HomeMy WebLinkAboutResolution-2001-0016
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RFCORDED IN JEFFERSON COUNTY, COLORADO
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO 16-2001
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'7 TITLE
Series of 2001
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A RESOLUTION FINDING THE EXISTENCE OF BLIGHT IN THE
VICINITY OF WARD ROAD AND 44TH A VENUE
WHEREAS, the Urban Renewal Law of Colorado (931-25-101 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 Ward Road and 44th Avenue, which study area is depicted on Exhibit
1 hereto (hereafter the"' Study Area"). and
WHEREAS, following requests for proposals and responses thereto, Arthur L.
Anderson and Associates, Inc (" Anderson") was chosen to conduct such blight analysis, and
WHEREAS, the Board of Commissioners of the Wheat Ridge Urban Renewal
Authority (the Authority) was presented with such analysis, and reviewed and considered the
evidence and factors of blight presented to it at its public meeting on July 9, 2001 by Anderson
representatives, and
WHEREAS. based upon the blight analysis and information presented to it, the
Authority enacted Resolution No 01-03 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 931-25-104 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 accordam:e with 931-25-104 C R.S of the Urban Renewal Law, a
public hearing was held on July 23, 2001, 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, at such public hearing the City Council was presented evidence of the
existence of factors of blight within the Study Area.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat
Ridge as follows
Section 1. Based upon the blight analysis by Anderson, which analysis and
document was presented to Council al 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 S31-25-l03(2), the City Council hereby finds that the folIowing 2-
factors of blight, as defined by such law, exist in the vicinitv of Ward Road and 44[11 A venue.
within the City of Wheat Ridge, Jefferson County, Colorado
A Slum, Deteriorated or Deteriorating Structures Dwelling structures,
garages and accessory buildings are in a deteriorated or damaged condition. An
irrigatIOn ditch also has substantial damage and deterioration within the study area.
B Predominance of Defective or Inadequate Street Layout. This factor of
blight is represented in the area by a significant lack of curbs, gutters, sidewalks and
pedestrian access. There are also inadequate and inconsistent street rights-of-way and
excessive curb cuts creating confusion for motorists Two major thoroughfares through
the area abruptly discontinue at dead ends The Interstate 70 interchange in the area
has substantial operational safety and access defIciencies.
C Faulty Lot Layout In Relation To Size, Adequacy, Accessibility
or Usefulness. Irrigation ditches criss-crossing the study area have a prescriptive legal
right to enter private property for maintenance purposes. Property owners must
accommodate maintenance equipment and maintenance activities limiting their net
useable properties. access thereto, adversely affecting the layout of properties and
effectively reducing the size of properties
One parcel of property and a residence thereon encroaches upon the
right-of-way of a public street.
D Unsanitary or Unsafe Conditions. Between late 1999 and early 2001,
police records indicate that two business entities (17 % of all businesses in the study
area) produced 86% of law enforcement and crime related activities Such incidents
included drugs and liquor violations, assaults, drunk driving, drunkenness (necessitating
detoxification), vehicular hit and run, disturbances, burglaries and thefts, bomb threats
and traffic violations
Other unsafe conditions include inadequate drainage and flooding,
streets which cannot accommodate emergency vehicles, dangerous conflicts between
trucks and pedestrians because of no sidewalks or accommodations for pedestrians and
extensive curb cuts, no handicap access or accommodations, paving on only portions of
streets limiting access of mOlOrists, emergency vehicles and pedestrians, open irrigation
ditches causing safety problems for children or pedestrians and access thereto by
vehicles, fire dangers, inadequate and conflicting street access for trucks, the Interstate
70 interchange operational safety and access deficiencies, oil and fuel pollution in
inadequate drainage facilities and zoning violations
E Deterioration of Site or Other Improvements. Examples of this factor
of blight include irrigation ditches are overgrown with weeds restricting water flow
and causing flooding of adjacent properties, storage of vehicles and equipment in water
detention facilities reducing detention purposes and causing overflow of water; houses
and garages in deteriorating conditions, presence of junk, rubble, unused equipment
and junked and inoperable trailers and vehicles, improper storage facilities and other
zoning violations, drainage overflow and flooding, deterioration of irrigation ditches
and walls, deterioration of streets and parking lots, damage to and deterioration of
landscaped areas, deteriorating curbs, gutters and whatever sidewalks exist in area,
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weeds and overgrown trees and vegetation, deteriorated signs, inadequate and 3
deteriorated drainage facilities
F Unusual Topography Unusual slope conditions exist in the vicinity of
the 4600 block area of Tabor Street making development and access to the site very
difficult.
