HomeMy WebLinkAbout11479RESOLUTION NO. 11479
A RESOLUTION MAKING LEGISLATIVE FINDINGS THAT
AN AREA OF THE CITY OF PUEBLO KNOWN AS THE
SOUTH SAINT CHARLES INDUSTRIAL PARK IS A
BLIGHTED AREA AND APPROPRIATE FOR AN URBAN
RENEWAL PROJECT
WHEREAS, MTA Planning and Architects (the Consultants) have been retained by
the Urban Renewal Authority of Pueblo, Colorado (the Authority) to conduct studies and
surveys of the area (Area) described in Exhibit A, attached to and incorporated herein, to
determine if the Area contains factors included in the definition of "blighted area" in the
Colorado Urban Renewal Law Sections 31 -25 -101, et seq., C.R.S., (the Act); and
WHEREAS, the Consultants prepared, submitted and presented to the City Council
a document entitled "Saint Charles Area Conditions Survey" (the Survey) dated October
9, 2008, which Survey is incorporated herein by this reference, and which describes in
detail the conditions in the Area that are summarized in Section 1, below;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Based on a review of the Survey and in accordance with the Act, the City Council
finds and determines that the Area is a "blighted area" as defined in Section 31 -25- 103(2),
C. R. S, and by reason of the presence of the following factors the Area substantially
impairs or arrests the sound growth of the City, retards the provision of housing
accommodations, constitutes an economic and social liability, and is a menace to the public
health, safety, morals or welfare in its present condition and use. The City Council finds
and determines that the following factors exist in the Area:
a. Predominance of defective or inadequate street layout;
b. faulty lot layout in relation to accessibility;
C. unsanitary or unsafe conditions;
d. deterioration of site or other improvements;
e. substantial physical underutilization or vacancy of sites.
SECTION 2.
The City Council further finds and determines the Area is appropriate for an
urban renewal project pursuant to the Colorado Urban Renewal Law.
SECTION 3
This Resolution is effective upon its approval by the City Council.
BY: Randy Thurston
Councilperson
PRt
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ATTESTED aY
{
CLERK
INTRODUCED: December 22, 2008
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 2
DATE: DECEMBER 22, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION MAKING LEGISLATIVE FINDINGS THAT AN AREA OF THE CITY
OF PUEBLO KNOWN AS THE SOUTH SAINT CHARLES INDUSTRIAL PARK IS A
BLIGHTED AREA AND APPROPRIATE FOR AN URBAN RENEWAL PROJECT
ISSUE
Should City Council determine the proposed Saint Charles Industrial Park Urban
Renewal Project Area as a blighted area as defined in C.R.S. Section 31 -25- 103(2).
RECOMMENDATION
Approve the Resolution.
BACKGROUND
The Saint Charles Area Conditions Survey, prepared by MTA Planning and
Architecture, reflects conditions of blight as required by the Urban Renewal Law of the
State of Colorado (C.R.S. 31 -25 -103 (2)). Approval of this Resolution determines that
blight conditions exist within the proposed project area. Approval of this Resolution is a
prerequisite of City Council consideration of the urban renewal project area plan. Four
blight conditions must be present in order to determine if the proposed project area is fit
for an urban renewal project area plan. The Conditions Survey found six (6) conditions
of blight within the proposed project area.
FINANCIAL IMPACT
No financial impact associated with approval of this Resolution.
