampering redevelopment
As of the time of this writing, the project team has not received any information
indicating the existence of titles within the Survey Area restricting development,
and therefore, a finding of Defective or Unusual Conditions of Title Rendering the Tttle
Non-Marketable has not been made within the Survey Area.
Existence of Conditions that Endanger Ufe or Property by Fire and Other
Causes:
A portion of the Survey Area is located within the Arvada Rre Protection District
which provided information to the project team regarding recent fire loss and
conformance to fire codes.
Beven properties were identified in a memorandum sent by the Rre Protection
District on December 1, 2008 as having frequently violated the fire code or having
experienced fire loss. Most of these properties are located in the vicinity of the 1-70
I Kipling Street interchange, and are commercial in nature, but a few multi-unit
apartment buildings also made the list
While instances of this type of blight were found on relatively few blocks compared
to other types of blight examined thus far, significant fire safety issues did exist in a
concentrated number of larger buildings. For this reason, the project team made a
positive finding of Existence of Conditions that Endanger Ufe or Property by Rre and
Other Causes.
30 Survey Findings
1-70 I Kipling Corridors Conditions Survey
Buildings that are Unsafe or Unhealthy for Persons to Uve or Work In:
Buildings that are Unsafe or Unhealthy for Persons to Uve or Work In results in similar
findings to those found under the previous category, Existence of Faaors that
Endanger Ufe or Property by Rre or Other Causes, but expands the range of safety
issues it considers .
Aside from fire safety issues, other more minor concerns emerged, including
instances of rodent infestations, improperly installed swimming pool fendng,
bedbug infestations, and gas lines unprotected from vehicles. (Memorandum from
Wheat Ridge Community Development, December 10, 2008).
While the geographical concentration of this blight factor resulted in relatively
few blocks showing a positive finding, mostly around the 1-70 I Kipling Street
interchange, the blocks that did turn up positive often had fairly significant issues in
high-density structures. Therefore, on an overall basis, the Buildings that are Unsafe or
Unhealthy for Persons to Uve or Work In factor was found to be present in the Survey
Area.
Environmental Contamination of Buildings or Property:
This factor is generally considered present where there is documented evidence of
the existence of hazardous contaminants in the soils, water or structures of an area.
Matrix Environmental Services, Inc. conducted a review of existing environmental
data regarding properties within the Survey Area, and found properties with
sufficient evidence of some environmental contamination. The specific findings are
summarized in the following three memoranda:
Property Name: Coastal Fuel Service Station
Property Address: 5190 Ward Rd
Spill Description: gasoline_ unknown quantity, 11/25/98
SiteiD:6T
Status: Site currently impacted with petroleum greater than regulatory
standards
Survey Findings 31
1-70 I Kipling Coffidors Conditions Survey
Matrix conducted a document review for the current Coastal fuel service station at
5190 Ward Rd. (fuel service station) in accordance with practices and procedures
generally accepted by the environmental consulting industry. The fuel service
station is within the Wheat Ridge Survey Area and is considered in Matrix's
document review because there are known, documented releases associated with
their underground storage tanks. Other properties within the Survey Area may
also contain environmental impacts; however, they have not been researched as
part of this property's analysis. The review presented herein includes statements
of professional opinion and is based on documents and information provided
by and produced by others. Matrix has not performed a site walk or sampling of
environmental media of any kind. The potential exists for unreported and unknown
environmental issues associated with the fuel service station or surrounding areas
that are not identified herein. No warranties, expressed or implied, are presented
herein.
On November 3, 2008 Matrix completed a cursory review of over 50 documents
for this property at the Division of Oil and Public Safety (OPS) at the Colorado
Department of Labor and Employment The documents indicated a petroleum
release at the fuel service station occurred in November 1998. Multiple
environmental investigations have been performed on the soil and groundwater at
the fuel service station, including:
32 Survey Findings
12/1998 -Preliminary Site Assessment reports petroleum-impacted
soil.
2/1999 -Site Assessment confirms petroleum-impacted soil and
recommends a Corrective Action Plan (CAP).
6/2000-CAP selects soil vacuum extraction/air sparging (SVEIAS)
remediation technologies.
4/2007 -Monitoring Reports submitted quarterly since startup of
SVE/ AS system and 4/2007 Monitoring Report provides notice of
planned SVE/AS system shutdown.
5/2007-SVE/AS system shutdown.
9/2008 -Quarterly monitoring continues and CAP Modification
requests selection of Monitored Natural Attenuation (MNA) as
remediation strategy to achieve cleanup standards.
