HomeMy WebLinkAbout20153640.tiff tEP 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435
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November 12, 2015
Weld County Commissioners RECEIVED
Weld County Administration Building
1150 "O" Street
Greeley, CO 80631 NOV 1 2 2015
WELD COUNTY
Dear Commissioners, COMMISSIONERS
Please find attached to this correspondence an Urban Renewal Plan (Plan) and Impact Report for the
proposed Miner's Village Urban Renewal Area in compliance with C.R.S. 31 -25- 107 (3.5).
The proposed Urban Renewal Area is located entirely within the municipal boundaries of the Town and
contains approximately 56.57 acres. The Area is depicted on Exhibit A of the enclosures. Generally the
area includes parcel number 131336401019 and the adjacent rights of ways. The property is burdened by
significant impediments to development that may be addressed through the actions outlined in the
attached Plan.
The estimated "Weld County Property Tax Increment" shown in the attached Impact Report was
calculated based upon previous meetings with the County Commission who pledged verbal support that
the Frederick Urban Renewal Authority and Weld County would evenly divide any future tax increment
generated through the County's millage rate. We appreciate your proactive support in recognizing the
need for this critical economic development tool in our community to help make Frederick and Weld
County great!
If you have any questions, please contact me directly at 720-382-5500.
Sincerely,
. ez
Matthew S. LeCerf
Town Manager
'QCc: Don Warden, Finance Director - Dept. of Finance and Administration
Enclosures
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2015-3640
Built on What Matters .
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held by and before the Board of Trustees of the Town of
Frederick, Colorado (the "Town") on the proposed Miner's Village Urban Renewal Plan in the Frederick Town
Hall, 401 Locust Street, Frederick, Colorado 80530, at the hour of 5:00 P.M. Mountain Daylight Time on
December 14, 2015.
The proposed Urban Renewal Area described in the Plan is generally described as parcel number 131336401019
and the adjacent rights of ways. The purpose of the hearing is to consider ( 1 ) whether the Area included in the
proposed Plan is a blighted area as described in Section 31 -25-103, C.R.S., (2) the approval and adoption of the
Plan by the Town Board, (3) other undertakings and activities in accordance with the Colorado Urban Renewal
Law by the Town and the Frederick Urban Renewal Authority (the "Authority").
The general scope of the proposed Plan includes undertakings of the Authority, the Town, and private
enterprise for the elimination and prevention of blight, including, without limitation, use of tax increment
financing and other tools and activities authorized by law and the proposed Plan for the redevelopment of the
Area. The proposed Plan is on file with and may be inspected at the office of the Town Clerk at the above
described address.
Any person or organization desiring to be heard will be afforded an opportunity to be heard at such hearing.
Published under the authority and by direction of the Board of Trustees of the Town of Frederick, Colorado.
URBAN RENEWAL PLAN FOR THE MINER' S
VILLAGE URBAN RENEWAL PROJECT
TOWN OF FREDERICK
November 2015
I. INTRODUCTION
The Urban Renewal Plan for the Miner's Village Urban Renewal Project has been prepared
pursuant to the provisions of the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31,
C. R.S., as in effect in all respects on the date this Urban Renewal Plan is approved by the Town
of Frederick Board of Trustees . The Urban Renewal Plan (sometimes referred to herein
alternatively as the "Plan"), including the preparation and execution of any documents
implementing it, shall be performed by the Frederick Urban Renewal Authority.
It is the intent of this plan that the objectives of quality development will be achieved by
cooperation between the Authority and the private sector utilizing and facilitating financing of
required improvements, both public and private incentives and tools from any and all available
sources. As required by the Urban Renewal Law, the Plan will afford maximum opportunity,
consistent with the sound needs of the Town as a whole, for the development of the Urban
Renewal Area by private enterprise.
II. AGRICULTURAL LAND
The Urban Renewal Area consists of land that has been classified by the Weld County Assessor
as agricultural land for the purposes of levying and collecting property taxes during the five -
year period prior to the date of adoption of this Urban Renewal Plan. It is the intention of the
Board of Trustees that the Frederick Urban Renewal Authority will enter into agreements where
appropriate to assist in financing additional services or infrastructure to serve new
improvements in the Urban Renewal Area.
III. DEFINITIONS
Any terms used in this Urban Renewal Plan that are not defined herein are governed by
definitions in the Colorado Urban Renewal Law or definitions in the Town of Frederick Land Use
Code, as applicable. Unless a different meaning is clearly stated, the terms used in this Urban
Renewal Plan shall have the following meanings:
"Agricultural Land " shall have the same meaning as in Sections 103( 1) of the Urban Renewal
Law.
"Area" and "Urban Renewal Area" means the Area depicted on Exhibit A, attached to and made
a part hereof.
"Authority" means the Frederick Urban Renewal Authority, a body corporate and politic of the
State of Colorado.
"Bonds" shall have the same meaning as in Sections 103(3) and 109 of the Urban Renewal Law,
and, without limitation, specifically includes reimbursement agreements with owners and
developers.
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"Comprehensive Plan" means the Town of Frederick Comprehensive Plan — 2006. The
Comprehensive Plan is being revised and updated. Any new revisions are not expected to
materially affect the provisions of this Urban Renewal Plan.
"Plan" and "Urban Renewal Plan" means this urban renewal plan as adopted and approved by
the Town Board . The Plan may only be modified by a resolution adopted by the Town Board .
