HomeMy WebLinkAbout 19-108 Bighorn Urban Renewal-FURA Eminent Domain Authorization with ExhibitsRESOLUTION 19-108
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING THE CONDITIONS SURVEY FOR THE BIGHORN
URBAN RENEWAL AREA, FINDING THAT BLIGHT EXISTS WITHIN THE
BIGHORN URBAN RENEWAL AREA, MAKING CERTAIN LEGISLATIVE
FINDINGS, APPROVING THE BIGHORN URBAN RENEWAL PLAN AND
AUTHORIZING THE FIRESTONE URBAN RENEWAL AUTHORITY THE ABILITY
TO EXERCISE THE POWER OF EMINENT DOMAIN
WHEREAS, the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31 (the "Act")
provides for urban renewal of blighted areas;
WHEREAS, the Firestone Urban Renewal Authority (the "Authority") has undertaken to
eliminate and prevent blight and to prevent injury to the public health, safety, morals, and welfare of
the residents of the Town of Firestone, Colorado (the "Town");
WHEREAS, a conditions study and survey were prepared to deter�rrine whether the area
described therein contains factors included in the definition of "blighted area" as provided in the Act;
WHEREAS, within thirty days of commissioning the conditions survey, notice was provided
to all property owners within the study area pursuant to C.R.S. § 31-25-107(1)(b);
WHEREAS, the Conditions Study for Bighorn Study Area dated October 2019 (the
"Conditions Study") which included a description of existing conditions and photographs, which
Conditions Study is attached and incorporated herein as Exhibit A, and which determined that the
Conditions Study area, now referred to as the Bighorn Urban Renewal Area (the "Area"), contains
factors included in the definition of "blighted area" as provided in the Act;
WHEREAS, the Bighorn Urban Renewal Plan (the "Plan"), which includes a legal
description of the Area, has been submitted for review by the Town Board of Trustees, a copy of
which is attached hereto as Exhibit B and incorporated herein;
WHEREAS, the Tax Forecast and County Impact Report dated October 2019 (the "Impact
Report") has been timely submitted to the Weld CountyBoard of County Conunissioners pursuant to
C.R.S. § 31-25407(3.5), and also provided to the other taxing entities within the proposed Area;
WHEREAS, on November 7, 2019, the Town Planning and Zoning Commission approved
Resolution No. PC-19-14 which found the Plan to be in conformity with the Firestone Master Plan
the "Master Plan"), which is the general plan for the development of the Town as a whole;
WHEREAS, notice of the public hearing on the Plan was published in a newspaper of general
circulation as required by C.R.S. § 31-25-107(3) at least thirty days prior to the public hearing;
WHEREAS, written notice was mailed or delivered to each property owner, business, and
19957385.3
resident of the Area included in the Plan informing them of the public hearing on the Plan and the
use of eminent domain as required by C.R.S. § 31-25407(3), at least thirty days prior to the public
hearing;
WHEREAS, the Conditions Study, the Impact Report, and the all are matters of public
record in the custody of the Town Cleric and have been available for public inspection during
business hours of the Town at least thirty days prior to the public hearing; and
WHEREAS, on November 20, 2019, the Town Board of Trustees conducted a public hearing
on the Conditions Study, the Plan, and the use of eminent domain, pursuant to the procedural and
notice requirements of the Act, and the Town Board of Trustees considered the evidence presented in
support of and in opposition, including the Conditions Study, the Impact Report, the Plan, and staff
recommendations, and so have considered the legislative record and given appropriate weight to the
evidence.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The Town Board of Trustees determines that the Area described in the
Conditions Study is a "blighted area" as defined in the Act. Based upon the Conditions Study and
other evidence presented at the public meeting on November 20, 2019, five factors of blight are
found to exist within the Area. The specific factors outlined in the Act (numbering follows the Act)
found to exist in the Area are:
(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; and
(h) Defective or unusual conditions of title rendering the title unmarketable.
Section 3. The presence of such factors within the Area substantially impairs or arrests
the sound growth of the municipality, retards the provision of housing accommodations, and
constitutes an economic and social liability, and is a menace to the public health, safety, morals and
welfare of the residents of the Town.
Section 4. The Town Board of Trustees finds and determines that the Area is blighted
within the meaning of C.R.S. § 31-25-103(2), without regard to the economic performance of the
property included within the Area pursuant to C.R.S. § 31-25407(3)(b), and hereby finds and
designates the Area as appropriate for an urban renewal project.
Section 5. The boundaries of the Area have been drawn as narrowly as is feasible to
accomplish the planning and development objectives of the Plan.
199S738S.3
Section 6. The Plan meets the requirements of the Act and furthers the public purposes of
facilitating redevelopment of the Area, eliminating blight, and preventing injury to the public health,
safety, morals, and welfare of the residents of the Town.
Section 7. The Area contains property which meets the definition of agricultural land as
set forth in C.R.S. § 31-25-103(1). Accordingly, the Authority has obtained the consent for inclusion
of all of the taxing entities who impose a mill levy upon property within the Area, with a pending
request to the Northern Colorado Water Conservancy District,
Section 8. The Plan contains a legal description of the Area.
Section 9. It is not expected or intended that the Plan will displace or need to relocate any
individuals or families in connection with its implementation, but to the extent that any such
relocation maybe required, a feasible method exists for the relocation of individuals and families in
decent, safe, and sanitary dwelling accommodations within their means and without undue hardship
to such individuals and families.
Section 10. It is not expected or intended that the Plan will displace or need to relocate any
business concerns in connection with its implementation, but to the extent that any such relocation
may be required, a feasible method exists for the relocation of such business concerns in the Area or
in other areas that are not generally less desirable with respect to public utilities and public and
commercial facilities.
Section 11. The Town Board has undertaken reasonable efforts to provide written notice
of the public hearing on the Plan and the use of eminent domain as prescribed by C.R.S. § 31-25-
107(3), to all property owners, residents, and owners of business concerns in the Area at their last
known addresses at least thirty days prior to the public hearing on the Plan and the use of eminent
domain.
Section 12. No more than one hundred twenty days have passed since the commencement
of the first public hearing on the Plan.
Section 13. Section 31-25-107(4)(e), C.R.S., does not apply because the Town Board of
Trlstees did not fail to previously approve this Plan.
Section 14. As previously determined by the Town Planning and Zoning Cornrnission, the
Town Board of Trustees also finds that the Plan is in conformity with the Master Plan, which is the
general plan for development of the Town as a whole.
Section 15. The Plan will afford maximum opportunity, consistent with the sound needs of
the Town as a whole, for the rehabilitation or redevelopment of the Area described in the Plan by
private enterprise.
19957385.3
Section 16, The Plan will adequately finance, or agreements are in place to finance, any
additional County infrastructure and services required to serve development within the Area for the
period in which all or a portion of the property taxes described in C.R.S. § 31-25-107(9)(a)(II), and
levied by the County are paid to the Authority.
Section 17. To the extent that the Area described in the Plan may constitute open land
which is to be redeveloped for residential uses within the meaning of C.R.S. § 31-25-107(5) of the
Act, the Town Board of Trustees hereby finds that a shortage of housing of sound standards and
design which is decent, safe and sanitary exists in the municipality; the need for housing
accommodations has been or will be increased as a result of the clearance of slums in other areas;
conditions of blight and the shortage of decent, safe and sanitary housing cause or contribute to an
increase in and spread of disease and crime and constitute a menace to the public health, safety,
morals or welfare; and the acquisition of the Area for residential uses is an integral part of and
essential to the program of the Town.