1-70 I Kipling Co"idors Conditions Survey
10/2008 -OPS had not responded to MNA request.
According to the most recent Quarterly Groundwater Monitoring report available
at the time of Matrix's document review, the subsurface at the fuel service station
is still impacted with petroleum hydrocarbons at concentrations greater than
Colorado regulatory standards. Based on, and at the time of, the Matrix file review,
documented environmental impacts from petroleum hydrocarbon releases are still
present at this site within the Survey Area.
Property Name: Amoco Service Station #521 5
Property Address: 3805 Kipling St.
Spill Description: gasoli~ unknown quantity, discovered 5/8/89
SiteiD: 128
Status: Site currently impacted witf1 petroleum greater than regulatory
standards
Matrix conducted a document review for the current Amoco fuel service station at
3805 Kipling St (fuel service station) in accordance with practices and procedures
generally accepted by the environmental consulting industry. The fuel service
station is within the Survey Area and is considered in Matrix's document review
because there are known, documented releases associated with their underground
storage tanks. Other properties within the Survey Area may also contain
environmental impacts; however, they have not been researched as part of this
property's analysis. The review presented herein includes statements of professional
opinion and is based on documents and information provided by and produced by
others. Matrix has not performed a site walk or sampling of environmental media
of any kind. The potential exists for unreported and unknown environmental issues
associated with the fuel service station or surrounding areas that are not identified
herein. No warranties, expressed or implied, are presented herein.
On November 3, 2008 Matrix completed a cursory review of over 40 documents
for this property at the Division of Oil and Public Safety (OPS) at the Colorado
Department of labor and Employment The documents indicated a petroleum
release at the fuel service station discovered in May 1989. Multiple environmental
investigations have been performed on the soil and groundwater at the fuel service
station, including:
Survey Findings 33
1-70 I Kipling Corrido rs Condition s Survey
4/1995 -Supplemental Investigation details petroleum -i mpacted
groundwater.
10/1996 -Corrective Action Plan (CAP) proposes Monitored Natural
Attenuation (MNA) with quarterly groundwater monitoring and free
product removal if it appears in monitoring wells. OPS accepted CAP.
5/2003 -Groundwater monitoring continued quarterly, but CAP
Modification proposed to include soil vacuum extraction/air
sparging (SVfJAS) system pilot study.
9/2003 -CAP Addendum submitted selecting Enhanced Fluid
Recovery (EFR) and MNA as technologies to achieve cleanup
standards.
6/2004 -4,700 gallons of groundwater/free product removed from
subsurface by vacuum.
9/2008 -Groundwater monitoring continued quarterly, this
monitoring report states clean up goal of March 20091ikely will not
be achieved. One monitoring well reported to have 0.06 feet of free
product present
According to the most recent Quarterly Groundwater Monitoring report available at
the time of Matrix's document review, the subsurface at the fuel service station is still
impacted with petroleum hydrocarbons at concentrations greater than Colorado
regulatory standards. Based on, and at the time of, the Matrix file review, there are
documented environmental impacts from petroleum hydrocarbon releases still
present at this site within the Survey Area.
Property Name: Circle K Service Station 12709885
Property Address: 4885 Kipling St.
Spill Description: gasoline, unknown quantity, 8/28/06
SiteiD: 13F
Status: Site currently impacted with petroleum greater than regulatory
standards
Matrix conducted a document review for the current Texaco fuel service station at
4885 Kipling St (fuel service station) in accordance with practices and procedures
generally accepted by the environmental consulting industry. The fuel service
------------------------------------------------34 Survey Rndlngs
1-70 I Kipling Corridors Condition s Survey
station is within the Survey Area and is considered in Matrix's document review
because there are known, documented releases associated with their underground
storage tanks. Other properties within the Survey Area may also contain
environmental impacts; however, they have not been researched as part of this
property's analysis. The review presented herein includes statements of professional
opinion and is based on documents and information provided by and produced by
others. Matrix has not performed a site walk or sampling of environmental media
of any kind . The potential exists for unreported and unknown environmental issues
associated with the fuel service station or surrounding areas that are not identified
herein . No warranties, expressed or implied, are presented herein .
On November 3, 2008 Matrix completed a cursory review of over 50 documents
for this property at the Division of Oil and Public Safety (OPS) at the Colorado
Department of Labor and Employment The documents indicated a petroleum
release at the fuel service station reported in August 2006. Multiple environmental
investigations have been performed on the soil and groundwater at the fuel service
station, including:
11/2006 -Site Summary Form received
1/2007 -Site Characterization Report presents sampling results for
petroleum -impacted groundwater.