"Tax Increment Financing" or "TIF" means tax allocation financing described in Section 31-25-
107(9) of the Urban Renewal Law, as in effect on the date this Plan is approved by the Town
Board. Unless this Plan is formally amended by the Town Board to provide otherwise, Tax
Increment Financing shall be required for the full twenty-five year period required to carry out
all the activities and undertakings necessary to complete the Urban Renewal Project.
"Town" means the Town of Frederick, Colorado.
"Town Board" means the Board of Trustees of the Town of Frederick, Colorado.
"Town Land Use and Building Requirements" means the requirements listed in Section VII of
this Plan.
"Urban Renewal Law" means the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31,
C.R.S., as in effect in all respects on the date this Plan is approved by the Town Board.
"Urban Renewal Project" means all of the activities and undertakings required for the complete
development 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" in the Urban Renewal Law.
IV. URBAN RENEWAL AREA BOUNDARIES
The Urban Renewal Area is entirely within the municipal boundaries of the Town and contains
approximately 56.57 acres. The Area is depicted on Exhibit A. The Area has been classified by
the Weld County Assessor as Agricultural Land as defined in the Urban Renewal Law.
V. QUALIFYING CONDITIONS
An independent consultant, Jac Cuney, experienced in conducting conditions surveys,
conducted a field investigation survey to determine if conditions constituting the definition of
"blighted area" contained in Section 103(2) of the Urban Renewal Law exist in the Area. The
results of this survey are contained in a report entitled "Miner's Village 1 Conditions Survey"
dated August 2015 that identified and documented the following statutory conditions as
existing in the Urban Renewal Area :
A. Predominance of defective or inadequate street layout;
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B. Faulty lot layout in relation to size adequacy, accessibility, or usefulness;
C. Unsanitary or unsafe conditions;
D. Deterioration of site or other improvements;
E. Unusual topography or inadequate public improvements or utilities;
F. Environmental contamination of buildings or property;
G . 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.
The Conditions Survey is incorporated in and made a part of this Plan as Exhibit B. The above
conditions show that the Urban Renewal Area qualifies as a blighted area as defined in the
Urban Renewal Law. By definition a "blighted area" 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 of
the Town.
VI. CONFORMANCE WITH COMPREHENSIVE PLAN
As required by the Urban Renewal Law, this Plan conforms with the Comprehensive Plan, which
is a general plan of the Town as a whole. The Comprehensive Plan will govern the execution of
this Urban Renewal Project by the Authority in a manner consistent with the following goals
and objectives.
VII. GOALS AND OBJECTIVES OF THE URBAN RENEWAL PLAN
A major objective of the Comprehensive Plan is to create safe and attractive places to live,
work, and shop in accordance with community goals, policies, and strategies articulated for
each land use category. The activities and undertakings necessary to carry out this Urban
Renewal Plan are intended to implement the following specific goals, policies, and strategies of
the Comprehensive Plan.
Goal 2 : Create a healthy balance between housing, employment, availability of
goods and services, recreation and cultural opportunities within the community.
Strategy 2. 1.2 : Promote a wide range of quality businesses and industries to
provide employment opportunities and services for Frederick services.
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Strategy 2. 1.5 : Encourage commercial and industrial neighborhoods to be
functional, identifiable areas that do not adversely impact adjacent uses.
Strategy 2. 1.6: Encourage multi-purpose activity centers within shopping centers
and business parks.
Strategy 2. 1 .7: Minimize and discourage land uses that would detract from the
function and viability of commercial and industrial neighborhoods.
Goal 5 : Enhance the aesthetic image of Frederick and the surrounding area by
improving the appearance of major highway corridors and entryways.
Policy 5. 1: Develop an attractive and inviting sense of place along the Interstate and
Highway 52 corridors by using quality architecture, generous landscaping, locating storage
areas away from the corridors, and disbursing off-street parking around the site.
Strategy 5. 1. 1 : Promote a variety of uses along the corridors, including retail,
office, industrial, employment, restaurants and service, and multi-family residential.
Strategy 5. 1 .6: Encourage lighting along major transportation corridors to
provide safety and illumination in parking lots, pedestrian paths, and building entrances.
Goal 6: Encourage design diversity and excellence.
Policy 6. 1 : Pursue the removal of abandoned oil and gas wells in the Frederick
Planning Area .
Policy 6.2 : Evaluate projects with respect to magnitude, scale and diversity as they
relate to the character of the existing town.
Goal 10: Strive for a diverse, balanced business community that brings economic
vitality, while maintaining a balance with population and community character.
Strategy 10. 1 . 1 : Encourage the recruitment of businesses that support the
economic base and create primary jobs for the Town.
Strategy 10. 1.2: Develop a policy regarding preferred businesses, including those
which practice environmental stewardship, businesses that provide high-paying jobs, or locally
owned non-corporate businesses.
Strategy 10. 1.4: Utilize incentives and programs to promote economic
development, including but not limited to, expediting the development review process, utilizing
public-private financing mechanisms, and/or applying for development or redevelopment
grants.
5
Policy 10.2 : Establish partnerships with public and private entities to benefit the
community.
Policy 10.3 : Encourage new businesses and retain existing businesses that provide
needed local services.
Strategy 10. 3. 1 : Collaborate with the business community to facilitate growth,
development and infra structure improvements that benefit residents and businesses.