Section 18. The Plan has met the requirements of C.R.S. § 31-25-105.5(5)(a), related to
use of eminent domain, insofar as at least five factors of blighted conditions are found to be present
within the Area, and the requirements of C.R. S. § 3 1 -25- 1 07(3)(b), insofar as proper notice has been
provided of a hearing on the inclusion of eminent domain in the Plan.
Section 19. The Town Board of Trustees hereby finds that a public hearing has been held
on the Plan and the Authority's exercise of the power of eminent domain to acquire property within
the Area, that the Plan meets the requirements of C.R.S. § 31-25-105.5(2), and that the principal
public purpose for adoption of the Plan is to facilitate redevelopment in order to eliminate or prevent
the spread of physically blighted or slum areas.
Section 20. The Town Board of Trustees has duly considered and hereby approves the
Plan and authorizes the Authority to take any and all actions pursuant to the Act to execute the Plan,
including the power of eminent domain.
19957385.3
INTRODUCED, READ AND ADOPTED this 20day of November, 2019°
TOWN OF FIRESTONE, COLORADO
Mom
Bobbi Sindelar, Mayor
ATTEST:
TOVVN ORf%
Oak
Leg 4k k 1 u
Acting Town Cleric �C� e l<�
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APPROVED AS TO FORM:
Town Attorney
199573853
EXHIBIT A
Conditions Study for Bighorn Study Area
[see attac7ied]
19957385.3
• • filtamblMis i • 1 11 1 1 11 &UL•
Ailiwi
Prepared for:
Firestone Urban Renewal Authority
151 Grant Ave.
Firestone, CO 80520
Prepared by:
DGC Consulting
18331 E. Davies Avenue
Foxfield, CO 80016
FINAL
October 2019
Bighorn Study Area Conditions Stud
1. Introduction.................................................................................... 1
1.1. Purpose........................................................................................................................................1
1.2. Colorado Urban Renewal Law.....................................................................................................1
1.3. Study Methodology..................................................................................................................... 3
2. Study Area Analysis. M M K M M A 0 a K a a K a M M A M M M 0 a M M a M M a 9 H M M M M ff M M a M M M M a X M X A a M M M M M X A M a A 0 0 0 M 0 0 W M MR M X a a 4
2.1 Study Area...................................................................................................................................4
2.2 Existing Conditions...................................................................................................................... 7
2.3 Field Survey Approach...............................................................................................................13
2.4 Desktop Analysis...... map 40540 oftotoana%oan sAffafflean Boehm shield an Sao message sea losses@ as@ so sea I logo mossammumm logos legal is 13
2.5 Blight Factor Evaluation Criteria. . a 0 a 4 0 4 a a 4 A a a a a 0 a 0 0 a a a 4 4 & 0 0 6 a 0 a 4 a & a 6 a a a 0 a 0 a A a 6 a 0 a 0 a 0 0 a 0 0 a a I a a I a I I I a I a 1 6 1 9 1 0 0 a glass@ Boa a a less@&@ 13
2.6 Results of the Study Area Analysis............................................................................................17
3. Summary of Findings and Conclusions .......................................... 25
3.1 Findings.. . bet@*@ age@ same Be laws samaloommag 54 5*4 1 game message RAN 09095 5*414444 bmaositas aboathead Bad men he lot@*@ lease Be less I sea sea so so mass 0 a staged 125
3.2 Conclusions. . 5 p a 0 a 0 4 0 4 s 0 0 a I a 0 a a 0 a a I A a & I I a b & 0 * a a 6 0 0 0 1 a a 6 0 a * 0 a 0 a 9 1 b & 0 9 1 a a a 1 0 a b a 0 a 1 0 1 a I A a 9 a I 1 0 a 8 1 a 9 5 a 0 0 4 1 4 1 m a I * I a I a a a 4 4 0 a 4 1 a 4 a 4 0 a a 0 a a a I I a 1 4 a a 1 26
Appendix................................................................................................ 3 3
Appendix A: Sources Consulted. . 8 * 4 5 a 5 4 5 0 0 0 a a A a 0 a a a a A 0 A a a a a a A a a a a a a a a 4 a a 0 a a & a ff a 6 a 0 a a a d 4 0 a a 0 0 9 0 1 a 0 a a I a I I a 9 a I I I I a 9 a a a 1 9 a 1 9 1 a 9 a 8 a a 0 a 9 0 9 1 1 1 0 a a d 133
List Exhibits
Exhibit 2-1: Study Area Boundary Map........................................................................................................ 5
Exhibit 2-2: Study Area Regional Location Map........................................................................................... 6
Exhibit 2-3: Study Area Parcel Map....... @to as Based same@&@ No@ @NASA a Bases@ Islas Paolo 5mq5*40%04 map*$ 044 O&ANAMARISNAA ocassaads" 04640 ease a samailman 8
Exhibit 34: Field Survey Photo -Reference Map. 0 a 0 0 a 9 9 a a a a a a a I a 0 a 9 a a 9 a 9 a 9 a 0 0 a 9 9 a A 9 8 a a 0 a 8 a 8 5 a a a a a 0 a 0 a 9 9 a 0 a 0 5 9 * 4 0 5 a 0 a 9 0 1 a 0 a 4 5 A 4 a 5 5 9 0 4 a a 4 28
Exhibit 3-2: Field Survey Photographs.......................................................................................................31
Figure 2-1: Oil and Gas Well Locations......................................................................................................12
Figure 2-2 View southeast toward drilling site..........................................................................................23
Figure 2-3 East view along Sable Avenue. . I d 8 8 4 9 4 8 4 8 9 0 * 4 a 5 9 4 0 4 5 * 4 5 a 4 * 4 4 0 4 4 4 4 4 0 a a a a 4 a a a a 0 a 0 a 4 6 4 0 a a am 0 a & a a A a a a A A a a a A a a a A a A 0 a a a a a 0 t a A & a a a 0 a 0 a 8 23
Figure 2-4 View south along eastern Study Area border. . a 8 a 0 4 0 4 4 0 a 4 9 4 4 4 4 4 4 a 4 a 0 4 1 0 4 0 4 4 9 4 0 a 0 4 4 a 4 a 0 4 a I a 0 4 4 a 0 0 a 4 a A a I a A 0 & I a I & a I a a 0 a I & 024
Figure 2-5 View north from Pine Cone Avenue.........................................................................................24
Table2-1: Study Area Parcel........................................................................................................................7
Table 2-2: Study Area Surrounding Land Uses.............................................................................................9
Table 2-3: Oil and Gas Well Summary.......... see 11
Table 2-4: Study Area Conditions Summary. 9 0 0 0 0 0 4 a 6 0 4 0 0 0 0 a 0 0 0 4 a a * a a a a a a 0 a a 4 4 0 a 0 0 4 a 4 0 * 4 a 4 0 4 a 0 a a 0 0 4 a 4 a a a a a 0 a & 4 0 a 0 a A 0 & 0 a 0 & a a a 0 a 6 a 6 021
Table 34: Photographic Reference Sheet Detail. a a a a 8 a 6 0 a I a 0 a 0 4 a 4 0 4 6 0 a 0 6 0 0 4 4 a 0 a a 6 a 4 0 0 0 a * a 0 0 0 w a a 0 a 4 a a a a a a a 0 0 0 a a 0 a a 6 * 0 a 0 a a a a 4 4 s a a 0 a a a a a 6 2 9
Bighorn Study Area Conditions Stud
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 non -marketable;
h. The existence of conditions that endanger life or property by fire and 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; or
1. 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
(k.5) of this subsection (2), substantially impairs or arrests the sound growth of the
municipality, liability, and is a menace to the public health, safety, morals, or
welfare. For purposes of this paragraph (I), 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.
