HomeMy WebLinkAbout 19-108 Bighorn Urban Renewal-FURA Eminent Domain AuthoritizationRESOLUTION 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 determine 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 AO Impact Report dated October 2019 (the "Impact
Report")has been timely submitted to the Weld County Board of County Commissioners 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
he "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
199S738S.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 Plan are matters of public
record in the custody of the Town Clerk 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 healing
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 arYests
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. § 31-25-107(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.
19957385.3
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
setforth inC.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 S. 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 may be 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
A 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 cormnencement
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
Trustees did not fail to previously approve this Plan.
Section 14. As previously determined by the Town Planning and Zoning Commission, the
Town Board of Trustees also finds that the Plan is m 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)(I1), 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. § 31-25407(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 hnds 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, HEAD AND ADOPTED this 201li day of November, 2019.
TOWN OF FIRESTONE, COLORADO
A I" MO,
Bobbi Sindelar, Mayor
ATTEST;
T10 .;
UL
Lo 2 6L g . O
Acting Town Cleric C�`°.
APPROVED AS TO FORM:
William' "Hayashi, Town Attorney
19957385.3
EXHIBIT A
Conditions Study for Bighorn Study Area
[see attached]
19957385.3
Conditions Study for Bighorn Study Area
Firestone, Colorado
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 Study
Background information and other data have been furnished to DGC Consulting (DGCJ by the
Firestone Urban Renewal Authority (FURAJ, Town of Firestone, and/or third parties, which DGC has
used in preparing this report. DGC has relied on this information as furnished, and is neither
responsible for nor has confirmed the accuracy of this information.
Bighorn Study Area Conditions Study
Contents
1. Introduction.................................................................................... 1
1.1. Purpose. . 0 a a a 0 a 0 6 0 a a a a 6 0 a 0 a 0 6 0 a 0 a I 1 9 1 a 0 a 0 6 a 0 a a a a a a a a a a a a 1 9 0 a 1 0 a a a a I a a 8 1 4 a a a a 4 a a a 4 a 4 4 R 4 2 a a A a * 0 & a 0 a 0 1 0 0 a a a a a 9 0 a 0 9 a a a I a 0 a 0 a a a a a a a a 0 0 a a 0 4 a 0 0 0 a a 0 a 0 a 1
1.2. Colorado Urban Renewal Law.....................................................................................................1
1.3. Study Methodology.... sessallso 3
2. Study Area Analysis...............................................................
2.1 Study Area...................................................................................................................................4
2.2 Existing Conditions. a 9 a 0 a 0 a 0 1 0 4 a 0 1 0 1 a I a a 0 4 a 0 A a a 0 6 a a a a a 6 a 6 0 0 0 a a 0 a I a a a I 1 0 1 a 0 a a a a a a a a a a a a I a 0 1 a 4 0 a a 4 a a a a a a a a 0 0 a 0 a 0 a a 7
2.3 Field Survey Approach...............................................................................................................13
2.4 Desktop Analysis........................................................................................................................13
2.5 Blight Factor Evaluation Criteria................................................................................................13
2.6 Results of the Study Area Analysis............................................................................................17
3. Summary of Findings and Conclusions .......................................... 25
3.1 Findings.....................................................................................................................................6 25
3.2 Conclusions................................................................................................................................26
Appendix................................................................................................ 33
Appendix A: Sources Consulted. . a 0 a a 0 2 a 0 0 a 0 a A 1 6 a a & a 0 a a a 0 a ft 0 a a a 6 a a 0 a 0 ft a 0 a a a 1 0 a 0 a a 0 0 6 a a 0 a I a a a a a a a a a 4 1 1 a I a a a 0 A 0 h 0 a a 0 a 4 t 0 a 6 a 0 a a 0 0 a a 0 a 0 a a a a a 8 0 0 0 0 3 3
List of 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.............................................................................................................. 8
Exhibit 3-1: Field Survey Photo -Reference Map........................................................................................ 28
Exhibit 3-2: Field Survey Photographs.......................................................................................................31
List of Figures
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 a 8 4 a 4 a a a a a 9 4 4 A 9 4 4 a 4 4 a a 9 9 a a 4 4 a a a a 4 0 a 0 A a A I A a a a I a 0 0 a a & a 6 a a a 0 a 0 a 0 a a a a a a a a a a a a 0 4 a a a 9 4 a a 8 0 8 a 8 a 4 1 estate 23
Figure 2-4 View south along eastern Study Area border. . 4 8 a 1 0 9 5 4 0 4 0 4 A a 6 0 a 0 a a a a a 0 a 6 a a * 0 a A * a 0 a a a 1 0 a 0 6 0 a a a a a a a 0 4 a I a I a a 0 a a a a 8 a a 4 a A A a 424
Figure 2-5 View north from Pine Cone Avenue. a 6 1 6 a a 6 a a 6 a 6 a 0 a 6 a & 6 a 6 a a 6 a 6 a a a 6 a 6 a a 6 a a a a 24
List of Tables
Table2-1: Study Area Parcel........................................................................................................................ 7
Table 2-2: Study Area Surrounding Land Uses............................................................................................. 9
Table 2-3: Oil and Gas Well Summary. . a a 0 6 9 a a a 6 a 6 a a a 0 a 6 a 6 6 a 0 & a 0 8 0 a 0 a a a 8 0 a a 0 0 0 5 a a a A 0 a o a a a a a a 0 0 a a a 0 a a 6 0 6 0 6 a a & a a 6 0 a 6 6 a a a 6 a 6 a 6 & 6 & 6 a 0 a 6 4 a a a 0 2 0 a 11
Table 2-4: Study Area Conditions Summary.............................................................................................. 21
Table 3-4: Photographic Reference Sheet Detail. K a a a a a a a a a a a a a K a a 0 6 a 6 a a a a a a a a 6 a a a a a a a 0 a a a 6 d 6 4 a 0 a 0 a 0 4 a a a a a a a 0 a a a 0 a a 0 a 0 4 a a 0 4 a 9 s a 0 a a 0 a 6 a 6 2 9
Bighorn Study Area Conditions Study
1. Introduction
This report presents the conditions ("blight") survey, analysis, findings and underlying rationale for the
Bighorn Conditions Study ("Conditions Study", or "Study"), which was undertaken by DGC Consulting
("DGC"). DGC conducted the field survey on April 15, 2019.
1.1. Purpose
The purpose of the Study is to determine whether there exists slum or blight conditions within the
Bighorn Study Area ("Study Area") within the meaning of Colorado Urban Renewal Law, and whether
the Study Area should be recommended for such urban renewal efforts as the Town of Firestone
("Town") may deem appropriate to remediate existing conditions of slum or blight and to prevent
further deterioration and blight.
1.2. Colorado Urban Renewal Law
In the Colorado Urban Renewal Law, Colorado Revised Statutes § 31-25-101 et seq. (the "Urban Renewal
Law"), the legislature has declared that an area of slum or blight
...constitutes a serious and growing menace, injurious to the public health, safety, morals, and
welfare of the residents of the state in general and municipalities thereof; that the existence of
such areas contributes substantially to the spread of disease and crime, constitutes an economic
and social liability, substantially impairs or arrests the sound growth of municipalities, retards
the provision of housing accommodations, aggravates traffic problems and impairs or arrests the
elimination of traffic hazards and the improvement of traffic facilities; and that the prevention
and elimination of slums and blight is a matter of public policy and statewide concern....