Strategy 10.3.3 : Consider making public improvements to the Town for the
purpose of attracting new businesses, such as gateways/entries with attractive signage and
landscaping.
Policy 10.4: Maintain streamlined development review and building permit proposes.
Strategy 10.4. 1 : Provide efficient and timely review of development proposals,
while maintaining quality standards in accordance with the Town's Land Use Code.
Policy 10.5 : Complete vital sections of the Town's infrastructure where needed .
Strategy 10.5. 1 : Encourage the community's infrastructure improvements be built
in a timely and efficient manner to promote economic development.
Strategy 10.5.2 : Encourage landowners or developers to design, finance, and
construct infrastructure improvements within and to their property or properties.
Strategy 10.5.3 : Establish reimbursement agreements between the landowners
and the Town .
Strategy 10.5.4: Explore options towards designing, financing, and constructing
infrastructure improvements upfront, understanding that future development will pay its way
by contributing its "fair share" cost of the improvements at the time of development.
Policy 10.6: Promote an increase and diversification of the employment base to
accommodate job-generating developments that help achieve jobs for Frederick residents.
Strategy 10.6. 1 : Encourage businesses that will provide jobs for Frederick
residents.
Strategy 10.6.2 : Promote businesses that will provide job diversity.
Strategy 10.6.5 : Work toward a job-housing ratio greater than 1 : 1.
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Policy 10.7 : Locate economic development in appropriate and viable locations.
Goal 11 : Encourage the growth of commercial services within the Town while
preserving the community character and meeting needs of the citizens.
Policy 11.3 : Encourage the development of community and regional commercial sites.
Strategy 11. 3. 1 : Consider alternative funding mechanisms.
Goat 14: Provide and maintain a roadway network, which meets Frederick's
circulation and access needs in a safe, economical, and efficient manner.
Policy 14. 1 : Ensure that the transportation system is compatible with adjacent land
uses to maintain a high level of mobility.
Strategy 14. 1. 1 : Time improvements to the transportation system to coincide with
new development.
Goal 16 : Maintain Frederick as a desirable community through the installation of
public improvements, providing a high level of service.
Policy 16. 1 : Cooperate with the service districts to develop a process that will ensure
that public improvements are installed efficiently and in a timely manner.
Strategy 16. 1. 1 : Encourage the area's service districts to use the Town of Frederick
Comprehensive Plan as a guide to determine the location of public improvements.
Strategy 16. 1 .2 : Initiate discussions with the service districts to enter into
intergovernmental agreements that require cooperation in providing municipal facilities and
services in the Frederick Planning Area.
Strategy 16. 2.2 : Require developers to install all public improvements necessary to
serve their development.
VIII. LAND USE REGULATIONS AND BUILDING REQUIREMENTS
All development and redevelopment in the Area will be governed by the Comprehensive Plan,
the Town Land Use Code, the Town Design Standards and Construction Specifications, and the
International Building Code as adopted by the Town with minor modifications (collectively, the
"Town Land Use and Building Requirements") . The Plan will implement the provisions of
Section 31-25-107(8) of the Urban Renewal Law, which provides that, upon approval of the
Plan, the provisions of the Plan shall be controlling with respect to land area, land use, design,
building requirements, maximum densities, timing or procedure applicable to the property
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covered by the Plan. The Plan shall be automatically updated to reflect any revisions made to
the Comprehensive Plan as it applies in the Area .
IX. PROJECT ACTIVITIES
I
The Authority is authorized to use any and all powers available to it under the Colorado Urban
Renewal Law and other applicable laws in order to carry out the activities and undertakings it
determines are necessary for the successful execution of this Plan, including, without limitation,
those listed below.
A. Owner Participation and Cooperation with Special Districts
The Authority may enter into ownership participation agreements and cooperation agreements
with property owners, developers, and special districts, including metropolitan districts, in the
Area for the development, redevelopment or rehabilitation of their property or provision and
improvement of public improvements.
Owner participation and other agreements of this nature shall contain, at a minimum,
provisions requiring:
1. Compliance with the Plan and all applicable ordinances and regulations.
2. Covenants to begin and complete development, construction or rehabilitation of
both public and private improvements within a period of time considered to be appropriate by
the Authority.
3. The financial commitments of each party.
4. The financial and legal ability to carry out development and redevelopment
proposals.
B. Property Acquisition
If the Authority determines it is necessary to acquire any real property to implement this Plan,
the Authority may do so by any means available by law, except that, unless the owner of such
property agrees, the Authority is not authorized to acquire any property by exercise of the
power of eminent domain.
C. Property Management
During such time as acquired property is owned by the Authority, such property shall be under
the management and control of the Authority and may be rented or leased pending its
disposition for redevelopment.
8
D. Relocation Assistance and Payments
It is not expected that the implementation of this Plan will require the displacement of any
person, family, or business. However, if acquisition of property displaces and person, family, or
business, the Authority may assist such party in finding another location, and may, but is not
obligated to make relocation payments and provide relocation benefits authorized by the
Urban Renewal Law (except to the extent required by law in the event the use of eminent
domain is properly authorized and causes such displacement) to eligible residents and
businesses in such amounts and under such terms and conditions as required by law.