To be able to use the powers of eminent domain, "blighted" means that five of the eleven factors must
be present (Colorado Revised Statutes § 31-25-105.5(2) (a) (I)). In all other circumstances, four factors
are required to support a finding of blight where property owner consent or eminent domain are not
being sought. Only one factor must be present if the property owner or owners and the tenant or
tenants of such owner or owners do not object to the finding (Colorado Revised Statutes § 31-25-
105.5(2) (I)).
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. 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." Tracy v. City of Boulder, 635 P.2d 907, 909 (Colo. Ct. App. 1981).
Second, the presence of one well maintained building does not defeat a determination that an area
constitutes a blighted area. A determination of blight is based upon an area "taken as a whole," and not
2
Bighorn Study Area Conditions Study
The Bighorn Study Area is a single parcel of 235.43 acres, more or less (per the legal description). It is
shown on Exhibit 2-1: Study Area Boundary Map. Study Area is located between Pine Cone Avenue and
Sable Avenue, in southeast Firestone. The location of the Study Area is shown in Exhibit 2-2: Study Area
Regional Location Map.
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Bighorn Study Area Conditions Stud
Exhibit 2-2: May Area Regional Location Map
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Study Area Regional Location Map
0 I 2 4 miles
Base Map Source:
Open Street Map, May 2, 2019
J
Bighorn Study Area Conditions Stud
Exhibit 2-3as Study Area Parcel Map
LEGEND
Study Area
Firestone Town Limits
Parcels
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Study Area Parcel Map
0 100 200 300 feet
Base Map Source:
Google Earth Pro, April 29, 2019
0
Bighorn Study Area Conditions Stud
A Special Use Permit (SUP) for a portion of the Study Area was approved in 2018 by the Town of
Firestone. The SUP prescribes conditions related to drilling 19 oil and gas wells in the south portion of
the Study Area. The SUP shows the location of drilling equipment, tanks, fencing, parking areas, and
access roads. At the time of the field survey, Crestone Peak Resources was preparing to drill on the site.
Drilling is expected to continue into 2020 when production begins.
Streets and Storm Drainage:
The Town of Firestone Public Works Department is responsible for streets and storm drainage in the
Study Area. However, because the Study Area and most adjoining parcels are undeveloped, there is
limited street infrastructure in the area. No major issues were identified.
Public and Private Utilities:
The Study Area is within the Northern Colorado Water Conservancy District which provides bulk water
resources to municipalities and districts, including the Town of Firestone. Water distribution to the
Study Area would be by the Town of Firestone. Although the Study Area is within Firestone municipal
boundaries, considerable potable water and fire protection infrastructure will need to be constructed in
order to receive these municipal services.
According to Town staff, the Study Area is not, at this time, included in either the Central Weld County
Water District or the St. Vrain Sanitation District (although it appears to be within the St. Vrain
Sanitation District service area). To obtain services from any of these Districts, the property owner or
developer would need to apply for and receive approval for inclusion.
Natural gas to the Study Area can be provided by Blacl< Hills Energy and electrical power by United
Power Cooperative. Telephone and telecommunications can be provided by private utilities. No major
issues were identified.
Other Districts and Services:
The Study Area is within the St. Vrain Valley RE1-J School District (sometimes referred to as the
"Longmont RE1-J School District"), the Frederick— Firestone Fire Protection District, and the High Plains
Library District. The property is not within the Carbon Valley Recreation District, although it may be
included in the future as residential development proceeds.
Oil and Gas Development:
Existing oil and gas drilling operations in the southern portion of the Study Area are an activity that
requires land use controls. Under conditions outlined in a Special Use Permit (SUP) approved by the
Town in 2018, 19 wells are permitted to be drilled from a single pad site, as well as ponds, tanks,
equipment, fencing, staging and parking areas, and access roads. The SUP includes measures to mitigate
the acoustic, traffic, and other impacts of the drilling. Drilling is expected to continue into 2020 and the
10
Bighorn Study Area Conditions Stud
Figure 2-1: Oil and Gas Well Locations
Source: Colorado Oil and Gas Commission Website (2019)
Other Public Infrastructure or Site Features:
There is an irrigation canal passing across the southern and eastern parts of the Study Area that is
labeled on legal documents as an easement for the South Platte Supply Canal. This canal will limit
development in this area and measures may be necessary to accommodate or mitigate the impacts of
this feature. Therefore, it contributes to a finding of blight due to unusual topography or public
improvements, as well as defective or unusual title conditions.
Vacancy and Underutzation:
The Study Area is currently being used for agriculture and oil and gas drilling and is not considered to be
vacant and underutilized.
12
Bighorn Study Area Conditions Stud
Area Observed Conditions, with notes summarizing the methodology that was used to make the
observation (field survey, desktop analysis, or not surveyed).
a. Slum, deteriorating or deteriorated structures
Field survey efforts examining this factor focused on the general condition and level of deterioration of
the existing building's exterior components, such as:
■ Deteriorated exterior walls
■ Deteriorated visible foundation/ incomplete demolition
■ Deteriorated fascia, soffits, and/or eaves
■ Deteriorated/ lack of gutters and/or downspouts
■ Deteriorated exterior finishes
■ Deteriorated windows or doors
■ Deteriorated stairways/fire escapes/handicapped access
■ Deteriorated loading dock areas and/or ramps
■ Deteriorated barriers, walls, and/or gates
■ Deteriorated ancillary structures
■ Other (exposed electrical; incomplete demolition, hazardous HVAC)
b. Predominance of defective or inadequate street layout
The analysis conducted for this blight factor evaluated the effectiveness or adequacy of the streets
within the Study Area. Evaluation criteria in this section include:
■ Poor vehicle access
■ Poor internal circulation
■ Substandard driveway definition and/or curb cuts
■ Poor parking lot layout
■ Other (poor street layout and access)
c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness
The analysis conducted for this blight factor evaluated the adequacy of the lot layout within the Study
Area. Evaluation criteria in this section include:
■ Faulty and/or irregular lot shape
■ Faulty and/or irregular lot configuration
■ Lack of access to a public street
■ Inadequate lot size
■ Other
d. Unsanitary or unsafe conditions
14
Bighorn Study Area Conditions Study
g. Defective or unusual conditions of title rendering the title nonmarketable
This factor is evaluated through research and analysis of title documents and potential encumbrances.
Existence of these criteria contributes to prolonged periods of vacancy and hinders redevelopment:
■ Title conditions making the property unmarketable
■ Other (easements and other encumbrances)
h. The existence of conditions that endanger life or property by fire or other causes
The presence of these criteria within the Study Area can endanger human lives and property:
■ Structures in the floodplain
■ Evidence of previous fire
■ Inadequate emergency vehicle provisions
■ Presence of debris adjacent to structures
■ Hazardous materials near structures
■ Dead or overgrown trees/shrubs near high traffic areas or structures
■ Other hazards present (unsafe level changes; trip/fall hazard, unsafe surfaces)
i. Buildings which 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
The criteria for this factor are focused primarily on defective or dangerous conditions within the building
envelope and require internal access to the structure for full assessment:
■ Building or zoning code violations
■ Public health concerns
■ Dilapidated or deteriorated interior of building
■ Defective design or physical construction
■ Faulty or inadequate facilities
■ Presence of mold
■ Inadequate emergency egress provisions
■ Evidence of recent flooding
■ Unprotected electrical systems, wires, and/or gas lines
■ Inadequate fire suppression systems
■ Evidence of vagrants inside building
■ Other (fire hazard; documentation of asbestos inside building)
j. Environmental contamination of buildings or property
The presence of environmental contamination hinders redevelopment through added costs and is
potentially hazardous to the surrounding community. These conditions are typically not evident
through a visual field survey:
■ Official documentation of environmental contamination
■ Storage or evidence of hazardous materials
16
Bighorn Study Area Conditions Stud
I<.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
a. Slum, deteriorated, or deteriorating structures —NOT OBSERVED
There were no permanent buildings in the Study Area, which is a large open pasture with scattered oil
and gas wells and an oil and gas drilling operation.
