planning commission - 24 aug 2020

AGENDA

Planning Commission Meeting 6:30 PM - Monday, August 24, 2020

Zoom Conferencing

Opportunity for Remote Participation

Email Option: Members of the public may provide public comment or comment on a specific agenda item by sending an email to [email protected]. Emails must be received by 8:00 AM on Monday, August 24th. If requested by the sender, staff will read the email into the record during public comment or public comment for an agenda item.

Phone Option: Members of the public who wish to provide public comment during the public comment portion or during a specific agenda item may call the number below after 6:15 pm, at which time they will be muted and placed on hold.

To participate, dial the following phone number: 1-669-900-6833

When prompted, enter the following meeting ID, followed by the "#" sign: 983 0482 4839 #

Press "#" when asked for the participant ID.

To speak to an agenda item when public comment is called for, please press *9 on your phone and wait for the moderator.

The hearing will be livestreamed at https://loveland.viebit.com or on Channel 16.

Page

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. REPORTS A. Citizen Reports

This is time for citizens to address the Commission on matters not on the published agenda.

B. Current Planning Updates

• Staff Matters: Review of the Eisenhower/Madison Ziggi's Coffee

• Resignation of Deborah Tygeson

• Planning Commission Recruitment Efforts

• August 25 City Council Study Session: UDC Amendments & Nuisance Code

C. City Attorney's Office Updates D. Committee Reports

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E. Commission Comments

IV. APPROVAL OF MINUTES A. Review and approval of the July 27, 2020 meeting minutes

072720 Minutes

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V. REGULAR AGENDA 1. Public Hearing: Kangaroo Storage Annexation Agreement

Amendment - presented by Troy Bliss, Current Planning

Kangaroo RV & Boat Storage is an outdoor facility located at the SW quadrant of the intersection of South Lincoln Avenue and 14th Street. Annexation of the property in 2011 included an annexation agreement that specifies that this use is authorized for 20 years and that the use must discontinue if ownership or management changes. The owner is requesting amendment to these restrictions. Planning staff is supporting the amendment with limitations.

The Commission's role is to conduct a public hearing and forward recommendation to the City Council for final action.

Kangaroo PC Memo_082420

Attachment 1

Attachment 2

Attachment 3

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2. Title 19 Amendments - Water Rights - presented by Nathan Alburn,

Water Division, Water and Power Department

In response to numerous customer requests, the Water Division has developed amendments to Title 19 of the Municipal Code. The amendments address the time of dedication of raw water requirements for residential development. Currently, the Municipal Code requires dedication prior to the approval of a final plat. The proposed amendment would continue to allow dedication with the final plat, but would also allow dedication to be postponed, offering two additional options: 1) dedication in phases based on an approved development agreement; and, 2) dedication prior to the issuance of a building permit. The ability to postpone payment for residential water rights has been an interest of developers for many years. The recent increases in raw water, along with overall housing costs, has intensified interest in this topic. Raw water dedication can cost in the millions of dollars.

This item does not require a public hearing, but the Commission may wish to entertain public comment. The Commission's role is to review this proposal and forward recommendation to the City Council for final action.

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(1) Item X, WR Timing - Changes to Title 19 Section 19.04.020 timing of paymt for res WR

(2) Item X, WR Timing A1 19.04.020 new 2020-08-19 redline - Copy

(3) Item X, WR Timing A2 19.04.020 new 2020-08-19 clean - Copy

(4) Item X, WR Timing PowerPoint Presentation Nathan Alburn CC v1 VI. ADJOURN TO STUDY SESSION

STUDY SESSION

Nuisance Provisions Discussion

This study session is a follow-up to the July 27th Planning Commission public hearing at which a recommendation for denial of the Nuisance Ordinance was made by the Commission. The purpose of the study session is to discuss the primary concern of the Commission: Section 6.28.020 - Property owner responsibilities. This Section assigns responsibility for maintenance of vegetation in the street rights-of-way, including the trimming and removal of dangerous trees, to the adjacent property owner. The Commission, by unanimous vote, objected to this provision, indicating that it placed an unfair and potentially severe financial burden on adjacent property owners. A second topic for consideration at the study session is the City's graffiti regulations.

Memo to PC 8-24-20. BP

1 - Street Tree Research

2 - John Sweeney PW street tree email

3 - UDC street tree regs

4 - ORD_Nuisance Abatement CLEAN (06-25-2020) lrs

5 - CHAPTER 7-Graffiti from LMC

6 - Graffiti Research

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Notice of Non-Discrimination It is the policy of the City of Loveland to provide equal services, programs and activities without regard to race, color, national origin, creed, religion, sex, sexual orientation, disability, or age and without regard to the exercise of rights guaranteed by state or federal law. It is the policy of the City of Loveland to provide language access services at no charge to populations of persons with limited English proficiency (LEP) and persons with a disability who are served by the City. For more information on non-discrimination or for translation assistance, please contact the City’s Title VI Coordinator at [email protected] or 970-962-2372. The City will make reasonable accommodations for citizens in accordance with the Americans with Disabilities Act (ADA). For more information on ADA or accommodations, please contact the City’s ADA Coordinator at [email protected] or 970-962-3319 . Notificación en contra de la discriminación La política de la Ciudad de Loveland es proveer servicios, programas y actividades iguales sin importar la raza, color, origen nacional, credo, religión, sexo, orientación sexual, discapacidad, o edad y sin importar el uso de los derechos garantizados por la ley estatal o federal. La política de la Ciudad de Loveland es proveer servicios gratis de acceso de lenguaje a la población de personas con dominio limitado del inglés (LEP, por sus iniciales en inglés) y a las personas con discapacidades quienes reciben servicios de la ciudad. Si desea recibir más información en contra de la discriminación o si desea ayuda de traducción, por favor comuníquese con el Coordinador del Título VI de la Ciudad en [email protected] o al 970-962-2372 . La Ciudad hará acomodaciones razonables para los ciudadanos de acuerdo con la Ley de Americanos con Disca pacidades (ADA, por

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http://cilovelandco.civicweb.net/document/67389/(4)%20Item%20X,%20WR%20Timing%20PowerPoint%20Presentation%20Nath.pptx?handle=A7E66C6BFD304643BF96701447E01478

mailto:[email protected]



sus iniciales en inglés). Si desea más información acerca de la ADA o acerca de las acomodaciones, por favor comuníquese con el Coordinador de ADA de la Ciudad en [email protected] o al 970-962-3319 .

Title VI and ADA Grievance Policy and Procedures can be located on the City of Loveland website at: cityofloveland.org

Password to the public wireless network (colguest) is accesswifi

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https://cilovelandco.civicweb.net/eaengine/ci%20tyofl%20ovel%20and.org

SUPPLEMENTARY INFORMATION Public Hearing Procedures The purpose of a public hearing is for the Planning Commission (PC as used below) to obtain full information as to the matter under consideration. This includes giving all interested parties the opportunity to speak (provide testimony) at the hearing. The public hearing is a formal process. Below is the typical hearing sequence followed by the Planning Commission. Annotations have been provided for clarity.

1. Agenda item is recognized by the Chair 2. Public hearing is opened* 3. Staff presentation (May include clarifying questions to staff from Commissioners) 4. Applicant presentation (May include clarifying questions to applicant from Commissioners) 5. Public Comment (All public comment should be made from the center podium upon direction from the Chair. Citizens should provide their name and mailing address in writing at the podium, and introduce themselves. The PC may ask clarifying questions of the citizens. At a public hearing, the PC does not respond to questions from citizens; questions directed to the applicant or staff should be requested through the Chair.) 6. Applicant response (The Chair typically requests that applicants respond to comments and questions raised during public comment) 7. PC questions to staff, the applicant and possibly to citizens who presented (Commissioners may use this step in the process to gain a more detailed understanding of relevant information) 8. Close public hearing (Unless specifically permitted by the Chair, further testimony is not allowed after the public hearing is closed) 9. Motion (Motions are made by a PC member with possible conditions) 10. Motion is seconded (A 2nd is required before the motion can be considered; a motion that fails to obtain a second dies) 11. PC discussion (The PC discusses the application and whether it satisfies the required criteria as found in adopted City policies and ordinances) 12. PC Chair request that the applicant agrees to any conditions prior to a vote (When preparing to vote on a motion for approval, the PC Chair will ask if the applicant is willing to accept the proposed conditions. If the applicant is not, the PC may deny the application) 13. Vote (The decisions of the PC must address relevant findings of fact. These findings respond to criteria specified in adopted plans and codes, and service to guide zoning, annexation and other land use decisions. Relevant criteria and findings are itemized in the Staff Report and referred to in the recommended motion)

* Note that the Planning Commission may place time limits on presenters. All presenters should communicate clearly and concisely, refraining from duplicating detailed information that has been provided by others.

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MINUTES

Planning Commission Meeting 6:30 PM - July 27, 2020 VIRTUAL MEETING

The meeting of the City of Loveland Planning Commission was called to order on July 27, 2020 at 6:30 p.m. in the City Council Chambers with the following members present via Zoom video conferencing: PRESENT: Chairman McFall; and Commissioners Fleischer, Hovland, Tygesen,

Devlin, Eckman, and Weinberg.

ABSENT: None.

CITIZEN REPORT Members of the public were offered a time to speak via phone. There were no citizen reports.

CURRENT PLANNING UPDATES

1. Robert Paulsen, Current Planning Manager, announced that the Planning

Commission currently has two vacancies. Applications are currently being accepted and he encouraged those who are interested to apply.

2. Mr. Paulsen provided a preview to the August 10, 2020 Planning Commission meeting. A remote public hearing will be held for a Unified Development Code amendment, presented by Alison Hade of the Community Partnership office. Commissioners were encouraged to notify staff of any absences due to the commission vacancies.

3. Mr. Paulsen stated that staff has been coordinating with the Public Works

Department regarding traffic concerns at the Ziggi’s Coffee on Eisenhower Blvd.; an update will be provided at the meeting on August 10th.

CITY ATTORNEY’S OFFICE UPDATE Laurie Stirman, Assistant City Attorney, stated that there were no updates. COMMITTEE REPORTS There were no committee reports.

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COMMISSIONER COMMENTS Chairman McFall congratulated Commissioner Devlin on the birth of his baby boy. APPROVAL OF THE MINUTES Commissioner Weinberg made a motion to approve the July 13, 2020 minutes; upon a second from Commissioner Hovland, the minutes were approved unanimously. REGULAR AGENDA

1. Amendments to Title 18 of the Municipal Code - Minor Amendments Package – Public Hearing Item Description: This is a public hearing to consider amendments to the Unified Development Code (UDC), which is Title 18 of the Loveland Municipal Code. Current Planning Division staff, in cooperation with the City Attorney's Office, have developed a group of amendments to the UDC that address code sections that have been problematic for staff and customers. The amendments address conflicting and confusing code provisions, and ad provisions that were inadvertently omitted from the UDC when in was adopted in late 2018.

Over a series of four study sessions and one public hearing, the Planning Commission has undertaken the review of the proposed code changes. During this three-month timeframe, the Commission has provided extensive comment and direction on the changes, and at the June 22nd study session indicated that the amendment package was ready for public hearing.

Planning staff has divided the group of amendments to 38 sections of the UDC into two packages. This first package represents the more technical, minor corrections, clarifications and insertion of missing provisions are part of this first agenda item. It is expected that this package of amendments can proceed directly to a City Council public hearing (following the Planning Commission public hearing). The second, more complex package of amendments (Agenda item 2) is currently scheduled for a study session with the City Council on August 25th. The role of the Planning Commission is to conduct a public hearing on this item and forward a recommendation to the City Council. The Commission may specify adjustment to the amendments that are forwarded to City Council. Ms. Kerri Burchett, Principal Planner, provided an overview of the minor amendment package which includes corrections, clarifications, and insertion of missing provisions. The proposed minor amendments apply to 18 sections of the UDC, and include 3 items that were included in the previous Title 18, but were omitted from the adopted UDC when it was created and 11 minor adjustments, corrections and clarifications. She reviewed each amended section of the Code regarding omissions. Ms. Burchett finished by offering to answer any questions or discuss in detail any of the proposed amendments in this package.

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PUBLIC COMMENT: There were no public comments. Commissioner McFall closed the public hearing at 7:03 p.m. COMMISSIONER COMMENTS:

• Commissioner Weinberg and Commissioner McFall commended the Commission, Kerri Burchett, and City staff on the work that has gone into this amendment package.

Commissioner Hovland moved to recommend approval to the City Council of amendments to Title 18 Unified Development Code of the Loveland Municipal Code as provided in Attachment 2 and presented to the Planning Commission on July 27, 2020, as amended on the record; upon a second by Commissioner Tygesen, the motion was adopted unanimously. Mr. Robert Paulsen commented that this item (group of amendments) will proceed directly to City Council in August or September, without a study session.

2. Amendments to Title 18 of the Municipal Code – Major Amendment Package – Public Hearing Item Description: This is a public hearing to consider amendments to the Unified Development Code (UDC) which is Title 18 of the Loveland Municipal Code. Current Planning Division staff, in cooperation with the City Attorney's Office, have developed a group of amendments to the UDC that address code sections that have been problematic for staff and customers. The amendments address conflicting and confusing code provisions, and add provisions that were inadvertently omitted from the UDC when in was adopted in late 2018.

This second agenda item is the second group of UDC amendments has undergone the same review process with the Planning Commission as the amendments in agenda item 1. This second group, however, includes code changes that are considered more complex. These amendments include modifications to development standards, City review processes, and to new and adjusted definitions in the UDC. This second package of amendments is scheduled for at City Council study session on Tuesday, August 25th.

The role of the Planning Commission is to conduct a public hearing on this item and forward a recommendation to the City Council. The Commission may specify adjustment to the amendments that are forwarded to City Council.

Ms. Kerri Burchett, Principal Planner, presented information regarding the proposed major amendments, which are applicable to 21 sections of the UDC. A slide presentation, provided by Ms. Burchett, detailed all proposed amendments.

Ms. Burchett gave an in depth review of the amended section entitled Family and Rooming Houses, which was the focus of the June 22nd Planning Commission study session that consisted of a discussion regarding the definition of family, occupancy limits on single family homes and

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the relationship of the "small rooming house" definition to single family home occupancy requirements. Together, these adjustments clarify the allowed occupancy levels in single family homes and make small rooming houses an available land use option in single-family-zoned districts.

Ms. Burchett shared that staff is proposing, at the direction of the Planning Commission, a proposed amendment to the current UDC under the section entitled Family and Rooming Houses (18.19.03, 18.02.04.03, and 18.02.03.03). In summary, the proposed amendment includes a definition of “family” which includes an increase in the number of unrelated individuals living together in a single family home from 3 to 4. A corresponding adjustment to the definition of a small rooming house from 4-8 unrelated individuals to 5-8 unrelated individuals has also been provided to eliminate any overlap or inconsistency between allowed occupancy levels between single family homes and small rooming houses. In addition, the amendment allows small rooming houses to be located in estate and low density residential zones as a conditional use. She indicated that these proposed code changes reflect the direction recently provided by the Planning Commission.

Ms. Burchett added that staff received emails from three citizens regarding family and rooming houses, which have been provided in Attachment 5 of the staff report.

In conclusion, Ms. Burchett shared that Planning staff has scheduled a City Council study session for August 25th to introduce the provisions of the Code, which contain items that are more complex or have more complex backgrounds and history.

PUBLIC COMMENT:

• Mr. Grant Shipman, resident, shared that he submitted comments, which are included as part of the agenda packet, along with a documentary that he created and posted to share with the Commission that describes his “functional family” in which he has been a part of for twenty years. He explained that the neighborhood really likes his “functional family”, as there are multiple, responsible adults that care for the neighborhood. He agrees that the leaving out of the UDC the definition of family was a fantastic move. He shared that instead of jumping back to the definition that existed (in the code previous to the UDC) regarding unrelated adults, he wishes that staff would find something that grabs onto what the character of these neighborhoods go for. He shared that even if rooming houses were potentially allowed in multiple zones, he indicated that rooming houses would not be a practical option and he believes that rooming houses would not work in today’s market. Mr. Shipman added that he appreciates the work of the Commission, and added that he has spent a great amount of time preparing comments for the Planning Commission, instead of just “shooting-off” his comments.

• Commissioners McFall and Devlin thanked Mr. Shipman for the extensive

work that he submitted to the Commission.

• Mr. Andrew Lewis, resident, shared that he is an area realtor. He first addressed the topic of "recovery houses, stating that, according to the Fair Housing Act, recovery homes are required to be treated as a single-family unit. He added that

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recovery houses do not have staff, so he questioned how the wording (as proposed) regarding staff levels would work and believes it could potentially be an issue for the City. He then addressed the proposed family definition and occupancy levels. He shared that he knows many people, including single moms, who rent out rooms. The requirement of a “rooming house” for these situations will cause many people operate illegally. The neighborhood meeting qualification would be a hurdle that the average resident would not be willing to do. He thanked the Commission for devoting their work to find a solution as it makes it a great city for people.

Commissioner Fleischer asked, since there is no on-site staff associated with a recovery home, if there are people that volunteer their time in the recovery home. Mr. Lewis shared that there would be several individuals that live together and have required meetings and random drug tests; people are interviewed and then voted in. These facilities, he shared, have a zero tolerance policy and violators would be immediately removed from the home, since they are no longer considered to be in recovery. He stated that there are no paid staff and the houses operate independently. Commissioner McFall shared that he understands there may not be someone who runs the house and lives on-site, but questioned if there is a person that runs the home itself, even though they do not reside there. Mr. Lewis shared that Oxford House is a large organization with over 60 recovery houses in Colorado, some of which are located in Loveland. Within the Oxford House Model, there are governing bodies that ensure the houses are functioning according to the states requirements, but he has never seen a situation of paid staff members living in a recovery home. Commissioner McFall asked Ms. Burchett to respond to Mr. Lewis’ comment and asked if there is an expectation of paid staff to live on-site at the recovery home. Ms. Burchett responded that the group home amendment was created in order to align with state statutes, as the requirements for the recovery residences became effective in early 2020. Staff worked with operators of some of the recovery residences located in Loveland; amendments were presented for comment and an in-person meeting was held at the City offices to discuss how these homes operate and in which zones they should be allowed. Five types of group homes listed in the UDC were discussed, including homes for the elderly, homes for developmentally disabled persons, homes for juvenile offenders, homes for mentally ill persons, and finally homes for substance use disorders. She shared that the proposed code standards for the information required of a recovery home reflects what the state requires. The requirements do not state that staff must live at the facility; however, with a building permit application, contact information would be provided, which would assist in understanding how the group home operates and this information would be kept on file with the City.

Commissioner McFall asked, if an organization wants to purchase a facility that is already built, would they would need to apply for approval with the City to run it as a group home or recovery residence. Ms. Burchett answered that a group home or recovery residence is allowed in all zone districts and is covered under the Federal Fair Housing Act; it is considered a limited use and does not require a neighborhood meeting or a Planning Commission hearing. A single-family dwelling may be converted into a group home by submitting an application for building permit, and would then need to meet building code and fire code requirements, as well as ADA requirements. She added that the informational packet with a description of the group home would be required to be submitted with the building permit application.

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Commissioner Weinberg asked why a definition of family is necessary. Ms. Burchett explained that by default there is an occupancy limit on single family homes due to the small rooming house definition in the code. While the current code (the UDC) does not define family nor specify occupancy limits for single family homes, the small rooming house definition allows 4-8 unrelated occupants. So, 4 to 8 unrelated adults living together constitutes a small rooming house. Nine or more unrelated people living in a dwelling unit constitutes a large rooming house. (This determination has been confirmed by the City Attorney's office.) Due to this situation, there is confusion. Staff, with guidance from the Commission, is working to resolve this confusion by establishing a family definition and clarifying occupancy limitations. Mr. Robert Paulsen added that staff has received complaints in the past from residents concerned about the number of people residing at a rental house in their neighborhood, and are concerned about the occupancy level and behavior in the home. Unfortunately, clear provisions currently do not exist that would allow City code officers to address the situation. He reminded the Commission that there is a need for reasonable standards that give people flexibility without causing undue constraint, so that neighbor’s rights are protected and there is some latitude in occupying a single family home. He commended Mr. Shipman and Mr. Lewis for the good points they had expressed and for sharing their ideas and sharing their documented examples of groups of adults in a single-family home, and how they can work well within their neighborhood in larger numbers than what would ordinarily be considered a single-family occupancy. Commissioner McFall questioned, with regard to Mr. Lewis’s statement about single moms renting rooms, why the City should be concerned with tackling this issue. Ms. Burchett responded that often times the complaints that staff receives are related to the number of cars parked outside when there was no adequate off-street parking. There is an expectation that residences have when it comes to single-family neighborhoods. The proposed amendment would allow a rooming home to exist in a single-family neighborhood; however, a neighborhood meeting and approval from the Planning Commission would be required of this type of use, since it is not what would be expected in this type of neighborhood.