E. Demolition, Clearance, and Site Preparation
The Authority may demolish and clear, or contract to demolish and clear, buildings, structures,
and other improvements from any property it acquires in accordance with this Plan. The
Authority may provide rough and finished site grading and other site preparation services as
part of a specific redevelopment program.
F. Public Improvements and Facilities
In carrying out this Plan, the Authority may cooperate with other public bodies and with private
enterprise to provide public improvements and facilities as may be necessary to serve the
needs of the Area and respond to community needs as set forth in the Comprehensive Plan and
the Town Land Use and Building Requirements. The Authority may make provision and provide
funding for such public improvements and facilities in accordance with the goals and objectives
of this Plan.
G. Property Disposition
If the Authority acquires any real property in the Area, the Authority shall dispose of such
property it acquires by any legal means, including establishment of a reasonable competitive
bidding procedure as required by the Urban Renewal Law. Such requirements may include
compliance with the Plan, covenants to begin and complete construction of improvements
within a time deemed reasonable by the Authority. The Authority shall also determine the
financial and legal ability of any private developer to carry out any redevelopment agreement
with the Authority.
H . Cooperation Agreements
For the purposes of planning and carrying out this Plan, the Authority may enter into one or
more cooperation agreements with the Town or other public entities. Without limitation, such
agreements may include project financing and implementation; design, location and
construction of public improvements and any other matters required to carry out this Plan,
including payment or reserving of funds required to provide for or contribute to area impacts as
a result of the proposed development and redevelopment of the Area .
9
I. Other Plan Undertakings and Activities
Other Plan 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
public or private entities in accordance with the provisions of the Urban Renewal Law and any
other applicable law.
X. PROJECT FINANCING; TAX INCREMENT FINANCING
The Authority is authorized to finance implementation of the Plan and the Urban Renewal
Project by any method authorized by the Urban Renewal Law or any other applicable law,
including, without limitation, appropriations, loans or advances from any source, including,
without limitation, the Town; federal loans and grants; state loans and grants; interest income;
agreements with public and private parties or entities; sale of securities and other assets;
property and sales tax increments (if approved by the Town Board by agreement with the
Authority); and loans, advances and grants from any other available source. The following
methods of financing redevelopment projects are illustrative only and not necessarily inclusive
or complete. All financing methods legally available to the Town and/or the Authority, including
other public and private entities or agencies, and/or developers may be used to finance the
public or private improvements or any other costs described or anticipated in this Plan, or
related in any manner to the development and redevelopment of the Area . These methods
include, without limitation : Property tax increment financing; sales tax increment financing (if
approved by the Town Board by agreement with the Authority); general obligation bond
financing; special obligation bond financing; municipal revenue bond financing; general and
metropolitan improvement district financing; local improvement district and special assessment
financing; tax anticipation notes and warrants; installment purchasing; short-term notes and
loans; tax exempt financing; industrial development revenue bond financing; conventional
financing; and any other method of financing acquisition, improvements, or redevelopment as
authorized by law, including, without limitation, reimbursement agreements with the private
sector.
Such financing methods can be combined to finance individual developments in the Area as
well as all activities and undertakings by the Authority to carry out the Plan and the Urban
Renewal Project. These methods can also be used insofar as legally allowable to pay the
principal of and interest on and to establish reserves for indebtedness (whether funded,
refunding, assumed or otherwise) incurred by the Town or the Authority to finance, refinance,
or refund in whole or in part, the Urban Renewal Project as defined in the Urban Renewal Law
and the Plan. It is the policy of the Authority to consider any and ail methods of financing by
any legal method, or any combination of methods of financing.
The Authority is authorized to issue notes, bonds, or any other financing instruments or
documents in amounts sufficient to finance all or part of the Urban Renewal Project as defined
in the Urban Renewal Law and the Plan. The Authority is authorized to borrow funds and to
10
otherwise create indebtedness through incurring obligations for in-kind contributions from the
Town or any other entity in carrying out this Plan . The principal, interest and any premiums due
on or in connection with such indebtedness may be paid from tax increments or any other fund
available to the Authority.
Activities and undertakings pursuant to the Plan may be financed by the Authority under the
Tax Increment Financing provisions of the Urban Renewal Law in existence at the time this Plan
is approved by the Town Board. Unless this Plan is formally amended by the Town Board to
provide otherwise, Tax Increment Financing shall be required for the full twenty-five year
period required to carry out all the activities and undertakings necessary to complete the Urban
Renewal Project.
A. Establishment of Special Fund
The Authority shall establish a tax increment revenue fund for the deposit of all funds
generated pursuant to the division of ad valorem property tax and, upon approval of the Town
Board, municipal sales tax revenues described in this section.
B. Base Amount
That portion of the taxes which are produced by the levy at the rate fixed each year by or for
each public body upon the valuation for assessment of taxable property in the Urban Renewal
Area last certified prior to the effective date of approval of the Plan, and, if authorized by the
Town Board in an agreement with the Authority, that portion of municipal sales taxes collected
within the boundaries of the Urban Renewal Area in the twelve-month period ending in that
last day of the month prior to the effective date of the approval of the Plan, or both such
portions, shall be paid into the funds of each such public body as all other taxes collected by or
for said public body.