Before action can be taken by a public agency, however, the Urban Renewal Law requires a finding by
the appropriate governing body that an area exhibits conditions of slum or blight.
The determination that an area constitutes a slum or blighted area is a cumulative conclusion
attributable to the presence of several physical, environmental, and social factors. Indeed, slum or
blight is attributable to a multiplicity of conditions, which, in combination, tend to accelerate the
phenomenon of deterioration of an area. For purposes of this study, the definition of a blighted area
articulated in the Urban Renewal Law 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:
a. Slum, deteriorated, or deteriorating structures;
0
Bighorn Study Area Conditions Study
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 § 31-25405.5(2) (a) (1)). 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) (1)).
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
Bighorn Study Area Conditions Study
on a building -by -building basis. Interstate Trust Building Co. v. Denver Urban Renewal Authority, 473
P.2d 978, 981 (Colo. 1970).
Third, a governing body's "determination as to whether an area is blighted... is a legislative question and
the scope of review by the judiciary is restricted." Tracy, 635 P.2d at 909. A court's role in reviewing
such a blight determination is simply to determine whether the municipality has exceeded its
jurisdiction or abused its authority.
1.3. Study Methodology
DGC was retained to perform an independent survey of the Study Area and to determine whether it
contains conditions of slum or blight so as to constitute a blighted area under the Urban Renewal Law.
Based upon the conditions observed in the field, this Study makes a recommendation as to whether the
Study Area is blighted within the meaning of the Urban Renewal Law. The actual determination itself
remains the responsibility of the legislative body, in this case, the Town Board of Trustees.
An important objective of this study is to obtain and evaluate data on a wide range of physical and non-
physical conditions that are present in the Study Area. Information about the Study Area was collected,
analyzed, and documented according to the following tasks:
■ Task 1: Project Initiation, Data Collection and Mapping
■ Task 2: Field Survey, Research and Verification
■ Task 3: Documentation and Presentation of Findings
Tasks 1 and 2 are described in Section 2, Study Area Analysis. Task 3 is described in Section 3, Summary
of Findings.
3
Bighorn Study Area Conditions Stud
2. Study Area Analysis
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.
Biqhorn Study Area Conditions Stud
Exhibit 21: Study Area Boundary Map
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5
Bighorn Study Area Conditions Study
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Bighorn Study Area Conditions Study
2.2 Existing Conditions
Background:
This Conditions Study was conducted on April 15, 2019, followed by research and desktop analysis of
physical conditions. Other than the recently developed drilling pad site and related improvements, the
site features shown on Google Map and Google Earth Pro aerial imagery were consistent with conditions
observed during the field survey.
Parcel Surveyed:
The Study Area is comprised of a single parcel totaling 235.43 acres, according to the legal description
(dated April 25, 2019). It is the eastern half of Section 17, The Weld County Assessor's information is
slightly less (232.88 acres), and is summarized on Table 2-2: Study Area Parcel. However, for the
purpose of this Study, this difference in acreages is not considered to be important. The parcel
boundaries according to the legal description are illustrated on Exhibit 2-3: Study Area Parcel Map.
Table 2-1: Study Area Parcel
Account
Parcel
Area
No.
Number
Area (SF)
(Acres)
Legal
Owner
Address
FIR TMP LOT A AMD
Firestone Venture
2420 171h St Suite 3051,
R7762599
131117006001
10,144,253
232.88
TEETS MINOR PLAT
LLC
Denver, CO 80202-2507
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Bighorn Study Area Conditions Stud
Exhibit 2-3: Study Area Parcel Map
LEGEND
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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 Study
Development and Land Use.
The Study Area is in the easternmost side of the Town of Firestone. The parcel adjoins Sable Avenue
(County Road 22, a public right-of-way) on the north, private agricultural land on the east (which is on
alignment with Ingalls Street, were it to be extended), private residential land and Pine Cone Avenue
(County Road 20, also a public right-of-way) on the south, and subdivided land on the west that is
developed with estate lot residential houses, as well as some frontage on Del Camino Lane, which is a
public, residential street.
Land uses are summarized in Table 2-2: Study Area Surrounding Land Uses.
Table 2-2: Study Area Surrounding Land Uses
Area
Land Use
Rural estate
residential, agricultural, vacant
North of Study Area
land, public
right of -way (Sable Ave)
Study Area
Agricultural
East of Study Area
Agricultural,
rural residential
Rural estate
residential, agricultural, vacant
South of Study Area
land, public
right of -way (Pine Cone Ave)
West of Study Area
Rural estate
residential, agricultural, vacant
land
Source: Google Map
Future growth and development decisions are guided by the Town of Firestone Master Plan (2013),
Firestone Zoning Map (2019), and Town of Firestone Development Regulations, which include zoning
and subdivision regulations, and other supporting documents.
Zoning:
At the time of the field survey, the parcel in the Study Area was zoned PUD-RA (Planned Unit
Development Residential — A) per Ordinance 355 in 1997. According to Town of Firestone Zoning
Regulations, a PUD (Planned Unit Development) provides the opportunity for mixed and multiple use
districts where both residential neighborhoods and nonresidential areas can be comprehensively
planned and developed. All major categories of land use including industrial, office, commercial,
residential, public uses, and open space can be incorporated into a PUD.
The Study Area was annexed to the Town of Firestone as part of the Teets Annexation No. 2 and 3.
Related to the annexation, the landowners submitted the Teets PUD Outline Development Plan that
covered 929.3 acres. The Teets PUD Outline Development Plan to PUD - RA zoning was approved in
1997.
G
Bighorn Study Area Conditions Study
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.
if
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
wells will go into production. The timeframe for production is expected to be 15 years, after which the
wells will be capped.
In addition, there are approximately 20 active or formerly active oil/gas well locations within the Study
Area and approximately 92 within one -quarter mile of the Study Area, according to the website and
maps provided by the Colorado Oil and Gas Commission. These locations are classified as: shut in,
abandoned location, plugged and abandoned, producing, and drilling, and are summarized on Table 2-3:
Oil and Gas Well Summary. A graphic of the well locations taken from the website is included as Figure
1: Oil and Gas Well Locations.
Existing wells, whether operational, decommissioned, or abandoned, are a site encumbrance that
contributes to blight. Future development in the Study Area will need to proceed in a manner that
removes these oil and gas recovery facilities or includes appropriate mitigation measures and site
planning to eliminate and prevent blight.
Taken together, these conditions support the following blight factors: deterioration of site or other
improvements, unusual topography of public improvements, and defective or unusual title conditions.
Table 2-3: Oil and Gas Well Summary
ID
Description
Within Study
Area
1/4 mile outside
of Study Area
S 1
Shut in
5
16
A L
Abandoned Location
2
4
P A
Plugged & Abandoned
4
12
P R
I Producing
4
53
D G
Drilling
5
9
Total locations
20
94
'Source: Colorado Oil and Gas Commission website (2019)
11
Bighorn Study Area Conditions Study
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 Underutilization:
The Study Area is currently being used for agriculture and oil and gas drilling and is not considered to be
vacant and underutilized.