Commissioner McFall closed the public hearing at 8:08 p.m. MOTION: Commissioner Weinberg moved to recommend approval to the City Council of amendments to Title 18 Unified Development Code of the Loveland Municipal Code as provided in Attachment 2 and presented to the Planning Commission on July 27, 2020, as amended on the record.

COMMISSIONER DISCUSSION:

• Commissioner Devlin shared that he is on the fence because he does not agree with limiting property owner’s rights. He asked, in a situation where a property

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owner that lives in the home and has been renting out four of their rooms, if they would be grandfathered in, or if the situation would be dealt with on a complaint basis. Ms. Burchett responded that uses that were legally permitted at the time of the Code change would be grandfathered in.

• Commissioner Devlin asked that the City Council strongly consider that if a property owner is living on-site and supervising the property, they should be able to rent out their rooms. He said he understands that rental properties with the owner living out of state would pose an issue. Commissioner Weinberg shared that his biggest concern with this is how anyone would have the evidence that someone was living there. Commissioner Devlin shared that it could be as simple as the owner showing proof of residency through driver’s license or utilities in their name.

• Commissioner Weinberg voiced his appreciation to City staff and the Commission for their work on the amendment. He shared that that he believes it has been well thought-out and there has been much heartfelt consideration involved.

• Commissioner Hovland commended Ms. Burchett and staff for the work put into the amendments. He agrees with Commissioner Devlin, but believes that there are different options that single-family neighborhoods have should they run into an issue.

• Commissioner Eckman thanked Ms. Burchett and is very supportive of the amendments. He shared that with the definition of family, you can have any number of members related by blood or adoption, plus two more. He asked if vacation rentals are allowed in Loveland. Ms. Burchett confirmed that the City does not have any regulations regarding vacations homes. Commissioner Eckman shared that he believes we are not limiting people’s property rights much and he recommends approval.

• Commissioner Tygesen shared that she agrees with Commissioners Hovland and Eckman and the comments they made regarding the great job staff has done and she supports the changes.

• Commissioner Fleischer thanked Ms. Burchett and staff for the hard work and added that he appreciates the conciseness of the presentation which provides compelling information including refinements and clarifications that were previously discussed and identified. He shared he likes that it provides substance and metrics that we can work with in the code, and measure against.

• Commissioner McFall shared that it is evident there was much thought and the caring that went into these amendments. He shared that even though we are moving away from traditional families, there must be a way for the City’s code enforcement to be able to deal with complaints. He thanked Ms. Burchett and staff for working with the Planning Commission over the past few months. He shared that he is reluctant to limit a property owner’s rights and asked that the City Council consider looking at the exceptions.

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The motion was approved unanimously. 3. Nuisance Code – Public Hearing

Item Description: This is a public hearing to consider an ordinance that establishes new Title 16 - Nuisances - of the Loveland Municipal Code. In addition to establishing new Title 16, the ordinance amends associated portions of the Municipal Code to ensure that new Title 16 integrates cohesively into the larger code. The Planning Commission's role is to conduct a public hearing and forward a recommendation to the City Council.

The purpose for establishing the Nuisance Code is to consolidate nuisance provisions that are currently located in multiple areas of the Municipal Code. Consolidation includes updating the Code, an effort that will facilitate improved enforcement practices and better code enforcement services to Loveland residents and businesses.

The Planning Commission has conducted a series of three study sessions on the proposed Nuisance Code (May 18, June 8 and June 22) and has indicated that the code amendments are now ready for public hearing. The public is encouraged to comment on the proposed code amendments either in writing or by participating at the hearing. The Commission may specify changes to the proposed ordinance before forwarding it to City Council.

Mr. Robert Paulsen, provided to the Commission a slide presentation that outlined the purpose and the background of new Title 16, which brings together provisions and consolidates them into a uniform abatement code. He shared that staff is requesting a Planning Commission recommendation to the City Council and added that the Nuisance Code will be presented to the City Council in a study session on August 25th, along with the UDC amendments. Commissioners were encouraged to view the upcoming televised study session for hearing Council’s response to the proposed item. Mr. Paulsen explained that currently the nuisance regulations are scattered within the Municipal Code, which makes it difficult for staff to share with the public what the nuisance provisions are. He added that much effort has been made to ensure uniformity and clarity within the new code provisions, without significantly changing the scope of Code Enforcement authority. Mr. Paulsen described the current code enforcement operations, and introduced City Code Officer, Sharyn Frazer. Ms. Frazer shared that she has been with the City of Loveland for 15 years as a Code Enforcement Officer. She stated that her office strives to educate and inform the public, and only a small percentage of her time requires a more heavy-handed approach. She explained that to keep Loveland the nice city that it is, good communication with citizens is very important. Mr. Paulsen described the code update process as a collaborative effort with enforcement staff. Code update components were also presented, as well as a summary of the basic components of the Code and targeted amendments. He described in detail the significant amendments that address the unlawful use of parked vehicles and camping facilities, a property owner’s responsibilities regarding the maintenance and removal of trees, the improper storage of materials, and chronic nuisance properties.

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• Commissioner Eckman asked for clarification regarding the napping provisions and asked if it refers public or private property. He also questioned the wording used to specify the length of napping. Ms. Stirman answered that the provisions refer to private property and that the word “incidental” indicates that it is for short periods of times, as needed. Mr. Paulsen asked if the wording could be changed from “napping” to “resting” for clarification. Ms. Stirman suggested that different wording could be considered at the request of the Commission.

• Commissioner Weinberg asked Officer Fraser for her thoughts on the word “napping” being used. Ms. Frazer stated that she agrees with Mr. Paulsen and Ms. Stirman, and added that it would be difficult to enforce a 24-hour period, since you would need to specify the time of when that period starts and stops.

• Commissioner McFall asked if this napping provision would be the result of a citizen calling enforcement to check on a vehicle they noticed has been parked somewhere for more than a day. Mr. Paulsen responded that his example would be a common scenario, and added that there may be an individual who has parked an RV in a vacant lot and has been there for over 24 hours; at which point, a code enforcement officer could address the issue.

• Commissioner Weinberg shared that he is concerned with the scenario of a parked vehicle, as it would go as a complaint to a police officer more often than to a code enforcement officer. He added that vehicles could also move from one parking lot to another after a 24-hour period. Ms. Frazer stated that she would work diligently with the Community Service Officers through the Police Department. She shared that the officers have done this repeatedly over the years, and they usually have ended up with good results.

• Commissioner Eckman asked if 24 hours is too long of a length of time. Ms. Frazer responded that 24 hours is reasonable in her opinion, and that if continues longer and there is a complaint, they would ask for a witness statement.

• Commissioner Weinberg asked again about parked vehicles moving from parking lot to parking lot. Mr. Paulsen shared that he expects that there are people that do this, and the officers become familiar with their vehicles would take appropriate enforcement action.

• Commissioner Eckman asked what the officers would write them up for, since the provision as written would not find them guilty of anything. Ms. Frazer stated that the officers cannot cite the individuals in the vehicle if it moves around, but the property owner would be responsible to resolve the situation. She added that vehicles on public property are handled by Community Service Officers and Code Enforcement Officers handle those on private property.

PUBLIC COMMENT: There was no public comment.

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COMMISSIONER COMMENTS:

• Commissioner Weinberg asked Officer Frazer how many times she has dealt with dead trees or maintenance of trees that citizens were unaware they were responsible for. Ms. Frazer responded that in her time with City of Loveland, with all the dead and dangerous tree cases that she has handled, both on private property and in the right-of-way, over the last 15 years, code enforcement has abated only two trees, so it has not been a dilemma.

• Commissioner Weinberg asked that if it is not a problem, why this part of the code is being changed. Ms. Fraser responded that nothing is being changed, but the language is being cleaned up so there is no confusion in Title 12.

• Commissioner Weinberg asked if tree maintenance has always been the citizen’s responsibility. Ms. Frazer responded that her office works directly with Public Works on determining if it is the City’s responsibility or the property owner’s. Mr. Paulsen added that over the years Public Works, through a tree maintenance program, has been the agency that has done maintenance and removal of dead or dangerous street trees in the right-of-way. The funding for that program is now gone. He shared that there has been some question based on City code who is responsible for maintenance and removal of trees; the City Engineer with Public Works has made it clear that it should be the abutting property owner’s responsibility, just as it is for other vegetation, sidewalks, curbs and gutters. If Public Works restores this program with funding, they would most likely take care of it, but they would rely on the property owner to remedy a situation if the funding is exhausted. Ms. Frazer added that in such cases the property owner is not held to a strict deadline. Medical and financial hardships are taken into consideration when establishing a timeline and code enforcement will work with the property owner to bring them into compliance.

• Commissioner Weinberg stated that he understands an extension of a timeline due to hardship is very fair and very good, but if within that time period the tree falls on someone, there is a big problem. Officer Frazer shared that the officers have their limitations, but they do their best.

• Commissioner Eckman stated that in some municipalities, the City takes care of their trees; but here, it appears we are asking the adjacent property owner to take care of the City’s trees, which seems heavy handed. He added that, regarding section 16.28.30, anyone could drive around and file a complaint and ask that this section be enforced, which could give code enforcement a long worklist. Mr. Paulsen stated there is nothing that would prevent a long worklist; but the officers would work with the property owner, as well as a contracted arborist who would also assess the tree, and all would decide on an appropriate solution. When the City budget changes over time, a tree maintenance program could be re-instituted; but the City Engineer believes that without that program, ultimately the property owner must bear that responsibility.

• Commissioner Weinberg asked if staff knows of any other surrounding cities that enforces the trees as the responsibility of the citizens. Mr. Paulsen responded that staff has not researched that issue specifically. He is familiar with a program that the City of Fort Collins has for dangerous trees in which they provide maintenance and replacement if the trees are in the right-of-way.

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Commissioner McFall closed the public hearing at 9:15 p.m.

MOTION:

Commissioner Devlin moved to recommend approval to the City Council of amendments to the Loveland Municipal Code as provided in the draft ordinance entitled, “An Ordinance Amending Certain Sections of Titles 5, 7 and 12 of the Loveland Municipal Code and Adopting a New Title 16 – Nuisances”, as presented to the Planning Commission on July 27, 2020, as amended on the record.

COMMISSIONER DISCUSSION:

• Commissioner Weinberg shared that he is not in support of the amendment just because of the tree issue. He shared that everything else has been ironed out for hours on end with public comment. He added that it is a disservice to the citizens of Loveland; and because the City doesn’t have the money to pay for it, so it is being thrown on the citizens.

• Commissioner Eckman shared that Commissioner Weinberg is quite

persuasive and that he may vote the same.

• Commissioner Hovland stated that he has listened to Commissioner Weinberg’s comments and where he came from in South Dakota, if a citizen had to remove a tree because it was destroyed, it might put a financial hardship on them. He shared that he struggles with the tree removal issue and may vote “no” with Commissioner Weinberg.

• Commissioner Tygesen shared that unfortunately after listening to Commissioner Weinberg, she is leaning towards voting against.

• Commissioner Devlin stated that he understands this point of view and the issue of putting the burden on the property owner. He suggested amending that portion of the motion, and recommended working with Commissioners Weinberg and Eckman to make those changes.

• Commissioner Fleischer shared that he agreed with Commissioner Devlin regarding an amendment to the motion.

• Commissioner McFall shared that he understands Loveland has not had a sales tax increase in years and there will be many municipalities that will need to reconsider budgets. He added that just because the City of Fort Collins had the money to take care of trees yesterday, they may not have it tomorrow. He stated if he plants a tree in his yard, he understands it is his responsibility; he struggles with being responsible for a tree that he didn’t plant and is not on his property.

The motion failed unanimously.

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This item will be revisited at the Planning Commission study session on August 10, 2020. ADJOURNMENT: Commissioner Weinberg made a motion to adjourn; with a second made by Commissioner Hovland, the motion was unanimously approved. Commissioner McFall adjourned the meeting at 9:35 p.m. Approved by: Patrick McFall, Planning Commission Chair Lisa Rye, Planning Commission Secretary

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1 AGENDA ITEM 1 - MEMORANDUM AUGUST 24, 2020

MEMORANDUM

HEARING DATE: August 24, 2020

TO: Planning CommissionFROM: Troy Bliss, Senior PlannerRE: Annexation Agreement Amendment – Kangaroo RV & Boat Storage

I. SUMMARY

Kangaroo RV & Boat Storage is an outdoor storage facility located south of 14th Street SE (Highway 402) and west of S. Lincoln Avenue (Highway 287) in Loveland. This facility has been operating for approximately 8 years, shortly after being annexed into the City in 2011. The property was undeveloped prior to being annexed. Annexation was sought for the intent of developing an outdoor storage facility. However, the City’s Comprehensive Plan (at the time and currently) envisions the southwest corner of 14th Street SE and S. Lincoln Avenue (extending west to approximately Valency Avenue and south to 19th Street SE) as a Community Activity Center (CAC). The outdoor storage facility is not compatible with CAC because it is not a retail, hospitality, or employment type use which are the identified non-residential uses under this land use designation.

The Comprehensive Plan had a big role in shaping the annexation agreement for Kangaroo RV & Boat Storage. City Council was very interested in incorporating the property into City limits. However, with the knowledge that the intended use was for an outdoor storage facility, there were concerns in maintaining the Comprehensive Plan vision, especially if surrounding properties were to annex and redevelop. Most of the area surrounding Kangaroo RV & Boat Storage includes unincorporated Larimer County land, used in similar fashion to an outdoor storage facility. Properties directly north and south include outdoor storage, self-storage, and garden center/nursery uses. These uses have been occurring before Kangaroo RV & Boat Storage was established.

Approval of the Kangaroo Addition included a B – Developing Business zoning which under the previous ordinance allowed outdoor storage through Special Review approval only. However, City Council wanted further restrictions beyond zoning associated with the outdoor storage facility which resulted in annexation agreement provisions that further limited the use as follows:

The outdoor storage facility is considered a temporary use, valid for a period of twenty (20) years (expires October 28, 2031);

The outdoor storage facility cannot continue if a voluntary or involuntary transfer of ownership or sale occurs, and;

The outdoor storage facility cannot continue if the managing member of the Developer (i.e. Robert Paterson) changes.

CURRENT PLANNING DIVISION410 E. 5th Street | Loveland, CO 80537 | 970-962-2523

[email protected] | cityofloveland.org/DC

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These components of the annexation agreement are the reasons for requesting an amendment. Particularly, the impact on use relative to change in ownership. Other provisions provided in the proposed draft amendment from the applicant include adjustments that have been completed or satisfied based on establishment of the outdoor storage facility. Information provided as Attachment 1, is only a draft and will be reformatted and edited based upon the recommendation of the Planning Commission prior to presenting to City Council for consideration. As part of the request, the applicant has suggested consideration for allowing the outdoor storage use indefinitely until such time the property redevelops. This is of particular note for discussion and input from the Planning Commission during the August 24, 2020, public hearing. City staff is not in alignment with allowing the use for an indefinite period of time because of the Comprehensive Plan and the action that City Council took in 2011. The recommendation from City staff is to extend the use another twenty (20) years to the original agreement. Thirty (30) years from now is a long time in which land use patterns could likely change. In the event not much change has occurred by 2051, another amendment to the annexation agreement can be considered, if needed.

II. MOTION

Move to recommend approval to the City Council on amendments to the Annexation Agreement Pertaining to the Kangaroo Addition to the City of Loveland, Larimer County, Colorado, as presented to the Planning Commission on August 24, 2020, subject to the condition recommended by City staff and as amended on the record.

III. ATTACHMENTS

1. Applicant Draft Amendment to Annexation Agreement

2. Recorded Kangaroo Addition Annexation Agreement (12/01/2011)3. Community Participation Report (provided by applicant)

IV. ANALYSIS AND RECOMMENDATION

Section 18.17.01.07 of the Unified Development Code (UDC) sets forth the review procedures and approval standards for amendments to annexation agreements. This follows the City’s general review procedures outlined in Chapter 18.14 of the UDC. There are no specific findings associated with amending an annexation agreement. In formulating a recommendation to present to both Planning Commission and City Council, City staff has provided an analysis based on adopted plans including both the Comprehensive Plan and Highway 287 Corridor Plan as well as a perspective from Economic Development.

Comprehensive Plan

The property has a land use designation per the City’s Comprehensive Plan of Community Activity Center (CAC). This land use designation is predominantly intended for commercial development (i.e. medium/large format retail, entertainment uses such as theaters, and hospitality uses such as hotels). Ancillary uses such as professional office and medical facilities are also targeted under this land use designation. The CAC designation is not intended to include any mixture of industrial land use. Outdoor storage facilities fall under an industrial land use classification per the UDC.

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Highway 287 Corridor Plan

Location of the site related to the corridor plan falls within the southern most study area known as Zone 5. The plan identifies challenges in achieving retail/service type uses in this general area of Loveland. Some of the key challenges are: 1) more land is commercially zoned than can be supported by the market; 2) the lack of infrastructure and public improvements such as sidewalks and bikepaths limit the interest in commercial redevelopment, and 3) annexing County parcels is necessary in being able to achieve a cohesive land use plan. Until these and other contributing factors change, the nature of this corridor section will likely remain as it exists today.

Kangaroo RV & Boat

Storage

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Economic Development

Input from the City’s Economic Development Department provided further insight for consideration in amending the annexation agreement. Uses such as the Kangaroo RV & Boat Storage offer benefits to communities, based upon a needed service for storing recreational vehicles rather than becoming dispersed throughout residential subdivisions. Such uses are also “low impact” in terms of land disturbance/development, making them attractive for future redevelopment opportunities and potential land assemblage. Additionally, limiting the use to the current owner can lower the marketability of the property. The existing use has value, compared to just sitting vacant. A potential buyer may be very interested in continuing the use until such time that land use entitlements for another use and/or the ability to assemble other properties for a more cohesive redevelopment are secured. For approximately ten (10) years, the Kangaroo Addition has been the only property to seek annexation in this general area of Loveland. And, surrounding properties have not changed in terms of use for even a longer period of time. Given the circumstances, allowing a successful business the ability to continue operating for a longer period of time is not viewed as an obstacle to fulfilling the vision of the City’s Comprehensive Plan in the future.

Public Notice and Outreach

A virtual neighborhood meeting was held on August 11, 2020. Property owners within a 500 foot radius of the site were notified through mailed notice. A sign was posted on the site and information provided on the City’s website in advance of the meeting. No input was provided at the neighborhood meeting or received prior to. The Planning Commission hearing on August 24, 2020 has also been noticed. At the time this memorandum was prepared, no input from the public has been received.

City Staff Recommendation

In consideration of the proposed annexation agreement amendment and based upon review of the applicable City adopted plans and other resources, City staff is recommending conditional approval. The recommended condition is as follows:

1. The City approved temporary outdoor vehicle storage use (the “Permitted Use”) may continue for an additional period of twenty (20) years beyond the original agreement dated October 28, 2011, so long as the Owner does not violate this Agreement or, without first obtaining formal City approval, expands or changes the Use beyond what is permitted by this Agreement. The use shall terminate on October 28, 2051. Upon termination of the use, all stored items shall be removed from the Property, including, without limitation, all vehicles, motor vehicles, recreational vehicles, boats and trailers.

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1

LSJ proposed edits 022520Proposed Edits Revised 07152020

AMENDED AND RESTATED ANNEXATION AGREEMENTPERTAINING TO THE

KANGAROO ADDITIONTO THE CITY OF LOVELAND, LARIMER COUNTY, COLORADO

THIS AMENDED AND RESTATED ANNEXATION AGREEMENT (the "Agreement") isentered into this ____ day of ____________, 2020; by and between Kangaroo RV & BoatStorage, LLC, a Colorado limited liability company, (the "Developer"); and the CITY OFLOVELAND, COLORADO, a home rule municipality (the "City").

