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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 § c:: 8 0::: 0 ~ w ~ > ~ z ~ w ::;, V) 0 .;..:. ;§ ~ 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