12
Biqhorn Study Area Conditions Stud
2.3 Field Survey Approach
The physical site survey was conducted on April 15, 2019. The majority of the blight factors were
addressed during the site visit — exceptions being those which were not considered or were analyzed
through "desktop analysis" (see description below). Each observation of a blight factor observed during
the field survey, as described in Section 1, was tallied on a survey matrix with a numbered photograph
(located on a map graphic). The field survey information is summarized as follows:
■ Locations of the observations and photographs are documented on an aerial photo for the
survey area (Exhibit 34: Field Survey Photo -Reference Map). Note that the numbers on the
aerial image reference numbered photos in the tables.
■ The survey observations are summarized on Table 24: Study Area Observed Conditions
Summary. A more detailed list of observations is included in Chapter 3. Note again the cross-
referencing of numbered photos.
■ The narrative is supplemented with relevant photographs that highlight the observations. A
complete set of photographs is included in Chapter 3.
2.4 Desktop Analysis
In addition to the field survey, further analysis was performed in an office setting. This "desktop
analysis" (D.A. on the tables) included review of information provided by the Town of Firestone, Weld
County Assessor, Crestone Resources, public domain aerial photography (Google Map), and other
documentation in order to comprehensively assess the existing conditions within the Study Area. The
Town also provided a concept plan prepared by Firestone Venture, LLC, which is the current owner of
the surface rights of the property. The following Urban Renewal Law blight factors were evaluated as
part of the desktop analysis:
b. Defective or inadequate street layout
c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness
g. Defective or unusual conditions of title rendering the title nonmarketable
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
j. Environmental contamination of buildings or property
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
2.5 Blight Factor Evaluation Criteria
DGC Consulting developed the following evaluation criteria for examination of the eleven blight factors
(a through k.5). These criteria were evaluated during the field survey and review of available
supplemental documentation during the desktop analysis. Each factor is indicated on Table 2-4: Study
13
Bighorn Study Area Conditions Study
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
The presence of the following conditions could contribute to an unsafe or unsanitary environment
within the Study Area and surrounding community:
■ Poorly lit or unlit areas
■ Cracked or uneven surfaces for pedestrians
■ Poor drainage
■ Insufficient grading or steep slopes
■ Presence of trash and debris
■ Presence of abandoned or inoperable vehicles
■ Presence of hazardous materials or conditions
■ Presence of vagrants/vandalism/graffiti/pests
■ Other (operating, capped or plugged oil/gas wells)
e. Deterioration of site or other improvements
This factor focuses on conditions that indicate the lack of general maintenance of a structure, site, or
through the presence of these conditions, the environment that reduces the site's usefulness and
desirability:
■ Deterioration or lack of parking lot or site pavement
■ Deterioration or lack of site curb and gutter
■ Deterioration or lack site sidewalks and pedestrian areas
■ Deterioration or lack of outdoor lighting
■ Deterioration or lack of site utilities
■ Deterioration or lack of surface drainage facilities
■ Inadequate site maintenance
■ Non-conformance to site development regulations
■ Deterioration of signage
■ Other (deteriorated fencing/stairways/site improvements/walls)
f. Unusual topography or inadequate public improvements or utilities
This factor identifies key deficiencies in the off -site and on -site public infrastructure and topography
within the Study Area, including:
■ Poor site grading
■ Deterioration of street pavement in right-of-way
■ Deterioration or lack of curb and gutter in right-of-way
■ Insufficient street lighting in right-of-way
■ Presence of overhead utilities in right-of-way
■ Deterioration or lack of sidewalks in right-of-way
■ Deteriorated utilities in right-of-way
■ Other (public infrastructure that limits development)
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 conons 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)
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 Study
■ Other evidence of environmental contamination
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
These additional criteria are typically not visible during a field survey, but could hinder redevelopment
when present:
■ High levels of vacancy
■ High levels of municipal code violations
■ High levels of vehicular accident reports
■ High levels of requests for emergency services
■ Other evidence of required high level of municipal services
■ Other evidence of substantial physical underutilization
2.6 Results of the Study Area Analysis
The overall findings of the Study Area analysis are presented in this section. Table 24: Study Area
Observed Conditions Summary tabulates the results of the field survey and desktop analysis and Figures
2-2 to 2-7 (which follow Table 2-4) are representative photographs of field observations. A complete set
A photographs that correlate by number with Photographic/Desktop Analysis Reference Sheets is
included in Exhibit 3-2 at the end of the report.
After review of the eleven blight factors described in Colorado Urban Renewal Law, the following five
factors were observed within the Study Area to support a finding of blight, during the field survey
and/or by subsequent desktop research and analysis:
b. 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 conditions of title rendering the title nonmarketable
The following six factors were not observed, or not observed sufficiently, to support a blight finding:
a. Slum, deteriorated, or deteriorating structures
c. Faulty lot layout
h. The existence of conditions that endanger life or property by fire or other causes
Buildings which are unsafe or unhealthy for persons to live or work in because of building
coAe violations, dilapidation, deterioration, defective design, physical construction, or
faulty or inadequate facilities
j. Environmental contamination
17
Bighorn Study Area Conditions Study
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
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 rights -of -
way. 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
f. Unusual topography or inadequate public improvements or utilities — OBSERVED
Inadequate public improvements and utilities were observed throughout the Study Area due, in large
part due to its undeveloped state. Water, sewer, natural gas, and electric power do not yet reach the
Study Area.
Domestic water service could be provided by the Town of Firestone, but it has not been extended to the
Study Area. Although the Study Area appears to be within the future service area of the St. Wain
Sanitation District, it has not yet been annexed into the District, which is required to receive sanitary
sewer service.
The Study Area could also potentially be included in the Carbon Valley Recreation District; yet it has not
yet been formally annexed. This would be required to receive services.
The South Platte Supply Canal crosses the southern and eastern parts of the Study Area and is a physical
obstacle to development.
A lack of right-of-way improvements and public infrastructure within the Study Area, as well as
significant limitations resulting from the irrigation canal are evidence of unusual or inadequate public
improvements or utilities, which support a finding of blight.
g. Defective or unusual conditions of title rendering the title nonmarketable — 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 significant legal limitations that will make it more difficult to
market and/or develop property within the Study Area. In addition, existing oil and gas wells, even if
they are 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.
Therefore, conditions of title may make portions of the Study nonmarketable for development.
h. The existence of conditions that endanger life or property by fire or other causes —NOT
OBSERVED
Although there was an active oil and gas drilling operation with the Study Area, the drilling pad was
secured by opaque fencing, a gate, and full-time security personnel. Therefore, observed conditions do
not endanger life or property by fire or other causes in the Study Area, and hence, do not support a
finding of blight.
19
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 building 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.
Zo
Bighorn Study Area Conditions Study
Table 2-4: Study Area Conditions Summary
F.S.