RECITALS

WHEREAS, the Developer owns approximately 10.58 acres of real property located inLarimer County, Colorado, commonly known as 1531 South Lincoln Avenue, Loveland,Colorado 80537 (the “Property”) and more particularly described as follows:

LOT 1,BLOCK 1,KANGAROO ADDITION, FIRST SUBDIVISION,CITY OF LOVELAND,COUNTY OF LARIMER,STATE OF COLORADO;

WHEREAS, the Developer previously requested that the City annex and zone saidProperty to allow for the coordinated development of the Property to the benefit of the parties,including the City;

WHEREAS, the City is unable to annex the Property under the terms of this Agreementwithout the consent of the Developer;

WHEREAS, the City and the Developer entered into an Annexation AgreementPertaining to the Kangaroo Addition to the City of Loveland, Larimer County, Colorado datedOctober 28, 2011, and recorded on December 1, 2011 at Reception # 20110073980 in therecords of the Clerk and Recorder of Larimer County;

WHEREAS, the Developer has operated the Property successfully, and has compliedwith the terms of the Annexation Agreement since October 28, 2011;

WHERAS, certain conditions have changed during the Developer’s operation of theProperty; and

WHEREAS, the Developer and the City believe it appropriate to amend and restate theAnnexation Agreement by this Agreement.

ATTACHMENT 1 of 86

2

NOW, THEREFORE, in consideration of the premises and the mutual covenantscontained herein, the parties agree as follows:

AGREEMENT

Consent to Annexation. Developer petitioned for the annexation of the Property. The1,Developer hereby consents to the annexation of the Property subject to the terms of thePetition for Annexation dated March 13, 2009, previously filed with the City Clerk, and thisAgreement,

Terms of Annexation. The Developer requested allowance for temporary outdoor vehicle2.storage use on the Property in the B - Developing Business Zoning District, and has operatedthe Property in such manner since October 28, 2011. Such use is only allowed as a use byspecial review in the B - Developing Business zone. However, City Council allowed suchuse as a temporary use by right under the following conditions;

A. CURRENT PLANNINGi. Developer submitted and the City approved Developer’s simple plat or minor

subdivision application prior to the Developer’s commencing any grading orconstruction on the Property to establish an outdoor vehicle storage use on the Property,

ii. The City allowed temporary outdoor vehicle storage use (the “Permitted Use”) uponannexation and zoning of the Property in compliance with the Special Review MasterSketch Plan and detailed site planeplan approved by City Council, The Permitted Useshall continue so long as the Developer does not violate this Agreement or, withoutfirst obtaining formal City approval, expands or changes such Permitted Use beyondthe what is permitted by this Agreement. Upon termination of the use, all stored itemsshall be removed from the Property, including, without limitation, all vehicles, motorvehicles, recreational vehicles, boats and trailers.;

iii. Prior to any additional grading or construction on the Property to establish anbuildii.additional outdoor vehicle storage use on the Property, the Developer shall submit forthe City's review and approval, Public Improvement Construction Drawings and aFinal Drainage & Erosion Control Report, All public improvements shall be installedby the Developer at its cost and the City will accept dedication of such publicimprovements in accordance with its policies and standards,;

The temporary outdoor vehicle storage use shall continue to be limited to only thev.storage of vehicles, recreation vehicles, boats, trailers, campers, all-terrain vehicles,and motorcycles,. The storage of heavy equipment, including construction and farmmachinery, construction trailers, mobile homes, storage pods, construction materials,and all other items which are identified in City Code Section 18,04,211 as itemsstored in a "junkyard", shall be prohibited,

No additional temporary structures including, but not limited to, sales trailers orvi.

mobile homes and permanent buildings/structures shall be allowed on the Propertyunless approved by City Council through an amendment to the Special ReviewMaster Sketch Plan.

ATTACHMENT 1 of 86

3

Prior to any additional grading or construction on the Property, except forvii.maintenance of the existing grading and structures, the Developer shall submit to theCity for its review and approval, a detailed site plan of any proposed outdoor lightingto be used in conjunction with the outdoor vehicle storage use, and such lighting shallbe in conformance with City standards.

Prior to any additional grading or construction on the Property , except forviii.maintenance of the existing grading and structures, the Developer shall submit to theCity for its review and approval, a detailed site plan for perimeter landscape bufferingand screening, including plant species and fencing details, which landscape bufferingand screening shall be in conformance with City standards.

Prior to any additional grading or construction on the Property, except forix.maintenance of the existing grading and structures, the Developer shall submit to theCity for its review and approval, a detailed site plan for on-site vehicular circulation,including drive aisle widths, turning radius, pavement/surfacing and emergencyaccess, which vehicular circulation shall be in conformance with City standards.

<

B, TRANSPORTATIONAll future development on the Property shall comply with the Larimer County Urbani.Area Street Standards (LCUASS) and the 2030 Transportation Plan and any updates toeither in effect at the time of a site specific development, subdivision and/or a buildingpermit application, Any and all variances from these standards and plans requirespecific written approval by the City Engineer.

The Developer acquired and dedicated, at no cost to the City, the off-site right-of-wayii.necessary for mitigation improvements and for any future improvements under theCity's 2030 Transportation Plan, and any amendments thereto, that directly serve theProperty. Prior to the approval of any additional site specific development application,subdivision and/or a building permit application for this Property, the Developer shallsubmit documentation satisfactory to the City, establishing the Developer'sunrestricted ability to acquire and dedicate sufficient public right-of-way for theconstruction and maintenance of any required street improvements to both adjacentand off-site streets.

Notwithstanding any conceptual information presented in the Annexation/Zoningiii.submittal, street layouts, street alignments, access locations, turning movements,intersection configurations and intersection operations (traffic controls) on theProperty shall be determined by the City Engineer at the time of application of a sitespecific development, subdivision and/or a building permit application,

The City and the Colorado Department of Transportation (CDOT) reserve the right toiv.

restrict turning movements at any time for the Property's existing access onto US 287.

Prior to the issuance of any additional building permits for the Property, the Developerv.

shall provide the City with a copy of the approved CDOT access permit for anyproposed access to US 287,

ATTACHMENT 1 of 86

4

Prior to the issuance of any additional permits (right-of-way work permit, CDOTvi.access permit, or building permit) upon the Property the Developer shall complete andreceive approval from the City and CDOT on their Final Public ImprovementConstruction Plans, •

The Developer has complied with its obligation to design and construct, to thevii.satisfaction of the City, a paved access drive from US 287 to the proposed entrancecontrol gate location upon the Property.

C. POWERThe Developer has complied with all requirements to obtain, and has obtained specificielectric service, metering and CT requirements and locations.

Any costs associated with the relocation, raising or lowering of existing undergroundiiand overhead electric lines and facilities on the Property shall be the responsibility ofthe Developer,

3. Waiver of Damages. In the future, the Developer may be granted vested property rightsassociated with the approval of a site specific development plan within the Property. In theevent that such vested property rights are granted, and the City applies an initiated or referredmeasure to the Property which would (a) change any term of this Agreement, (b) impose amoratorium on development within the Property, or otherwise materially delay thedevelopment of the Property, or (c) limit the number of building or utility permits to whichthe Developer would otherwise be entitled, the Developer agrees to waive any right todamages against the City to which Developer might otherwise be entitled to under theColorado Vested Rights Act or in equity or law.

Incorporation. The terms of this Agreement shall be deemed to be incorporated into the ,4.

Developer's Petition for Annexation of the Property dated March 13, 2009 and previouslyfiled with the City Clerk.

Integration and Amendment. This Agreement represents the entire Agreement between the5.parties with respect to the Property and supersedes all prior written or oral agreements orunderstandings with regard to the obligations of the parties with regard to the Property. Ifconflicts between the Annexation Conditions listed in the Staff Report for City Council onSeptember 15, 2009, as supplemented by the Staff Report for City Council on _______ __,2020, and the terms and conditions of this Agreement occur, this Agreement shall prevail.This Agreement may only be amended by written agreement signed by the Developer and theCity. Only the City Council shall have authority to approve an amendment to thisAgreement,

Remedies. In the event that a party breaches its obligations under this Agreement, the injured6.party shall be entitled only to equitable relief, including specific performance, and such otherequitable remedies as may be available under applicable law. In the event of litigationrelating to or arising out of this Agreement, the prevailing party, whether plaintiff or

ATTACHMENT 1 of 86

5

defendant, shall be entitled to recover costs and reasonable attorneys' fees. Notwithstandingthe foregoing, the City may enforce the zoning provisions of this Agreement as a MunicipalCode violation to be enforced by the City through the Loveland Municipal Court and suchviolations shall be subject to the penalty provisions then in effect as set forth in the LovelandMunicipal Code. Any such enforcement of the zoning code provisions of this Agreementshall not give rise to any claim for monetary damages and the City shall not be liable to paysuch damages,

Effective Date. This Agreement shall become effective on the date that it has been executed7.

by both parties,

Binding Effect and Recordation. The promises made in this Agreement by the Developer8.shall be deemed to have been made by any corporation or other business affiliated withDeveloper that acquires ownership or possession of all or any portion of the Property, Theparties agree that the City shall record this Agreement with the Larimer County Clerk andRecorder at the Developer's expense. It is the intent of the parties that their respective rightsand obligations set forth in this Agreement shall constitute covenants and equitableservitudes that run with the Property and shall benefit and burden any and all successors andassigns to the parties. The Final Annexation Map for the Property shall be recorded by theCity, at the Developer's expense, within sixty (60) days of final adoption of the ordinanceannexing the Property, and such Map shall contain a note that the Property is subject to thisAgreement, The Developer agrees to all promises made by the Developer in this Agreement,which shall constitute covenants arid equitable servitudes that run with the Property,

Notices. Whenever notice is required or permitted hereunder from one party to the other,9.

the same shall be in writing and shall be given effect by hand delivery, or by mailing same bycertified, return receipt requested mail, with a copy by first class mail, to the party for whomit is intended, Notices to any of the parties shall be addressed as follows:

To City: City ClerkCity of Loveland500 E. Third StreetLoveland, CO 80537

To Developer: Kangaroo RV & Boat Storage, LLCAttn: Steven P. Levine and Marc P. LEvine6795 EastTennessee Ave., Suite 404B .Denver, CO 80224

A party may at any time designate a different person or address for the purposes of receivingnotice by so informing the other party in writing. Notice by certified, return receipt requestedmail shall be deemed effective as of the date it is deposited in the United States mail.

Waiver. No waiver by the City or Developer of any term of this Agreement shall be deemed10.to be or construed as a waiver of any other term or condition, nor shall a waiver of any breachbe deemed to constitute a waiver of any subsequent breach of the same provision of thisAgreement.

ATTACHMENT 1 of 86

6

Applicable Law/SeverabilitvSeverability. This Agreement shall be construed in accordance11.with the laws of the State of Colorado, The parties to this Agreement recognize that there arelegal restraints imposed upon the City by the constitution, statutes and laws of the State ofColorado, and that, subject to such restraints, the parties intend to carry out the terms andconditions of this Agreement. Whenever possible, each provision of this Agreement shall beinterpreted in such a manner as to be effective and valid under applicable law, but if anyprovision of this Agreement or any application thereof to a particular situation shall be heldinvalid by a court of competent jurisdiction, such provision or application thereof shall beineffective only to the extent of such invalidity without invalidating the remainder of suchprovision or any other provision of this Agreement, Provided, however, if any obligation ofthis Agreement is declared invalid, the party deprived of the benefit thereof, shall be entitledto an equitable adjustment in its corresponding obligations and/or benefits and, in that event,the parties agree to negotiate in good faith to accomplish such equitable adjustment.

Paragraph and Section Headings. Paragraph and section headings in this Agreement are for12.convenience of reference only and are not to be construed as a part of this Agreement or inany way limiting or amplifying the provisions hereof.

Time is of the Essence. Time shall be of the essence with respect to each and every term,13.covenant, condition and provision of this Agreement. '

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as ofthe date first written above.

ATTACHMENT 1 of 86

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Document 1 IDfile://S:\clients\Levine, Steven - 5869\Sale of Kangaroo V.30\Annexation Agreement\Loveland AnnexationAgreement (LSJ cln 022520).docx

Description Loveland Annexation Agreement (LSJ cln 022520)

Document 2 IDfile://S:\clients\Levine, Steven - 5869\Sale of Kangaroo V.30\Annexation Agreement\Loveland AnnexationAgreement (rev 071520).docx

Description Loveland Annexation Agreement (rev 071520)

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ATTACHMENT 1 of 86

RECEPTION*: 20110073980, 12/01/2011 at 01:25:35 PM, 1 OF 8, R $46.00 TD Pgs: 0 Scott Doyle, Larimer County, CO

ANNEXATION AGREEMENT PERTAINING TO THE

KANGAROO ADDITION TO THE CITY OF LOVELAND, LARIMER COUNTY, COLORADO

THIS ANNEXATION AGREEMENT (the "Agreement") is entered into this day of Oc:T-oB.iSf\. , 2-0097 by and between Kangaroo RV & Boat Storage, LLC, a

Colorado Limited Liability Corporation, (the "Developer"); and the CITY OF LOVELAND, COLORADO, a home rule municipality (the "City").

RECITALS

WFIEREAS, the Developer owns approximately 10,58 acres of real property located in Larimer County, Colorado, more particularly described in Attachment 1 attached hereto, but not including any existing public streets and highways which may be included in said description, which description, by this reference, is incorporated herein and designated as "the Property";

WHEREAS, the Developer is requesting that the City annex and zone said Property to allow for the coordinated development of the Property to the benefit of the parties, including the City; and

WHEREAS, the City is unable to annex the Property under the terms of this Agi-eement without the consent of the Developer,

NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree as Ibllows:

AGREEMENT

1. Consent to annexation. Developer has petitioned for the annexation of the Property. The Developer hereby consents to the annexation of the Property subject to the terms of the Petition for Annexation dated March 13, 2009, previously filed with the City Clerk, and this Agreement.

2, Terms of annexation. The Developer has requested allowance for temporary outdoor vehicle storage use on the Property in the B - Developing Business Zoning District. Such use is only allowed as a use by special review in the B - Developing Business zone. However, City Council is willing to allow such use as a temporeuy use by right under the following conditions:

ATTACHMENT 2 of 86

A. CURRENT PLANNING i . Prior to commencing any grading or construction on the Property to establish an

outdoor vehicle storage use on the Property, the Developer shall submit a simple plat or minor subdivision application to the City to review for conformance with all of the City's applicable subdivision and development standards,

ii . The temporary outdoor vehicle storage use shall be allowed upon annexation and zoning of the Property in compliance with the Special Review Master Sketch Plan approved by City Council. Prior to establishing an outdoor vehicle storage use on the Property, a detailed site plan must be provided to the City for review and approval prior to commencement of any grading or construction,

iii. The Developer, as a Colorado limited Hability company, is comprised of a number of members, with Robert Paterson as the sole managing member. The Developer agrees to send written notice to the City within twenty (20) days of any sale or transfer of Robert Paterson's membership interest, whether voluntary or involuntary and of any sale or transfer of the Property, This temporary outdoor vehicle storage use shall be valid for a period of twenty (20) years, beginning on Ocsropj-i L*P, t-isi ,-3069: The use shall terminate upon the happening of any of the following events, whichever shall first occur:

a. Expiration of the Agreement on QaTn iMSf £Q Bo Al ,- •02-9; b, Voluntary or involuntary transfer of ownership of tlie Property; c. Voluntary or involuntaiy transfer or 'sale of Robert Paterson's membership

interest in the Developer; d, Chauge of the managing member of the Developer to any person or entity

other than Robert Paterson.

Upon termination of the use, all stored items shall be removed fi*om the Property, inclu-ding, without limitation, all vehicles, motor vehicles, recreational vehicles, boats and trailers. If prior to the tennination of the use, any new owner of the Property or the Developer wishes to continue using the Property for outdoor vehicle storage use beyond such termination, the new owner of the Property or the Developer may file with the City an appUcation for special review requesting continuation of said use, In such instance, such use shall not be allowed to continue beyond the applicable termination date unless the special review application is approved in accordance with then-existing City standards, procediu-es and applicable code provisions,

iv. Prior to any grading or constraction on the Property to establish an outdoor vehicle storage use on the Property, the Developer shall submit for the City's review and approval. Public Improvement Construction Drawings and a Final Drainage & Erosion Control Report, All public improvements shall be installed by the Developer at its cost and the City will accept dedication of such public improvements in accordance with its policies and standards,

ATTACHMENT 2 of 86

V. The temporary outdoor vehicle storage use shall be limited to only the storage of vehicles, recreation vehicles, boats, trailers, campers, all terrain vehicles, and motorcycles. The storage of heavy equipment, including construction and farm machinery, construction trailers, mobile homes, storage pods, construction materials, and all other items which are identified in City Code Section 18,04,211 as items stored in a "junlcyard", shall be prohibited.

vi. No temporary stmctures including, hut not limited to, sales trailers or mobile homes and permanent buildings/stmctures shall be allowed on the Property unless approved by City Council through an amendment to the Special Review Master Sketch Plan,

vii. Prior to any grading or construction on the Property, the Developer shall submit to the City for its review and approval, a detailed site plan of any proposed outdoor lighting to be used in conjunction with the outdoor vehicle storage use, and such lighting shall be in conformance with City standards,

viii. Prior to any grading or construction on the Property, the Developer shall submit to the City for its review and approval, a detailed site plan for perimeter landscape buffering and screening, including plant species and fencing details, which landscape buffering and screening shall be in conformance with City standards,

ix. Prior to any grading or construction on the Property, the Developer shall submit to the City for its review and approval, a detailed site plan for on-site vehicular circulation, including drive aisle widths, turning radius, pavement/surfacing and emergency access, which vehicular circulation shall be in conformance with City standards.

B. TRANSPORTATION i . All future development on the Property shall comply with the Larimer County

Urban Area Street Standards (LCUASS) and the 2030 Transpoi-tation Plan and any updates to either in effect at the time of a site specific development, subdivision and/or a building permit application. Any and all variances from these standards and plans require specific written approval by the City Engineer,

ii . The Developer agrees to acquire and dedicate, at no cost to the City, any off-site right-of-way necessary for mitigation improvements and for any future improvements under the City's 2030 Transportation Plan, and any amendments thereto, that will directly serve the Property, Prior to the approval of a site specific development application, subdivision and/or a building permit application for this Property, the Developer shall submit documentation satisfactory to the City, establishing the Developer's unrestricted ability to acquire and dedicate sufficient public right-of-way for tiie construction and maintenance of any required street improvements to both adjacent and off-site streets.

ATTACHMENT 2 of 86

ui, Notwithstanding any conceptual information presented in the Annexation/Zoning submittal, street layouts, street alignments, access locations, turning movements, intersection configurations and intersection operations (traffic controls) on the Property shall be detemined by the City Engineer at the time of application of a site specific development, subdivision and/or a building permit application.

iv. The City and the Colorado Department of Transportation (CDOT) reserve the right to restrict turning movements at anytime for the Property's existing access onto US 287,

V, Prior to the issuance of any building permits for the Property, the Developer shall provide the City with a copy of the approved CDOT access permit for any proposed access to US 287.

vi. Prior to the issuance of any permits (right-of-way work permit, CDOT access permit, or building permit) upon the Property the Developer shall complete and receive approval from the City and CDOT on their Final Public Improvement Construction Plans,

vii. Prior to the issuance of any building permits for the property, the Developer shall design and construct, to the satisfaction of the City, a paved access drive from US 287 to the proposed entrance control gate location upon the Property. This paved access drive shall be paved with either hot mixed asphalt or concrete pavement and the entrance control gate shall be located at least 100 feet beyond the adjacent right-of-way line of US 287.

C. POWER i . Prior to designing the electrical system for the Property and prior to submitting an

application for an electrical permit, Developer must contact the City at 962-3586 for specific electric service, metering and CT requirements and locations, CT and PT's will not be allowed in the transformer and the meter will not be attached to the transformer.

ii . Any costs associated with the relocation, raising or lowering of existing underground and overhead electric lines and facilities on the Property shall be the responsibility of the Developer.