However, taken as a whole, slum, deteriorated, and deteriorating structures were not observed in the
Study Area.
b. Predominance of defective or inadequate street layout —OBSERVED
Perimeter access to the Study area is very poor and there are no permanent public streets and way, The The Study Area can only be accessed from two locations: a temporary drilling access road on the
south and a ranch pasture gate on the north. Otherwise, the site is enclosed by continuous fencing
without access points. There is no other public street infrastructure within the Study Area.
Therefore, these observed conditions constitute a predominance of defective or inadequate street
layout.
c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness —NOT
OBSERVED
The large size and regular shape is well -suited for eventual development. Therefore, the current
conditions relative to this factor do not support a finding of blight.
d. Unsanitary or unsafe conditions —OBSERVED
The presence of abandoned well locations on the site and active drilling are considered to be unsafe
conditions within the Study Area. As a safety and security precaution, the drilling pad is fenced and
managed by a security guard to limit access. It is not clear what safety and security measures will be
imposed after drilling is completed and the wells are in the production phase.
These observations and documentation of hazardous or unsafe conditions at locations within the Study
Area and in the immediate vicinity of the drilling pad site support a finding of blight.
e. Deterioration of site or other improvements —OBSERVED
Although the Study Area is not developed with streets and buildings, former well sites do exist and are
deteriorated. Perimeter fencing is also in degraded condition compared with other areas.
These observations of deteriorated private site improvements throughout the Study Area are evidence
of deteriorated site improvements, which supports a finding of blight.
Bighorn Study Area Conditions Study
i. Buildings which 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 — NOT OBSERVED
Conditions related to bung safety or suitability were not observed due to the fact that there are not
permanent buildings within the Study Area.
j. Environmental contamination of buildings or property —NOT OBSERVED
This report assumes that enforcement of current regulations related to drilling and production activities
will mitigate impacts and prevent environmental contamination of the Study Area. This includes the
handling of potentially hazardous materials during drilling. Therefore, observed environmental
conditions do not support a finding of blight.
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 — NOT OBSERVED
Although the Study Area is mostly undeveloped agricultural land with an active oil and gas drilling
operation on a portion of it, it is not considered to be vacant and significantly underutilized.
20
Bighorn Study Area Conditions Study
Table 2-4: Study Area Conditions Summary tcont'a)
UNUSUAL TOPOGRAPHY
OR INADEQUATE PUBLIC
f' IMPROVEMENTS OR
UTILITIES
DEFECTIVE OR UNUSUAL
g' TITLE CONDITIONS
THE EXISTENCE OF
CONDITIONS THAT
h, ENDANGER LIFE OR
PROPERTY BY FIRE OR
OTHER CAUSES
BUILDINGS THAT ARE
UNSAFE /UNHEALTHY FOR
PERSONS TO LIVE / WORK
IN BECAUSE OF BUILDING
CODE VIOLATIONS,
DILAPIDATION,
DETERIORATION,
DEFECTIVE DESIGN,
PHYSICAL CONSTRUCTION,
OR FAULTY OR
INADEQUATE FACILITIES
Bighorn Study Area
Observed Conditions Summary
F.S
BUILDINGS THAT ARE
UNSAFE /UNHEALTHY FOR
PERSONS TO LIVE / WORK
IN BECAUSE OF BUILDING
CODE VIOLATIONS,
DILAPIDATION,
DETERIORATION,
DEFECTIVE DESIGN,
PHYSICAL CONSTRUCTION,
OR FAULTY OR
INADEQUATE FACILITIES
Bighorn Study Area
Observed Conditions Summary
F.S
D
le conditions making the property unmarketable (including SUP zoning)
(easements and other encumbrances)
Structures
in the floodplain
Evidence of previous fire
In emergency vehicle provisions
Presence of dry debris adjacent to structures
Hazardous materials near structures/fire hazard
D
O
ead trees/shrubs near high traffic areas
ther (unsafe level changes; trip/fall hazard)
BuIlding
BuIlding
P
Official documentation of contamination
ENVIRONMENTAL Storage or evidence of hazardous materials e
J' CONTAMINATION
Other evidence of environmental contamination
High levels of vacancy
REQUIRES HIGH LEVELS OF High levels of municipal code violations
MUNICIPAL SERVICES OR High levels of vehicular accident reports
k.5 SITES/ BUILDINGS/
IMPROVEMENTS High levels of requests for emergency services
UNDERUTILIZED/ VACANT Other evidence of required high level of municipal services
Other evidence of substantial physical underutilization
Note: Field Survey abbreviated F.S., Desktop Analysis abbreviated D.A., Not Surveyed abbreviated N.S.
Source: DGC Consulting field survey and Google Earth
Bighorn Study Area Conditions Stud
Figure 2-4 View south along eastern Study Area border
DEFECTIVE OR INADEQUATE STREET LAYOUT (poor vehicular access, poor internal circulation, substandard
driveways/curb cut), UNSAFE OR UNSANITARY CONDITIONS (operating, capped, or plugged oil and gas wells),
DETERIORATION OF SITE OR OTHER SITE IMPROVEMENTS (lack of site improvements including parking, curb and
gutter, sidewalks/pedestrian areas, utilities, and surface drainage facilities), UNUSUAL TOPGRAPHY OR
INADEQUATE PUBLIC IMPROVEMENTS OR UTILITIES (lack of public infrastructure in the right -of way including
street pavement, curb and gutter, and sidewalks) (photo #9)
Figure 2-5 View north from Pine Cone Avenue
DEFECTIVE OR INADEQUATE STREET LAYOUT (poor vehicular access, poor internal circulation, substandard
driveways/curb cut), UNSAFE OR UNSANITARY CONDITIONS (operating, capped, or plugged oil and gas wells),
DETERIORATION OF SITE OR OTHER SITE IMPROVEMENTS (lack of site improvements including parking, curb and
gutter, sidewalks/pedestrian areas, utilities, and surface drainage facilities), UNUSUAL TOPGRAPHY OR
INADEQUATE PUBLIC IMPROVEMENTS OR UTILITIES (lack of public infrastructure in the right -of way including
street pavement, curb and gutter, sidewalks, and drainage canal that limits development) (photo #11)
24
Bighorn Study Area Conditions Study
g. Defective or unusual conditions of title rendering the title nonmarketable (OBSERVED)
® Other (easements and other encumbrances - including SUP zoning)
h. The existence of conditions that endanger life or property by fire or other causes
® NOT OBSERVED
i. Buildings which 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
® NOT OBSERVED
j. 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
■ NOT OBSERVED
It is the conclusion of this Conditions Study that the Bighorn Study Area, in its present condition and use,
meets the conditions of a blighted area as defined by Colorado Urban Renewal Law. By reason of the
presence of factors identified in the Urban Renewal Law and as documented in this report, the Firestone
Town Board may find that the Study Area substantially impairs or arrests the sound growth of the Town
of Firestone, retards the provision of housing accommodations, or constitutes an economic or social
liability, and is a menace to the public health, safety, morals and welfare.