Deteriorated visible foundation/incomplete demolition
Deteriorated fascia/soffits/eaves
Deteriorated/lack of gutters/downspouts
Deteriorated exterior finishes
SLUM, DETERIORATED OR Deteriorated windows and doors
d, DETERIORATING
STRUCTURES Deteriorated stairways/fire escapes
Deteriorated loading dock areas/ramps
Deteriorated barriers/walls/gates
Deteriorated ancillary structures
Other (exposed elect(cal; incomplete demolition)
Poor vehicle access •
DEFECTIVE OR Poor internal circulation •
b. INADEQUATE STREET Substandard driveway definition/curbcuts •
LAYOUT Poor parking lot layout •
Other (poor street layout and access)
Faulty/irregular lot shape
Foulfy/irregular lot configuration
c. FAULTY LOT LAYOUT Lack of access to a public street
Inadequate lot size
Pooriy lit or unlit areas
Cracked or uneven surfaces for pedestrians
Poor drainage
Insufficient grading or steep slopes
d UNSANITARY OR UNSAFE CONDITIONS Presence of trash and debris
Abandoned/inoperable vehicles and equipment
Presence of potentially hazardous materials or conditions IF*
Vagrants/vandalism/graffiti
Other (operating, capped or plugged oil/gas wells) •
Deteriorated/lack of parking lot/site pavement •
Deteriorated/lack of site curb and gutter •
Deteriorated/lack of site sidewalks/pedestrian areas •
Deteriorated/lack of outdoor lighting •
DETERIORATION OF SITE OR DeteDeteririorated/lack of surface drainage
of site utilities •
e' OTHER IMPROVEMENTS g
e facilities •
Inadequate site maintenance
Nonconformance to site development regulations
Deterioration of signage
Other {deteriorated fencing/stairs/site improvements}
Note: Feld Survey abbreviated F.S., Desktop Analysis abbreviated D.A., Not Surveyed abbreviated N.S.
Source: DGC Consulting field survey and Google Earth
21
Bighorn Study Area Conditions Study
Table 2-4: Study Area Conditions Summary (cont'a)
F.S.
UNUSUAL TOPOGRAPHY
OR INADEQUATE PUBLIC
IMPROVEMENTS OR
UTILITIES
Poor site grading
Deteriorated/lack of street pavement in right-of-way
•
Deteriorated/lack of curb and gutter In right-of-way
•
Insufficient street lighting in right-of-way
Overhead utilities in right-of-way
Deteriorated/inadequate/lack of sidewalks in rightof-way
•
Deteriorated/unsafe utilities in the right-of-way
•
Other (public infrastructure that limits development)
THE EXISTENCE OF
CONDITIONS THAT
h, ENDANGER LIFE OR
PROPERTY BY FIRE OR
OTHER CAUSES
in the floodplain
of previous fire
auate emergency vehicle provisions
ce of dry debris adjacent to structures
Uous materials near structures/fire hazard
trees/shrubs near high traffic areas
level changes; trip/fall hazard)
Building code violations
j,
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
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/gas lines
Inadequate fire suppression systems
Evidence of vagrants inside building
Other (fire hazard; documented asbestos)
REQUIRES HIGH LEVELS OF
MUNICIPAL SERVICES OR
SITES/ BUILDINGS/
IMPROVEMENTS
UNDERUTILIZED/ VACANT
High levels of vacancy
k.5
High levels of municipal code violations
High levels of vehicular accident reports
High levels of requests for emergency services
Other evidence of required high level of municipal services
EE]U
Other evidence of substantial physical underutilization
Note: Field Survey abbreviated F.S., Desktop Analysis abbreviated D.A., Not Surveyed abbreviated N.S.
Source: DGC ConsuRing field survey and Goog/e Earth
22
�l
Ile
F
migure
2m2
View southeast
toward
drilling
site
k
VdMk
ad
K
I
..
.�
• .
•
..,
,.
treet
av
e t c b
t t e
PIP,0 �r
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9
F
Bighorn Study Area Conditions Study
3. Summary of Findings and Conclusions
3a I Findings
Within the Bighorn Study Area, the field survey and desktop analysis identified 19 different conditions,
which support five blight factors. Specific examples and photo documentation from the field
survey/desktop analysis is documented on Exhibit 34: Field Survey Photo Reference Map and Table 34:
Photographic Reference Sheet. A complete set of survey photographs is included in Exhibit 3-2.
The blight factors and conditions observed are listed below:
a. Slum, deteriorating or deteriorated structures
■ NOT OBSERVED
b. Predominance of defective or inadequate street layout (OBSERVED)
■ Poor vehicular access
■ Poor internal circulation
■ Substandard driveway definition/curb cut
■ Poor parking lot layout
c. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness
■ NOT OBSERVED
d. Unsanitary or unsafe conditions (OBSERVED)
■ Other hazards present (operating, capped, or plugged oil and gas wells)
e. Deterioration of site or other improvements (OBSERVED)
■ Deterioration or lack of parking lot or site pavement
■ Deterioration or lack of site curb and gutter
■ Deterioration or lack site sidewalks and pedestrian areas
■ Deteriorated or lack of site lighting
■ Deteriorated/substandard or lack of site utilities
■ Deteriorated or lack of surface drainage facilities
f. Unusual topography or inadequate public improvements or utilities (OBSERVED)
■ Deteriorated or lack of street pavement in right-of-way
■ Deteriorated or lack of curb and gutter in right-of-way
■ Deteriorated or lack of sidewalks in right-of-way
■ Other (public infrastructure such as a canal that limits development)
25
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
■ NOT OBSERVED
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
3.2 Conclusions
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
The blight factors observed are documented on Exhibit 3-1: Field Survey Photo Reference Map and
Table 34 to 3-5: Photographic/Desktop Analysis Reference Sheet. A complete set of survey
photographs is included in Exhibit 3-2: Field Survey Photographs.
27
Bighorn Study Area Conditions Study
Exhibit 3-1: Field Survey Photo -Reference Map
LEGEND
ii Photo Location
El Study Area
Firestone Town Limits
Parcels
Field Survey Photo -Reference Map
0 2S0 S00 1S0 I,000 feet
Base Map Source:
Googie Earth Pro, April 29, 2019
m
Bighorn Study Area Conditions Stud
Table 3-5: Photographic Reference Sheet Detail
Photo No. on Field Survey Photo Reference Map
1 2 3 4 5 6 7 8 9 10 I l
SLUM, DETE RIORATED OR
DETERIORATING
Deteriorated external walls/roof
Deteriorated visible foundationAncomplete demolition
Deteriorated'
D
'Deterioratedexterior
I�I
m
DeterioratedSTRUCTURES
Deteriorated loading dock areas/romps
•- -.. .ancillary
Other [exposed electrical; incomplete demolition)
Poorly IIt or unlit areas
Cracked or uneven surtaces for pedestrians
Poor drainage
UNSANITARY OR Insufficient grading or steep slopes
d• UNSAFE CONDITIONS Presence of trash and debris
Abandoned/inoperable vehicles and equipment
Presence of potentially hazardous materials or conditions
e.