Saint Charles Area
Conditions Survey
Urban Renewal Authoritv of Pueblo, Colorado
October 9, 2008
Prepared by:
MTA Planning & Architecture
Fort Collins - Pueblo
Contents
1.0 Survey Objective and Scope .......................... ............................... 3
2.0 Survey Area ............................................... ............................... 4
3.0 Survey Methodology ................................... ............................... 5
4.0 Survey Findings ......................................... ............................... 5
4.1 Conditions that Qualify Exclusively as Blight Factor `B ": Pre-
dominance of Inadequate Street Layout .... ............................... 5
4.2 Conditions that Qualify as Both Blight Factor " B" and "C ":
Predominance of Inadequate Street Layout & Faulty Lot Layout in
Relation to Accessibility ...................... ............................... 6
4.2.a. Barrier #1: 1 -25 ................. ............................... 6
4.2.b. Barrier #2: The North -South Railroad ..................... 7
4.2.c. Barrier #3: The Topography ... ............................... 7
4.2.d. Barrier #4: The Railyard ....... ............................... S
4.3 Conditions that Qualify as Blight Factor "D ": Unsanitary or Unsafe
Conditions........................................ ............................... 10
4.4 Conditions that Qualify as Blight Factor "E ": Deterioration of Site
Improvements ................................. ............................... 14
4.4.a. Abandon Waterways ............ ............................... 14
4.4.b. Abandon Railroad Lines ..... ............................... 16
4.5 Conditions that Qualify as Blight Factor "F ": Unusual Topography.. 17
4.6 Conditions that Qualify as Blight Factor "K.5 ": Substantial Physical
Underutilization Or Vacancy of Site ...... ............................... 19
5.0 Survey Conclusions ..................................... ............................... 19
Appendix A: The Southwest Saint Charles Subarea ....... ............................... 20
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1.0 Survey Objective and Scope
In accordance with Colorado State law, C.R.S. Section 31 -25 -107, an urban renewal
authority can include within an urban renewal planning area, properties or land areas
determined to be a slum, blighted areas, or a combination thereof, if a municipality
designates such area as appropriate for an urban renewal project. A blighted area is
defined in C.R.S. Section 31 -25- 103(2) where it states:
"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 social liability, and is a menace to the public health, safety,
morals, or welfare:
(a) Slum, deteriorated, or deteriorating structures;
(b) Predominance of defective 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 nonmarketable;
(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;
(k) (Deleted by amendment, L. 2004, p. 1745, § 3, effective June 4, 2004.)
(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; or
(l) 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 (U) of this
subsection (2), substantially impairs or arrests 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. For purposes of
this paragraph (1), the fact that an owner of an interest in such property does not object to
the inclusion of such property in the urban renewal area does not mean that the owner has
waived any rights of such owner in connection with laws governing condemnation.
2.0 Survey Area
Figure I is a map identifying the study area within a larger context. Figure 2 is an aerial
nhotoeranh of the studv area.
Figure 1 —Vicinity Map
Area (Conditions Survey Study Area in Red)
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3.0 Survey Methodology
The expanded blight study area was visually examined, including site reconnaissance and
inspection from an airplane, between July 2008, and September 2008 by Troy W. Jones,
AICP and Mikal Torgerson, AIA. Relevant conditions were documented, photographed,
and compared with the blight factors mentioned above.
4.0 Survey Findings
4.1 Conditions that Qualify Exclusively as Blight Factor "B" Predominance of
Inadequate Street Layout
There exists no interior street network on the site which contributes to the predominance
of an inadequate street layout in the study area (blight factor `B ").
Study :Area
r.
Image 3: No Interior Street Network Exists on the Eastern Portion of the Study
4rea
4.2 Conditions that Qualify as both Blight Factors "B" and "C ": Predominance of an
Inadequate Street Layout & Faulty Lot Layout in Relation to Accessibility
The site has several substantial barriers that inhibit accessibility and would inhibit the
ability to have a fully interconnected street network with the site's surroundings.
4.2.a Barrier #1: 1-25
Interstate 25 runs along the entire west side of the study area. There are only 2
opportunities for a local street network to cross 1 -25 in this area, namely the
interchange at Lime Road (the southwest corner of the study area), and an un-
named road that crosses under 1 -25 approximately 1.7 miles north of the Lime
Road exit. Otherwise there is no opportunity for a street network to get from the
site to the west. The location of 1 -25 in relation to the rest of the site contributes
to the predominance of an inadequate street layout in the study area (blight
factor "B "). Additionally, the limited access nature of 1 -25 adjacent to the site
causes the site to have faulty lot layout in relation to accessibility (blight factor
"C
$tudy Area
t
/T F:
Image 1: Interstate 25 on the IcR looking north
31
& Lime Road
` shy Area
31
& Lime Road
4.2.b. Barrier #2: The North -South Railroad
The north -south Railroad has a 100 feet wide right -of -way with two train tracks
that runs north -south through the middle of the study area. The only existing
crossing of these railroad tracks in the study area is an at grade crossing on Lime
Road at the southern edge of the study area. The location of this railroad through
the middle of the study area contributes to the predominance of an inadequate
street layout (blight factor `B ") and causes the study area to have faulty lot
layout in relation to accessibility (blight factor "C ").