According to Urban Renewal Law, blight may be found to exist if conditions in the Study Area meet at
least one of the factors indicative of a blighted area (with the consent of a single property owner), or at
least five factors if eminent domain is to be used. Four factors are required to support a finding of blight
where property owner consent or eminent domain are not being sought. As described in this report, the
following five factors were observed and documented in the Study Area:
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
g. Defective or unusual title conditions
26
Bighorn Study Area Conditions Study
Exhibit 31 so Field Survey Photo -Reference Map
LEGEND
s s Photo Location
Study Area
Firestone Town Limits
�E
Parcels
CUYtSUitIY1C�
Field Survey Photo -Reference Map
0 2S0 S00 7S0 I,000 feet
Base Map Source:
Google Earth Pro, April 29, 2019
Bighorn Study Area Conditions Study
Table M Photographic Reference Sheet Detail (continued)
Photo No. on Field Survey Photo Reference Map 1 2 3 4 5 6 7 8 9 10 11
UNUSUALTOPOGRAPHY OR
INADEQUATE PUBLIC
IMPROVEMENTS OR
UTILITIES (ROW)
DEFECTIVE OR UNUSUAL
TITLE CONDITIONS
THE EXISTENCE OF
CONDITIONS THAT
ENDANGER LIFE OR
PROPERTY BY FIRE OR
OTHER CAUSES
BUILDINGS THAT ARE
UNSAFE/UNHEALTHY FOR
PERSONS TO LIVE / WORK IN
BECAUSE OF BUILDING
CODE VIOLATIONS,
DILAPIDATION,
DETERIORATION,
DEFECTIVE DESIGN,
PHYSICAL CONSTRUCTION,
OR FAULTY OR
INADEQUATE FACILITIES'
ENVIRONMENTAL
�' CONTAMINATION
Po or site grading
Deteriorated/lack of street pavement In right-of-way
•
Deteriorated/lack of curb and gutter In rightof-way
e
e '.
• ''
In street lighting In right-of-way
Overhead utilities In right-of-way
Deteriorated/inadequate/lack of sidewalks In right-of-way
•
•
• ]
e
Deteriorated/unsafe utilities In the rightof-way
Other (public Infrastructure that limits development]
-�-t
�
�
�
�
�
-�
��i
'�
conditions making the property unmarketable find. SUP
�r (easements and other encumbrances)
Structures In the fioodplain
Evidence of previous fire
Inadequate emergency vehicle provisions
Presence of dry debris adjacent to structures
Hazardous materials near structures/Fire hazard
DeE4ad trees/shrubs near high traffic areas
Other (unsafe level changes; trip/fall hazard)
;
Building coda violations a �
���
Public health concerns
Ij
li
Ill]
Dilapidated or deteriorated inferior of building
Defective design or physical construction
Poulty or inadequate facilities
!
1
�_
DESKTOP
1}
ANA
Presence of mold
In emergency egress provisions
Evidence of recent flooding
1
i_
7
{
1
Unprotected electrical systems/wires/gas lines
In fire suppression systems
Evidence of vagrants Inside building
Other (fire hazard; documented asbestos)
Official documentation of contamination
Storage or evidence of hazardous materials
Other evidence of environmental contamination
High levels vacancy
of
REQUIRES HIGH LEVELS OF
High levels of municipal code violations
MUNICIPAL SERVICES OR
High levels of vehicular accident reports
j
k.5
SITES/BUILDINGS/
High levels of requests for em er en services
q g cv
DESHTO,PANALYSIS
IMPROVEMENTS
Other evidence of required high level of municipal services
UNDERUTILIZED/ VACANT
1 1 ,IJ�,
Other evidence of substantial physical underuttlization
_
Note: Desktop Analysis Is abbreviated as D.A., Not Surveyed is abbreviated N.S.
Source: DGC Consulting field survey and Google Earth
30
EXHIBIT B
Bighorn Urban Renewal Plan
[see attacliecl]
19957385.3
Prepared for:
Firestone Urban Renewal Authority
131 Grant Ave., Firestone, CO 80520
Prepared by:
DGC Consulting
18331 E. Davies Avenue
Foxfield, CO 80016
FINAL
October 2019
Bighorn Urban Renewal Plan
Contents
1.0 Introduction....................................................................................................................1
1.1 Preface..........................................................................................................................................11
1.2 Blight Findings...............................................................................................................................11
1.3 Other Findings. . a 6 a 6 a a a a a a 9 4 a a 0 0 a I a 0 0 1 4 a 0 1 a a 4 6 4 4 a 4 4 0 a 0 a a 0 a a a a a 6 a 0 a a 6 0 a a a a 0 a a a a 1 4 a I a 4 W a a a 4 * a a a a a a a a I a a a a 6 a a a 6 a 0 a a a 0 a 6 a a a 9 a a a a a a a 0 5 0 a a a a a a a 6 a a a a 1
1.4 Urban Renewal Area Boundaries...................................................................................................2
2.0 Definitions.......................................................................................................................2
3.0 Purpose of the Plan........................................................................................................5
4.0 Blight Conditions. 0 a a M a K U N N N N N N N N N N N n K a N N N X N N N N N X X X 0 % K a 0 0 Z a N N W 2 a a a V a a H K K X a N A A N N N a X X A X W N W 0 M a 0 0 0 0 A V N N W W N M W K W N N W N K N a a a N W W N W N V W K 5
5.0 Plan's Relationship to Local Objectives and Appropriate Land Uses. . 0 N a A A A a V N K W W a 0 V A A A 0 0 E M7
5,1 Plan Conformity.............................................................................................................................7
5.2 Consistency with Comprehensive Plan..........................................................................................7
5.3 Relationship to Other Community Plans........................................................................................7
6.0 Authorized Urban Renewal Undertakings and Activities.............................................7
681 Undertakings and Activities to Remedy Blight, a 9 1 0 0 0 0 0 0 a a 0 a a a 0 a 0 a I a 0 9 9 1 1 a I a I a 8 a I 1 9 a a 9 1 a 9 a 0 a 0 9 5 0 0 9 0 a 0 0 0 0 0 0 0 4 0 0 4 $ 0 0 0 0 0 0 0 0 0 0 t 0 08
6.2 Project Development Plan.............................................................................................................9
6.3 Complete Public Improvements and Facilities. . 0 4 1 1 A S a a 4 a a a 0 a a I a a a a 0 0 a a a a & a a a a a a a 0 a I a a 0 0 a 0 a 8 9 0 0 a 4 4 1 a 0 1 4 a a a 1 0 a a 4 0 9 a 9
6.4 Plan Modification..... Belo 1464290604 swageoloole 69004*666*4 bases *MASON 000 Sea seldom @costs@&@ gas 10
6,5 Provide Relocation Assistance.....................................................................................................10
6,6 Demolish, Clear and Prepare Improvements...............................................................................10
6.7 Acquire and Dispose of Property. a 0 a 0 a 0 a 0 a 0 a a a 0 0 1 a a 6 1 0 1 a 0 1 0 W a I a R 0 V 0 0 0 4 0 0 W S 0 a 0 a a 0 a & a a 0 0 a a a 6 0 0 a 6 1 a a a a 9 1 a a a I a I a t I R 0 0 a a 1 4 0 5 1 1 1 a 0 a * a I a 10
6.8 Enter into Redevelopment / Development Agreements.............................................................11
6,9 Enter Into Cooperation Agreements............................................................................................11
6.10 Other Project Undertakings and Activities..................................................................................11
7.0 Project Financing. . a 9 9 K X N 2 a X X a K W a X W ff W X X X A X A a 0 0 0 K 0 a a N a . a N N N N K K 9 N H N N N N N N K R a A A A K X A a W X X a 0 W 0 A K a A A W a a 2 a W N N K K K 9 2 a N N N 0 M V X K W N N N N K N N 11
7.1 Base Valuation Revenues. &ASA as might@ Sea as 0#008 access Is a 0 9 4 5 a 4 A A a A a A a 9 a A a 4 a 0 & 6 0 & 0 8 a 0 a a 8 a 0 8 1 a 0 a a a I a 0 0 0 0 0 4 4 0 0 a 0 A a a a 6 A a A a a a A a A 4 A a a A a a I a 812
7.2 Increment Valuation Revenues.... Be ad Bogota 8 04040 NM4*&04 ARABIA lot headed Sea @&@so *@&@sea 1#84 9404 0 5 $am A 4 ARM calls L/.