3. Waiver of Damages, In the future, the Developer may be granted vested property rights associated with the approval of a site specific development plan within the Property. In the event that such vested property rights are granted, and the City applies an initiated or referred measure to the property which would (a) change any tenn of this Agreement, (b) impose a moratorium on development within the Property, or othei-wise materially delay the development of the Property, or (c) limit the number of building or utility permits to which the Developer would otherwise be entitled, the Developer agrees to waive any right to

ATTACHMENT 2 of 86

damages against the City to which Developer might otherwise be entitled to under the Colorado Vested Rights Act or in equity or law,

4. Incorporation, The tenns of this Agreement shall be deemed to be incorporated into the Developer's Petition for Annexation of the Property dated March 13, 2009 and previously filed with the City Clerk,

5. Integration and Amendment, This Agreement represents the entire Agreement between the parties with respect to the Property and supersedes all prior written or oral agreements or understandings with regard to the obligations of the parties with regard to the Property, If conflicts between the Annexation Conditions listed in the Staff Report for City Council on September 15, 2009, and the terms and conditions of this Annexation Agreement occur, this Annexation Agreement shall prevail. This Agreement may only be amended by written agreement signed by the Developer and the City. Only the City Council shall have authority to amend this Agreement,

6. Remedies. In the event that a party breaches its obligations under this Agreement, the injured party shall be entitled only to equitable relief, including specific performance, and such other equitable remedies as may be available under applicable law. In the event of litigation relating to or arising out of this Agreement, the prevaiUng party, whether plaintiff or defendant, shall be entitied to recover costs and reasonable attorneys' fees. Notwithstanding the foregoing, the City may enforce the zoning provisions of this Agreement as a Municipal Code violation to be enforced by the City through the Loveland Municipal Court and such violations shall be subject to the penalty provisions then in effect as set forth in the Loveland Municipal Code, Any such enforcement of the zoning code provisions of this Agreement shall not give rise to any claim for monetary damages and the City shall not be liable to pay such damages,

7. Effective Date, This Agreement shall become effective on the date that it has been executed by both parties,

8. Binding Effect and Recordation. The promises made in this Agreement by the Developer shall be deemed to have been made by any corporation or other business affiliated with Developer that acquires ownership or possession of all or any portion of the Property, The parties agree that the City shall record this Agreement with the Larimer County Clerk and Recorder at the Developer's expense. It is the intent of the parties that their respective rights and obligations set forth in this Agreement shall constitute covenants and equitable servitudes that run with the Property and shall benefit and burden any and all successors and assigns to the parties. The Final Annexation Map for the Property shall be recorded by the City, at the Developer's expense, within sixty (60) days of final adoption of the ordinance annexing the Property, and such Map shall contain a note that the Property is subject to this Agreement, The Developer agrees to all promises made by the Developer in this Agi-eement, which shall constitute covenants aiid equitable servitudes that vm with the Property,

9. Notices. Whenever notice is required or permitted hereunder from one party to the other, the same shall be in writing and shall be given effect by hand delivery, or by mailing same by

ATTACHMENT 2 of 86

certified, return receipt requested mail, to the party for whom it is intended, Notices to any of the parties shall be addressed as follows:

/ To City: City Clerk City of Loveland 500 E. Third Street Loveland, CO 80537

To Developer: Kangaroo RV & Boat Storage, LLC Attn; Robert Paterson 375 Ute Pass Drive Livermore, CO 80536

A party may at any time designate a different person or address for the purposes of receiving notice by so informing the other party in writing, Notice by certified, return receipt requested mail shall be deemed effective as of the date it is deposited in the United States mail,

10, Waiver, No waiver by the City or Developer of any term of this Agreement shall be deemed to be or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach of the same provision of this Agreement,

11, Applicable Law/Severabilitv, This Agreement shall be construed in accordance with the laws of the State of Colorado, The parties to this Agreement recognize that there are legal restraints imposed upon the City by the constitution, statutes and laws of the State of Colorado, and that, subject to such restraints, the parties intend to cany out the terms and conditions of this Agreement, Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement or any application thereof to a particular situation shall be held invalid by a court of competent jurisdiction, such provision or application thereof shall be ineffective only to the extent of such invalidity without invalidating the remainder of such provision or any other provision of this Agreement. Provided, however, if any obligation of this Agreement is declared invalid, the party deprived of the benefit thereof, shall be entitied to an equitable adjustment in its corresponding obligations and/or benefits and, in that event, the parties agree to negotiate in good faith to accomplish such equitable adjustment,

12. Paragraph and Section Headings, Paragraph and section headings in this Agreement are for convenience of reference only and are not to be construed as a part of this Agreement or in any way limiting or amplifying the provisions hereof

13. Time is of the Essence, Time shall be of the essence with respect to each and every term, covenant, condition and provision of this Agreement

IN WITNESS WFIEREOF, the parties have caused this Agreement to be executed as of the date first written above.

ATTACHMENT 2 of 86

/isV" -f^-.

ATTEST:

City Clerk

APPROVED AS TO SUBSTANCE:

I fSEAL! I Cv;; - ' " ^ / THE CITY OF LOVELAND, COLORADO

f M ^ ^ By: ^ / ^ ^ ^ •Do-n-P -Wi-UiiimsrCit-y-M-aflager

SemcesrDirector Greg Ge05^^I|ev- l0^ent SemcesHDirector

APPROVED AS TO FORM:

City Attorney

DEVELOPER: Kangaroo RV & Boat Storage, LLC

By:. Robert Paterson, its ^0i^f^^^.<^ ^ A^x^^/^^

STATE OF Qs-td-iadj))

OP County of-y(AAM^7\JLLJ )

The foregoing Agi'cement was executed before me this M ^ a y of lydL, , 2 09 by

(Developer)

WITNESS my hand and official seal.

My commission expires / O - 1 ~ I ^ .

SEAL

Notary Public

ATTACHMENT 2 of 86

8

ATTACHMENT 1 (legal description)

THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 69 WEST OF THE 6TH P,M,, LARIMER COU>{TY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE ALONG THE SOUTH LINE OF THE SOUTH HALF OF THE NORTHWEST OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25, NORTH 89°5rir ' EAST634,37 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 00°08'49" WEST 510,38 FEET; THENCE NORTH 89°51'11" EAST 85,66 FEET; THENCE NORTH 00°09'02" WEST 95,99 FEET; THENCE NORTH 89°50'58" EAST 544.4 FEET, MORE OR LESS, TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF U,S, HIGHWAY NO. 287; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 01°16'58" EAST 54,02 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE ALONG SAID NORTH LINE SOUTH 89°50'58" WEST 1264,18 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25; THENCE ALONG THE WEST LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25 SOUTH 00°00'30" EAST 660,33 FEET TO THE SOUTFIWEST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND THE POINT OF BEGINNING. CONTAINING +/-10,58 ACRES,

10

ATTACHMENT 2 of 86

LOHF SHAIMAN JACOBS HYMAN & FEIGER PCATTORNEYS AT LAW

900 CHERRY TOWER950 SOUTH CHERRY STREET

DENVER, COLORADO 80246-2666FACSIMILE 303.753.9997

TELEPHONE 303.753.9000www.lohfshaiman.com

CHARLES H.JACOBSciacobs(~ Iohfshaiman .com

BY EMAIL ONLY: troy.bIiss(li.~cityolloveIand.org

August 13, 2020

City of LovelandAttention: Mr. Troy Bliss410 East 5thStreetLoveland, CO 80537

Re: Community Participation ReportApplicant: Kangaroo V RV & Boat Storage LLCProject Case No: PZ 20-00104Annexation Agreement AmendmentOur File No. 5869.30

Dear Mr. Bliss

I submit this letter as the Community Participation Report for the Neighborhood Meeting that tookplace on August 11,2020, at 5:30 p.m., by Zoom conference. The following individuals attendedthe meeting:

Amy Phillips FacilitatorTroy Bliss Loveland PlannerCharles H. Jacobs Attorney for ApplicantMarc P. Levine Applicant RepresentativeTroy Mynes Applicant Employee & Site ManagerAndy Glinsky Applicant-Invited Participant

The only other person who registered to participate in this meeting was Nancy Penny.Ms. Penny is identified on the mailing list Applicant submitted with its Certificate of Mailing thatshows her address as 363 Brittlebush Drive, Loveland, CO 80537. Ms. Penny did not attend themeeting.

Mr. Bliss opened the meeting by posting online a map showing an overhead view of Applicant’sproperty and the neighboring properties. He then described the procedures for processing thisApplication and generally outlined Applicant’s substantive requests. After Mr. Bliss’s

ATTACHMENT 3 of 86

Mr. Troy BlissRe: Community Participation Report — Kangaroo V RV & Boat StorageAugust 13, 2020Page 2

explanation, Applicant, through its counsel, supplemented Mr. Bliss’s remarks and confirmed thefollowing:

t. The relevant Annexation Agreement is dated October 28,2011.

2. The Annexation Agreement permits the use of Applicant’s property as an RV andboat storage site (the “Permitted Use”) for a period of 20 years.

3. The Annexation Agreement also contains the following two additional PermittedUse termination provisions:

a. The Permitted Use terminates ifRobert Paterson ceases to be both an Equity Ownerand Manager of the entity that owns Applicant’s property; and

b. The Permitted Use terminates upon sale of the Property.

4. Mr. Bliss stated, and Applicant’s counsel confirmed, that the AnnexationAgreement was adopted at a time when the Regional Plan for this vicinity in which Applicant’sproperty is situated contemplated commercial development, but that commercial development hasnot occurred and there are no current signs that such commercial development will occur in thefuture.

5. Applicant’s counsel explained that Applicant is requesting the following:

a. Remove any reference to Robert Paterson in the Annexation Agreement as hispersonal involvement is not relevant to the Permitted Use;

b. Remove the provision that the Permitted Use terminates upon sale of Applicant’sproperty as this provision places an unreasonable restriction on Applicant’s ability to sellits property; and

c. Modify the that the 20-year term of the Permitted Use to allow the Pennitted Useto continue for an unlimited period, so long as Applicant complies with the terms of theAnnexation Agreement, as is may be amended.

6. Mr. Bliss commented that the Planning Commission staff, and the PlanningCommission itself, may address Applicant’s request by modifying the Annexation Agreement tosuggest extending the permitted use for a specific period of time, for example an additional 20years, rather than making it perpetual. This will depend in part on considering whether theRegional Plan for Loveland is realistic in contemplating commercial development in the area.

7. Mr. Bliss also explained the remaining procedure necessary to process Applicant’srequest, which include a Planning Commission Public Hearing, presently scheduled for August

ATTACHMENT 3 of 86

Mr. Troy BlissRe: Community Participation Report Kangaroo V RV & Boat StorageAugust 13, 2020Page 3

24, 2020, at 6:30 p.m., and a City Council Hearing to take place at some currently unspecified datein September.

8. Applicant’s counsel also mentioned that Applicant has submitted a proposedAmended Annexation Agreement to reflect its requested modification, and that the Applicantacknowledges that it will have the opportunity to negotiated final language with the Loveland CityAttorney as this process moves forward.

9. After the foregoing conversations were complete, Mr. Bliss confirmed that themeeting was concluded, and the participants signed off.

Please let me know if you have any questions or need further information.

Very truly yours,

LOHF SHAIMAN ACOBS HYMAN & FEIGER PC

Iharles H. Ja.Jj’sCHJ:slfcc: Clients

ATTACHMENT 3 of 86

AGENDA ITEM: XMEETING DATE: 8/24/2020SUBMITTED BY: Nathan Alburn

STAFF TITLE: Civil Engineer I, Water Resources

Loveland Planning Commission Report

ITEM TITLE: Proposed Amendments to Title 19, Section 19.04.020 - Water rights required for development: Timing of the payment of residential water rights.

DESCRIPTION:Water Division Staff have received several requests to review and consider changing the time of dedication of raw water requirements for residential development described in the City’s current Municipal Code. The current Code requires that the residential water rights requirements be satisfied prior to the approval of the final plat. The proposed change would give applicants three different options for the timing of this water rights payment: 1) Prior to the approval of the final plat, 2) In phases of multiple lots within a development as designated in a development agreement, 3) Prior to the issuance of the building permit. Staff recommends amending the Municipal Code to allow these new options.

SUMMARY:As properties have been annexed over time into the City, various methods have been applied to determine the water rights required for development. The timing of when these water rights must be dedicated has also changed over time. For residential developments, Section 19.04.020 of Title 19 of the Municipal Code specifies the current requirement:

(Land zoned) and developed for residential uses shall not receive final approval for development, nor shall construction or development be allowed on any such land, nor shall water service be furnished to any such land, until the city has received by grant or transfer the perpetual right to use the total amount of divertible water rights for the development.

Essentially the above paragraph can be summarized as “residential water rights are due prior to the City’s approval of the final plat”. The most recent change to this section of the Code went into effect on September 17, 2019, with Ordinance 6324, where the formula was changed for residential water rights requirements calculations. The last changes addressing the timing of residential water rights to be due prior to final plat was Ordinance 5172 dated March 6, 2007 which removed the requirement of 1 acre-foot/acre for residential zoning. Some residential zonings like PUD were already excluded from this requirement.

Staff is proposing to offer three different options with certain limitations and restrictions. The options will be as follows:

A. Prior to final plat. Prior to the City’s approval of a final plat, applicant may satisfy all water rights required for the development as calculated by this section for the development shown on the plat (this is currently the only option available).

B. In phases prior to building permit. After recording of the final plat and prior to application for building permit, applicant may satisfy the water rights required for individual phases of the development as specifically designated in a development agreement. Such phases must be physically contiguous lots that will require no less than five (5) acre-feet of water rights per phase as designated in the development agreement and approved by the city. Applicant may not apply for

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a building permit for any lot within the designated phase until applicant satisfies the water rights required for the entire phase.

C. At issuance of building permit. Applicant may satisfy the water rights required for the development

by paying a cash-in-lieu fee at the time of issuance of building permit for a particular lot or lots in the development, as calculated by this section (indicating Section 19.04.020). Satisfaction of water rights at issuance of building permit may only be made by payment of cash-in-lieu of water rights based on the cash-in-lieu price in effect at the time of payment, and paid at the time of payment of all other fees associated with the issuance of such building permit.

All options would require a development agreement that clearly outlines the chosen option for satisfying the water rights requirement. Essentially, the applicant needs to either choose A, B, C, or a combination of B and C. If B or B/C combination is chosen, a water rights phasing map will be required as part of the development agreement.

A. Option A is functionally identical to current Municipal Code requirements (due prior to approval). Methods for satisfying the water rights would continue to be the same as outlined in 19.04.040 - Satisfying water rights requirements, they are as follows:

1) Existing credit on the property2) Cash-in-lieu3) Colorado-Big Thompson units4) Water Bank credits5) Native shares accepted in the Water Bank

B. Option B is new and requires that water rights phases be designated in a development agreement. Methods for satisfying the water rights will be the same as Option A.

C. Option C is new and provides the option for payment of water rights requirements on individual lots. The only methods available to satisfy the water rights required are existing credit on the property or cash-in-lieu.

Section 19.04.020.E has been added for clarification in the rare event that a water dedication is allowed to be removed from a development (whether a single lot, multiple lots, phase(s), or entire plat).

Staff recommends updating the timing of payment of residential water rights requirements to allow developers additional flexibility in satisfying the water rights requirements for residential development. The draft code changes include the three options outlined above. See Attachment A1 for the proposed redline revisions to Sections 19.04.020, and Attachment A2 for the proposed clean version.

RECOMMENDATION:Approve a motion recommending that the City Council approve the proposed revisions to Section 19.04.020 of the Loveland Municipal Code as described in the attached redline.

ATTACHMENTS: Attachment A1: Proposed redline revisions to Loveland Municipal Code Section 19.04.020Attachment A2: Proposed clean version of Loveland Municipal Code Section 19.04.020Attachment B: PowerPoint Presentation

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, Page 1 of 5

19.04.020 Water rights required for development.A. Residential development.

1. Land zoned R1e, R1, R2, R3e, or R3 after June 5, 1984 and developed for The City shall not issue a building permit for a residential uses and land zoned PUD, MAC, or E and developed for residential uses shall not receive final approval for building or development, nor shall construction or development be allowed on any such land, nor shall water service be furnished to any such land, until the city has received by grant or transfer the perpetual right to usewater bank credits or cash-in-lieu of water bank credits in the total amount of divertible water rights required for thesuch building or development, in acre feet of water, as determined by the following table:

Indoor Water Rights

Outdoor Water Rights2

RESIDENTIAL DWELLING TYPE

HomeSize Water Meter

Acre feet (AF) per dwelling unit

required x No. of

dwelling units

Acre feet (AF) per

acre required x

net lot acreage

Acre feet (AF) per acre required x net lot acres in

excess of 15,000 square feet per lot

Single Family Detached > 800 sf 0.22 AF 1.4 AF 1.6 AF

Det

ache

d U

nits

Cottage Homes or Micro Homes1

≤ 800 sf

Separate water meter to each dwelling unit

0.16 AF 1.3 AF 1.7 AF

Single Family Attached or

Cluster Duplexes

N/ASeparate water meter to each dwelling unit

0.16 AF 1.3 AF 1.7 AF

Water meter serves multiple dwelling

units without a separate dedicated

irrigation meter

0.16 AF 1.3 AF 1.7 AF

Acre feet (AF) per acre of irrigated area

Att

ache

d U

nits

Multi-family N/AWater meter serves multiple dwelling

units, and there is a separate dedicated

irrigation meter

0.16 AF3.0 AF

1Micro Homes: For the purposes of the water rights requirement calculation described in this table, each

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, Page 2 of 5

micro home is counted as one dwelling unit.2If a dedicated irrigation meter provides all the water for outdoor use, then the outdoor water rights requirements would not apply for the individual lots. Instead, 3.0 AF per acre of water rights as specified in Section 19.06.040 (Irrigation with treated city water) or the amount specified in an approved Hydrozone plan as authorized by Section 19.06.050 (Irrigation subject to Hydrozone water budget) would be required for the total area irrigated from the dedicated irrigation meter.

2. The applicant shall have a credit toward the requirements set forth in this Subsection A. for any water rights previously transferred to the city as part of any annexation or zoning.

B. Nonresidential development. 1. Any lot or tract zoned PUD, MAC, or E, if the developed use will be

nonresidential, and any lot or tract zoned Be, B, I, or PPThe City shall not be entitled to receive water service orissue a building permit for any construction on the lot or tracta nonresidential building or development until the city has received by a good and sufficient conveyance, grant, assignment, or decree the perpetual right to use thewater bank credits and/or cash-in-lieu of water rights in the total amount of water rights required for such building or development, in acre feet of water required , as determined by the following scheduletable: Water Meter Size Acre-feet Required

¾" 1

1" 4

1½" 8

2" 13

3" 26

4" 40

6" 80

8" 128

10" 184

12" 273

Notwithstanding anything herein to the contrary, water rights required under this Subsection B may not be paid prior to the building official's acceptance of a complete application for building permit.

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, Page 3 of 5

2. The applicant shall have a credit toward the requirements set forth in the scheduleabove for water rights previously furnished in conjunction with annexation or zoning.

3. Where property has been subdivided at or after the time of the furnishing of water rights, the water rights furnished shall be prorated among the parcels of the subdivision based upon the respective land areas. Water rights furnished to fulfill the requirements of this Subsection B in connection with other water meters previously granted on the same tract or larger tract, as the case may be, shall not be prorated.

4. Whenever a nonresidential water meter is abandoned or reduced in size, a credit shall be established in the city's water bank for the difference between the required water rights for the existing water meter and the required water rights for the new water meter, if any. Said credit shall be eligible for use only to fulfill water rights requirements arising on the property served by the original water meter, unless otherwise approved by council. Any unused credit remaining after ten years from the date the credit is created shall be canceled, and the owner thereof shall have no further claim to said credit. Upon application to council made prior to the expiration date, council may, for good cause shown, extend the expiration date as it sees fit.

Mixed-use buildings. C. Dedicated irrigation meters. Water rights applicable to mixed-use buildings

shallrequirements for dedicated irrigation meters are set forth in Chapter 19.06. D. Time of Satisfaction of Water Rights Requirements.