4.2.c. Barrier #3: The Topograph
The Saint Charles River runs parallel, but just outside the east boundary of the
study area. The study area does, however include a fairly steep valley wall that
parallels the creek. The slope of this valley wall also includes a multitude of
gullies. A combination of the existence of the creek, the steepness of the valley
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wall, and the predominance of the gullies make the potential for an integration of
a street network between high ground above the valley wall, with the road near
the creek bottom, and ultimately to the land on the other side of the creek,
problematic. The existence of these topographic conditions contributes to the
predominance of an inadequate street layout (blight factor "B ") in the study
area and causes the site to have faulty lot layout in relation to accessibility
(blight factor "C" ).
4.2.d. Barrier #4: The Railvard
The Chemetron railyard runs along the portion of the north boundary of the study
area east of the main north -south railroad. There are no street crossings of this
railyard, and therefore there is no opportunity for a street network to get from the
study area to the north. The location of this railyard contributes to the
predominance of an inadequate street layout (blight factor `B ") in the study
area and causes the site to have faulty lot layout in relation to accessibility
(blight factor "C ").
m
Ima
West
4.3 Conditions that Qualify as Blight Factor "D ": Unsanitary or Unsafe Conditions
Image 12 shows the unsanitary and unsafe condition of a random dirt pile within the
active use area of the parking and dumpster area.
Image 13 shows the unsanitary condition of the building surrounds of an actively used
building at the railyard to be overgrown with weeds. Additionally, image 13 shows the
unsafe condition of the storage of steel canisters of flammable substance within close
proximity of an actively used building and among overgrown dried and flammable
vegetation.
Image 14 shows the unsafe condition of buckets and barrels of flammable substances
being stored outside unprotected and intermixed with other flammable materials.
10
Image 15 shows the unsafe condition of drainage culverts that go under the railroad
embankmer
Image 16 shows another view of the unsafe condition of drainage culverts that go under
the railroad embankment are directing flows directly at the access road.
11
d 4. l kV
Image23: Abandon Old Tires
Image 21 shows the unsanitary condition of an access road that is overgrown with
weeds. Image 22 shows the unsafe condition of an electric fence in operation. Image 23
shows the unsanitary and unsafe condition of old abandoned tires that have been
dumped on the site. Image 24 shows the unsafe condition of a pile about 15 feet deep of
Image 25 shows the unsanitary condition of a dead animal carcass strewn across a
portion of the site.
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4.4 Conditions that Qualify as Blight Factor "E ": Deterioration of Site Improvements
4.4.a. Abandoned Waterways
Circa 1910, Saint Charles Reservoir was created just west of the site. "Seepage
ditches" were constructed to bring water from the St. Charles River to the new
reservoir. When Interstate 25 was constructed, these waterways needed to be re-
routed. The abandoned remnants of these former waterways still exist in the
study area. These "seepage ditches" have not been used or maintained in years,
and are deteriorating. The existence of old abandoned deteriorating site
improvement of this old unused infrastructure qualifies as the existence of blight
factor "E."
14
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,:
' "-z
`, ..
2 .
iiq
hat
existed on the site at that time in read The straight north -south railway still exists. however both the diagonal tracks have
been removed. The embankments still exist today.
4.5 Conditions that Qualify as Blight Factor "F" Unusual Topography
Throughout the pueblo area, the "usual topography" is typically fairly flat ground. The
valley wall of the Saint Charles River is within the site, and it is steep and rugged and far
from being fairly flat. The existence of this unusual topography qualifies as the
existence of blight factor "F."