8.0 Severability, ...................................................................................................................13
Appendix.................................................................................................................................14
Appendix A: Bighorn Urban Renewal Area Legal Description and Map.................................................14
Appendix B: Excerpts from 2013 Firestone Master Plan........................................................................19
Bighorn Urban Renewal Plan
La Introduction
1.1 Preface
This Bighorn Urban Renewal Plan (the "Plan" or the "Urban Renewal Plan") has been prepared for the
Town of Firestone, Colorado, which is a statutory town of the State of Colorado (the "Town"). The Plan
will be carried out by the Firestone Urban Renewal Authority (the "Authority"), pursuant to the
provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado
Revised Statutes, 1973 (the "Act"), as in effect on the date of approval of this Plan. The administration
and implementation of this Plan, including the preparation and execution of any documents
implementing it, shall be performed by the Authority.
1.2 Blight Findings
Under the Act, an urban renewal area is a blighted area, which has been designated as appropriate for
an urban renewal project by the Board of Trustees of the Town ("Town Board"). In each urban renewal
area, conditions of blight, as defined by the Act, must be present, and in order for the Authority to
exercise its powers, the Town Board must find that the presence of those conditions of blight
substantially impair or arrest the sound growth of the municipality or constitutes an economic or social
liability, and is a menace to the public health, safety, morals or welfare.
The Bighorn Conditions Study prepared by DGC Consulting, dated October 2019, provided to the
Authority under separate cover and incorporated herein by this reference (the "Conditions Study"),
demonstrates that the Bighorn Study Area ("Study Area"), as defined in the Conditions Study, is eligible
to be declared a blighted area by the Town Board under the Act.
1.3 Other Findings
The Area (defined in Section 1.4) is appropriate for an urban renewal project to be carried out by the
Authority. The activities and undertakings that constitute the urban renewal project as defined in the
Act include, without limitation, demolition and clearance of existing improvements, site preparation,
installation of needed public improvements, relocation of and provision of new utilities, parking
improvements, traffic improvements, and life safety measures. Such actions are necessary to eliminate
unsafe conditions, obsolete and other uses detrimental to the public welfare, and otherwise remove and
prevent the spread of blight.
As required by §31-25-107(4)(g) of the Act, this Urban Renewal Plan will afford maximum opportunity,
consistent with the sound needs of the Town, for the redevelopment of the Urban Renewal Area by
private enterprise.
It is the intent of the Town Board in adopting this Plan that the Authority exercises all powers authorized
in the Act which may be necessary, convenient, or appropriate to accomplish the objectives of this Plan,
including the power of eminent domain. It is the intent of this Plan that the Authority may exercise all
such powers as may now be possessed or hereafter granted for the elimination of qualifying conditions
in the Area.
1
Bighorn Urban Renewal Plan
g. Defective or unusual conditions of title rendering the title non -marketable;
h. The existence of conditions that endanger life or property by fire and 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; or
1. 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 (k.5) of this subsection (2), substantially impairs or
arrests the sound growth of the municipality, liability, and is a menace to the public health,
safety, morals, or welfare. For purposes of this paragraph (I), 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.
Board of Trustees —means the Town of Firestone Board of Trustees.
Bonds —shall have the same meaning as in §31-25-103(3) and 109 of the Act, and, without limitation,
includes costs pursuant to any Redevelopment/Development Agreements or other reimbursement
agreements between the Authority and owners and developers, and cooperation or pledge agreements
between the Authority and one or more Districts.
Conditions Study (or Study or Survey) —has the meaning given to such term in Section 1.2 above.
Cooperation Agreement —means any agreement between the Authority and Town, or between the
Authority and any public body (the term "public body" being used in this Plan is as defined by the Act)
respecting action to be taken pursuant to any of the powers set forth in the Act, including but not
limited to the allocation of Increment Valuation Revenues, or in any other provision of Colorado law, for
the purpose of facilitating public undertakings deemed necessary or appropriate by the Authority under
this Plan.
County Treasurer —means the Weld County Treasurer.
C.R.S. —means the Colorado Revised Statutes, in effect on the Effective Date of Plan Approval.
District (or Districts) — means a metropolitan district which is aquasi-municipal corporation and political
subdivision of the State of Colorado organized under the Colorado Special District Act, 32-1-101, et seq.,
C.R.S., as from time to time amended, or a business improvement district which is a quasi -municipal
3
Bighorn Urban Renewal Plan
Fax Increment Financing or TIF — means tax increment or allocation financing described in §31-25- 107(9)
of the Act as in effect on the date this Plan is approved by the Town Board. Tax Increment Financing
shall be required for the full Duration to carry out all activities and undertakings to complete the Urban
Renewal Project, including, without limitation, payment of all Bonds.
The main public purpose of this Plan is to reduce, eliminate, and prevent the spread of blight within the
Area through redevelopment by private enterprise. The Plan sets goals to achieve this through
implementing established objectives for the Area and assisting with the eligible costs of redevelopment,
promoting economic growth, and private investment through the tools available within the context of
urban renewal tools, laws, and guidelines, including, without limitation, Tax Increment Financing.
Establishment of the Urban Renewal Area will take advantage of improving conditions and the upcoming
development cycle by focusing urban renewal efforts in a small Area for the Duration in accordance with
the mandates of the Act.
The Authority commissioned a Conditions Study by DGC Consulting to determine if the Urban Renewal
Area contained the factors that constitute a Blighted Area as defined in §31-25-103 of the Act. The
Conditions Study was issued and approved in ( insert date ). It concluded that five of the statutory
factors are present in the Area, which supports a finding by the Town Board that the Area is a Blighted
Area as defined in the Act.
Before an urban renewal plan can be approved and adopted by the Town Board, the area must be found
and declared to be a "blighted area" as defined in Section 31-25-103(2) of the Act. The Act provides
that, in order for blight to be present within the area, at least four specific blight factors must be present
in the area, and that such area, in its present condition and use 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 nonmarl<etable;
Bighorn Urban Renewal Plan
Implementation of this Plan supports the objectives and requirements of the Comprehensive Plan with
respect to connectivity to neighborhoods, accessibility to open space, completion of infrastructure, and
preservation of natural features, and quality design that promotes Firestone's unique identity. As
development occurs in the Area, it shall conform to the Comprehensive Plan and any subsequent
updates; the Firestone Building Code, the Firestone Municipal Code, the Firestone Development Code,
and any rules, regulations, and policies promulgated pursuant thereto; any site -specific planning
documents that might impact properties in the Area including, but not limited to, Town -approved site,
drainage, and public improvement plans; and, any applicable Town design standards, all as in effect and
as may be amended from time to time. Finally, existing conditions present within the Area will be
remedied by the proposed Plan, which remediation may be funded in whole or in part by tax increment
revenues and improvements phased as the market allows.