1. Residential water rights. Water rights for residential development may not be paid prior to issuance of acceptance by the city of a complete application for final plat. At the time of such submission, the applicant for such plat must elect to pay water rights for the development at one or more of the times described below, such election to be described in a development agreement with the city.

a. Prior to final plat. Prior to the City’s approval of a final plat, applicant may satisfy all water rights required for the development as calculated by this section for the development shown on the plat.

b. In phases prior to building permit. After recording of the final plat and prior to application for building permit, applicant may satisfy the water rights required for individual phases of the development as specifically designated in a development agreement. Such phases must be physically contiguous lots that will require no less than five (5) acre-feet of water rights per phase as designated in the development agreement and approved by the city. Applicant may not apply for a building permit for any lot within the designated phase until applicant satisfies the water rights required for the entire phase.

c. At issuance of building permit. Applicant may satisfy the water rights required for the development by paying a cash-in-lieu fee at the time of issuance of building permit for a particular lot or lots in the development, as calculated by this section. Satisfaction of water rights at issuance of building permit may only be made by payment of cash-in-lieu of water rights based on the cash-in-

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, Page 4 of 5

lieu price in effect at the time of payment, and paid at the time of payment of all other fees associated with the issuance of such building permit.

5.2.2. Nonresidential and mixed-use development. For the purposes of this Subsection C, "section, “mixed-use buildings"development” shall mean those buildings containing both residential and nonresidential uses. Notwithstanding anything herein to the contrary, waterWater rights required under this Subsection Cfor nonresidential and mixed-use development must be satisfied prior to issuance of building permit and may not be paidsatisfied prior to the building official's acceptance by the city of a complete application for building permit.

C. Dedicated irrigation meter. Water rights for a dedicated irrigation meters are set forth in Chapter 19.06.

1.3.Transfers requiredmeter must be satisfied prior to the city’s activation of the dedicated irrigation meter and may not be satisfied until the Irrigation Meter Permit Application has been completed and approved by this section and Chapter 19.06 are summarized in the following table:city staff.

Use Final Plat Building Permit Meter Activation

R1e, R1, R2, R3e, R3, Residential development within a PUD, MAC, or E

Total water rights as determined by

19.04.020.A. Credit given for water rights paid at annexation or zoning

None None

Be, B, I, PP, Nonresidential development within a PUD, MAC, or E

None

Total water rights as determined by

19.04.020.B. Credit given for water rights paid at annexation or zoning

None

Mixed-use buildings None Total water rights as

determined by 19.04.020.A and B

None

Dedicated irrigation meters None None

Total water rights as

determined by Chapter 19.06

4. Activating a water meter prior to satisfaction of the water rights requirements is a violation of section 13.02.130 of this code.

E. Once water rights for a development or lot within a development have been satisfied by payment of cash-in-lieu of water rights or dedication of water bank credits as described by 19.04.040, those water rights are irrevocably dedicated to the plat, phase, or lot for which the water rights requirements were satisfied, unless the plat for which the water

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, Page 5 of 5

rights requirements were satisfied does not receive final approval by the city and the applicant desires to withdraw the application. In such an event the applicant may provide to the director in writing a request that water rights be refunded by the city by issuance of water bank holding receipts in the amount of water rights previously satisfied by the applicant.

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, Page 1 of 4

19.04.020 Water rights required for development.A. Residential development.

1. The City shall not issue a building permit for a residential building or development until the city has received water bank credits or cash-in-lieu of water bank credits in the total amount of water rights required for such building or development, in acre feet of water, as determined by the following table:

Indoor Water Rights

Outdoor Water Rights2

RESIDENTIAL DWELLING TYPE

HomeSize Water Meter

Acre feet (AF) per dwelling unit

required x No. of

dwelling units

Acre feet (AF) per

acre required x

net lot acreage

Acre feet (AF) per acre required x net lot acres in

excess of 15,000 square feet per lot

Single Family Detached > 800 sf 0.22 AF 1.4 AF 1.6 AF

Det

ache

d U

nits

Cottage Homes or Micro Homes1

≤ 800 sf

Separate water meter to each dwelling unit

0.16 AF 1.3 AF 1.7 AF

Single Family Attached or

Cluster Duplexes

N/ASeparate water meter to each dwelling unit

0.16 AF 1.3 AF 1.7 AF

Water meter serves multiple dwelling

units without a separate dedicated

irrigation meter

0.16 AF 1.3 AF 1.7 AF

Acre feet (AF) per acre of irrigated area

Att

ache

d U

nits

Multi-family N/AWater meter serves multiple dwelling

units, and there is a separate dedicated

irrigation meter

0.16 AF3.0 AF

1Micro Homes: For the purposes of the water rights requirement calculation described in this table, each micro home is counted as one dwelling unit.

2If a dedicated irrigation meter provides all the water for outdoor use, then the outdoor water rights requirements would not apply for the individual lots. Instead, 3.0 AF per acre of water rights as specified in Section 19.06.040 (Irrigation with treated city water) or the amount specified in an approved Hydrozone plan as authorized by Section 19.06.050 (Irrigation subject to Hydrozone water budget) would be required for the total area irrigated from the dedicated irrigation meter.

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, Page 2 of 4

2. The applicant shall have a credit toward the requirements set forth in this Subsection A. for any water rights previously transferred to the city as part of any annexation or zoning.

B. Nonresidential development. 1. The City shall not issue a building permit for a nonresidential building or

development until the city has received water bank credits and/or cash-in-lieu of water rights in the total amount of water rights required for such building or development, in acre feet of water, as determined by the following table: Water Meter Size Acre-feet Required

¾" 1

1" 4

1½" 8

2" 13

3" 26

4" 40

>4” As determined by City Council upon application

2. The applicant shall have a credit toward the requirements set forth above for water rights previously furnished in conjunction with annexation or zoning.

3. Where property has been subdivided at or after the time of the furnishing of water rights, the water rights furnished shall be prorated among the parcels of the subdivision based upon the respective land areas. Water rights furnished to fulfill the requirements of this Subsection B in connection with other water meters previously granted on the same tract or larger tract, as the case may be, shall not be prorated.

4. Whenever a nonresidential water meter is abandoned or reduced in size, a credit shall be established in the city's water bank for the difference between the required water rights for the existing water meter and the required water rights for the new water meter, if any. Said credit shall be eligible for use only to fulfill water rights requirements arising on the property served by the original water meter, unless otherwise approved by council. Any unused credit remaining after ten years from the date the credit is created shall be canceled, and the owner thereof shall have no further claim to said credit. Upon application to council made prior to the expiration date, council may, for good cause shown, extend the expiration date as it sees fit.

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C. Dedicated irrigation meters. Water rights requirements for dedicated irrigation meters are set forth in Chapter 19.06.

D. Time of Satisfaction of Water Rights Requirements. 1. Residential water rights. Water rights for residential development may not be paid

prior to acceptance by the city of a complete application for final plat. At the time of such submission, the applicant for such plat must elect to pay water rights for the development at one or more of the times described below, such election to be described in a development agreement with the city.

a. Prior to final plat. Prior to the City’s approval of a final plat, applicant may satisfy all water rights required for the development as calculated by this section for the development shown on the plat.

b. In phases prior to building permit. After recording of the final plat and prior to application for building permit, applicant may satisfy the water rights required for individual phases of the development as specifically designated in a development agreement. Such phases must be physically contiguous lots that will require no less than five (5) acre-feet of water rights per phase as designated in the development agreement and approved by the city. Applicant may not apply for a building permit for any lot within the designated phase until applicant satisfies the water rights required for the entire phase.

c. At issuance of building permit. Applicant may satisfy the water rights required for the development by paying a cash-in-lieu fee at the time of issuance of building permit for a particular lot or lots in the development, as calculated by this section. Satisfaction of water rights at issuance of building permit may only be made by payment of cash-in-lieu of water rights based on the cash-in-lieu price in effect at the time of payment, and paid at the time of payment of all other fees associated with the issuance of such building permit.

2. Nonresidential and mixed-use development. For the purposes of this section, “mixed-use development” shall mean those buildings containing both residential and nonresidential uses. Water rights for nonresidential and mixed-use development must be satisfied prior to issuance of building permit and may not be satisfied prior to acceptance by the city of a complete application for building permit.

3. Dedicated irrigation meter. Water rights for a dedicated irrigation meter must be satisfied prior to the city’s activation of the dedicated irrigation meter and may not be satisfied until the Irrigation Meter Permit Application has been completed and approved by city staff.

4. Activating a water meter prior to satisfaction of the water rights requirements is a violation of section 13.02.130 of this code.

E. Once water rights for a development or lot within a development have been satisfied by payment of cash-in-lieu of water rights or dedication of water bank credits as described by 19.04.040, those water rights are irrevocably dedicated to the plat, phase, or lot for which the water rights requirements were satisfied, unless the plat for which the water rights requirements were satisfied does not receive final approval by the city and the applicant desires to withdraw the application. In such an event the applicant may provide

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to the director in writing a request that water rights be refunded by the city by issuance of water bank holding receipts in the amount of water rights previously satisfied by the applicant.

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1 MEMORANDUM JUNE 22, 2020

MEMORANDUMStudy Session: August 24, 2020

TO: Planning CommissionFROM: Bob Paulsen, Current Planning Division Manager

RE: Nuisance Ordinance: Discussion of Maintenance of Trees in the Right-of-Way and Graffiti Regulations

I. PROJECT SUMMARY

The Planning Commission has conducted a series of meetings, including study sessions and public hearings, regarding the proposed Nuisance Ordinance. This ordinance would create new Title 16 - Nuisances - of the Loveland Municipal Code. The new title consolidates the City's nuisance regulations and abatement procedures into a single title, making it easier for staff and citizens to locate, understand and use these provisions. The creation of the new title requires the extraction of existing nuisance provisions from various locations in the Municipal Code and inserting them into the new title. With this effort, the nuisance provisions are being updated and clarified. The portions of the code where these provisions have been housed have also been updated and modified to ensure consistency with the Nuisance Abatement Code. New text also has been added in locations where the nuisance provisions have been extracted to provide completeness.

The August 24 study session will focus on two topics:

1. Maintenance responsibilities for trees in the City right-of-way2. Graffiti regulations

II. ATTACHMENTS

1. Chart: Regional Comparison of Street Tree Maintenance Requirements. This chart provides a summary of the requirements and procedures relating to street tree maintenance of Loveland and nearby communities.

2. Email describing Loveland Public Works policies regarding street tree maintenance from Johnathon Sweeney

3. Unified Development Code Section 18.04.01 addressing street tree maintenance

4. July 27th Draft of the Nuisance Ordinance. Section 16.28.020 - Property owner responsibilities - is located on page 14 and is highlighted for easy reference. This Section relates to the maintenance of trees in the abutting right-of-way.

CURRENT PLANNING DIVISION410 E. 5th Street | Loveland, CO 80537 | 970-962-2523

[email protected] | cityofloveland.org/DC

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August 24, 2020 Planning Commission Study Session Memorandum Page 2 of 3

5. Loveland Municipal Code, Chapter 7.30 - Graffiti. This chapter specifies the City's current graffiti regulations. Attachment 4 includes highlighting of the proposed graffiti provisions on page 12.

6. Chart: Regional Comparison of Graffiti Regulations. This chart provides a summary of the regulations and procedures of Loveland and nearby cities.

III. JULY 27TH PLANNING COMMISSION PUBLIC HEARING

At the July 27th public hearing, the Planning Commission voted unanimously to recommend denial of the proposed Nuisance Ordinance. The objection to the Ordinance centered on the issue of responsibility for the maintenance of trees within the City right-of-way. Specifically, concern was focused on the requirement in the Ordinance (see Attachment 4, page 14) that abutting property owners are responsible for maintaining street trees, including the trimming and removal of dead or dangerous trees, unless this duty has been assigned to another party. In summary, Commissioners agreed that the financial burden for tree maintenance, particularly for the removal of dead or dangerous trees, was too severe--especially given that street trees are on City property and not on the property of the adjacent owner.

Following the vote on Nuisance Code, Commissioners agreed to review the street tree maintenance issue at the August 10th study session. This meeting was canceled and the topic has been rescheduled for August 24th. While a decision cannot be made at a study session, the Commission has the opportunity to explore options and provide direction to staff. A public hearing is tentatively planned for September 14th should the Commission arrive at a clear direction on August 24th.

Subsequent to the July 27th public hearing, Planning staff contacted Public Works and requested a response to the Commission's concerns. Johnathon Sweeney with the Streets Division has provided an email response (see Attachment 2) on this matter. His clarifications indicate that the Public Works Department continues to have a program for the trimming and removal of dangerous trees, including street trees. While funding for this program has been reduced in 2020, Mr. Sweeney indicates that the program remains in operation. The anticipated future of the program is not addressed in Mr. Sweeney's email.

Commissioners should be aware that the Unified Development Code, as currently adopted, specifies in Section 18.04.01 (see Attachment 3) that street tree maintenance is the responsibility of the adjacent property owner unless this responsibility has been assigned to another party--which language is consistent with the provisions in the proposed Nuisance Ordinance (see Attachment 4, page 14). While Code language may seem severe, it is common for cities to have programs and procedures that are more detailed, less severe or offer options not specified in the municipal regulations. This appears to be the case with the maintenance of street trees in Loveland. Nonetheless, the Commission may wish to explore alternatives to the currently drafted street tree provisions that would that would relieve property owners of the potentially significant burden of maintaining these trees.

IV. GRAFFITI REGULATIONS

On July 21st, the Loveland City Council had a discussion about the City's graffiti regulations. Concern was expressed about assigning the responsibility for removal of graffiti to the property owner. The concern focused on the question of fairness--assigning mitigation to an owner whose property had been

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August 24, 2020 Planning Commission Study Session Memorandum Page 3 of 3

damaged by others in the commission of a crime (see Attachment 5, Loveland Municipal Code, Chapter 7.30 - Graffiti).

Given that the graffiti provisions are addressed under the City's nuisance provisions and included in the Nuisance Ordinance (see Attachment 4, page 12) it would appear timely for the Planning Commission to take up this topic. Please note that a separate interdepartmental City effort looking into the graffiti issue. Any comments the Commission has on the graffiti topic will be passed along to those involved in this separate graffiti effort. At some later date, it is likely that the Planning Commission will be asked to consider amendments to the graffiti provisions.

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Regional Comparison: Street Trees in the Right-of-Way

PC ATTACHMENT 1 1

CommunityStreet Tree

ResponsibilityForestry Division

Notes

Loveland Adjacent property owner No

The UDC assigns maintenance of street trees to adjacent property owners. UDC 18.08.04.01.D Maintenance of street trees shall be the responsibility of the adjacent property owner, unless the applicant has provided for an alternative perpetual maintenance arrangement that is acceptable to the Director (e.g., via a property owner’s association or special district).

The City does not have a Forestry Division but allocates funds for maintenance of street trees by a City contractor--at a diminished level in 2020. This service is safety-oriented and focuses on dangerous trees/limbs. See associated email from Jonathon Sweeney, Public Works Dept. The Parks Department maintains landscaping within the City’s public parks. Public Works (traffic) has periodically removed trees that have presented a safety hazard (blocking traffic signals) but does not have funding associated with this.

Core & older neighborhoods: City

maintainsLongmontAll other areas: adjacent

property owner maintains

Yes

The Forestry Division is staffed with 7 individuals and maintains trees in the older portions of the City (trims, removes and replaces trees). They have a $900,000 operating budget from the City’s general fund and tree mitigation fund, where they collect revenue for permits to remove trees. Permit fees are based on the caliper/size of tree.

The City does not fund maintenance of street trees in newer areas of the City. Responsibility is assigned to the adjacent property owner.

Fort Collins City Yes

The City of Fort Collins Forestry Division has a budget of $2.3 Million with 16 employees along with 4 hourly staff working during the growing season. Eleven of the employees work in the field with pruning and tree removal. They maintain over 54,500 trees along streets and in parks, cemeteries, golf courses and other City facilities or property. A contract with private contractor supplements the program. Tree preservation and protection is a priority in the land use code. Developers must pay for tree mitigation (removal of desirable trees).

Greeley Adjacent property owner Yes

The Forestry Department maintains landscaping in the City’s public parks, public grounds, and street medians. They do not maintain trees in the right-of-way adjacent to private property. The City requires permits for trimming and removal of trees in the right-of-way. The work must be done by a licensed arborist. Tree removal permits are $40, tree trimming permits are $10. The Forestry Department staffs 9 people and inspects all trees that are proposed to be removed.

WindsorCore & older

neighborhoods: City maintains

Town ForesterWindsor has a Town Forester under the Parks, Recreation and Culture Division of Public Works. Public Works maintains street trees in the older areas of the Town, but newer areas they have required HOAs, Metro Districts, or adjacent property owners to maintain the trees in the right-of-way. The has Town budgeted $10,000 a year for assistance to homeowners who are responsible for

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Regional Comparison: Street Trees in the Right-of-Way

PC ATTACHMENT 1 2

All other areas: adjacent property owner

maintains

maintaining their trees but cannot afford it. This year that allocation has been placed on hold due to COVID.

Larimer County

Adjacent property owner No The County allows trees within the right-of-way only in growth management areas. All other areas can only plant native or ornamental grasses and wildflowers in the rights-of-way.

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PC ATTACHMENT 2 Page 1 of 2

From: Kerri Burchett To: Kerri BurchettSubject: FW: Street treesDate: Monday, August 3, 2020 2:42:14 PM

From: Johnathon Sweeney Sent: Monday, August 3, 2020 11:30 AMTo: Jeff Bailey <[email protected]>; Kerri Burchett <[email protected]>Cc: Mark Jackson <[email protected]>; Matt Ruder<[email protected]>; David Priddy <[email protected]> Subject: RE: Street trees Kerri, The PW budget comes from Solid Waste, Storm Water, and Streets. In 2019 the budget was $100,000, however with the GF shortfall, the amount that the Streets Division contributes was reduced by $25,000. The current budget for 2020 is approximately $75,000. With the exception of Council appropriation around 5 years ago for Emerald Ash Borer (EAB), we do not receive added monies for tree maintenance. Asplundh allots us one crew, made up of an arborist, groundsman, boom truck, and chipper. We have to share this crew with the Parks Department and Golf, but they are invoiced separately. Typically the Asplundh crew works with PW March-December, and with Parks the remainder. It’s very common to work in a week or two during our time for Parks, Golf, and Traffic (line-of-sight, school zones), for any emergencies or special projects We receive resident complaints/requests through our call center, web report a concern, CMO, or observations from the field. I then go out and look at the issue, talk to the resident, and prioritize the workload for Asplundh. Asplundh’s arborist and myself meet every morning, and maintain communications throughout the day. Maintenance –We are focused on safety issues, first and foremost. Any Dangerous tree, or broken/hanging branches move up the list and are taken care of first. Trimming and dead wooding would come next. As I often tell residents, we unfortunately aren’t here to “prune” or “manicure” the tree, but rather mitigate any danger or risk to traffic and/or pedestrians. Herein lies the issue; we can only afford enough time and money to deal with the current problem, and aren’t addressing why the problem is happening. Other than a short list of large Ash trees that have been treated, we do not offer any type of care like pest spraying or fertilizing. We never like to remove trees, but sometimes it’s the only choice.

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ROW trees –It is often grey and convoluted as to which trees are our responsibility. Most newer HOA’s are responsible for their trees, under their landscape plans, but sometimes they aren’t or I can’t find concrete information to refute ownership. Areas that have an offset sidewalk are a little easier to identify as City trees, but again not all the time. Older areas, like downtown, the ROW can be 20’ up into residents yards. There are also a lot of areas/lots that the City owns that need to be maintained that aren’t the “normal” streetscape trees we think about. EAB –EAB is in Ft. Collins, Berthoud, and likely here just not detected yet. We have started to remove small Ash trees when possible, but when we start to see the full destruction of this pest, we will be overrun and not able to keep up with dangerous trees in the ROW. As of information from 2018, Ash trees make up 22% of street trees. If you need clarification or need me to elaborate on anything, please feel free to give me a call or email. Thanks John SweeneyCrew Supervisor Streets Division x2732

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TITLE 18 UNIFIED DEVELOPMENT CODE

PART 3: SITE DESIGN AND ENVIRONMENTAL QUALITY

Chapter 18.08 Landscaping and Buffering

Division 18.08.04 Standards for Landscape Areas

18.08.04.01 Street Trees

A. Generally. Street trees must be installed in street rights-of-way in locations approved by the Director (in consideration of location of utilities, street lights, sight distance triangles, and other engineering considerations) or within 10 feet of street rightsof-way with approval by the Director in cases where the Director determines that it is impractical to plant the street trees within the right-of-way. Street trees shall be located and spaced in accordance with the standards of this Section. B. Tree Lawns and Sidewalk Cutouts. Street trees shall be installed in tree-lawns and / or sidewalk cutouts.