11/2007 -Site Characterization Report Addendum with updated
petroleum-impacted groundwater results.
4/2008 -Corrective Action Plan (CAP) selecting Monitored Natural
Attenuation (MNA) with quarterly monitoring.
7/2008 -OPS approves CAP.
According to the most recent documents and correspondence available at the
time of Matrix's document review, the subsurface at the fuel service station is still
impacted with petroleum hydrocarbons at concentrations greater than Colorado
regulatory standards. Based on, and at the time of, the Matrix file review, there are
documented environmental impacts from petroleum hydrocarbon releases still
present at this site within the Survey Area.
Survey Rndings 35
1-70 I Kipling Corridors Conditions Survey
The ongoing contamination at the three gas station properties has lead the project
team to conclude that the Environmental Contamination of Buildings or Property
exists within the Study Area, and have made a positive finding of this type of blight.
Existence of Factors Requiring High Levels of Munidpal Services or
Substantial Physical Underutilization or Vacancy of Sites, Buildings, or Other
Improvements:
The Wheat Ridge Police Department analyzed data from its Computer-Aided
Dispatch and Records Management System collected over the past year to
determine any patterns of unusual law enforcement throughout the Survey Area.
This effort identified several properties and rights-of-way near the 1-70 & Kipling
interchange area that received high numbers of'priority one' emergency calls in the
past year. These properties include numerous high-density hotel and residential
properties which generated anywhere between 100 and 450 calls for service each
in the past year, disproportionately burdening the Police Department's limited
resources.
Additionally, vehicle crimes including theft and break-ins are also frequent in the
Survey Area, showing "clustering• near the 1-70 I Kipling Street interchange when
displayed geographically. A secondary cluster is present just north of 32nd &
Youngfield, in the southwestern portion of the Survey Area.
Rnally, vacancies were found in the Survey Area to a moderate degree. (Five blocks
were found to have vacant structures on them, or have multi-unit commercial
structures with a significant portion of the units sitting vacant). Other portions of
the Survey Area were found to be largely undeveloped or underdeveloped, despite
being in an urbanized area. The combination of high crime statistics and public
safety calls and the presence of vacant structures and underutilized land provides
sufficient evidence for the finding of the Existence of High Levels of Municipal Services
or Substantial Physical Underurilizarion or Vacancy factor.
36 Survey Findings
1-70 I Kipling Co"idors Conditions Survey
Vacant storefront
Vacant storefront
Survey Findin gs 3 7
1-70 I Kipling Corridors Conditions Survey
Vacant underutilized property
In total, 33 of the 46 blocks showed either high levels of vacancy or required
unusually high levels of municipal service in the past year.
38 Survey Findings
1-70 I Kipling Corridors Conditions Survey
Sectio n 6: Survey Sum mary and Recom mend atio n
Within the entire Survey Area, ten of the eleven blight factors were identified as
being present The blight factors identified are:
Slum I Deteriorated Structures
Predominance of Defective or Inadequate Street layout
Faulty Lot layout in Relation to Size, Adequacy, or Usefulness
Unsanitary or Unsafe Conditions
Deterioration of Site or Other Improvements
Unusual Topography or Inadequate Public Improvements or Utilities
Existence of conditions that endanger life or property by fire and
other causes
Buildings that are unsafe or unhealthy for persons to live or work in
Environmental contamination of buildings or properties
High Levels of Municipal Services or Underutilization or Vacancy of
Sites, Buildings, or Other Improvements
As discussed in Section 2, in order for an area to be declared blighted, a certain
number of the eleven blight factors must be found within the Survey Area. Four
of the eleven factors is the required minimum, unless none of the property owners
or tenants object to being included within an urban renewal area; then, the
required minimum is only one of the eleven factors. In the event however, that
eminent domain is to be used to acquire property within the urban renewal area,
the required minimum is five of the eleven factors. Since ten blight factors were
identified within the Survey Area, a sufficient number of blight factors exist under
any of the above scenarios.
Condusion
It is the recommendation of this conditions survey report to the Wheat Ridge City
Council that the Survey Area , in its present condition, contains a sufficient number of
blight factors as required by the Colorado urban renewal laws for the Survey Area to
be declared a "blighted area:' Whether or not the documented blight "substantially
Srudy Summary and Recommendation 39
1-70 I Kipling Corridors Conditions Survey
impairs or arresrs the sound growth of the municipality, retards the provision of housing
accommodations, or constitutes an economic or social liability. and is a menace to the
public health, safety, morals, or welfare" is a determination that must be made by the
Wheat Ridge City Council.
-------40 Srudy Summary and Recommendation