5.2 Consistency with Comprehensive Plan
As explained above, a comprehensive or general plan for the Town Known as the Firestone Master Plan
was adopted in 2013. The Authority, with the cooperation of the Town, private businesses, and other
public bodies, will undertake projects and activities described herein in order to eliminate the identified
conditions of blight while also implementing the goals and objectives of the Comprehensive Plan and all
other Town -adopted plans which impact properties within the Area. These include the recent key goals
and policies of that plan which this Urban Renewal Plan will advance are described in detail in Appendix
B: Excerpts from 2013 Firestone Master Plan.
5.3 Relationship to Other Community Plans
Implementation of this Plan will be consistent with the development goals and objectives in other
community plans and guides which pertain to development in the Area. The Sump Basin Master
Drainage Plan (2010), Town of Firestone Raw Water Irrigation System Master Plan (2010), Town of
Firestone Potable Water Master Plan (2010), South Weld 1-25 Corridor Master Plan (2010), Town of
Firestone Design Criteria and Construction Regulations, and Town of Firestone Parks Design Criteria
Manual.
The Act allows for a wide range of activities to be used in the implementation of an urban renewal plan.
The Authority is authorized to provide both financial assistance and improvements in partnership with
property owners and other affected parties in order to accomplish the objectives stated herein. Public -
private partnerships and other forms of cooperative development, including Cooperation Agreements,
will be essential to the Authority's strategy for preventing the spread of blight and eliminating existing
Bighorn Urban Renewal Plan
Study Area, which has not been annexed to a sanitation district. The South Platte Supply Canal
crosses the southern and eastern parts of the Study Area and is a significant obstacle to
development.
Urban renewal tools and resources can help finance development that provides right-of-way
and other public land dedications. They can also be used to finance and construct physical
improvements to public streets, utilities, and parks. Urban renewal tools and resources may
also support mitigation measures to reduce the impact of the existing irrigation canal crossing
the Area.
g. Defective or unusual conditions of title rendering the title nonmarl<etable —OBSERVED
The Special Use Permit (SUP) approved in 2018 by the Town of Firestone prescribes conditions
related to drilling 19 oil and gas wells in the south portion of the Study Area. Features of the
SUP include drilling equipment, tanks, fencing, parking areas, and access roads. The SUP and the
conditions that it imposes on property within the Study Area are legal limitations that will make
it difficult to market and/or develop property within the Study Area. In addition, existing oil and
gas wells, even if they were plugged, will impose limitations on how the property in the Study
Area can be developed. The South Platte Supply Canal easement also makes that portion of the
Study Area non -developable.
Urban renewal tools and resources can be used to address issues related to the irrigation canal
easement as well as finance and construct measures to mitigate the impacts of the oil and gas
wells within the Area.
Therefore, conditions of title may make portions of the Study nonmarl<etable for development.
it Project Development Plan
The primary goal of this Plan is to eliminate the current conditions of blight in the Area and prevent
those conditions from reoccurring. Recognizing that oil and gas wells are the inal activity planned for
the Area, ultimate development is residential housing planned around decommissioned or operating oil
and gas wells primarily located in the southern part of the site. This can be accomplished through
careful site planning that provides ample open space and other natural buffers where oil and gas wells
are located. However, the Authority is authorized to approve any uses for the Area that eliminate blight
and are consistent with the Comprehensive Plan and applicable zoning, including, without limitation,
mixed use development, including residential, commercial, industrial, and public uses.
6.3 Complete Public Improvements and Facilities
The Authority may undertake certain actions to make the Area more attractive for private investment.
The Authority may, or may cause others, including, without limitation, one or more Districts to install,
construct, and reconstruct any public improvements, including, without limitation, parking facilities. The
Authority may, or may cause others to, demolish and clear buildings and existing improvements for the
purpose of promoting the objectives of the Plan and the Act. Additionally, the Authority may, or may
Bighorn Urban Renewal Plan
The Authority may sell, lease, or otherwise transfer real property or any interest in real property subject
to covenants, conditions, and restrictions, including architectural and design controls, time restrictions
on development, and building requirements in accordance with the Act and this Plan.
6.8 Enter into Redevelopment / Development Agreements
The Authority may enter into Redevelopment /Development Agreements or other contracts with
developer(s) or property owners or such other individuals or entities determined to be necessary to
carry out the purposes of this Plan, including the pledge by the Authority of Available Property Tax
Increment Revenues to pay eligible costs pursuant to the Act or any other applicable law. Further, such
Redevelopment/ Development Agreements, or other contracts, may contain terms, provisions, activities,
and undertakings contemplated by this Plan and the Act. Any existing agreements between the Town
and private parties that are consistent with this Plan are intended to remain in full force and effect,
unless all parties to such agreements agree otherwise.
6.9 Enter Into Cooperation Agreements
The Authority is authorized to enter into such Cooperation Agreements as may be required by the Act,
including tax sharing agreements. The Authority may also use the mediation and other provisions of the
Act when necessary to provide adequate financing to carry out this Plan. This paragraph shall not be
construed to require any particular form of cooperation.
6.10 Other Project Undertakings and Activities
Other Project undertakings and activities deemed necessary by the Authority to carry out the Plan may
be undertaken and performed by the Authority or pursuant to agreements with other parties or public
bodies in accordance with the authorization of the Act and any applicable law or laws.
The Authority is authorized to finance the Project by any method authorized by the Act or any other
applicable law, including without limitation, appropriations, loans or advances from the Town; federal
loans and grants; state loans and grants; interest income; pay as you go arrangements; annual
appropriation agreements; agreements with public and private parties or entities including, without
limitation, Districts; issuance of Bonds; sale of securities; Tax Increment Financing (including property
tax increments); loans, advances and grants from any other available source.
Any financing method legally available to the Town, the Authority, any private developer, redeveloper or
owner may be used to finance in whole or in part any lawful cost or financial obligation, including
without limitation, the cost of public improvements described, authorized or anticipated in the Act or
Plan or in any manner related or incidental to the redevelopment of the Area. Such methods may be
combined to finance all or any part of the Project. Any financing method authorized by the Plan or by
any applicable law, including without limitation, the Act, may be used to pay the principal of and interest
on and to establish reserves for Bonds and all forms of indebtedness (whether funded, refunded,
assumed or otherwise) incurred by the Authority or the Town to finance the Project in whole or in part.
11
Bighorn Urban Renewal Plan
Available Property Tax Increment Revenues shall be irrevocably pledged by the Authority for the
payment of the principal of, the interest on, and any premiums due in connection with such Bonds,
including any loans, advances and other indebtedness incurred by the Authority to finance the Urban
Renewal Project, but excluding any offsets collected by the County Treasurer for return of overpayments
or any reserve funds reserved by the Authority for such purposes in accordance with §31-25-
107(9)(a)(III) and (b) of the Act, and also excluding a reasonable amount each year as determined by the
Authority for payment of maintenance and operating expenses associated with administering the Plan,
carrying out the Urban Renewal Project, and maintaining the existence of the Authority.
The Available Property Tax Increment Revenues (as described and defined in this Plan) are immediately
subject to the lien provided by the provisions of §11-57-208, C.R.S., effective as of the date this Plan is
approved by the Town Board of Trustees. Such pledge is necessary and required for the benefit of the
Authority and private enterprise to carry the Urban Renewal Project in accordance with the
requirements of §31-25407(4)(g) of the Act. Such Available Property Tax Increment Revenues are and
shall be subject to the lien of such pledge for the Duration of the Project without any physical delivery,
filing, or further act. The creation, perfection, enforcement and priority of the pledge of the Available
Property Tax Increment Revenues as provided herein shall be governed by §11-57-208, C.R.S. The lien of
such pledge on the Available Property Tax Increment Revenues shall have priority over any and all other
obligations and liabilities of the Authority with respect to the Available Property Tax Increment
Revenues.