DETERIORATION OF SITE OR
OTHER IMPROVEMENTS
(SITE)
Deteriorated/lack of parking lot/site pavement
• ';
•
• -
•
Deteriorated/lack of site curb and gutter
•
•
• i
•
•
• I
Deteriorated/lack of site sidewalks/pedestrian areas
•
•
•
•
0
• :
•
•
0
•
Deteriorated/lack of outdoor lighting
•
• i
Deteriorated/substandard/lack of site utilities
•
•
•
•
•"
Deteriorated/lack of surface drainage facilities
•
•
•
•
•
Inadequate site maintenance
Nonconformance to site development regulations
Deterioration of signage
Other (deteriorated fencIng/stairs/site improvements)
Note: Desktop Analysis is abbreviated as D.A., Not Surveyed is abbreviated N.S.
Source: DGC Consulting field survey and Google Earth
29
Bighorn Study Area Conditions Study
Table 3-1: Photographic Reference Sheet Detail (continued)
Photo No. on Field Survey Photo Reference Map 1 2 3 4 5 b 7 8 9 10 1 1
DEFECTIVE OR UNUSUAL
title conditions making the property unmarketable (ind. SUP zoning)
9'
TITLE CONDITIONS
[Other and other encumbrances)
=N
p
0 S R /EY
'
_
Official
/ UNHEALTHY
UNSAFE /UNHEALTHY FOR
UNSAFE/ F
Building code violations
Public health concerns
_
Dilapidated or deteriorated Interior of building
PERSONS TO LIVE / WORK IN
Defective design or physical construction
BECAUSE OF BUILDING
Faulty or inadequate facilities
CODE VIOLATIONS,
Presence of mold
I QPA—
IN
YS IS
i.
DILAPIDATION,
1
Inadequate emergency egress provisions
LI-J
DETERIORATION,
of recent Flooding
DEFECTIVE DESIGNEvidence
,
Unprotected electrical systems/wires/gas linesOR
PHYSICALCONSTRUCTION,
Inadequate fire suppression systems
i
FAULTY OR
I
INADEQUATE FACILITIES
Evidence of vagrants Inside building
Other (fire hazard; documented asbestos)
documentation of contamination
ENVIRONMENTAL
Storage orevidence of haza dous materials
11 n I
i � ANALYSIS
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/
C nANALYSIS
�LS V P
High levels of requests for emergency services
IMPROVEMENTS
�_}
Other evidence of required high level of municipal services
UNDERUTILIZED/ VACANT
Other evidence of substantial physical underutflizafion
Note: Desktop Analysis is abbreviated as D.A., Not Surveyed Is abbreviated N.S.
Source: DGC Consulting field survey and Google Earth
30
Bighorn Study Area Conditions Study
Exhibit 3-2: Field Survey Photographs
31
Bighorn Study Area Conditions Study
Appendix
Appendix A: Sources Consulted
1. State of Colorado Statutes Urban Renewal Law § 31-25-101:
2. Google Map and Google Earth Pro aerial imagery and mapping(2019)
3. Mapping and GIS imagery provided by Town of Firestone (2019)
4. Weld County Assessor website (2019) and materials provide by the Weld County Assessor
5. Town of Firestone website (https://www.firestoneco.gov)
6. Firestone Master Plan (2013)
7. Town of Firestone Development Regulations (2019)
8. Northern Firestone Urban Renewal Plan and Weld County Impact Report (2013)
9. Northwest Firestone Conditions Study, Matrix Design Group (June 2012)
10. Outline Development Plan, Teets Planned Unit Development, Town of Firestone, County of
Weld, Colorado (1996)
11. Ordinance #355 - an ordinance zoning property annexed to the Town of Firestone and known as
the Teets Annexation No. 1, Teets Annexation No. 2, Teets Annexation No. 3 to the Town of
Firestone (February 1997)
12. Colorado Oil and Gas Conservation Commission website (https://cogcc.state.co.us)
13. Bighorn 17H-P267 Pad Special Use Permit (2018)
14. Resolution Re: Designation of the Unincorporated Area of Weld County, Colorado, as a Mineral
(Oil and Gas) Resource Area of State Interest, Pursuant to C.R.S. §24-65.1-202(1) (June, 2019)
33
EXHIBIT B
Bighoin Urban Renewal Plan
[see attached]
19957385.3
Urban Renewal Plan for
Bighorn Urban Renewal Area
Firestone, Colorado
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 Urban Renewal Plan
Background information and other data have been furnished to DGC Consulting (DGCJ by Town
of Firestone Urban Renewal Authority, Town of Firestone, and/or third parties, which DGC has
used in preparing this report. DGC has relied on this information as furnished, and is neither
responsible for nor has confirmed the accuracy of this information.
Bighorn Urban Renewal Plan
Contents
1.0 Introduction....................................................................................................................1
1.1 Preface. R 5 a 0 0 a 0 0 a 0 a 1 0 9 a a a I a I a 8 a 4 4 a a a 0 & 0 a a a a 0 a 0 6 a a I a 9 8 0 a I a a a 4 a 1 4 a 4 4 a 0 a 0 0 0 a a 0 a a 6 9 a 9 a I a I a e a 4 a a a a a a a a 0 0 & 0 0 a 0 a 0 0 0 a a a a % e 0 1 a a a a a a a a a 0 a a a a 9 1 a a a I a 9 a a 4 a 0 a 0 a 1
1.2 Blight Findings. a a a a 0 a a 9 a 9 a a a 6 1 a 4 a a a 0 0 0 0 a 0 a 0 0 a 0 a a I a a a I I a 9 5 a 9 a a a 4 a 4 A a a a a a 0 6 a 0 a a 9 a I a 0 6 a a a 9 a 5 a 4 a a 4 a a 1 0 a a a a 0 a 0 9 a I I a a a a 0 5 a 0 a 0 a 0 a a a a 0 0 0 4 a 0 a I a a a a % a a a a 1
1.3 Other Findings. . & a 0 a a 6 a 0 Q 6 a a a a a a a a W a a a a a a a a a a 6 a a 6 a & a a a a 0 0 a 6 a a a I a a 4 a a 0 a a a a a 6 a a a a a a a a 0 0 W a W 0 1 0 a 0 a 0 a W a a a a a a a a a a a 6 a a a a a a 9 0 0 0 a a 0 a a 0 a 0 a a 0 0 a a a a a a 0 a a 8 9 1
1.4 Urban Renewal Area Boundaries...................................................................................................2
2.0 Definitions.......................................................................................................................2
3.0 Purpose of the Plan. . a A A a a a a 0 W K K 9 a a a 0 0 0 0 0 0 a a a a a A WX a a a a E a a a a 2 a 2 a a 0 0 a a a 0 a a a a a a 9 E 0 0 a a a 9 a A a 0 0 0 0 a a a a a a 0 a a A a a a A a a a a K 2 a 0 a a a a a A A 0 A a 5
4.0 Blight Conditions. W W 0 0 A A a 9 2 a 2 a a 0 0 a a a W a a a a a a 0 9 a a 0 a a K K K a a 2 a 0 0 0 a a a a a a a a 0 a 9 9 A a 9 a a 0 a 0 a a K a a 0 a a a W a A a A 0 0 a a a a a a ff a 5 3 a A a A a a a a a 0 W a a a a a a a 5
5.0 Plan's Relationship to Local Objectives and Appropriate Land Uses ........................7
5.1 Plan Conformity. 1 0 0 0 0 6 a 0 6 1 6 1 6 1 9 e 4 6 a 4 4 0 a a 0 0 0 8 6 0 a a a 0 0 4 6 1 0 1 a 6 1 8 0 1 0 a 6 0 0 0 0 0 0 0 0 0 a 0 4 0 0 a 0 a 0 4 0 9 a 4 1 4 1 * 4 1 V 6 0 0 0 a 0 4 0 a a a a 1 0 a 0 9 0 9 0 e 1 4 0 0 0 0 a 0 0 a a a a I a a 6 a a 0 7
5.2 Consistency with Comprehensive Plan..........................................................................................7
5.3 Relationship to Other Community Plans.......................................................................................a7
6.0 Authorized Urban Renewal Undertakings and Activities. . a a K a a 0 0 W a a K a a a 1 0 0 0 K a a a a a a a a a 9 a a K a a a a a 0 0 a a a 117
6,1 Undertakings and Activities to Remedy Blight...............................................................................8
6.2 Project Development Plan.............................................................................................................9