17
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4.6 Conditions that Qualify as Blight Factor "k.5" Substantial Physical
Underutilization or Vacancy of Sites.
Much of the site is undeveloped, and therefore vacant. The existence of this condition
fits the factor, substantial physical underutilization or vacancy of sites qualifies as the
existence of blight factor 11 K.5."
area is vacant as seen
5.0 Survey Conclusions
CRS 31 -25- 103(2) requires at least 4 out of a possible 12 factors to be present in order to
be considered a "blighted area." Based on physical inspection of the area, 6 of the 12
factors have been found to be present within the study area. There exists within the study
area, the following:
1. Blight Factor "B," Predominance of Inadequate Street Layout;
2. Blight Factor "C," Faulty Lot Layout in Relation to Accessibility
3. Blight Factor "D," Unsanitary or Unsafe Conditions
4. Blight Factor "E," Deterioration of Site Improvements
5. Blight Factor "F," Unusual Topography
6. Blight Factor "K.5," Substantial Physical Underutilization or Vacancy of Sites
In conclusion, the survey area, as identified in section 2.0 of this document, is a "blighted
area."
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Appendix A — The Southwest Saint Charles Subarea
This conditions survey includes enough area that more than one Urban Renewal Planning
Area may be appropriate. In particular, the Urban Renewal Authority of Pueblo has
expressed interest in the first planning area being a portion of the larger conditions study
area, at the southwest corner of the study area.
Within the Southwest Saint Charles Subarea, 5 of the 12 possible factors, in accordance
with CRS 31 -25- 103(2), are present, and therefore this subarea is "blighted area." The
factors are present in the subarea as follows:
Blight Factor "B," Predominance of Inadequate Street Layout.
• As shown in section 4.1 of this document, there exists no interior street network
within the subarea, which contributes to the predominance of an inadequate
street layout in the study area.
• As shown in section 4.2.a of this document, the location of 1 -25 in relation to the
subarea contributes to the predominance of an inadequate street layout in the
study area.
• As shown in section 4.2.b of this document, the location of the north -south
railroad along the edge of the subarea contributes to the predominance of an
inadequate street layout.
Blight Factor "C," Faulty Lot Layout in Relation to Accessibility.
• As shown in section 4.2.a of this document, the limited access nature of 1 -25
adjacent to the site causes the site to have faulty lot layout in relation to
accessibility.
• As shown in section 4.2.b of this document, the location of the north -south
railroad along the edge of the subarea causes the study area to have faulty lot
layout in relation to accessibility.
Blight Factor "D," Unsanitary or Unsafe Conditions
• As shown in section 4.3 of this document, images 17 through 20 are within the
Southwest Saint Charles Subarea, and show the unsanitary and unsafe
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conditions of unauthorized dumping of large abandoned trash items that are
strewn throughout the site.
As shown in section 4.3 of this document, image 24 is within the Southwest Saint
Charles Subarea, and shows the unsafe condition of a pile about 15 feet deep of
tumbleweeds that have been trapped up against the I -25 embankment.
As shown in section 4.3 of this document, image 25 is within the Southwest Saint
Charles Subarea, and shows the unsanitary condition of a dead animal carcass
strewn across a portion of the subarea.
Blight Factor "E," Deterioration of Site Improvements.
• As shown in section 4.4.a of this document, the deteriorating site improvement
of the abandoned "seepage ditches" exist in the Southwest Saint Charles Subarea.
• As shown in section 4.4.b of this document, deteriorating site improvements, of
old unused railway infrastructure exists in the Southwest Saint Charles Subarea.
Blight Factor "K.5," Substantial Physical Underutilization or Vacancy of Sites.
• As shown in section 4.4.a of this document, the Southwest Saint Charles Subarea
is undeveloped, and therefore has substantial physical underutilization or
vacancy of sites.
In conclusion, the Southwest Saint Charles Subarea portion of the larger Saint Charles Survey
Study Area is a "blighted area."
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