If any portion of this Plan is held to be invalid or unenforceable, such invalidity will not affect the
remaining portions of the Plan.
+�3
Bighorn Urban Renewal Plan
Firestone Big Horn Urban Renewal Area
BEING A PART OF SECTION 17, T2N, R67W OF THE 6T" P.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 17, THENCE S 89052135" W, 330.00 FEET
ALONG THE NORTH LINE OF SAID SECTION 17 TO A POINT; THENCE S 02609'00" W A DISTANCE OF 30.02
FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND, AND THE TRUE POINT OF BEGINNING:
THENCE S 02009'00" W, 1359.91 FEET TO A POINT;
THENCE N 32°06100" E, 182.82 FEET TO A POINT;
THENCE N 49005'10" E, 95.06 FEET TO A POINT;
THENCE N 56044'35" E, 104.76 FEET TO A POINT;
THENCE N 68047140" E, 58.42 FEET TO A POINT 30 FEET WEST OF THE EAST LINE OF THE NORTHEAST
OF SAID SECTION 17;
THENCE S 02009'00" W, 1544.15 FEET ALONG A LINE 30 FEET WEST OF AND PARALLEL TO THE EAST LINE
OF THE NORTHEAST % OF SAID SECTION 17 TO A POINT;
THENCE S 01050'35" W, 1921.15 FEET ALONG A LINE 30 FEET WEST OF AND PARALLEL TO THE EAST LINE
OF SAID SECTION 17 TO A POINT;
THENCE S 22°48'07" W, 81.53 FEET TO A POINT OF CURVE TO THE RIGHT;
THENCE 199.62 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF TANGENT, SAID ARC HAVING A
RADIUS OF 165.00 FEET, A DELTA ANGLE OF 69°19'00" AND BEING SUBTENDED BY A CHORD THAT
BEARS S 57027'37" W, 187.66 FEET;
THENCE N 87052'53" W, 395.81 FEET TO A POINT;
THENCE N 75°49'03" W, 153.75 FEET TO A POINT;
THENCE S 00009'57" W 574.76 FEET TO A POINT 30 FEET NORTH OF THE SOUTH LINE OF THE
SOUTHEAST''/, OF SAID SECTION 17;
THENCE S 89025'57" W, 612.03 FEET ALONG A LINE 30 FEET NORTH OF AND PARALLEL THE SOUTH LINE
OF THE SOUTHEAST ''/< SAID SECTION 17 TO A POINT;
THENCE N 00°34'03" W, 633.60 FEET TO A POINT;
THENCE N89025'57" E, 105.00 FEET TO A POINT;
THENCE N 00034'03" W, 660,00 FEET TO A NO.4 REBAR WITH AN ALUMINUM CAP STAMPED LS 2149;
THENCE CONTINUING N 00*34103" W, 325.07 FEET TO A NO.5 REBAR WITH A PLASTIC CAP STAMPED
PLS 22576;
THENCE S 89025'57" W, 670.00 FEET TO A NO. 5 REBAR WITH A PLASTIC CAP STAMPED PLS 22576;
THENCE N 00034'03" W, 99.75 FEET TO A N0.4 REBAR WITH AN ALUMINUM CAP STAMPED LS 2149 AT
A POINT OF CURVE TO THE LEFT;
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Bighorn Urban Renewal Plan
Appendix B: Excerpts from 2013 Firestone Master Plan
Town of Firestone Master Plan, adopted 2013 (excerpts taken verbatim, but formatted for
clarity). Policies summarized here are relevant to the proposal Urban Renewal Area.
12.0 LAND USE
12.1 Community Character Elements
Firestone has a character unique to the region. A variety of elements work together to create the
Firestone community, including the following:
• A transportation system that is properly designed and constructed to meet the current
needs of the existing traffic volumes.
• A comprehensive and unified parks and trails system. Firestone is a pedestrian and non -
motorized connected community, where one can walk to work, home or service centers on
a comfortable and convenient trail system.
• Effective and efficient public safety and security. Without public safety, Firestone citizens
and employees cannot be free to enjoy the benefits of their community.
• "Four-sided" architecture is required along major streets and visual corridors.
• A "world class" Central Park campus that inspires national and international recognition as a
Civic, Cultural and Community Center.
• Superior recreational facilities, including the Firestone Regional Sports Complex.
• A balanced approach to a blend of housing and commercial opportunities.
• An equal number of available jobs to employable citizens.
• A focus on a comprehensive "cradle" to "grave" land use and community system where all
components of the life cycle are considered and accommodated.
• A community where the freedom to worship is fully embraced.
• A specific focus on the senior segments of the Firestone community, to assure these
residents are appropriately considered in land use and community decisions. If optimized,
the senior population can bestow valuable leadership and wisdom that comes from
experience of time.
• Proper transition and integration between different types of land uses.
• Convenient access to a wide variety of retail goods and services.
• Downcast lighting and strategies to effectively preserve the "night sky."
• Low, but appropriate, taxes.
• Stable political leadership.
• A tangible and inspired sense of community.
12.2 Employment and Office
Employment and Office land use areas provide for office and light industrial uses where primary
employment opportunities exist.
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Bighorn Urban Renewal Plan
12.8 Parks, Trails, Open Space, and Recreation
One of the key features of the Firestone Parks and Trails system is the Firestone Trail, which is an
integral part of the Colorado Front Range Trail system. This approximately 9 mile long trail is generally
shown in Figure 17. Firestone sold its ownership in the trail south of SW52 to the City of Dacono, to
enable Dacono to annex it and coordinate trail development.
Since acquisition by the Town in 1997, numerous improvements to the Firestone Trail have been
installed by the Town. Over half of the entire length of the Firestone Trail within the Urban Growth
Boundary has been paved with a 10-foot wide concrete trail. It is planned that the area outside of the
Town Boundary, the Firestone Trail will be maintained in a dirt or crusher fines surface.
12.9 Community Separators
Community Separators are areas intended for non -urban development. Agricultural farming and
ranching uses are encouraged in these areas, except for large scale dairy farming and poultry
operations, which are considered too intense to be compatible with the urban development. The Town
should continue to work with local governments and private individuals and groups to develop detailed
acquisition strategies and implementation plans to potentially acquire development rights and
conservation easements in these areas.
12.10 Educational Facilities
The St. Vrain Valley School District and the Weld RE4 School District prepare a facilities plan
for their respective areas of the MPA. Based on average residential densities, approximately one
elementary school is required for each section. A high school site is planned for the Central Park
property as described in Section 12.11.
12.11 Central Parl< and Other Public Facilities
The Firestone Board of Trustees, Planning Commission, and Parks, Trails and Recreation Advisory Board
have worked diligently with public input to refine the overall master plan for Firestone's 272-acre
Central Park, which was acquired by the Town in 2005. Central Parl< has been planned to be a class campus campus that inspires national and international recognition as a civic, cultural and community
center. An Amended Preliminary Development Plan for the Park was approved in 2009. Specific focus
has been on architectural styles and themes for building and park amenities.
12.12 Historic Firestone and "The Loop"
The extension of McClure Street to Colorado Boulevard is a high priority. This extension is critical to the
development of "The Loop". By having access to Colorado Boulevard from both McClure Street and
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