C. Increment Amount
That portion of said property taxes in excess of such base amount or that portion of such
municipal sales taxes in excess of such base amount, or both, shall be allocated to and, when
collected paid into the tax increment revenue fund to pay the principal of, the interest on, and
any other 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 described in this Plan, or as
otherwise authorized by the Urban Renewal Law. 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, all of the taxes levied upon
taxable property in the Urban Renewal Area shall be paid into the funds of the respective public
bodies. If sales tax increment financing is authorized by the Town Board, unless and until all or
the relevant part of the municipal sales tax collections in the Urban Renewal Area exceed the
base year municipal sales tax collections in the Urban Renewal Area, all such sales tax
11
collections shall be paid into the funds of the Town. When such Bonds, loans, advances and
indebtedness, including interest thereon and any premiums due in connection therewith, have
been paid, all taxes upon the taxable property in the Urban Renewal Area shall be paid into the
funds of the respective public bodies.
N
The increment portion of the taxes, as described in this subsection C, may 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, loans, advances and 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 Section 31-25- 107(9)(a)(III ) and ( b), C. R.S., 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.
XI. CHANGES IN APPROVED PLAN
This Plan may be modified by formal resolution of the Town Board pursuant to and in
accordance with Section 31-25- 107(7) of the Urban Renewal Law governing such modifications,
including all protections afforded by law to owners, lessees, and holders of Bonds, including
rights to reimbursement payments.
XII. MINOR VARIATIONS
The Authority may in specific cases allow minor variations from the provisions of the Plan if it
determines that a literal enforcement of the provisions of the Plan would constitute an
unreasonable limitation or restriction beyond the intent and purpose of the Plan.
XIII. EXHIBITS
Exhibit A: Map of Urban Renewal Area
Exhibit B: Conditions Survey
12
EXHIBIT A: MAP OF URBAN RENEWAL AREA
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13
EXHIBIT B: CONDITIONS SURVEY
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14
MINER' S VILLAGE 1
Conditions Survey
Frederick, Colorado
Prepared for:
Town of Frederick
November 2015
1.0 Introduction
The purpose of this survey (the "Conditions Survey") is to analyze conditions within an N
area described as Miners Village, Town of Frederick, County of Weld, State of Colorado
(the "Survey Area") to determine if factors that meet the definition of a "blighted area"
in Section 31-25-103(2) of the Colorado Revised Statutes are present and whether the
Survey Area is, therefore, eligible as an urban renewal area under the provisions of the
Colorado Urban Renewal Law.
The Survey Area contains approximately 56.57 acres located at the northwest corner of
Colorado Boulevard (Weld County Road 13) and Colorado Highway 52 and the adjacent
rights of way. Property owners of record were notified that the Survey was being
conducted as required by statute. The Survey Area is depicted in Exhibit A, attached to
and made a part hereof. Photographs of the Survey Area are included in Exhibit B,
attached to and made a part hereof.
2.0 Definition of Blight
For purposes of this Conditions Survey, conditions that constitute a blighted area are
based upon the following definition in Section 31-25-103(2) of the Colorado Urban
Renewal Law.
"Blighted area" means an area that, in its present condition and use and, by reason of
the presence of at least four of the following factors, substantially impairs or arrests the
sound growth of the municipality, retards the provision of housing accommodations, or
constitutes an economic or social liability, and is a menace to the public health, safety,
morals, or welfare:
(a) Slum, deteriorated, or deteriorating structures;
(b) Predominance of defective or inadequate street layout;
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(d) Unsanitary or unsafe conditions;
(e) Deterioration of site or other improvements;
(f) Unusual topography or inadequate public improvements or utilities;
(g) Defective or unusual conditions of title rendering the title non-
marketable;
2
(h) The existence of conditions that endanger life or property by fire or other
causes;
(1) Buildings that are unsafe or unhealthy for persons to live or work in
because of building code violations, dilapidations, deterioration,
defective design, physical construction, or faulty or inadequate facilities;
0) 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;
(1) If there is no objection of such 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, retards the provision of housing accommodations, or
constitutes an economic or social liability, and is a menace to the public
health, safety, morals or welfare. For purposes of this paragraph (1), the
fact that an owner of an interest in such property does not object to the
inclusion of such property in the urban renewal area does not mean that
the owner has waived any rights of such owner in connection with laws
governing condemnation.
The determination of whether an area constitutes a "blighted area" is a legislative
determination within the discretion of a municipal governing body. The purpose of this
Conditions Survey is to provide documentation of the above defined physical,
environmental and social factors as they exist within the Survey Area. It is not necessary
for every factor to be present in an area in order for it to qualify as a "blighted area".
Rather, an area qualifies as blighted when four or more factors are present. As
explained in item (I) above, this threshold may be reduced to the presence of one
blighting factor in cases where property owners and tenants in the Survey Area do not
object to inclusion in an urban renewal area. As explained later in this report,
conditions evidencing blight were found in the Survey Area.
3.0 Study Methodology
An independent consultant, Jac Cuney, experienced in conducting conditions surveys,
conducted field investigations for the purpose of documenting conditions within the
categories of blight shown above. The consultant used a checklist of conditions within
each statutory factor to aid in the identification and characterization of blight factors.