1. Spacing. Street trees shall be planted on 35-foot centers, with variations allowed to avoid public utilities, sight triangles, and curb cuts.

2. Alternative Character. The linear spacing of street trees may be altered based on the character of the streetscape. The Director may approve a clustered spacing of street trees for developments with meandering sidewalks or in corridor overlay zones and PUDs that stipulate an informal street character.

3. Tree Lawns. The following requirements apply to tree lawns:a. Street trees shall be installed in tree lawns, unless otherwise approved by the Director.b. The groundcover in tree lawns shall be a minimum of 75 percent turfgrass, or other surface treatments as follows:

1. In locations where on-street parking is allowed adjacent to the tree lawn:a. The Director may approve 75 percent vegetative groundcover, other than turfgrass, (see Appendix A: Approved

Plant List) if such groundcover will not impede pedestrian access to the sidewalk, and is of a type or in a location such that it will not be damaged by pedestrian traffic; or

b. The Director may approve rock or organic mulch in combination with live plant material, provided the rock and / or mulch is installed over a weed barrier, the depth of the rock and mulch below the street curb and sidewalk is sufficient to contain the material, and the rock size and / or form of mulch will not impede pedestrian access to the sidewalk.

2. In tree lawns adjacent to streets where on-street parking is prohibited, the Director may approve 75 percent plant material (see Appendix A: Approved Plant List) consisting of a combination of low water usage, low-growing shrubs and groundcover other than turfgrass.

3. In approving any of the alternative surface treatments set out in subsection B.3.b.i. through B.3.b.iii., inclusive, above, the Director shall first determine that such treatment provides visual continuity with, and is functionally appropriate within, the surrounding context.

PC ATTACHMENT 3 page 1

Title 18 Unified Development Code

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c. Generally, street trees shall be centered within the width of tree lawns that are eight feet wide or less; however, street trees may be planted closer to lot lines if such locations would provide:1. Equal or greater area for healthy root growth; and2. A preferable arrangement with regard to spacing from underground or overhead utilities.

4. Sidewalk Cutouts. In the alternative to tree lawns, sidewalk cutouts are allowed in the DT zone, the E zone, the MAC zone, and and neighborhood activity centers within complete neighborhoods. Sidewalk cutouts shall be of sufficient size to support healthy tree growth.

5. Root Barrier. A root barrier is required along all concrete sidewalks, curbs, and driveways.

1 Revision: September 1, 2019

6. Technical Installation Specifications. The City Engineer is authorized to develop technical specifications for the installation of street trees.

C. Setbacks.

1. The trunks of street trees shall be set back from sidewalks, buildings, and structures as follows: a. Driveways and alleys: 15

feet.

b. Buildings, utilities, and other structures (except fences): 10 feet

2. Street trees shall be planted so that:a. Their eventual growth can be reasonably controlled so as to avert interference with or obstruction of any improvements

installed for public benefit; andb. Nearby overhead and underground utilities such as water, wastewater, gas, communications, and electrical, will not be

disrupted or materially affected by branches or roots.

3. No street trees that are more than 25 feet in height at maturity shall be planted under or within 10 feet of any overhead power line, except street light or service lines.

D. Maintenance. Maintenance of street trees shall be the responsibility of the adjacent property owner, unless the applicant has provided for an alternative perpetual maintenance arrangement that is acceptable to the Director (e.g., via a property owners’ association or special district).

Effective on: 11/20/2018 Revision: September 1, 2019

PC ATTACHMENT 3 Page 2

Title 18 Unified Development Code

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DRAFT ORDINANCE as of July 27, 2020

PC ATTACHMENT 4 1Revised: 5-25-2020

FIRST READING: ________________

SECOND READING: ______________

ORDINANCE NO. _____________________

AN ORDINANCE AMENDING PORTIONS OF TITLES 5, 7 AND 12 OF THE LOVELAND MUNICIPAL CODE AND ADOPTING A NEW TITLE 16 - NUISANCES

WHEREAS, the Loveland Municipal Code (the “Code”) prohibits various nuisances from occurring in the City, including but not limited to dangerous trees, refuse and rubbish, unlawful vehicles, weeds, and graffiti. The City’s Code Administration Division enforces the Code with respect to such nuisances; and

WHEREAS, Code Administration reviewed the Code as it relates to the enforcement and abatement of nuisances, and identified a need to revise portions of the existing Code, consolidate existing sections, and address deficiencies with a streamlined, uniform abatement policy; and

WHEREAS, Code Administration proposes a consolidation of existing sections 7.12 (Nuisances – Unsanitary Conditions), 7.18 (Weed Control), 7.26 (Accumulations of Waste Material), 7.30 (Graffiti), and portions of Section 12.32 (Trees and Shrubs); the creation of Title 16 Nuisances, containing a uniform abatement process; and certain other amendments to the Code to update the City’s nuisance provisions; and

WHEREAS, City Council finds that amendments to the Code in Title 5, Title 7 and Title 12 and the creation of Title 16 of the Loveland Municipal Code, are necessary in the interest of the health, safety and welfare of the citizens of Loveland.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LOVELAND, COLORADO ORDAINS:

Section 1. That Section 5.28.080(C) – City clerk’s approval required, suspension, revocation, renewal, appeal - of the Loveland Municipal Code is amended to read as follows:

C. The revocation, suspension or denial of the issuance, transfer or renewal of a license ormanager's certificate may be appealed to the City Manager pursuant to the appeals procedure setforth in Chapter 1.32 of this Code.

Section 2. Chapter 7.04 – Health Department - of the Loveland Municipal Code is amended to read as follows:

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Chapter 7.04

HEALTH AND SANITATION

Sections:

7.04.010 Powers and duties.The City Manager or his or her designee shall have the supervision and control of all matters relating to health and sanitation within the City, and shall have the power to compel the removal or abatement of any nuisance, source of filth, or cause of disease within the City. The City Manager may consult with Larimer County as he or she deems appropriate regarding matters of health and sanitation.

Section 3. That Chapter 7.12 – Nuisances - of the Loveland Municipal Code is repealed.

Section 4. That Chapter 7.18 – Weed Control - of the Loveland Municipal Code is repealed.

Section 5. That Chapter 7.26 – Accumulations of Waste Material - of the Loveland Municipal Code is repealed, except that Section 7.26.150 of the Loveland Municipal Code is repealed and reenacted as Section 7.16.210.

Section 6. That Chapter 7.30 – Graffiti - of the Loveland Municipal Code is repealed.

Section 7. That Chapter 7.70 – Administrative Appeals Procedure of the Loveland Municipal Code is repealed and reenacted as Chapter 1.32.

Section 8. That Section 12.24.037 – Administrative review of assessment - of the Loveland Municipal Code is amended to read as follows:

Any owner who disputes the amount of assessment made against such owner's property underSection 12.24.035 may, within twenty days of receipt of notice of such assessment, petition the City Manager for a revision or modification of such assessment in accordance with Chapter 1.32 of this Code.

Section 9. That Section 12.32.130 – Property owner responsibilities - of the Loveland Municipal Code is amended to read as follows:

The City shall have the power to require any property owner to trim, remove, or protect any tree, shrub, or other vegetation on such owner’s property which may project past the property line onto or over the right-of-way abutting the same if deemed necessary by the City Engineer. The City shall cause a notice requiring such work to be performed to be served upon the property owner in accordance with Section 12.32.170 and such work shall be done within the time specified in the notice.

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Section 10. That Sections 12.32. 140 – Removal of dead or dangerous trees - and 150 – Removal or treatment of infected or infested trees -, of the Loveland Municipal Code are repealed.

Section 11. That Section 12.32.155 – Trees on City property - of the Loveland Municipal Code is amended to read as follows:

The City may maintain trees within City-owned right-of-way or other City-owned property through trimming, pruning, removal and other maintenance activities. The City’s maintenance of such trees shall not however alter the abutting property owner’s obligations for maintenance and care of vegetation in the right-of-way, including trees, as set forth in Chapter 16.28.020 or for the repair of sidewalks, curbs and gutters as set forth in Chapter 12.20. It is unlawful for any person to knowingly plant a tree upon City-owned right-of-way or other City-owned property unless the City has provided written consent to such planting or unless required by an approved plan.

Section 12. That Section 12.32.170 – Notice of compliance - of the Loveland Municipal Code is amended to read as follows:

It is unlawful for any person to fail to comply with the requirements of any notice given pursuant to Section 12.32.130 within the time specified in such notice. In all cases, the City shall notify the property owner or his or her agent to maintain and care for the trees and shrubs within 30 days or other period of time thereof deemed reasonable by the City from the date of service of such notice. The notice shall be in writing and may be served on the property owner by posting on the property or by registered or certified United States mail. If, at the end of the 30 days, or other time established, the property owner has failed to care for and maintain the tree or shrub as required by the City, the City may complete the work and assess the costs incurred by the City to the property owner. The City shall mail a copy of such assessment to the property owner to the property owner’s last known address and the assessment shall become and remain a lien upon the property until it is paid. Failure to pay the amount assessed for tree or shrub maintenance, care or removal including inspection and incidental costs within 30 days of the mailing of the assessment shall cause the property owner to be subject to the lien and collection provisions of Chapter 3.50 of this Code.

Section 13. That Section 12.32.180 – Appeal procedure - of the Loveland Municipal Code is amended to read as follows:

Any owner who disputes the terms of any notice of assessment made against such owner’s property pursuant to Section 12.32.170, may, within 20 days of receipt of notice, petition the City Manager for a revision or modification or such notice of assessment, in accordinace with Chapter 1.32 of this Code.

Section 14. That a new Title of the Loveland Municipal Code Title 16 - Nuisances is hereby adopted and shall read as follows:

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Title 16

NUISANCES

Chapter 16.04

GENERAL PROVISIONS

16.04.010 Purpose of Title.The purpose of this Title 16 is to promote the health, safety, order, prosperity and welfare

of the present and future citizens of the City.

16.04.020 Severability.In the event that any provision of this Title is declared to be unconstitutional or invalid

for any reason, the remaining provisions of this Title shall be upheld and enforced.

16.04.030 Powers and duties.A. The City Manager or his or her designee shall have the supervision and control of all

matters relating to public nuisances, and shall have the power to compel the removal or abatement of any nuisance, source of filth, or cause of disease within the City. The City Manager shall consult with Larimer County as he or she deems necessary regarding matters of health and safety.

B. The Municipal Judge may grant inspection warrants as found in Chapter 1.08, enforce violations, order abatements, and pursue any other remedy available under this Code or any other remedy available under the law.

16.04.040 Definitions.As used in this Title, the following definitions shall apply:

A. “Abandoned property” for purposes of defining a chronic nuisance, means a property over which the person in charge no longer asserts control due to death, incarceration, or any other reason, and which is either unsecured or subject to occupation by unauthorized individuals. B. “Abate” or “abatement” shall mean eliminating or nullifying a nuisance.C. “Abatement plan” shall mean any agreement entered into by the City and an owner designed to eliminate nuisances from a property or properties.D. “Approved plan” shall mean a landscape or other plan approved by the City in connection with, but not limited to, the annexation, zoning, development or redevelopment of a property.E. “At the curb” shall mean at or near the perimeter of the premises, whether or not there is a curb, but does not mean or permit placement on the sidewalk or in the lane of travel in the street, alleyway and/or drive aisle.F. “Camping facilities” means tents, huts, lean to's, tarps, cardboard boxes or structures, or other similar items intended to provide temporary shelter.G. “City Manager” means the City Manager of the City of Loveland, Colorado, or the City Manager's designee.

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H. “Chronic nuisance property” means: (a) a property for which enforcement officers have issued a Notice and Order to Abate on two or more occasions during any sixty day period or on five or more occasions during any twelve month period; or (b) any abandoned property where nuisance activity exists.I. “Commercial vehicle cover” shall mean a standard vehicle cover designed and manufactured for the purpose of covering a vehicle.J. “Compost” shall mean a mixture consisting of decayed organic matter used for fertilizing and conditioning soil.K. “Enforcement officer” means a police officer or code enforcement officer of the City of Loveland.L. “Garbage” shall mean solid wastes from the domestic and commercial preparation and handling of food and from the storage and sale of produce.M. “Graffiti” means any defacing of public or private property by means of painting, drawing, writing, etching, inscription, or carving with paint, spray paint, ink, knife, or any similar method, with any contrast medium whatsoever, without advance authorization by the owner of the property or, which despite such advance authorization, is otherwise a public nuisance.N. “Grasses” shall mean native grasses, ornamental grasses, and turf grasses, collectively.O. “Hazardous waste” shall mean any chemical, compound, substance or mixture that state or federal law designates as hazardous because it is ignitable, corrosive, reactive or toxic including but not limited to solvents, degreasers, paint thinners, cleaning fluids, pesticides, adhesives, strong acids and alkalis and waste paints and inks.P. “Health Hazard” mean an accumulation of refuse and rubbish that may create a fire, health or safety hazard, or may provide harborage for rodents, snakes or other nuisance wildlife.Q. “Native grasses” shall mean perennial grasses native to the local ecosystem or suitable for Colorado landscapes, including but not limited to Big bluestem (Andropogon gerardi); Silver beard grass (Andropogon saccharoides); Sideoats grama (Bouteloua curtipendula); Buffalo-grass (Bouteloua dactyloides); Blue grama (Bouteloua gracilis); Sand lovegrass (Eragrostis trichodes); Switchgrass (Panicum virgatum); Little bluestem (Schizachyrium scoparium-syn. Andropogon scoparius); Alkali sacaaton (Sporobolus airoides); Indian-grass (Sorghastrum nutans); Indian rice-grass (Achnatherum hymenoides – syn. Oryzopisi hymenoides); Arizona fescue (Festuca arizonica); Prairie june-grass (Koeleria macrantha); and Western wheatgrass (Pascopyrum smithii – syn. Agropyron smithii)..R. “Natural area” shall mean any areas, whether public or private, that are designated:

1. by the Director of the Parks and Recreation Department as a natural area, wildlife corridor, open lands or wetlands; or2. by the Director of the Development Services Department as a natural area; or3. as natural areas, wildlife corridors, wetlands or other areas intended to be maintained in a relatively natural, undeveloped state, on an approved plan.

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S. “Notice and Order to Abate” shall mean a notice requiring the owner, agent or occupant of property on which a violation of this Title, Title 15, and Title 18 exists to abate the nuisance caused by the violation as directed in the notice;T. “Notice and Order of Abatement” shall mean a notice advising the owner, agent or occupant of property on which a violation of this Title, Title 15 and Title 18 exists of the City’s intent to abate the nuisance caused by the violation;U. “Noxious weed” shall mean any noxious weeds designated by the Colorado Noxious Weed Act (C.R.S 35-5.5-101, et seq.) (the “weed act”) from time to time, including but not limited to Yellow starthistle (Centaurea solstitialis); Mediterranean sage (Salvia aethiopis); Myrtle spurge (Euphorbia myrsinites); Cypress spurge (Euphorbia cyparissias); Orange hawkweed (Hieracium aurantiacum); Purple loosestrife (Lythrum salicaria); Field bindweed (Convolvulus arvensis); Leafy spurge (Euphorbia esula); Canada thistle (Cirsium arvense); Russian knapweed (Acroptilon repens); Perennial sowthistle (Sonchus arvensis); Puncturevine (Tribulus terrestris).V. “Ornamental grasses” shall mean annual or perennial grasses suitable for Colorado landscapes and grown as ornamental plants as a part of an overall landscaped area, including but not limited to those listed on the City’s Approved Plant List and the following: Indian ricegrass (Schnatherum hymenoides -syn. Oryzopsis hymenoides); Big bluestem (Andropogon gerardii); Sideoats grama (Bouteloua curtipendula); Blue grama (Bouteloua gracilis); Sand lovegrass (Eragrostis trichodes); Arizona fescue (Festuca arizonica); Blue fescue or Elijah blue (Festuca cinerea or Festuca glauca); Idaho fescue (Festuca idahoensis); Blue oat grass (Helictotrichon sempervirens); Prairie junegrass (Koeleria macrantha); Silky threadgrass or Mexican feathergrass (Nassella tenuissima); Little bluestem (Schizachyrium scoparium); Indiangrass (Sorghastrum nutans); and Prairie dropseed (Sporobolus heterolepis).W. “Owner” shall mean the owner as shown by the records of the County Assessor, whether person, firm or corporation; any agent or representative of the owner; or any person leasing, occupying or having control or possession of the property or premises.X. “Property” means:

1. any real or personal property, including without limitation, vacant land, improvements to land, fixtures, buildings, structures, vehicles, and dumpsters, or2. in addition to the owner's lot or tract of land, whether improved or vacant, the area to the center of an alley abutting the lot or tract of land, if any, all easements of record, and the sidewalk, curb, gutter and parking areas of any street abutting such lot or tract of land.

Y. “Private property” includes but is not limited to the following locations owned by private individuals, firms, corporations, institutions, or organizations: yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots, open space, parks and recreation facilities.Z. “Public nuisance” or “nuisance” means any condition affecting a property which: (1) creates a health or safety hazard; (2) directly or indirectly causes the devaluation of the property or of any neighboring property; (3) constitutes a gang communication; or (4) promotes crime, vandalism or gang communication.AA. “Recreational vehicle” shall mean a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motor power or is drawn by another vehicle. “Recreational vehicle” shall include but is

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not limited to travel trailers, motor homes, fifth wheel trailers, slide-in campers, truck campers, tiny homes pulled on a chassis, or boats.BB. “Refuse” shall mean solid or liquid wastes, except hazardous wastes, whether putrescible or nonputrescible, combustible or noncombustible, organic or inorganic, including by way of illustration and not limitation, wastes and materials commonly known as trash, garbage, debris or litter, animal carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings, glass, rags, discarded clothes or wearing apparel of any kind, or any other discarded object not exceeding three feet in length, width or breadth.CC. “Refuse container” shall mean a watertight receptacle of a solid and durable metal or nonabsorbent, fire-resistant plastic with a tightly fitting, insect and rodent-proof cover of metal or plastic or a tightly secured plastic bag.DD. “Residential” shall mean property developed with one-family or two-family dwelling units on land zoned residential.EE. “Rubbish” shall mean nonputrescible solid wastes of a large size, including by way of illustration and not limitation, large brush wood, large cardboard boxes or parts thereof, large or heavy yard trimmings, discarded fence posts, crates, vehicle tires, junked or abandoned motor vehicle bodies or parts, scrap metal, bedsprings, water heaters, discarded furniture and all other household goods or items, demolition materials, used lumber and other discarded or stored objects three feet or more in length, width or breadth.FF. “Turf grasses” shall mean any species of grasses commonly bred and designated for use in Colorado landscapes as an irrigated residential lawn or an irrigated open space or common area.GG. “Unlawful vehicle” means any device which is capable of moving or being moved from place to place upon wheels or tracks, not including a utility trailer or any device designed to be moved solely by muscular power or capable of being moved through water, which:

1. In the reasonable opinion of a police or enforcement officer, is apparently inoperative or legally inoperative due to the vehicle's unsafe condition regarding the potential to endanger persons or property or due to the lack of required equipment as stated in this Code, including but not limited to inflated tires, operable lights, operable brakes, windows, and windshields; or2. Does not have lawfully affixed thereto an unexpired license plate, if such plate is required by law; or 3. Is wrecked, dismantled, partially dismantled, discarded, or severely dilapidated.