G Defective or Unusual Conditions of Title Rendering The Title Non-
Marketable In the 12000 block of West 44lh A venue, a structure is constructed in the
public right-of-way of Wright Street. The property cannot be marketed in this
condition
H The Existence of Conditions that Endanger Life or Property By Fire or
Other Causes Some illustrations of conditions that endanger life or property include
significant physical deterioration of dwelling, garage and outbuilding on Tabor Street;
storage of wooden boxes and pallets in the Tabor Street area pose fire hazards, used oil
in a storage chamber overflowed into a detention pond and flowed into creeks and
properties causing a significant pollution threat and one detention pond has petroleum
contamination in the water
I. Environmental Contamination of Buildings of Property There has
been attempted remediation of underground petroleum contamination in the 12000
block of West 44lh Avenue However, the state Oil Inspection Service (01S) has
refused to release the property owner from any liability that may be associated with a
contamination at or from the site According to the OIS the site may still be polluted
and should be considered as environmentally contaminated.
The oil which overflowed into a detention pond and into properties and
creeks also polluted one of the irrigation ditches.
One of the detention ponds on West 44th A venue contains petroleum
contamination.
J Inadequate Public Improvements or Utilities. Inadequate public
improvements in the area include no sidewalks, curbs and gutters in many areas,
inadequate street rights-of-way; deteriorated asphalt in streets, the inadequate and
deficient interchange at Interstate 70 and Ward Road and 44lh Avenue, the truck return
along 44lh Avenue presents dangers to pedestrians, trucks and autos and only a portion
of Van Gordon Street is paved causing access and congestion problems.
Section 2. The City Council finds that the vicinity of Ward Road and 44lh Avenue,
in its present condition and use and by reason of the presence of the foregoing factors of blight,
substantially impairs the sound growth of the City of Wheat Ridge, constitutes an economic or
social liability and is a menace to the public health, safety and welfare of the community
Section 3. An urban renewal area within the City of Wheat Ridge in the general
vicinity of Ward Road and 44lh A venue as depicted on Exhibit 1 hereto is hereby created and to
be known as the Ward Road/44u, Avenue Redevelopment 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
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plan, to be known as the Ward Road/44th A venue Redevelopment Plan, to be eventually /, f
considered for approval by the City Council 7
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DONE AND RESOLVED this j:)
ATTEST
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Exhibit 1
44th Avenue Corridor
A tract of land in the North-Half of SectIOn 20, TownshIp 3 South, Range
69 West of the 6th Principal Meridian, more partIcularly described as follows:
Commencing at the Southwest Comer of the Northeast 1/4 of said SectlOn 20,
whence the Northwest Comer bears NOoo15' 12"W, a distance of2642.34 feet;
Thence proceedmg on a beanng ofN44 051 'II "E a distance of 2834.25 feet, to a pomt
on the East Right-Of-Way Ime of Tabor Street, Said pomt beIng the True Point or
Becinninc.
Thence SOo027'32"E a distance of 1288 58 feet, on and along the East Right-Or-Way
line of Tabor Street, to a pOInt on the North Right-Or-Way lIne of West 44th Avenue,
Thence S05028'23"W a distance of 96.77 feet to a pomt on the South Right-Of-Way
lme of West 44th A venue, Said pomt also bemg the Northwest comer of a parcel as
recorded at the Reception Number F0877551 In the offiCial records of Said County of
Jefferson, State of Colorado;
Thence SOo027'35"E a distance of 51460 feet, on and along the East Right-Or-Way
lme of Tabor Street
Thence S890 19'26"W a dIstance of 349 10 feet, on and along the South lme of a parcel
as recorded at the Reception Number F0712510 in the officIal records of Said County of
Jefferson, State of Colorado to a pOInt, Said pomt bemg on the East lme of Westlake
Park Subdivision, as recorded In the offiCial records of Said County of Jefferson, State of
Colorado;