3
(a) Slum, deteriorated, or deteriorating structures
M
This factor is said to be present when the physical condition of structures in the
area present specific life-safety concerns. Sub-categories include:
• Roof deterioration/damage
• Wall, fascia board and soffit deterioration/damage
• Foundation problems (can also be inferred from subsidence)
• Gutter/downspouts: deterioration or absence
• Exterior finish deterioration (i.e. peeling or badly faded paint, crumbling
stucco, cracked masonry)
• Window and/or door deterioration/damage
• Stairway/fire escape deterioration/damage
• Mechanical equipment (problems with or damage to major mechanical
elements of primary structure)
• Loading areas: damage/deterioration
• Fence/wall/gate damage or deterioration
• Other structures: deterioration to significant non-primary structures
(b) Predominance of defective or inadequate street layout
This factor is said to be present when the layout (or non-existence) of streets or
roads creates problems impacting health, safety, welfare or sound development.
Sub-categories include:
• Vehicular access: ingress and/or egress options for automobile traffic are
unsafe, missing, or significantly inconvenient for visitor or customers
• Internal circulation : non-public, internal roadways or driveways are unsafe,
significantly inconvenient or present safety problems relative to their
interaction with public roads
• Driveway definitions/curb cuts: unsafe or significantly inconvenient
• Parking layout substandard : causing safety or access problems
• Traffic accident history: (when data is available), disproportionate share of
reported vehicular accidents
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness
4
This factor is said to be present when lot size or configuration inhibits or is likely
to inhibit sound development. Sub-categories include:
• Faulty lot shape or layout: narrow, triangular, split, and other shapes
incompatible with most land uses. Includes parcels that are blocked from
direct vehicular access by other parcels.
N Vehicular access unsafe, missing or significantly inconvenient. Because access
involves the interplay between lots and roadways, parcels with poor access
are usually found to have both category (b) and (c) present.
■ Inadequate lot size. This can depend on the context (i.e. downtown and/or
historical environments can often develop successfully with smaller lots,
whereas suburban locales are expected to have larger parcels available for
development)
(d) Unsanitary or unsafe conditions
This factor is said to be present when safety hazards and conditions are likely to
have adverse effects on the health or welfare of persons in the area due to
problems with a lack of infrastructure. Sub-categories include:
• Poorly lit or unlit areas
• Cracked or uneven sidewalks
• Hazardous contaminants
• Poor drainage
■ Flood hazard: substantially within a 100-yr floodplain, according to FEMA
• Steep slopes and difficult grade changes that are a safety hazard
• Unscreened trash or mechanical equipment: openly accessible dumpsters
(note: this is scored as a safety problem under this statutory factor even if not
a municipal code violation) or potentially dangerous mechanical equipment
■ Pedestrian safety issues: often related to other blight factors, this sub-
category is present when pedestrian and cyclists face a clear danger from
sidewalk problems, lack or crosswalks/crossing lights, fast-moving traffic
• High crime incidence: (when data available), usually defined as an area with a
disproportionate share of police calls for service
• Vagrants/vandalism/graffiti: while usually not a direct safety threat, can be
indicative of unsafe urban environments
5
(e) Deterioration of site or other improvements
This factor is present when land and/or structures have been either damaged or M
neglected. Sub-categories include:
• Neglected or poorly maintained properties, streets, alleys, sidewalks, and
other public improvements
■ Trash/debris/weeds
• Parking surface/curb/gutter deterioration/damage
• Lack of landscaping: reserved for properties with an expectation of
landscaping (due to zoning or context) but with none (or landscaping that has
become neglected)
(f) Unusual topography or inadequate public improvements or utilities
This factor represents the combination of two formerly separate factors. To that
end, it is said to be present when the topography is steep and incompatible with
development or properties are lacking complete or inadequate public
infrastructure. Sub-categories include:
• Slopes or unusual terrain
■ Street pavement deterioration or absence
• Curb and gutter deterioration or absence
• Street lighting inadequate, damaged or missing
■ Lack of sidewalks (or significant damage)
• Water/Sewer service: missing or in need of repair/replacement
■ Storm sewer/drainage missing or damaged
(g) Defective or unusual conditions of title rendering the title non-marketable
This factor is said to be present when there are problems with the marketability of
property titles, including unusual restrictions or unclear ownership. Due to the
expense of title searches, this blight factor is typically not examined unless
developers or land owners provide documentation of known title issues.
(h) The existence of conditions that endanger life or property by fire or other causes
6
This factor is said to be present when site and / or building maintenance or use
issues exist that may threaten site users. This factor also includes potential
threats from fire or other causes. Sub-categories include:
■ Fire safety problems: identified through fire code violation data (where
available), discussions with fire department personnel, or evidence of recent
fires
• Hazardous contaminants: an "other cause" posing danger to life/property
• High crime incidence (note: included in other factors)
• Floodplain/flood hazard (note: included in other factors)
(1) Buildings that are unsafe or unhealthy for persons to live or work in because of
building code violations, dilapidations, deterioration, defective design, physical
construction, or faulty or inadequate facilities
This factor is said to be present when primary improvements, specifically those
described in the context of factors (a) and (d) above, as well as property, poses a
danger to the extent that habitation and/or daily use is considered unsafe. Sub-
categories include:
• Hazardous contaminants
• High crime index
• Building/facilities unsafe: this determination is best made through interior
inspection but can be obvious with outside observation in some cases.