HH. “Utility trailer” means a trailer that is an unpowered vehicle pulled or towed by a powered vehicle such as a car or truck. The trailer has wheels and can be built as a flat-bed open-air trailer or as an enclosed trailer with shelving units or specialty equipment built in. This type of trailer is meant to haul some sort of equipment, either for professional or recreational use.II. “Weed” shall mean an aggressive, non-native herbaceous plant detrimental to native plant communities or agricultural lands that is not classified as a noxious weed under the weed act, including but not limited to: Dandelion (Taraxacum officinale), Silverleaf povertyweed or Skeletonleaf bur ragweed (Ambrosia tomentosa or Franseria discolor), Mouse-ear poverty weed (Iva axillaris), Fanweed or Field Pennycress (Thlaspi

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arvense), mustards (Brassica sp.), Purple groundcherry (Quincula lobata), Russian thistle (Salsola sp.), Kochia (Kochia scoparia), Redroot armaranth or Pigweed (Amaranthus retroflexus), Mat sandbur (Cenchrus longispinus), Flatspine stickseed (Lappula occidentalis), Buffalobur (Solanum rostvatum), Common ragweed (Ambrosia artemisiifolia), and cockleburs (Xanthium sp.), This list is not exclusive, but rather is intended to be indicative of those types of plants which are considered a nuisance and a detriment to the public health and safety. “Weeds” shall not include flower gardens, plots of shrubbery, vegetable gardens, hay crops, corn crops, small-grain plots (wheat, barley, oats, and rye), turf grasses, ornamental grasses, native grasses, industrial hemp or marijuana. “Weed district” shall mean the Larimer County Weed District.

16.04.050 Nuisances – generallyAny violation of this Title, Title 15 or Title 18 of this Code is declared to be a nuisance.

16.04.060 Determination of nuisance.An enforcement officer shall be empowered to make a prima facie determination of

whether a nuisance exists within the City. If such condition is determined to exist, an enforcement officer shall have the authority to issue a Notice and Order to Abate or a Notice and Order of Abatement or conduct an emergency abatement for purposes of public health or safety.

16.04.070 Code enforcement guidelines.A duly appointed enforcement officer of the City may enforce the provisions of this Title

by the issuance of a summons and complaint as provided in Rule 204 of the Colorado Municipal Courts Rules of Procedure.

16.04.080 Penalties.Any person found guilty of violating this Title shall be sentenced in accordance with

Chapter 1.12 of this Code. Additionally, any person found guilty of violating this Title may be ordered by the municipal court to abate any nuisance or to pay for any such abatement assessed by the City.

16.04.090 Unlawful acts.It is unlawful for any person, being the owner, agent or occupant of any premises or

property within the City to fail, neglect or refuse to comply with any lawful order made by an enforcement officer, or to fail to remove and abate any nuisance within the time stated in the notice served upon such person.

16.04.100 Owners have ultimate responsibility for violations.Every owner remains liable for violations of responsibilities imposed upon an owner by

this Title, Title 15 and Title 18 of the Code even though an obligation is also imposed on the occupant of the property and even though the owner has by agreement imposed on the occupant the duty of maintaining the property or furnishing required refuse containers and collection.

16.04.110 Conflict in standards.Nothing in this Title shall be construed to conflict with applicable state statutes where

such statutes provide for standards more restrictive than those provided herein. Exceptions to applicable state standards shall be considered as provided by state statutes, and the City Council

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shall act as the body responsible for the granting of exceptions, modifications and exemptions to such applicable state standards, as authorized by and under the provisions of the laws of the state of Colorado.

16.04.120 No duty upon City.Nothing in this Title, Title 15 or Title 18 shall impose an affirmative duty upon the City

to remove a nuisance or create liability for failure to remove any nuisance. Nothing in this Title, Title 15 or Title 18 shall prevent the City Manager, an enforcement officer, or the municipal judge from providing additional notice and time for abatement to a property owner or agent of a property owner, should it appear to the City Manager, enforcement officer, or the municipal judge that such extra notice and time for abatement is likely to produce abatement.

Chapter 16.08

UNSANITARY CONDITIONS

16.08.010 Intent.It is the intent of this Chapter to reduce the occurrence of situations which negatively

effect the health and general welfare of the public or that are likely to be injurious to humans, plant or animal life, or property, or which unreasonably interfere with the enjoyment of life or property.

16.08.020 Feeding lots prohibited.It is unlawful for any person to maintain or keep within the City, any cattle yards or sheep

yards or hog yards for the purpose of feeding cattle, sheep or hogs for fattening, and all such places so kept are also declared to be a nuisance and an offensive business and establishment and may be abated.

16.08.030 Fly-producing conditions prohibited.It is unlawful for any person to maintain or keep within the City any of the following

unsanitary fly-producing, disease-causing conditions, and such conditions are declared to be a public nuisance:

A. Any accumulation of manure on premises where animals are kept, unless the premises are kept clean and the manure is kept in a box or vault which is screened from flies and emptied at least once each week;B. Privies, vaults, cesspools, pits or like places which are not securely screened to protect them from flies;C. Garbage in any quantity which is not covered or screened to protect it from flies; orD. Trash, litter, rags or anything whatsoever in which flies may breed or multiply.

Any of the foregoing conditions are nuisances and may be abated as such, in addition to any penalty which may be imposed for a violation of this Code.

16.08.040 Rat and/or mouse-producing conditions prohibited.

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It is unlawful for any person to maintain or keep any premises within the City which are infested with rats and/or mice or to keep on any premises any uncovered garbage or waste materials of any kind which might attract, sustain or cause an infestation of rats. All such premises and conditions are declared to be a public nuisance and may be abated as such, in addition to any penalty which may be imposed for a violation of this Code.

Chapter 16.12

ACCUMULATIONS OF WASTE MATERIAL

16.12.010 Intent.The purpose of this Chapter is to protect the public health, safety and welfare by

regulating the accumulation, storage, transportation and disposal of refuse and rubbish to prevent conditions that may create fire, health or safety hazards, harbor undesirable pests, impair the aesthetic appearance of the neighborhood, or degrade property values in the immediate area.

16.12.020 Refuse and rubbish accumulation prohibited.A. The owner and the occupant of any premises within the City, whether business, commercial, industrial, agricultural or residential premises, shall maintain the property in a clean and orderly condition, permitting no deposit or accumulation of materials other than those collected in conjunction with a business enterprise lawfully situated and/or licensed for such storage or collection. All refuse shall be stored on the premises in refuse containers and the storage area shall be kept free of loose refuse. Any refuse or rubbish which by its nature is incapable of being stored in refuse containers may be neatly stacked or stored. The number and size of refuse containers shall be sufficient to accommodate the accumulation of refuse from the property. Containers shall be secured and placed where they are not spilled by animals or wind or other elements and screened from view of the street. To the extent that a container on residential property cannot be screened from view of the street, it shall be placed behind the front façade of the house.B. No person shall store or permit to remain on any business, commercial, industrial, agricultural or residential premises owned or occupied by such person, any manure, refuse, animal or vegetable matter or any foul or nauseous liquid waste, which is likely to become putrid, offensive or injurious to the public health, safety or welfare, for a period longer than twenty-four hours at any one time.C. No owner or occupant of any premises which are adjacent to any portion of an open area, vacant lot, ditch, detention pond, storm drain or watercourse shall cause the accumulation of refuse, rubbish, or storage of any material within or upon such adjacent areas.D. The property owners and the contractors in charge of any construction site shall maintain the construction site in such a manner that refuse and rubbish will be prevented from being carried by the elements to adjoining premises. All refuse and rubbish from construction or related activities shall be picked up at the end of each workday and placed in containers which will prevent refuse and rubbish from being carried by the elements to adjoining premises.

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E. The accumulation of refuse and rubbish which constitutes or may create a fire, health or safety hazard or harborage for rodents is unlawful and is hereby declared to be a public nuisance and a nonconforming use of the premises.

16.12.030 Compost piles permitted if not nuisance.An occupant of any one or two-unit residential property may maintain a compost pile that

is a separated area containing alternate layers of plant refuse materials and soil maintained to facilitate decomposition and produce organic material to be used as a soil conditioner. A compost pile shall be fully enclosed and maintained to prevent it from becoming a public nuisance by putrefying or attracting insects or animals.

16.12.040 Burning of refuse and rubbish prohibited.No person shall cause or allow the disposal of refuse or rubbish by burning except in an

incinerator that is designed for such purpose and under an operating permit from the state Department of Health. In no event may rubbish or refuse be burned in a stove or fireplace except for clean, dry, untreated wood.

16.12.050 Refuse, rubbish, or compost.The City Manager or designee is authorized and directed to inspect and supervise the

premises within the City and if it is found that any refuse, rubbish, or compost exists on any property in violation of this Chapter, the City Manager or designee shall in addition to any other action permitted under this Code remove or cause to be removed from the property all refuse and rubbish found on the premises or in the adjoining streets and alleys and assess and collect a reasonable charge from the owner or occupant all in accordance with the notice, removal and assessment provisions of Chapter 16.44.

16.12.060 Implementation.The City Manager may adopt such other rules and regulations concerning the collection,

removal and hauling of refuse and rubbish as may be necessary to implement the provisions of this Chapter not in conflict with such provisions.

16.12.070 Collection and disposal of refuse and rubbish.A. The occupant and the owner of any premises where any refuse or rubbish is produced or accumulated shall be jointly and severally responsible to provide for collection service and removal of refuse and rubbish to the degree of service necessary to maintain the premises in a clean and orderly condition. Neither the occupant nor owner shall contract or arrange for such collection and removal except with solid waste collectors operating under Chapter 7.16 of the Loveland Municipal Code. An individual may dispose of his or her own refuse and rubbish in conformity with all City and Larimer County regulations, provided that it is properly disposed of at the Larimer County Landfill or at any other disposal site which is approved by the state.B. All moveable refuse containers and recyclable materials shall be kept in a storage area except on collection day, or within twelve hours preceding the time of regularly scheduled collection from the premises, when they may be placed at the curb or upon the edge of the alley. Following collection, they shall be returned to a storage area the same day. Refuse containers and recyclable materials shall not, at any time, be placed on the

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sidewalk or in the street, or in such a manner as to impair or obstruct pedestrian, bicycle or vehicular traffic.C. If plastic bags are used as refuse containers, they must be securely tied or sealed to prevent emission of odors, be of a material impenetrable by liquids and greases, and be of sufficient thickness and strength to contain the refuse enclosed without tearing or ripping under normal handling.

16.12.080 Hazardous waste disposal.No person shall place hazardous waste in refuse containers for collection or bury or

otherwise dispose of hazardous waste in or on private or public property within the City. Residents may contact the County Health Department for recommendations on disposal of hazardous waste. Highly flammable or explosive materials shall be stored and disposed of in accordance with Loveland Fire and Rescue Authority regulations at the expense of the owner or possessor of such materials. Except in response to an emergency and under order and direction of the Loveland Fire and Rescue Authority, in no event shall toxic or flammable liquids or any waste liquid containing crude petroleum or its products be disposed of by discharge into or upon any gutter, street, alley, highway, or stormwater facility, lake, or other watercourse or upon the ground unless such liquid has undergone suitable treatment.

Chapter 16.16

GRAFFITI 16.16.010 Intent.

Graffiti is hereby determined to be a public nuisance because it constitutes a visual blight within the area in which it is located and upon the City generally. The existence of graffiti acts as a catalyst for gang communication, the spread of crime, and other antisocial behavior. It is the intent of this Chapter to prevent the destruction and devaluation of public and private property by the application and continued existence of graffiti, and to provide the City with the ability to abate any such graffiti in order to reduce deterioration of neighborhoods within the City.

16.16.020 Graffiti prohibited.A. It shall be unlawful for any person to apply graffiti upon any public or private property, except with the advance authorization of the owner of the property. B. It shall be unlawful for any person to possess any paint, spray paint, or other substance or article adapted, designed, or commonly used for committing or facilitating the commission of the offense of application of graffiti, with the intent to use the substance or article in the commission of such offense, or with the knowledge that some person intends to use the substance or article in the commission of such offense. C. It shall be unlawful for any owner of property to fail to abate graffiti from such property when the graffiti is visible to public view or from an adjacent property, within three days from the time such person knows, or reasonably should have known, either directly or through such owner’s agents, of such graffiti.

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Chapter 16.20

UNLAWFUL VEHICLES

16.20.010 Intent.It is the intent of this Chapter to protect the health, safety and welfare of the public by

reducing the presence of unlawful vehicles that may serve as attractive nuisances or provide unsafe living conditions.

16.20.020 Unlawful vehicles prohibited.It shall be unlawful for any person to cause or maintain the location or presence of any

unlawful vehicle on any lot, tract, parcel of land or portion thereof, improved or unimproved, within the City. Violation of this section is declared to be a public nuisance. It shall be unlawful for any person to cause or maintain such location or presence of any unlawful vehicle by wrecking, dismantling, rendering inoperable, abandoning or discarding his or her vehicle on the property of another or to suffer, permit, or allow the vehicle to be placed, located, maintained or exist upon his or her own real property, provided this section not apply to a vehicle or part thereof which is:

A. Completely enclosed and screened from public and private off-lot view; or,B. Stored or parked in a lawful manner on public or private property in connection with the business of a licensed vehicle dealer, auto salvage yard, motor vehicle repair garage, or police impound lot; or,C. Completely covered by a commercial vehicle cover, which cover shall be of a single earth tone or neutral color and shall be maintained in good condition, free from holes, rips, tears, or other damage. Tarps, plastic sheets, or any other type of material not specifically designed and manufactured to cover vehicles shall not be used.

Chapter 16.24

UNLAWFUL USE OF VEHICLES OR CAMPING FACILITIES ON PRIVATE PROPERTY

16.24.010 Intent

It is the intent of this section to protect the public health, safety and welfare from the health hazards of the use of motor vehicles, recreational vehicles, tents and other camping facilities for living or sleeping purposes outside of areas specified for such use. Such hazards can include lack of sanitation, trash, noise, and other nuisance activities associated with long-term use of motor vehicles, recreational vehicles, tents and similar camping facilities for living or sleeping purposes in locations not intended for such use. The unlawful use of private property in this way is declared a public nuisance.

16.24.020 Parking for Certain Purposes Prohibited.

It shall be unlawful for any person to occupy any parked motor vehicle, recreational vehicle, tent or other camping facilities on any private property in any zone for the purposes of

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living or sleeping therein, except where expressly permitted by the Loveland Municipal Code. Incidental short-term napping in a motor vehicle or recreational vehicle facility during one twenty-four (24) hour period when such vehicle is parked shall not alone constitute occupancy for living or sleeping purposes. It is not intended by this section to prohibit overnight sleeping in tents or other camping facilities on private residential property by friends or family of the property owner, so long as the owner consents and the overnight use is limited to not more than three consecutive nights.

Chapter 16.28

TREES AND SHRUBS

16.28.010 IntentIt is the intent of this Chapter to protect the health, safety and welfare of the public by

removing trees and shrubs that create dangerous conditions, inhibit travel in public rights-of-way, or threaten the health of other trees in the City.

16.28.020 Property owner responsibilities.It shall be the duty of the owner of property abutting the right-of-way of any street,

alley, sidewalk, or other public place to maintain and care for all shrubs, trees and vegetation on such abutting right-of-way through irrigation, pruning, removal if necessary, and other maintenance activities, unless such duty has been assigned to another party by written document, such as an approved plan. The City shall have the power to require any such property owner to perform such maintenance on any shrub, trees or vegetation on the right-of-way abutting such owner’s property as may be necessary, including to maintain any applicable sight distance triangle pursuant to Chapter 18.05.02.02. A property owner shall not remove a healthy tree within the right-of-way without first obtaining the City's written permission. The City shall make the determination of whether or not a tree is healthy. The violation of this section is declared to be a public nuisance.

16.28.030 Removal of dead and/or dangerous trees.It shall be the duty of the owner of any property to remove any dead trees, dead or

hanging limbs which are dangerous to life or property and which are located on the premises of such owner upon receipt of a Notice and Order to Abate pursuant to Chapter 16.44 to do so and within such reasonable time as specified in such Notice and Order to Abate.

16.28.040 Removal or treatment of infected or infested trees.Upon the discovery of any destructive or communicable disease or other pestilence which

endangers the growth, health, life or well-being of other trees or plants in the city or which is capable of causing an epidemic spread of communicable disease or insect infestation, such as Dutch elm disease or Emerald Ash Borer disease, the City shall at once cause a Notice and Order to Abate to be served upon the owner of the property pursuant to Chapter 16.44 upon which such diseased tree is situated which Notice and Order to Abate shall require such property owner to eradicate, remove or otherwise control such condition within a reasonable time to be specified in the Notice and Order to Abate.

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16.28.050 Exception for trees in ditch banks.Where a tree is growing in the bank of a ditch, the owner of the property on which the

ditch is located shall not be required by any provision of this Code to remove a tree, unless such tree is a danger to life and limb as determined by an enforcement officer.

16.28.060 Replacement of trees.An owner shall only be required to replace a removed tree if such tree is required by an

approved plan.

16.28.070 Sight obstructions.An enforcement officer shall have the authority to enforce Section 12.32.160 with respect to any tree, shrub or other vegetation growing on private property.

Chapter 16.32

WEED CONTROL

16.32.010 Intent.It is the intent of this Chapter to protect the health, safety and welfare of the public by

reducing the occurrence of weeds, grass, brush, or other rank or noxious vegetation which is regarded as a common nuisance.

16.32.020 Weeds and grasses; prohibition, cutting and removalA. It is unlawful for the owner of any property, lot, block or parcel of land within the City to allow or permit the growth thereon of:

1. Noxious weeds which are required to be eradicated under the weed act, regardless of height; or

2. Noxious weeds which are not required to be eradicated under the weed act, except to the extent that such noxious weeds are managed in accordance with the published recommendations of the weed district; or

3. Weeds other than noxious weeds or grasses to a height of more than eight inches (8”), except as permitted in subsections B and C below.

B. The eight inch (8”) height limitation set forth subsection A.3 above shall not apply to ornamental or native grasses so long as such grasses are:

1. Shown on an approved plan and are being maintained in accordance with that plan; or

2. Used solely, or in combination with other ornamental, native or turf grasses, as a supplement to or component of the overall landscaped area located on a property; or

3. Growing in a private or public natural area in a manner consistent with the maintenance of the health of such grasses (including permitting them to grow to a mature height and reseed) and are not a threat to public health or safety.

C. If there is any conflict between the eight inch (8”) height limitation set forth in subsection A.3 above and the published recommendations of the weed district for management of noxious weeds that are not required to be eradicated under the weed act, the published recommendations of the weed district shall control.

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D. Any waste from all destroyed or cut noxious weeds, weeds, grasses or marijuana shall be disposed of so that the property is clean and orderly, and the spread of weeds is prevented.E. It shall be an affirmative defense to a violation of this section that the property upon which the vegetation is growing is City owned property and has been designated by the Director of the Parks and Recreation Department of the City as a natural area, open lands, wildlife corridor, or wetlands, or that the property upon which the vegetation is growing is dedicated public or private natural area as determined by the City's Director of Development Services Department.F. The failure to comply with this section is declared to be a public nuisance.

Chapter 16.36

IMPROPER OUTDOOR STORAGE OF MATERIALS

16.36.010 Intent. This Chapter is intended to protect the health, safety and welfare of the citizens of the

City of Loveland by ensuring that the aesthetics of the City are maintained at a reasonable level.

16.36.020 Improper outdoor storage of materials.A. The improper outdoor storage of materials in violation of this section is hereby declared to be a nuisance and a menace to the public welfare, and no owner or occupant of any residential premises in the City shall cause or permit such condition to exist. This declaration of nuisance, and the prohibitions contained in this Section shall apply only to locations that are visible from a public street, sidewalk, alley or from abutting properties, and shall apply whether or not the materials are sheltered or covered or within a carport or other partially enclosed structure. The storage of materials within a garage or other fully enclosed structure shall not be considered outdoor storage for the purposes of this provision.B. No owner of any residential premises shall permit the outdoor storage on such premises of materials not customarily stored outdoors in residential neighborhoods, such as, but not limited to, construction materials, tires, household appliances, and indoor furniture. Notwithstanding the foregoing, construction materials may be stored outdoors on residential premises for a period not to exceed six months, or for such longer period of time as may have been approved by the City Manager or his or her designee, if such materials are being used in the construction of a structure for which a building permit has been issued by the City.C. In addition to the prohibition contained in subsection B. above, no owner of any residential premises shall otherwise permit the improper outdoor storage of materials on such premises by storing such materials in violation of this subsection. The presence of at least three of the following factors shall constitute the improper outdoor storage of materials under this Subsection:

1. The materials have been stored for an unreasonable period of time, taking into consideration the nature of the materials;

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2. The materials are in disarray and are not kept in a neat and organized manner;3. The materials are in a dilapidated condition or in disrepair;4. The volume, arrangement or type of materials creates a safety hazard for the

property on which they are located or for the neighborhood; 5. The volume of materials is not compatible with the size and configuration of the

lot where they are stored, such as, by way of example but not of limitation, the stacking, piling or other arrangement of materials at a height exceeding a fence or other screening of such materials;

6. The overall appearance of the materials and the manner in which they are stored is not compatible with the character and appearance of neighboring properties.