Thence NOOo 15'12"W a distance of 217 12, on and along the East Ime of Said
Westlake Park SubdivIsIOn to a pomt, Said point beIng the Southeast comer of a parcel as
recorded at the Reception Number F0664188 m the offiCial records of Said County of
Jefferson, State of Colorado,
Thence S89024'04"W a distance of 468.87 feet, on and along the South lme of Said
parcel, to a pomt on the East hne of a parcel as recorded at the Reception Number
93125444 m the offiCial records of Said County of Jefferson, State of Colorado,
Thence SOo027'59"E a distance of 63.87 feet, on and along Said East Ime to the
Southeast comer of Said parcel;
Thence S89026'14"W a dIstance of 322 80 feet, on and along the South lme of said
parcel, also bemg the North lIne of Westlake Park Subdivision, to a pomt on the East
Right-Or-Way lme of Van Gordon Street:
Thence SOooI5'15"E a distance of 162.27 feet, on and along Said East Right-Of-Way
lme,
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Thence N89040'57"W a distance of 45.11 feet, to a pomt on the West Right-Of-Way
line of Van Gordon Street, said pomt also bemg the Northeast comcr of a parcel as
recorded at the Reception Number 91077580 m the official rccords of said County of
Jefferson, State of Colorado,
Thence SOOo 14'34"E a dIstance of 21 0 00 feet, on and along the East lme of said
parcel;
Thence N89041' 11 "W a dIstance of 259 54 feet, on and along the South lme of said
parcel, Said Ime also bemg the North Ime of Westlake Park Subdivision, as recorded In
the official records of said County of Jefferson, State of Colorado,
Thencc NOooI5'13"W a distance 158.17 feet, on and along the West Ime of said
parcel, also bemg the East line of Jensen Subdivision, as recorded m the official records
of said County of Jefferson, State of Colorado;
Thence N89041 '06"W a dIstancc of 100 00 feet, on and along the North Ime of said
Jensen SubdIvlslOn to a pomt, said point bemg the Southwest comer of a parcel as
recorded at the Reception Number F0696261 In the offiClal records of said County of
Jefferson, State of Colorado;
Thence NOOo 15'13 "W a distance of 400.00 feet, on and along the West Ime of said
parcel, also bemg the East line of said Jensen Subdivision,
Thence N89041' 15"W a distance of 214.49 feet, on and along the South Ime of a
parcel as recorded at Book 1882 Page 759 m the offiCial records of said County of
Jefferson, Statc of Colorado, to a pomt on the West Right-Of-Way line of ViVian Street;
Thence NOOo 15'13"W a distance of 54.13 feet, on and along said West RIght-Of- Way
Ime,
Thence N89057'0 1 "W a distance of 150 00, on and along the South line of a parcel as
recorded at Book 2365 Page 310 m the offiCial records of SaId County of Jefferson, State
of Colorado,
Thence NOOo 15' 12 "W a distance of 147 00 feet, on and along the West hne of Said
parcel, to a pomt on the South Right-Of-Way hne of West 44th Avenue;
Thence S89049'39"W a distance of 196 12 feet, on and along SaId South Rlght-Of-
Way lmc to a pomt, said pomt bemg the Northeast corner of a parcel as recorded at the
Reception Number 84066140 In the offiCial records of Said County of Jefferson, State of
Colorado;
Thence SOoo45'0 1 "E a dIstance of 206.21 feet, on and along the East Ime of Said
parcel,
Thence S890 11 '48"W a distance of 111 99 feet, on and along the South hne of Said
parcel to a pOint on the West Right-Of-Way line ofWnght Street;
Thence NOoo44'59"W a dIstance of207.88 feet, on and along Said West Rlght-Of-
Way lme to a pomt on the South Right-Of-Way Ime of West 44th Avenue;
Thence S89" 13'46"W a distance of 200.00 feet, on and along said South Rlght-Of-
Way Ime to a pomt, Said pomt bemg the Northeast corner of a parcel as recorded at the
Reception Number F1200212 m the offiCIal records of Said County of Jefferson, State of
Colorado;
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Thence SOoo45'24"E a distance of 165.07 feet, on and along the East lme of said
parcel,
Thence S890 11'39"W a distance of 96.00 feet, on and along the South lme of said
parcel to a pomt on the East Right-Of-Way Ime of Xenon Strcet;
Thence SOoo45'03"E a distance of82 42 feet, on and along said East Right-Of-Way
Ime;
Thence N89056'58"W a distance of 181.33 feet to a pomt, Said point also beIng the
Southwest comer of a parcel as recorded at the Reception Number F0836462 m the