(j) Environmental contamination of buildings or property
This factor is said to be present when there exist threats from chemical or
biological contamination. Unlike category (i) above, this factor can be said to exist
even when such contamination does not pose a direct health hazard, so long as it
causes other problems (i.e. inhibits development). Sub-categories include:
■ Hazardous contaminants
(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
7
This factor is said to be present when properties or their improvements are
underutilized; or, there is a disproportionate amount of public service being
provided, such as properties generating frequent calls for police, code
enforcement or fire service and therefore, requiring more than their share of
municipal services. Sub-categories include:
■ High fire call volume
• High crime incidence (reflected in police calls for service)
• Site underutilization (vacant land or buildings more than approximately 20
percent vacant) or sites that are underutilized because of incompatible uses
4.0 Survey Area Facts
The Survey Area consists of a single platted parcel of unimproved land described in
Section 1.0 and depicted on the vicinity map, Exhibit A. According to the Weld County
Assessor, the Survey Area has been classified and assessed as agricultural land in the
five-year period prior to the date of this Conditions Survey.
5.0 Survey Results
The Conditions Survey documented the presence in the Survey Area of seven of the
eleven blight factors listed in the Colorado Urban Renewal Law, including (i)
predominance of defective or inadequate street layout; (ii) faulty lot layout in relation to
size, adequacy, accessibility, or usefulness; (iii) unsanitary or unsafe conditions; (iv)
deterioration of site or other improvements; (v) unusual topography or inadequate
public improvements; (vi) environmental contamination of buildings or property; (vii)
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.
The Survey Area is comprised of vacant and unimproved land. Factors that were
observed and identified include lot and street layout problems, inadequate provisions
for pedestrian safety, inadequate public improvements, lack of infrastructure
easements, and site underutilization, all of which would support a finding that the
Survey Area is blighted. The seven blight factors specified by the law found in the
Survey Area are described in more detail in the discussion that follows (The letter in
parentheses in the title to the following paragraphs corresponds to the letter for that
factor in Section 31-25-103(2), C.R.S.).
8
(b) Predominance of defective or inadequate street layout
Predominance of defective or inadequate street layout can be considered present
when existing roads are insufficient to meet the needs of improvements within
the Area, or there is a lack of streets or the streets that are in place are
deteriorating. The Survey Area is comprised of a vacant unimproved parcel. The
vacant parcel therefore lacks driveway definitions and curb cuts. Along with a lack
of internal streets is a lack of lighting, sidewalks and parking areas. The following
sub-categories of factor (b) were found in the Survey Area :
• Vehicular access - ingress and egress is non-existent
• Driveway definitions and curb cuts are unsafe or do not exist
• Internal streets and roadways are non-existent
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness
Because poor vehicular access is also a characteristic of faulty lots, the Area
suffers from this blight factor for the reasons explained under (b) above.
• Vehicular access unsafe and inconvenient or non-existent
(d) Unsanitary or unsafe conditions
Multiple factors contribute to unsafe conditions in the Area. Among them is a lack
of improved roadways, as explained under (b) above. Additionally, steep slopes
(described in factor (f) below) combined with insufficient lighting and incomplete
sidewalks and trails are considered a danger to pedestrians.
There is no lighting along the major right-of-way that borders the Area on the
South side of the Survey area and only partial lighting on major right-of-way on
the East side creating an unsafe environment for pedestrians. There is no interior
lighting on the property.
The following sub-categories of factor (d) were found in the Survey Area :
• Poorly lit or unlit areas
• Poor drainage
• Grading / steep slopes/elevations below grade
9
■ Pedestrian safety issues
■ Potential hazardous contaminants due to oil/gas wells and pipes
• Unscreened mechanical equipment or potentially dangerous mechanical
equipment
(e) Deterioration of site or other improvements
The following sub-categories of factor (e) were found in the Survey Area :
■ Neglected and poorly maintained property
• Trash, debris and weeds
■ Lack of landscaping (as required by zoning)
(f) Unusual topography or inadequate public improvements or utilities
As explained above, there is insufficient lighting along the rights-of-way that
border the Area, creating an unsafe environment for pedestrians.
Public improvements and utilities that are lacking and which will require
completion as part of any development program include: connections to water
and sanitary sewer mains; internal roadways, curbs and gutters; sidewalks and
trail improvements; street lighting; on-site provisions for storm drainage; and,
water quality features. Although utilities are available in the vicinity of the Survey
Area, existing inadequacies constitute a deterrent to development within its
boundaries.
The following sub-categories of factor (f) were found in the Survey Area :
• Slopes and unusual terrain
• Non-existent Street pavement
■ Curb and gutter absence
• Street lighting inadequate and missing
■ Lack of sidewalks
• Water and sewer service incomplete
• Storm sewer and drainage incomplete and inadequate
(j) Environmental contamination of buildings or property
10
This factor is said to be present when there exist threats from chemical or
biological contamination. Unlike category (i) above, this factor can be said to exist
even when such contamination does not pose a direct health hazard, so long as it
causes other problems (i.e. inhibits development). Sub-categories include:
• Potential hazardous contaminants due to presence of oil/gas wells and pipes
• Possible threat from chemical contamination
• Oil/gas wells and pipes could possibly inhibit development
(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
This factor is said to be present when, as here, the site is vacant, or properties or
their improvements are underutilized; or, there is a disproportionate amount of
public service being provided - for instance, properties generating frequent calls
for police, code enforcement or fire service and therefore requiring more than
their share of municipal services. Sub-categories include:
• High fire call volume (not found on this site)
• High crime incidence (not found on this site)
• Site underutilization (vacant land or buildings more than approximately 20
percent vacant. This condition is present in the Area)
Summary of Factors
Table 1 summarizes the findings across all surveyed parcels. As shown, six factors of the
11 total possible factors were found, to some extent, within the Survey Area. In this
case, all six factors (as discussed earlier) were present to a degree that appeared likely
to have a significantly negative impact on safety, welfare and/or sound development.