6.3 Complete Public Improvements and Facilities...............................................................................9
6.4 Plan Modification.........................................................................................................................10
6.5 Provide Relocation Assistance.....................................................................................................10
6.6 Demolish, Clear and Prepare Improvements...............................................................................10
6.7 Acquire and Dispose of Property.................................................................................................10
6.8 Enter into Redevelopment / Development Agreements.............................................................11
6.9 Enter Into Cooperation Agreements, . a 0 8 a 0 a 0 0 0 0 0 a a 0 a a 6 a a a 4 a 1 4 a a a a 0 a 0 a 0 8 a 9 a 9 a 9 0 9 a a 1 0 a a a a a * a 4 4 a a 4 6 a a a a a a a a a 0 a a 0 a a a a I a a 9 6 9 a I A a 0 2 & a
6,10 Other Project Undertakings and Activities.................................................................................611
7.0 Project Financing.........................................................................................................11
7.1 Base Valuation Revenues. . 9 a A a 9 a a 5 a A A 0 & 0 a a 0 a 0 a a 0 a a 0 a a a a 8 * 0 0 a I a A A a a 6 a 0 a a 9 6 9 a 0 0 6 0 a a a 0 a 0 a a a a a a a a a A a a a a 0 a a a a 9 a a a a I a 8 a a 1 0 4 a a A a A a A 0 a a a a 0 a 8 a I Z
7.2 Increment Valuation Revenues. . 0 0 a I a d a a 0 a 0 a @a a I a 6 8 a 1 0 0 1 0 a a & I A a 1 0 a 9 a a 9 9 9 a 9 4 a a a a a a a 8 4 a 0 a a a a a I a a & 1 0 a 0 a a a a a 9 a 0 a a a 8 0 8 a 4 a a a a a 0 a a a 0 a a 0 a a 12
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....... laeW444944844 $feet$ 04840424 welassbead 84489 $a 19
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Bighorn Urban Renewal Plan
L Intro uctil
Preface
his 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.
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Bighorn Urban Renewal Plan
The powers conferred by the Act are for public uses and purposes for which public money may be
expended and police powers exercised. Upon approval by the Town, this Plan will have been
legislatively determined to be in the public interest and necessity.
1.4 Urban Renewal Area Boundaries
The Bighorn Urban Renewal Area (the "Urban Renewal Area" or the "Area") is comprised of
approximately 235.43 acres in Firestone. The Area includes one parcel of land. The Area is bounded on
the north by the Sable Avenue right-of-way, on the east by private property, on the south by the Pine
Cone Avenue right-of-way, and on the west by private property.
The Area is depicted and shown on Appendix A: Bighorn Urban Renewal Area and Legal Description.
11 i I
Act — has the meaning given to such term in Section 1.1 above.
Area or Urban Renewal Area —has the meaning given to such term in Section 1.4 above.
Authority— has the meaning given to such term in Section 1.1 above.
Available Property Tax Increment Revenues —means all Property Tax Increment Revenues available
pursuant to the Tax Increment Financing provisions of the Act not payable to taxing bodies pursuant to
agreements, if any, with the Authority or otherwise as provided in §31-25-107(9.5) of the Act. In the
event that an agreement is reached with a taxing body pursuant to § 31-25-107(9.5) of the Act after the
Effective Date of Plan Approval, the Property Tax Increment Revenues generated by said taxing body's
mill levy shall become Available Property Tax Increment Revenues, and the authorization for the
Authority to receive and expend such revenue shall not be a substantial modification to this Plan.
Base Valuation Revenues —means the revenues produced by the base valuation for taxable property as
provided in Section 7.0 of this Plan.
Blighted Area —shall have the same meaning as in §31-25-103 of the Act. See below:
"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;
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 (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.
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
corporation and political subdivision of the State of Colorado organized under the Colorado Business
Improvement District Act, §31-25-1201, et seq., C.R.S.
Duration — means the entire twenty-five (25) year time period authorized by §31-25407(9) of the Act.
Effective Date of Plan Approval — means the date this Plan is approved by resolution of the Town Board.
Impact Report —means the Bighorn Urban Renewal Area Tax Forecast and County Impact Report,
prepared by DGC Consulting, dated October 2019.
Increment Valuation Revenues —means the revenues produced by the incremental valuation of taxable
property as described in Section 7.0 of this Urban Renewal Plan.
Plan or Urban Renewal Plan —has the meaning given to such term in Section 1.1 above.
Project or Urban Renewal Project— means all activities and undertakings described in §31-25-103(10),
C.R.S., and otherwise authorized by the Act as required for the Duration of the Project to complete
development and redevelopment of the Urban Renewal Area, including, without limitation financing and
construction of all public and private improvements and payment of all financing obligations included in
the definition of Bonds.
Property Taxes —means, without limitation, all levies to be made on an ad valorem basis by or for the
benefit of any public body upon taxable real and personal property in the Area.
Property Tax Increment Revenues —means the property tax revenues allocated to the Authority
pursuant to §31-25-107(9)(a)(11) of the Act and Section 7.0 of this Plan.
Public Body —shall have the same meaning as in §31-25-103(5) of the Act.
Redevelopment /Development Agreement —means one or more agreements between the Authority
and developers) and / or property owners or such other individuals or enes as may be determined by
the Authority to be necessary or desirable to carry out the purposes of this Plan.
Study Area —has the meaning given to such term in Section 1.2 above.
Taxing Body or Taxing Entities —means any public body that levies ad valorem taxes on real and personal
property within the Area.
Town —has the meaning given to such term in Section 1.1 above.
Town of Firestone Master Plan (or Comprehensive Plan) —means 2013 Town of Firestone Master PI
as such plan has been or may be amended from time to time.
Bighorn Urban Renewal Plan
Tax Increment Financing or TIF — means tax increment or allocation financing described in §31-25- 10/p)
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;
g6 Defective or unusual conditions of title rendering the title nonmarketable;
Bighorn Urban Renewal Plan
h. The existence of conditions that endanger life or property by fire or other causes;
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.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.
