HomeMy WebLinkAbout14839RESOLUTION NO. 14839
A RESOLUTION MAKING LEGISLATIVE FINDINGS THAT
THE MITCHELL PARK SOUTH AREA OF THE CITY OF
PUEBLO IS A BLIGHTED AREA AND APPROPRIATE FOR
AN URBAN RENEWAL PROJECT
WHEREAS, the Pueblo Urban Renewal Authority staff (the “Authority Staff”)
conducted Conditions Survey of the area (the “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 Authority Staff prepared, submitted and presented to the City
Council a document entitled “Mitchell Park South Conditions Survey” (the “Survey”) dated
August 12, 2021, 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.
NOW, THEREFORE,
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)
of the Act, 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) Slum, deteriorated, or deteriorating structures;
(b) Predominance of defective or inadequate street layout;
(d) Unsanitary or unsafe conditions;
(e) Deterioration of site or other improvements;
(f) Unusual topography or inadequate public improvements or utilities;
(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) 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 other improvements.
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 shall become effective immediately upon final passage.
INTRODUCED March 28, 2022
BY: Dennis E. Flores
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-6
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: March 28, 2022
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Jerry M. Pacheco, Pueblo Urban Renewal Authority Executive Director
SUBJECT: A RESOLUTION MAKING LEGISLATIVE FINDINGS THAT THE MITCHELL
PARK SOUTH AREA OF THE CITY OF PUEBLO IS A BLIGHTED AREA AND
APPROPRIATE FOR AN URBAN RENEWAL PROJECT
SUMMARY:
This Resolution finds the twelve-block area surrounding the Pueblo Community Health Center
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(“PCHC”) Park Hill clinic located at E. 8 Street and Lacrosse now known as Mitchell Park South
Project Area, contains blight conditions as defined by C.R.S. 31-25-103(2).
PREVIOUS COUNCIL ACTION:
On July 26, 2021, City Council approved Resolution No. 14666 authorizing the Pueblo Urban
Renewal Authority (“PURA”) to conduct a study to determine whether the area adjacent to the
PCHC Park Hill location is a slum, blighted area, or a combination thereof, and to notify owners
of property in the area are subject of such study.
On July 27, 2020, City Council approved Resolution No. 14448 authorizing PURA to conduct a
study to determine whether the area adjacent to the PCHC Park Hill location is a slum, blighted
area, or a combination thereof, and to notify owners of property in the area are subject of such
study.
On July 6, 2020, representatives from PURA and PCHC presented redevelopment opportunities
at the City Council Work Session.
BACKGROUND:
PURA staff has met with City and PCHC staff of to discuss redevelopment opportunities
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surrounding PCHC’s new $38 million health care facility located at E. 8 Street and Lacrosse.
PCHC’s investment could serve as a catalyst to develop, establish, and execute a measurable
redevelopment plan for the area immediately adjoining the new clinic.
A Conditions Survey was conducted by PURA staff to determine if the area described above
contains conditions of blight. The Conditions Survey found that 8 blight factors exist. Four blight
factors are required as a prerequisite to adoption of an urban renewal plan and establishment of
an urban renewal project area. The 8 conditions of blight are outlined below:
(a) Slum, deteriorated, or deteriorating structures;
(b) Predominance of defective or inadequate street layout;
(d) Unsanitary or unsafe conditions;
(e) Deterioration of site or other improvements;
(f) Unusual topography or inadequate public improvements or utilities;
(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) 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.
FINANCIAL IMPLICATIONS:
No direct financial impact to the City.
BOARD/COMMISSION RECOMMENDATION:
On March 8, 2022, the PURA Board of Commissioners recommended approval of the Mitchell
Park South Urban Renewal Plan. The Planning and Zoning Commission made a similar
recommendation at its March 9, 2022, meeting.
STAKEHOLDER PROCESS:
PURA has complied with all requirements necessary under the Urban Renewal Act for approval
of the attached Resolution. Taxing entity notices and presentations have been completed.
ALTERNATIVES:
Denial of this Resolution will result in the dismissal of the property owner’s concerns and request
for further study.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Mitchell Park South Urban Renewal Condition Survey and Impact Report
EXHIBIT A
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Mitchell Park South
Conditions Study
August 12, 2021
Prepared by:
Jerry M. Pacheco
Executive Director
Pueblo Urban Renewal Authority
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1.0 INTRODUCTION °'
The purpose of a Conditions Survey is to determine if the presence of physical factors in an area
of a municipality are sufficient to qualify as a`Blighted Area"as defined in Section 31-25-103(2)
of the Colorado Revised Statutes ("C.R.S."). This Conditions Survey was conducted in the area
(the "Survey Area") described in Exhibit A and depicted in Exhibit B, both of which are attached -
to and made a part of this Conditions Survey. If conditions that meet the definition set forth in "
Section 2.0 of this Conditions Surveyarepresent in the SurveyArea,the SurveyArea will qualify :'
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as an Urban Renewal Area under the provisions of the Colorado Urban Renewal Law, Part 1 of
Article 25 of Title 31 of the Colorado Revised Statutes (the "Act").