Chapter 16.40

CHRONIC NUISANCE PROPERTIES

16.40.010 Chronic nuisance properties.

A. Violation. Any owner of property within the City which is determined by the City to be a chronic nuisance property is in violation of this Title and subject to its remedies.B. Determination of chronic nuisance property. An enforcement officer may determine that a property is a chronic nuisance property as defined in this Title. In making this determination, the enforcement officer shall review official documentation such as reports, witness statements, Notices and Orders to Abate, and case files to determine if there are sufficient facts and circumstances to support a determination that the property is a chronic nuisance property. C. Notice.

1. After making a determination that a property is a chronic nuisance property, the enforcement officer will notify the owner of such property in writing that the property is being declared a chronic nuisance property.

2. The notice shall include the following:i. The street address or a legal description sufficient for identification of the

property;ii. A concise description of the nuisance activities that exist or that have

occurred on the property and whether the property is abandoned;iii. A statement that the owner of the property may be subject to penalties as

set forth in this chapter;iv. A demand that the owner of such property respond to the enforcement

officer within ten calendar days of service of the notice to create a plan for abatement; and

v. A statement explaining that if the owner of the property does not respond to the enforcement officer, or if the matter is not voluntarily corrected to

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the satisfaction of the enforcement officer, the City may file an action to abate the property as a chronic nuisance property pursuant to this chapter and/or take other action against the property or owner, including the issuance of a summons and complaint into the Loveland Municipal Court.

3. The notice shall be served by mailing a copy of the notice to the owner and person in charge at his/her last known address, certified mail, return receipt requested and by either:

i. Personal service on the owner and person in charge, orii. By posting a copy of the notice conspicuously upon the property.

D. Abatement plan. 1. An owner and person in charge who receives notice pursuant to this section must,

within ten calendar days, contact the enforcement officer to establish a plan of action in the form of an abatement plan under the terms of which the owner will eliminate the conditions, behaviors or activities which constitute nuisance activities.

2. An abatement plan shall be signed by the owner and shall include the following:i. The name and address of the owner of the property;

ii. The street address or a legal description sufficient for identification of the property;

iii. A description of the nuisance activities to be abated and whether the property is abandoned;

iv. The necessary corrective action to be taken, and a date and time by which the corrective action must be completed;

v. An agreement by the owner that, at reasonable times and upon reasonable notice, the enforcement officer may inspect the property as necessary to determine compliance with the abatement plan;

vi. An agreement by the owner that the City may abate the nuisance and recover its costs and expenses and penalties imposed pursuant to this chapter from the owner if the terms of the abatement plan are not met; and

vii. An acknowledgement by the owner that, if the owner does not comply with the abatement plan, that the City may immediately, as authorized by this Title, issue the owner a summons and complaint into the Loveland Municipal Court for violation of this Title.

E. Enforcement. Nothing in this Title shall be construed as limiting or forbidding the City or any other person from pursuing any other remedies available at law or in equity.F. Appeals. Any owner who disputes the City’s declaration of property as a chronic nuisance property may appeal such declaration as set forth in Section 1.32 of the Code.

Chapter 16.44

ENFORCEMENT

16.44.010 Notice and order to abate.

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A. If any person fails to comply with any section of this Title, Title 15 or Title 18, a written Notice and Order to Abate may be served upon the owner, agent or occupant in charge of such property or upon the person who caused the nuisance as set forth in the Code. Such Notice and Order to Abate may specify the extent of the abatement required as reasonably necessary to protect public health or safety and shall be served by personal service, by regular mail, or by posting on the property with a copy mailed to the owner of the property if the property is not occupied by the owner, stating the requirements for abatement to be completed within the timeframe specified in section 16.44.020 after mailing, posting, or delivery of such Notice and Order to Abate.B. An owner, agent or occupant shall be deemed to have received a Notice and Order to Abate if the Notice and Order to Abate is personally served upon the owner, agent or occupant, posted on the owner’s, agent’s or occupant’s premises, or placed in the U.S. mail, postage prepaid and addressed to the owner, agent or occupant of the real or tangible personal property according to the address of the offense if real property or to the last address given by the owner to the Larimer County Assessor’s Office.

16.44.020 Notice Schedule.The following deadlines shall apply to the issuance of a Notice and Order to Abate. In the

event that the Notice and Order to Abate contains multiple violations with varying deadlines, the least restrictive shall apply to all violations listed in the Notice and Order to Abate, except that if one of the violations is a health hazard, such health hazard shall be removed within twenty-four hours as set forth below.

A. Accumulations of Waste Material:1. Health Hazard: 24 hours2. All other designations: 72 hours

B. Unsanitary Conditions: 24 hoursC. Refuse and Rubbish: 10 daysD. Weed Control: 10 daysE. Removal and Disposal of Abandoned Property Other Than Motor Vehicles: 15 daysF. Graffiti: 15 daysG. Unlawful vehicles: 15 daysH. Trees: 30 daysI. Shrubs: 15 daysJ. Other Nuisances: 15 days

16.44.030 Complaint of nuisance.A. An enforcement officer may issue a Notice and Order to Abate after receiving a complaint and/or witnessing the violation personally using the following process:

1. The complainant must identify the location, concern and duration of the offense.2. A record or incident report shall be kept of any such complaint and investigation.3. The Notice and Order to Abate shall state that a complaint has been received

and/or violation has been observed, recite the date of the alleged violation, and conclude that the owner, agent or occupant has violated a section of this Title or Titles 15 or 18. The Notice and Order to Abate shall advise the owner, agent or occupant of the possible penalties for a violation of the Code. The Notice and Order to Abate shall be identified as being issued by any police or enforcement

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officer empowered by the City to enforce the provisions of this Title or Titles 15 or 18.

B. If provided, the identity of a complainant shall be kept confidential until a violation of this Title, Title 15 or Title 18 is charged into the Loveland Municipal Court by issuance of a summons and complaint. If a violation of this Title, Title 15 or Title 18 is to be charged into the Loveland Municipal Court, the enforcement officer may require the complainant to sign an affidavit attesting to the violation or verify in writing the allegations of a complaint prior to its service upon the owner, agent or occupant.

16.44.040 Violations and Penalties.A. An enforcement officer may issue a summons and complaint into the Loveland Municipal Court pursuant to Rule 204 of the Colorado Municipal Court Rules to any person who fails to comply with a Notice and Order to Abate within the specified timeframe in section 16.44.020.B. A violation of the requirements of this Title, Title 15 or Title 18 shall be punishable as provided by Chapter 1.12 of the Loveland Municipal Code.

16.44.050 City removal and assessment.A. If a Notice and Order to Abate is served under this Title, Title 15 or Title 18, and if the nuisance has not been abated within the stated timeframe, the City Manager may cause a Notice and Order of Abatement to be served upon the owner or agent in charge of such property, either by personal service, by posting on the property or by regular first class mail, which Notice and Order of Abatement shall allow the City to enter upon the property or premises or in the adjoining streets and alleys and abate the nuisance and assess the whole cost thereof, including ten percent for inspection and other incidental costs in connection therewith, upon the land. B. The costs and any charges assessed by the City under this Chapter associated with abatement of any nuisance shall be paid by the owner of the property or agent for such owner within thirty days after mailing of the bill or assessment of such cost by the City to the said owner or agent.C. If the owner or agent fails to pay the charges associated with abatement within the described thirty day period, a notice of the assessment shall be mailed via certified mail by the City to the owner of the property, notifying the owner that failure to pay the assessed amount within ten days of the date of the letter shall cause the assessment to become a lien against the property.D. Failure to pay the amount assessed for abatement services including inspection and incidental costs within the ten day period specified in the notice of assessment shall cause the owner of the property to be subject to the lien and collection provisions of Chapter 3.50 of this Code.

16.44.060 Administrative Review of Assessment.Any owner who disputes the amount of an assessment made against such owner's property under this Title, Title 15 or Title 18, may, within twenty days of receipt of notice of such assessment, petition the City Manager for a revision or modification of such assessment in accordance with Chapter 1.32 of this Code.

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Section 15. That nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, liability incurred, or cause of action acquired or existing under any ordinance hereby repealed, nor shall any legal right or remedy of any character be impaired by this Ordinance.

Section 16. That if any title, chapter, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid or unconstitutional.

Section 17. That the City Council hereby finds, determines, and declares that this ordinance is necessary for the preservation of the public health, safety and welfare.

Section 18. That copies of this Ordinance shall be kept on file with the Loveland City Clerk and are open to public inspection.

Section 19. That as provided in City Charter Section 4-9(a)(7), this Ordinance shall be published by title only by the City Clerk after adoption on second reading unless the Ordinance has been amended since first reading in which case the Ordinance shall be published in full or the amendments shall be published in full. This Ordinance shall be in full force and effect ten days after its final publication, as provided in City Charter Section 4-8(b).

ADOPTED this ___ day of , 2020.

____________________________________Jacki Marsh, Mayor

ATTEST:

City Clerk

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Loveland Municipal Code [as currently adopted]


CHAPTER 7.30. - GRAFFITI

7.30.010 - Purpose.

Graffiti is hereby determined to be a public nuisance because it constitutes a visual blight within the area in which it is located and upon the city generally. The existence of graffiti acts as a catalyst for gang communication, the spread of crime, and other antisocial behavior. It is the intent of this chapter to prevent the destruction and devaluation of public and private property by the application and continued existence of graffiti, and to provide the City with the ability to abate any such graffiti in order to reduce deterioration of neighborhoods within the city.

7.30.020 - Definitions.

As used in this chapter, the following definitions shall apply:

City manager means the city manager of the City of Loveland, Colorado, or the city manager's designee.

Enforcement officer means a code enforcement officer of the City of Loveland.

Graffiti means any defacing of public or private property by means of painting, drawing, writing, etching, inscription, or carving with paint, spray paint, ink, knife, or any similar method, with any contrast medium whatsoever, without advance authorization by the owner of the property or, which despite such advance authorization, is otherwise a public nuisance.

Owner means any person who is specified as the owner of property by the records of the Larimer County Assessor, or any person leasing, occupying or having control or possession of any property in the city.

Property means any real or personal property, including without limitation, vacant land, improvements to land, fixtures, buildings, structures, vehicles, and dumpsters.

Public nuisance means any condition affecting a property which: (1) creates a health or safety hazard; (2) directly or indirectly causes the devaluation of the property or of any neighboring property; (3) constitutes a gang communication; or (4) promotes crime, vandalism or gang communication.

7.30.030 - Graffiti prohibited.

A.It shall be unlawful for any person to apply graffiti upon any public or private property, except with the advance authorization of the owner of the property.

B.It shall be unlawful for any person to possess any paint, spray paint, or other substance or article adapted, designed, or commonly used for committing or facilitating the commission of the offense of application of graffiti, with the intent to use the substance or article in the commission of such offense, or with the knowledge that some person intends to use the substance or article in the commission of such offense.

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C.It shall be unlawful for any owner of property to fail to abate graffiti from such property when the graffiti is visible to public view or from an adjacent property, within three days from the time such person knows, or reasonably should have known, either directly or through such owner's agents, of such graffiti.

7.30.040 - Notice and order of abatement.

If any person fails to comply with Section 7.30.030.C, a written Notice of Violation and Order of Abatement may be served by the City upon the owner or agent in charge of such property, requiring abatement of the graffiti within 15 days after mailing or delivery of such notice. Such notice and order shall be served by personal service, by regular mail, or by posting on the property.

7.30.050 - City removal and assessment.

A.If a Notice of Violation and Order to Abate is served pursuant to Section 7.30.040, and if the graffiti has not been abated within the stated time, the city manager may cause a Notice of Abatement to be served upon the owner or agent in charge of such property, either by personal service or by posting and certified mail, which notice shall allow the City to enter upon the property and abate the graffiti, and assess the whole cost thereof, including ten percent for inspection and other incidental costs in connection therewith, upon the land. The Notice of Abatement shall allow the owner a period of time, of not less than 20 days, within which the owner may contact the city manager in writing, to object to the abatement of the graffiti by the City and to request an appeal hearing before the municipal court.

1.If, after receiving a Notice of Abatement, an owner timely objects in writing to the City entering the subject property to abate, cover, or remove the graffiti, an administrative appeal hearing with the municipal court shall be scheduled within 15 days. The owner shall be given written notice of such hearing by personal service or by certified mail, addressed to the owner at the address specified in the written objection filed by the owner.

a.At the hearing, the enforcement officer shall present evidence regarding the existence of graffiti on the subject property. The owner may then present evidence and show cause why the graffiti should not be abated forthwith.

b.If the municipal court finds by a preponderance of the evidence that graffiti exists on the property as alleged and that the owner has failed to abate such graffiti without good cause, then the municipal judge shall issue an administrative order and warrant requiring abatement of the graffiti by the owner, and authorizing the City or its private contractors to enter upon the property for the purpose of abating, covering, or removing such graffiti, if the owner has not abated such graffiti within five days of the administrative order and warrant, and to assess the whole cost thereof, including ten percent for inspection and other incidental costs associated therewith, upon the land. The costs and any charges for graffiti abatement, assessed by the City pursuant to this chapter, shall be paid by the owner of the property or agent for such owner within 30 days after mailing of the bill or assessment of such cost by the City to said owner or agent. The City shall have the right to proceed for the collection of any unpaid charges for graffiti abatement in the manner provided

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by law for collection of debts and claims on behalf of the City, including without limitation, the collection and lien procedures provided in this section.

2.If, after receiving a Notice of Abatement, the graffiti has not been abated and no objection to the City entering the property has been received by the City within the 20-day period following such notice, the enforcement officer may arrange for City employees or private contractors to enter upon the property and abate, cover, or remove such graffiti. The owner shall pay all reasonable costs for the abatement of such graffiti, including ten percent for inspection and other incidental costs associated therewith. The costs and any charges for graffiti abatement, assessed by the City pursuant to this chapter, shall be paid by the owner of the property or agent for such owner within 30 days after mailing of the bill or assessment of such cost by the City to said owner or agent. The City shall have the right to proceed for the collection of any unpaid charges for graffiti abatement in the manner provided by law for collection of debts and claims on behalf of the City, including without limitation, the collection and lien procedures provided in this section.

B.In addition to the process and procedures the City may pursue to abate graffiti as provided above in Subsection A of this Section, if a property owner does not abate the graffiti, or make arrangements satisfactory to the city manager for the abatement of such graffiti, within 20 days after service on the owner of the Notice of Abatement as provided above in Subsection A, and the city manager determines that entry onto the property is opposed by the property owner or will be technically difficult or if the city manager wishes to clarify the appropriate nature and conditions of entry upon the land, the city manager may also submit an affidavit to the municipal court in support of a request for an administrative warrant to authorize entry upon the property to remove graffiti. Such affidavit shall set forth probable cause to believe that graffiti exists on the property and shall specify that the owner of the property has not removed the graffiti following notice to do so. Upon receipt of such affidavit and determination of probable cause, the municipal court shall issue a warrant authorizing the manager or the manager's agents to enter upon the property as needed to abate the graffiti.

C.If the owner fails to pay the charges associated with graffiti abatement within the described 30-day period, a Notice of Assessment shall be mailed via certified mail by the City to the owner of the property, notifying the owner that failure to pay the assessed amount within ten days of the date of the letter shall cause the assessment to become a lien against the property.

D.Failure to pay the amount assessed for graffiti abatement including inspection and incidental costs within the ten-day period specified in the notice of assessment shall cause the owner of the property to be subject to the lien and collection provisions of Chapter 3.50 of this Code.

E.If the City proceeds with abatement of graffiti as provided in this section, and such abatement is effectuated by painting over said graffiti, the City shall not be required to use paint that matches the preexisting paint in color or kind, but shall use reasonable care in selecting the type and color of paint used. In this regard, a rebuttable presumption shall arise and be deemed to exist in any proceeding under this chapter and in other judicial proceeding related in any way to the City's abatement of the graffiti to the effect that the eradication of graffiti with contrasting paint does not damage private property more than does the continued presence of such graffiti on the property.

(Ord. 5683 § 4, 2012)

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7.30.060 - Administrative review of assessment.

Any owner who disputes the amount of an assessment made against such owner's property under Section 7.30.050 may, within 20 days of the date of the initial notice of such assessment, petition the city manager for a revision or modification of such assessment in accordance with the administrative appeal provisions in Chapter 7.70 of this title.

7.30.070 - Owners have ultimate responsibility for violations.

Every owner remains liable for violations of responsibilities imposed upon an owner by this chapter even though an obligation is also imposed on the occupant of the premises and even though the owner has by agreement imposed on the occupant the duty of maintaining the premises.

7.30.080 - No duty upon city.

Nothing in this chapter shall impose an affirmative duty upon the city manager to remove or eradicate graffiti. Nothing in this chapter shall prevent the city manager or the municipal judge from providing additional notice and time for abatement to a property owner or agents of a property owner, should it appear to the manager or the judge that such extra notice and time for abatement is likely to produce prompt removal of the graffiti.

7.30.090 - Concurrent remedies.

The remedies set forth in this chapter shall not be exclusive, and nothing in this chapter shall restrict the City from concurrently pursuing criminal enforcement of any violations of this Code or pursuing any other remedy provided by law.

7.30.100 - Penalties.

Any person found guilty of violating any provisions of this chapter shall be sentenced in accordance with Chapter 1.12 of this Code. Additionally, any person found guilty for violating Subsection 7.30.030.A of this chapter, may be ordered by the court to abate any graffiti they have caused, or pay for any such abatement as provided by the City or other property owner.

(Ord. 5549 § 2, 2011)

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https://library.municode.com/co/loveland/codes/code_of_ordinances?nodeId=LOCOMUCO_TIT7HESAWE_CH7.70ADAPPR

https://library.municode.com/co/loveland/codes/code_of_ordinances?nodeId=LOCOMUCO_TIT1GEPR_CH1.12FIPE

Regional Comparison: Graffiti Regulations

PC ATTACHMENT 6 1

CommunityResponsible Department

Notes

Loveland Police & Code Enforcement

Chapter 7.30 of the Municipal Code addresses Graffiti. It is prohibited nuisance. It is unlawful for a property owner not to abate graffiti visible to the public from an adjacent property within 3 days. Issuance of a Notice requires abatement within 15 days. The City may abate the graffiti and charge the owner this cost (plus 10%).

The Police Dept. initially responds to graffiti complaints and forwards the complaints to the Code Office. The Code Office provides a courtesy letter to the property owner requesting abatement. If abatement does not occur within a reasonable timeframe, a Notice and Order is sent to the owner. If the graffiti is on City property, Code Enforcement alerts the responsible department.

Longmont Public Works

Longmont has an ordinance, Section 16.20.220, addressing graffiti that is administered by Public Works. The property owner is responsible for restoration and maintenance. If not removed within 10 days, the City or its agents may enter the property and eradicate the graffiti and may pursue cost recovery (+ 20%) from the property owner.

Fort Collins Streets Dept./Graffiti Abatement Team

The City of Fort Collins has a graffiti hotline. The Graffiti Abatement Team will assist with removal. The goal is to abate in 2 days. Emphasis is on prevention. Removal, however, is the responsibility of the property owner.

Greeley Public WorksStreets Division

Graffiti is a public nuisance. The property owner is responsible for graffiti removal; but, if it is reported to the City in 72 hours, the City removes it for free with authorization from the property owner, see Chapter 9.60 of the Greeley Municipal Code. The Public Works, Streets Division administers the removal process.

Larimer County

Code Compliance Section

Graffiti is an identified as an offense and is the responsibility of the property caretaker (owner, lessee or occupant) to remove. A notice for removal can be served by a peace officer or code compliance officer to the property caretaker. Abatement must occur within 10 days of the notice; if not, the County or its assigns may enter the property and abate the graffiti, and charge for removal. If timely objection to entry by the County occurs, a hearing is scheduled with the Board of Commissioners.

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planning commission - 24 aug 2020

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