DGC conducted the Conditions Study according to the following methodology:
1. Defined the Study Area;
2. Conducted a visual field survey for the property and evaluate current conditions;
3. Reviewed data provided by the Town;
4. Evaluated conditions found in the context of statutory blight criteria; and
5. Documented the survey findings, as presented in the Conditions Study.
The Study Area is 235.43 acres, more or less, is owned by private entities, and is located within the
incorporated municipal boundaries of the Town. A portion of the Study Area is being developed with oil
and gas wells and the remainder is planned for residential development.
Of the eleven qualifying factors identified in the Act, the Conditions Study revealed the following five
qualifying conditions of blight, as defined in §31-25-103(2) of the Act, evident within the Study Area.
b. Predominance of defective or inadequate street layout —OBSERVED
d. Unsanitary or unsafe conditions —OBSERVED
e. Deterioration of site or other improvements —OBSERVED
f. Unusual topography or inadequate public improvements or utilities —OBSERVED
g. Defective or unusual conditions of title rendering the title nonmarketable —OBSERVED
0
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 actives 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
blighting conditions. Without limitation, undertakings and activities of the Authority in the furtherance
of this Plan as described as follows.
6.1 Undertakings and Activities to Remedy Blight
As described in Section 4.0 of this Plan, five qualifying conditions of blight were identified in the Study
Area of which this Urban Renewal Plan Area is a part. Implementation of this Plan by providing urban
renewal resources for public and private improvements will remedy many of the following conditions:
b. Predominance of defective or inadequate street layout —OBSERVED
The site survey determined that perimeter access to the Study area is very poor and there are
no permanent public streets or rights -of -way. 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.
Urban renewal tools and resources can help finance development that provides improved
access to and within the Area.
d. Unsanitary or unsafe conditions —OBSERVED
The site survey and additional research noted the presence of abandoned well locations on the
site and active drilling are 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.
Urban renewal tools and resources that contribute to quality development will eliminate
unsanitary and unsafe conditions within the Area.
e. Deterioration of site or other improvements —OBSERVED
Although the Study Area is not developed with streets and buildings, existing and former well
sites are deteriorated. Perimeter fencing is also in degraded condition compared with other
urban areas.
Urban renewal tools and resources can help finance development that includes site
improvements such as roads, utilities, parking areas, sidewalks, landscaping, open space, and
other features. Development that includes these features will improve the Area.
f. Unusual topography or inadequate public improvements or utilities —OBSERVED
Inadequate public improvements and utilities were observed throughout the Study Area due to
the undeveloped state. Water, sewer, natural gas, and electric power do not yet reach the
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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
g. Defective or unusual conditions of title rendering the title nonmarketable —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 nonmarketable for development.
6.2 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 initial 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
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cause others to, install, construct and reconstruct any other authorized improvements, including,
without limitation, other authorized undertakings, or improvements for the purpose of promoting the
objectives of this Plan and the Act.
6.4 Plan Modification
The Authority may propose, and the Town Board I modifications to this Plan as may be
necessary; provided, however, any modification of the Plan shall (a) comply with the provisions of the
Act, including §31-25-107(7); (b) not impair Bonds or the ability of the Authority to pay any outstanding
Bonds, including any reimbursement obligations of the Authority; or (c) not impair the ability of the
Authority or any party to any then -existing agreement to fully perform their respective covenants and
duties under any such agreement. The Authority may, in specific cases, allow non -substantive variations
from the provisions of this Plan if it determines that a literal enforcement or application of the provision
would constitute an unreasonable limitation beyond the intent and purpose stated herein, but not
substantial modifications.
In the future, all or a portion of the property in the Area may be included into metropolitan districts or
other existing districts or future taxing bodies. Such inclusion is not a substantial modification of this
Plan and the Authority anticipates negotiating cooperation or tax sharing agreements with the Taxing
Bodies at that time.
6.5 Provide Relocation Assistance
While it is not anticipated as of the date of this Plan that acquisition of real property will result in the
relocation of any individuals, families, or business concerns; if such relocation becomes necessary, the
Authority will adopt a relocation plan as necessary to comply with applicable provisions of the Act.
6.6 Demolish, Clear and Prepare Improvements
The Authority is authorized to demolish or cooperate with others to clear buildings, structures and other
improvements within the Area in an effort to advance projects deemed consistent with the vision stated
herein. Such demolition or site clearance is necessary to eliminate unhealthy, unsanitary, and unsafe
conditions; eliminate obsolete uses deemed detrimental to the public welfare; remove and prevent the
spread of blight; and facilitate redevelopment of the Area by private enterprise.
6.7 Acquire and Dispose of Property
It is not expected that the Authority will be required to acquire property to carry out the Project.
However, if the Authority determines such acquisition is necessary, it is authorized to acquire any such
property by negotiation or any other method, including eminent domain. Properties acquired by the
Authority may be temporarily operated, managed and maintained by the Authority if requested to do so
by the acquiring entity and deemed in the best interest of the Urban Renewal Project and the Plan. Such
property shall be under the management and control of the Authority and may be rented or leased
pending its disposition for redevelopment.
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.
600 Enter into Redevelopment / Development Agreements
The Authority may enter into Redevelopment / Development Agreements or other contracts with
developers) 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
The Authority is authorized to issue Bonds in amounts sufficient to finance all or part of the Project. The
Authority is authorized to borrow funds and to create indebtedness in carrying out this Plan. The
principal, interest and any premiums due on or in connection with such indebtedness may be paid from
Tax Increment Financing revenue or any other funds available to the Authority.
The Project may be financed by the Authority pursuant to the Tax Increment Financing provisions of the
Act. Property taxes levied after the effective date of the approval of this Plan upon taxable property in
the Area each year by or for the benefit of each specific public body that levies Property Taxes in the
Urban Area on taxable property in the Urban Renewal Area, shall be divided for a period not to exceed
twenty-five (25) years after the effective date of this allocation provision, as follows:
7.1 Base Valuation Revenues
That portion of the taxes which are produced by the levy at the rate fixed each year by or for each such
specific public body upon the valuation for assessment of taxable property in the Area last certified prior
to the effective date of approval of the Plan or, as to an area later added to the Area, the effective date
of the modification of the Plan.
7.2 Increment Valuation Revenues
That portion of said property taxes in excess of the base amount of property taxes paid into the funds of
each such public body as provided above must be allocated to and, when collected, paid into a special
fund of the authority to pay the principal of, the interest on, and any premiums due in connection with
the Bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed,
or otherwise, the Authority for financing or refinancing, in whole or in part, the Urban Renewal Project,
or to make payments under an agreement executed pursuant to §31-25-107 of the Act.
Unless and until the total valuation for assessment of the taxable property in the Urban Renewal Area
exceeds the base valuation for assessment of the taxable property in the Urban Renewal Area, as
provided above, all of the taxes levied upon the taxable property in the Urban Renewal Area must be
paid into the funds of the respective public bodies.
When such Bonds, including interest thereon and any premiums due in connection therewith, have been
paid, all taxes upon the taxable property in the Urban Renewal Area must be paid into the funds of the
respective public bodies, and all moneys remaining in the special fund that have not previously been
rebated and that originated as property tax increment generated based on the mill levy of a taxing body,
other than the municipality, within the boundaries of the Urban Renewal Area must be repaid to each
taxing body based on the pro rata share of the prior year's property tax increment attributable to each
taxing body's current mill levy in which property taxes were divided pursuant to provision. Any moneys
remaining in the special fund not generated by property tax increment are excluded from any such
repayment requirement. Notwithstanding any other provision of law, revenues excluded by §31-25-
107(9) (a) (II) of the Act are not intended to be included in Available Property Tax Increment Revenues.