The Conditions Survey is based on information contained in various documents related to g
environmental conditions, historical references, real estate data, county mapping sources, and on-
site inspection of the Survey Area conducted by Pueblo Urban Renewal Authority staff and
consultation with legal counsel experienced with the requirements of the Act. 4
2.0 LEGAL REQUIREMENTS—BLIGHTED AREA
The purpose of this Conditions Survey is to provide information that demonstrates if and to what
extent, conditions in the Survey Area match any of the factors that characterize a blighted area as i';.
defined in the Act.
,
According to Section 107(1)(c)(I) of the Act any particular condition found to be present may ,
satisfy as many of the factors listed in the definition of"blighted area" as are applicable to such
condition. In this case several of the conditions found in the Survey Area can be listed in multiple
statutory categories.
Section 31-25-103(2) of the Act defines "blighted area"as follows: ;-
"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.
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(a) Slum, deteriorated, or deteriorating structures; t,
(b) Predominance of defective or inadequate street layout; ,°
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(c) Faulty lot layout in relation to size, adequacy, accessibility, or
usefulness; ,
(d) Unsanitary or unsafe conditions; :
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(e) Deterioration of site or other improvements;
(f) Unusual topography or inadequate public improvements or utilities;
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(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 Via:
facilities; `
a) Environmental contamination of buildings or property;
(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
(1) If there is no objection of such property owner or owners and the
tenant or tenants of such owner or owners, if and, 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
(k.5), 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.
3.0 SURVEY RESULTS
The Mitchell Park South area is approximately 134 acres located in the middle of the East Side
neighborhood. Notices of the conditions survey have been mailed to all listed property owners
according to the County Assessor's data set.
In 2004, the City of Pueblo Planning and Community Development office prepared a
neighborhood plan for the Eastside area. Goals and objectives identified in the plan remain
desired by the community. Some goals and objectives of the Eastside Neighborhood Plan have
been completed such as the Skate Park, Veteran's Housing on 4th Street and some repaving
performed by the Colorado Department of Transportation.
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Figure 1
Based on visual observation, historical references, real estate data and county mapping sources,
the qualifying conditions listed in this Conditions Survey exist within the boundaries of the Survey
Area(Figure 1).
The Conditions Survey did not evaluate whether factor (g) listed in the definitions above was
present in the Survey Area. Evaluation of conditions of title would require more time and
resources than available at the time other conditions were being evaluated.
The Survey Area contains approximately 134 acres and is described in Exhibit A and depicted in
Exhibit B. The Survey Area is characterized by vacant commercial buildings, deteriorated and :.'
dilapidated single-family homes, unkept accessory structures and fences in disrepair. The alleys
are not paved, and the weeds grow between the alley ruts. Cracked sidewalks and broken curbs ,
lead to soil erosion that finds its way into our waterways. These conditions are generally located ,
throughout the Survey Area.This Conditions Survey advises PURA to carry out the redevelopment "`'
4
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of the area if an urban renewal plan is approved by City Council. The following pictorial examples
demonstrate the conditions described below.
3.1 Slum, Deteriorated, or Deteriorating Structures.
Twenty-one single family home sites in the Survey Area are severely deteriorated and/or boarded
up. These homes are often invaded and vandalized. The Regional Building Department has posted,
"DO NOT ENTER" signage that is often ignored resulting in illegal trespass and creation of an
attractive nuisance in the neighborhood.
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3.2 Predominance of Defective or Inadequate Street Layout.
The Survey Area lacks adequately paved alleys. As a direct result of this, weeds are overgrown,
and soil erosion is contaminating the water shed from these alleys and adjoining properties. °'
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3.3 Unsanitary or Unsafe Conditions. t
Several of the boarded-up homes serve as an attractive nuisance in the neighborhood, Regional
Building has determined that they are not suitable for any occupancy. Given the age of the
neighborhood there are many large trees that have died and are expensive for homeowners to
remove.
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3.4 Deterioration of Site or Other Improvements. t
In the neighborhood, there are approximately 218 rental properties. It is observable that the
predominance of rental properties has a negative impact to home values and properties that adjoin 7
them. Often, multiple people that are unrelated live in a rental home and there is not adequate
parking for their vehicles. It appears that based on the site survey,that renters drive over and break
curbing and sidewalks as they park in the front yard and/or the tree lawn.