official rccords of said County of Jefferson, State of Colorado,
Thence SOoo02'45"W a distance of 62.34 feet to a pomt, said pomt bcmg the
Southeast comer of Parcel #3 as recorded at the Reception Number F1227059 m the
official records of said County of Jefferson, State of Colorado;
Thence S89053'23"E a distance of 5.20 feet to a pomt, Said pomt beIng the Northwest
comer of a parcel as recorded at Book 3025 Page 950 In the official records of Said
County of Jefferson, State of Colorado;
Thencc SOoo35'30"E a distance of203.36 feet, on and along the West line ofsald
parcel to a pomt, Said pomt bemg on the South lme of Parcel #2 as recorded at the
Reception Number F1227059 m the offiCial records of Said County of Jefferson, State of
Colorado;
Thence N89056'58"W a distance of 295.43 feet, on and along the South lme of said
parcel to a pomt on the Easterly Right-Or-Way line of the Colorado Department of
Transportation (CDOT);
Thence N28024"28"E a distance of 231.13 feet, on and along Said Easterly CDOT
Right-Of-Way lme,
Thence N29034'33 "E a distance of 1 04.64 feet, on and along Said Easterly CDOT
Right-Of-Way lme;
Thence N29029'55"E a distance of 128.64 feet, on and along Said Easterly CDOT
Right-Or-Way lme;
Thencc N67049'27"E a distance of 206 52 feet, on and along Said Easterly CDOT
Right-Or-Way lme, also bemg the North lme of a parcel as recorded at the Reception
Number F0836462 In the offiCial rccords of Said County of Jefferson, State of Colorado,
to a point on the West Right-Or-Way lme of Xenon Street;
Thence NOOoI9'56"W a distance of32.67 feet, on and along Said West Right-Of-Way
Ime to a pomt on the South Right-Of-Way lme of West 44th Avenue;
Thence N36026'32"E a distance of 149.21 feet, to a pOInt on the North Right-Of-
Way hne of West 44th Avenue;
Thence N48034'43"E a distance of 177.30 feet, on and along Said Easterly CDOT
Right-Or-Way lme, also being the West lme of a parcel as recorded at the Reception
Number F0991194 m the offiCial records of said County of Jefferson, State of Colorado,
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Thence NMo55'0 I "E a dIstance of 32474 feet, on and along the Northerly Ime of said
parcel, and along the North Ime of a parcel as recorded at the Reception Number
F0299509 m the officIal records of said County of Jefferson, State of Colorado, also
beIng the Southeasterly CDOT Right-Of-Way Ime, to a pomt on the West Right-OC-
Way Ime of Ward Road,
Thence N61 o38'54"E a dIstance of 115.61 feet, to a pomt on the East Right-DC-Way
Ime of Ward Road, also bemg the Northwest corner of Public Storage Amended
Subdivision, as recorded m the officIal records of saId County of Jefferson, State of
Colorado;
Thence N64005'39"E a distance of 184.60 feet, on and along the North lme of saId
PublIc Storage Amended SubdivIsion, also beIng the Southerly CDOT Right-Of-Way
lme;
Thence N72044'09"E a distance of 38756 feet, to a pomt on said Southerly CDOT
Right-Of-Way lme, said pomt bemg the Northwest corner of a parcel recorded at the
Reception Number 78117309 m the officIal records of saId County of Jefferson, State of
Colorado;
Thence N52040'25"E a distance of223.10 feet, on and along the North lIne of saId
parcel, also bemg saId Southerly CDOT Right-Of-Way Ime;
Thcnce N64 o22'38"E a dIstance of 607.18 feet, on and along the North lIne of saId
parcel, also beIng Said Southerly CDOT Right-OC-Way lme;
Thence NOOO 15'39"W a distance of 17.57 feet, on and along said Southerly CDOT
Right-OC-Way lIne,
Thence N64010'38"E a distance of 648.80 feet, to a pOInt on the West Right-Of-Way
Ime of Tabor Street, also beIng the Northeast comer of a parcel as recorded at the
Reception Number F0811522 In the offiCial records of said County of Jefferson, State of
Colorado,
Thencc N65043'14"E a distance of 108.32 feet, to the True Point of Bel?inninl?.
The area described above contains 2,851,196 square feet
(65.4545 acres), more or less.
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The drafter of thIs descnptlOn IS DaVid F Brossman, P.L.S., prcpared 10/11/01 on behalf
of the Wheat Ridge Urban Renewal Authonty, 7500 W 29th Ave., Wheat Ridge, CO 80215-
6713, and IS not to be construed as a monumented land survey
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Ward Rd.
Exhibit 1
Tabor St.
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