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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.
it
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 02°09'00" W A DISTANCE OF 30.02
FEETTO 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°06'00" E, 182.82 FEET TO A POINT;
THENCE N 49*05110" E, 95.06 FEETTO A POINT,
THENCE N 56044135" E, 104.76 FEET TO A POINT;
THENCE N 68°47140" 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 01050135" 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 22048'07" 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 69019'00" AND BEING SUBTENDED BY A CHORD THAT
BEARS S 57027137" W, 187.66 FEET;
THENCE N 87052'53" W, 395.81 FEET TO A POINT;
THENCE N 75049'03" W,153.75 FEET TO A POINT;
THENCE S 00*09157" W 574.76 FEET TO A POINT 30 FEET NORTH OF THE SOUTH LINE OF THE
SOUTHEAST''/, OF SAID SECTION 17;
THENCE S 89°2S'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 00034'03" 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 N0.4 REBAR WITH AN ALUMINUM CAP STAMPED LS 2149;
THENCE CONTINUING N 00034'03" W, 325.07 FEET TO A NO.5 REBAR WITH A PLASTIC CAP STAMPED
PLS 22576;
THENCE S 89025157" 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,
Bighorn Urban Renewal Plan
THENCE
670.45 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A
RADIUS
OF 750.00 FEET, A DELTA ANGLE OF 51013108" AND BEING SUBTENDED BY A CHORD THAT
BEARS N 26410137" W, 648.35 FEET TO A POINT;
THENCE
N 51*47111" W, 118.29 FEET TO A POINT,
THENCE
N 38012'49" E 645.98 FEET TO A POINT;
THENCE
N 51°47'11" W, 485.34 FEET TO A POINT;
THENCE
N 71019'37" W 212.22 FEET TO A POINT;
THENCE
N 00052'00" W, 707.88 FEET TO A POINT;
THENCE
S 89*08100" W, 155.32 FEET TO A POINT;
THENCE
N 00`52'00" W, 646.77 FEET TO A POINT;
THENCE
S89053100" W, 44.96 FEET TO A POINT;
THENCE
N 00007'00" W, 255.00 FEET TO A POINT OF CURVE TO THE LEFT;
THENCE
110.72 FEET ALONG THE ARC OF A NON -TANGENTIAL CURVE TO A POINT OF REVERSE CURVE,
SAID ARC HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 128*52.11" AND BEING SUBTENDED BY
A CHORD THAT BEARS N 26*26154" E, 89.44 FEET;
THENCE
32.18 FEET ALONG THE ARC OF SAID REVERSE CURVE TO A POINT TANGENT, SAID ARC HAVING
A RADIUS
OF 50.00 FEET, A DELTA ANGLE OF 36°52'11" AND BEING SUBTENDED BY A CHORD THAT
BEARS N
18'33'06" W, 31.62 FEET TO A POINT;
THENCE
N 00007'00" W, 265.00 FEET TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF THE NW X OF
SAID SECTION 17;
THENCE
N 89"53'00" E, 148.15 FEET ALONG A LINE 30 FEET SOUTH AND PARALLEL THE NORTH LINE OF
THE NW
OF SAID SECTION 17 TO POINT 30 FEET SOUTH OF THE NORTH X CORNER OF SAID SECTION
17;
THENCE
N 89"52'35" E, 2395.38 FEET ALONG A LINE 30 FEET SOUTH AND PARALLEL TO THE NORTH LINE
OF THE NORTHEAST ''/, OF SAID SECTION 17 TO THE TRUE POINT OF BEGINNING,
SAID PARCEL HAVING AN AREA = 235.43 ACRES, MORE OR LESS.
!S:
Bighorn Urban Renewal Plan
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m
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
12.3 Commercial and Office
Commercial land use areas provide for retail commercial and office areas. These land uses are located
along key arterial streets and the intersections of key arterial streets. Regional commercial and office
land uses are generally located near 1-25.
12.4 Residential Low
Residential low -density land use areas are generally located in the central and eastern portions of the
MPA. Residential Low provides for only single-family residential uses or clustered multi -family land
uses.
12.5 Residential Medium
Residential Medium land use areas provide for single family or single-family attached land uses,
including duplexes and town homes, but excluding condominiums and apartments unless they are
clustered. These use areas are generally located in and along arterial streets and at or near key
intersections.
12.6 Residential High
Like Residential Medium land use areas, Residential High land use areas provide for higher density town
homes, condominiums, and apartments. These land use areas are generally located in and along arterial
streets and at or near key intersections.
12.7 Mixed Use
Mixed -Use land use areas provide for a potential mix of all land uses, except for very low -density single
family residential. To the extent possible, based on ownership boundaries, Mixed Use areas should be
master planned as one comprehensive project to assure compatibility and the appropriate balance of
the various intended uses.
The larger Mixed Use areas should provide for a significant portion of the area dedicated to retail
commercial, office or employment uses. These Mixed Use areas can on a local scale accommodate the
concepts of "new urbanism" providing places where people can live, work, recreate and shop for goods
and services.
The Mixed Use areas along Locust Street, SH-66 and Road 7 may vary somewhat in size and shape to
accommodate market needs. Mixed Use areas may accommodate residential land uses located above
retail commercial uses if proper compatibility can be assured.
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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 10400t 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 RE-1 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 Park 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 Park has been planned to be a world -
class 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
21
Bighorn Urban Renewal Plan
Grant Avenue a "loop" opportunity is created, which will help revitalize and restore this mixed -use area
of historic Firestone back to a quaint residential, commercial and office area as it was originally
established.
12.13 Community Support Faces
The Firestone Development Regulations provide the opportunity for community support facilities, such
as religious institutions or cemeteries, in almost all land use categories. The Town encourages the
preservation of property for such purposes in larger scale developments. Because of their overall need
and benefit to the community, senior housing developments have the potential to be located in all land
uses areas, except those designated for open space and parks. Such developments would need to be
appropriately screened and buffered from adjoining land uses to assure compatibility. Furthermore, any
such proposal would be subject to the Town's Land Development Regulations and the stated conditions
and standards of approval.
12.14 Conditional, Special, -Temporary, and Accessory Land Uses
The Firestone Development Regulations and Municipal Code provide information regarding Conditional,
Special, Temporary, and Accessory Land Uses. For applications that require formal processing and
action by the Town Board of Trustees, specific submittal requirements and processing information is
specified in the Regulations or the Code. Information about these uses as they relate to a specific
property is often described in a development plan recorded with the Weld County Clerk and Recorder.
12.15 Firestone Master Plan Map
The Firestone Master Plan Map shows both the MPA and the UGA, as well as other Master Plan
components. Specifically, the Master Plan Map shows all different types of land uses and the key
arterial transportation corridors that serve them. Major park and trail improvements are also shown.
Certain areas outside of the UGB, which are not annexed or shown as within the existing limits of Weld
County's RUA, are shown as Community Separator areas.
22