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3.5 Unusual Topography or Inadequate Public Improvements or Utilities.
Unimproved alleys, broken or non-existent curbing, cracked sidewalks and erosion are prevalent
in the Study Area.
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3.6 The Existence of Conditions that Endanger Life or Property by Fire or Other Causes.
The empty and dilapidated buildings in the neighborhood are a fire hazard. The abandoned
buildings may be fairly classified as an attractive nuisance. All the conditions listed in Subsection
3.3 also qualify under this factor in accordance with Section 31-25-107(1)(c)(I) of the Act.
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3.7 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.
There are many homes that violate local building codes and are dilapidated, deteriorated, and
defective in design and construction. Twenty-one homes are boarded up and possess inadequate
facilities that provide a safe, healthy environment for persons to live or work safely. The
conditions listed in each of the forgoing Subsections 3.1 through 3.6 also qualify under this factor
in accordance with 31-25-107(1)(c)(I) of the Act.
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3.8 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.
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As set forth in previous Subsections,the existence of dilapidated,abandoned buildings, dangerous
conditions, environmental contamination, deterioration and lack of site improvements, inadequate
alleys and other public infrastructure will require high levels of municipal services and public
proceeds. The deteriorated and unsafe physical condition of the Survey Area results in substantial
10
physical und rutlizaio of the stleand eisltngbuildings, primarily because of the extensive
blight factors that eisthroughout the Survey Area
4.1 SUMMARY
The Conditions Survey shows that eight of apo sible eleven factors listed in the Act are present
int the Survey Area. This documentation will support the designation o the Ara as a "blighted
area" if the City Council elects to designate it as an urban renewal area under the Act
4.
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11
EXHIBIT A
LEGAL DESCRIPTION
This Urban Renewal Area contains approximately 134 acres. The location and boundaries may be
generally described as:
All of Faris and Gartley Addition to the City of Pueblo;
AND
All of Dr. Owen Heights Subdivision;
AND
All Lots of located within Blocks 1 to 9 both inclusive,and all streets and alleys adjacent thereto,
Winter's Addition to the City of Pueblo;
AND
All of Lots 1 to 14 both inclusive, Block 10,and all streets and alleys adjacent thereto,Winter's Addition
to the City of Pueblo;
AND
All of Lots 15 to 28 both inclusive,Block 11, and all streets and alleys adjacent thereto, Winter's
Addition to the City of Pueblo;
AND
All of Lots 1 to 14 both inclusive, Block 12, and all streets and alleys adjacent thereto, Winter's Addition
to the City of Pueblo;
AND
All Lots located within Blocks 91 and Block 92, and all streets and alleys adjacent thereto, Fletcher Hill
Addition to the City of Pueblo;
AND
All Lots located within Blocks 101 and Block 102, and all streets and alleys adjacent thereto,Fletcher
Hill Addition to the City of Pueblo;
AND
All Lots located within Blocks 109, 110, 111 and 112, and all streets and alleys adjacent thereto,Fletcher
Hill Addition to the City of Pueblo;
AND
All Lots located within Blocks 119, 120, 121 and 122,and all streets and alleys adjacent thereto,Fletcher
Hill Addition to the City of Pueblo;
AND
All Lots located within Blocks 131 and Block 132, and all streets and alleys adjacent thereto, Fletcher
Hill Addition to the City of Pueblo;
AND
All Lots located within Blocks 131 and Block 132, and all streets and alleys adjacent thereto, Fletcher
Hill Subdivision;
AND
All Lots located within Blocks 141 and Block 142, and all streets and alleys adjacent thereto,Fletcher
Hill Addition to the City of Pueblo;
AND tt'
All Lots located within Blocks 151 and Block 152, and all streets and alleys adjacent thereto, Fletcher
Hill Addition to the City of Pueblo;
AND
All of Lots 1 to 28 both inclusive, Block 161, and all streets and alleys adjacent thereto, Fletcher Hill
Addition to the City of Pueblo;
AND
All of Lots 1 to 20 both inclusive, Block 162, and all streets and alleys adjacent thereto, Fletcher Hill
Addition to the City of Pueblo;
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AND
All Lots located witiEnBlocks 8, 91, and 9,and allSlteb and alleys adjacent thereto,Fletcher Hill
Addition to the City of Pueblo;
AND
All of MithlPark,and allSre ba dallesajacet+edm Fletcher HI]Addition to the City of
Pueblo.
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EXHIBIT B
MAP
Mitchell Park South
Proposed Urban Renewal Area
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