11
Table 1
Summary of Findings
I
Blight Qualifying Present
Factor
(a)
(b) X
(c) X
(d) x
(e) X
(f) X
(g)
(h)
(I)
0) X
(k5) X
Total Factors 7
12
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16
WELD COUNTY IMPACT REPORT
URBAN RENEWAL PLAN FOR TIE MINER'S VILLAGE
URBAN RENEWAL PROJECT
This impact report is submitted to the County Commissioners of Weld County as required by
Section 31-25- 107(3.5)(a), C.R.S., for the Urban Renewal Plan for the Miner's Village Urban
Renewal Project (the "Urban Renewal Plan"). The information in this report is based upon
estimates of development projected to occur commencing in 2016. The development estimates
are based on significant assumptions. Some assumed market conditions and economic
circumstances may not materialize and unanticipated events and circumstances will occur
subsequent to the date of this report. Therefore, the actual results achieved during the urban
renewal project will likely vary from the projections. The following information follows the
format dictated by the statute.
(I) The Estimated Duration of Time to Complete the Urban Renewal Project .
As provided in the Urban Renewal Plan it is anticipated that at least 25 years will be required to
carry out the Urban Renewal Project.
(II) Estimated Annual Property Tax Increment to be Generated by the Urban Renewal Project
and the Portion of Such Property Tax Increment to be Allocated During This Period to Fund the
Urban Renewal Project.
The Urban Renewal Plan states that the full 25-year period for allocation of property tax
increment revenue will be required to pay the bonds (including refunding bonds), notes, interim
certificates or receipts, temporary bonds, certificates of indebtedness, debentures, and other
financial obligations (as defined in Section 31 -25- 103, C.R.S.) incurred by the Frederick Urban
Renewal Authority (the "Authority") to carry out the Urban Renewal Project.
Because the improvements to be constructed in the Urban Renewal Area are buildings that
produce less tax revenue relative to more intense land uses and improvements, project costs and
indebtedness are anticipated to exceed available tax increment revenue. The annual revenue
anticipated to be allocated to the special fund created by Section 31-25-107(9)(a)(II), C.R.S.,
from the property tax levy of Weld County is set forth in the attachment to this report.
Property tax increment from the Weld County levy against the tax increment assessment roll
begins with $ 129,459 in 2016 which is the year construction will begin. The final year of 2040
will provide $267,859 in the last year that property tax allocated by law will be paid into the
special fund. The total amount projected to be allocated from the County levy is $5, 123,303 .
The statute allocates all of the property tax increment to the special fund during the 25-year
period that indebtedness is outstanding to fund the Urban Renewal Project.
(III) Estimate of the Impact of the Urban Renewal Project on County Revenues and on the
Cost and Extent of Additional County Infrastructure and Services Required to Serve
Development Within the Proposed Urban Renewal Area and the Benefit of Improvements
Within the Urban Renewal Area to Existing County Infrastructure.
Based on the latest available information from the Weld County Assessor, the actual value of the
Urban Renewal Area is $5,974 and the current assessed value is $ 1 ,732. For the purposes of this
report it is assumed that the base value for 2015, the anticipated base year to be established in
accordance with Section 31 -25- 107(9)(a)(I), C.R.S., is $ 1 ,732. •
The proposed Urban Renewal Area is entirely within the boundaries of the Town of Frederick.
The Urban Renewal Area will be developed by construction neighborhood commercial district
consisting of retail commercial units and the corresponding public infrastructure required for the
private improvements. Construction is anticipated to commence in late 2016 and it is projected
that construction will be completed in 2020. The construction of square footage by year will be:
2016 - 239,730: 2017 - 46,010; 2018 - 29,360: 2019 - 19,000: and 2020 - 95.075.
It is not anticipated that the County will be required to provide any public improvements, police,
fire, utility or other specific County infrastructure or services to serve the area in the Urban
Renewal Plan. The Urban Renewal Project is not adding any residential units to the area, and it
is not expected that any additional demands (direct or indirect) will impact County services such
as health and human services that will not be covered by the County's property tax levy against
the base value as it grows pursuant to reassessment as provided in Section 31 -25- 107(9)(e),
C.R.S.
IV. Statement of the Method Under Which the Authority Will Finance any Additional
County Infrastructure and Services Required to Serve Development in the Urban Renewal Area
for the Period in Which the Tax Increment Revenue Resulting From the County's Levy is
Allocated to the Authority.
As stated above, the County will not be expected to provide any infrastructure or services to
serve the area in the Urban Renewal Plan, including such County services such as health and
human services. The County will receive increased revenue from the base assessed value as it
grows from the bi-annual statutory reassessment process.
V. Other Estimated Impacts of the Urban Renewal Project on County Services or Revenues.
The projected development of the Urban Renewal Area as a neighborhood commercial retail
center is not expected to result in any unusual or other impact on County services or revenues.
No additional County infrastructure will be required to service the public and private units to be
constructed in the Area. A metropolitan district is currently in place if necessary to construct and
service public improvements.
2
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