HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 11/07/2022 - WORK SESSIONNOTICE:
Work Sessions of the City Council are held on the 2nd and 4th Tuesdays of each month in
the Colorado Room of the 222 Building. Meetings are conducted in a hybrid format, however
there is no public participation permitted in a work session.
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Fort Collins City Council
Work Session Agenda
6:00 p.m. Tuesday, November 7, 2022
Colorado Room, 222 Laporte Ave, Fort Collins, CO 80521
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A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para
personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas
con discapacidad, para que puedan acceder a los servicios, programas y actividades de la
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favor proporcione 48 horas de aviso previo cuando sea posible.
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City of Fort Collins Page 1 of 2
City Council
Work Session Agenda
November 7, 2022 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Shirley Peel, District 4
Kelly Ohlson, District 5
Colorado River Community Room
222 Laporte Avenue, Fort Collins
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Comcast
Carrie Daggett Kelly DiMartino Anissa Hollingshead
City Attorney City Manager City Clerk
CITY COUNCIL WORK SESSION
6:00 PM
(Rescheduled to Monday, November 7)
A) CALL MEETING TO ORDER
B) ITEMS FOR DISCUSSION
1. 1041 Regulations Project Update.
The purpose of this work session is to: 1) seek direction on the proposed timeline options; and
2) update Council of the version-two draft 1041 Regulations scope changes.
2. Southeast Community Center and Aquatics Update.
The purpose of this work session is to provide an update on the options for the Community Capital
Improvement Program (CCIP) funded Southeast Community Center with Outdoor Pool project.
3. Overview of Public Nuisance Ordinance.
The purpose of this item is for Council to discuss a new public nuisance ordinance (PNO) that
allows for a clearer, broader definition of public nuisance and adds new enforcement mechanism
for abating public nuisances and chronic nuisance properties. The new PNO would allow staff to
address the current community issues and nuisance situations more effectively.
C) ANNOUNCEMENTS
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City of Fort Collins Page 2 of 2
D) ADJOURNMENT
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide 48 hours advance notice when possible.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo
cuando sea posible.
Page 2
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 6
November 7, 2022
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Kirk Longstein, Senior Environmental Planner
Rebecca Everette, Planning Manager
Brad Yatabe, Legal
SUBJECT FOR DISCUSSION
1041 Regulations Project Update.
EXECUTIVE SUMMARY
The purpose of this work session is to: 1) seek direction on the proposed timeline options; and 2) update
Council of the version-two draft 1041 Regulations scope changes.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Do Councilmembers support extending the length of the moratorium to allow for final refinements to
the code and additional outreach?
2. Do Councilmembers have feedback on the proposed scope to shift focus to greatest areas of impacts
rather than major projects?
3. Do Councilmembers support exempting projects previously approved through Site Plan Advisory
Review (SPAR), while still requiring 1041 permitting for projects not approved through SPAR?
BACKGROUND / DISCUSSION
Based on Council’s discussion at the June 28 work session and continued public engagement, staff has
updated the draft 1041 Regulations to incorporate additional feedback. The Regulations have been
significantly revised since the initial draft was released in June 2022. Staff recognizes that
Councilmembers still have questions about the current scope of the Regulations and the options
presented, so this work session seeks additional Council guidance ahead of first reading.
What are 1041 Regulations?
1041 powers allow local governments to identify, designate, and regulate areas and activities of state
interest through a local permitting process. The general intention of these powers is to allow for local
governments to maintain their control over particular development projects even where the development
project has statewide impacts. Areas and activities of state interest are specifically prescribed within HB74-
1041.
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Item 1.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 6
Project History and Moratorium Scope
During a regular Council meeting held on May 4, 2021, Councilmembers adopted Resolution 2021-055,
which directed staff to evaluate whether 1041 Regulations would help the City achieve its policy goals and
to research the feasibility of adopting 1041 Regulations.
At a July 27, 2021 Council work session, staff presented lessons learned from communities that have
adopted 1041 Regulations and entities with experience in applying for 1041 permits in other jurisdictions.
Staff also presented a list of public projects recently administered through the Site Plan Advisory Review
Process (SPAR) that could be considered “activities of statewide interest.” Through this initial research
and engagement, staff concluded that adopting 1041 Regulations could offer the City greater authority
over large public infrastructure projects currently subject to the SPAR process. Additionally, it would help
the City achieve several City Plan policy objectives, including:
Direct development in a way that ensures compatibility between adjacent land uses;
Minimize infrastructure and resource needs; and
Protect historic and natural resources.
At the September 21, 2021 regular Council meeting, staff presented options that focused on development
pressure the City may face in the mid-term (within 10 years). Council conducted a public hearing that
designated the activities and imposed a moratorium on such activities with the caveat that prior to the
second reading staff would perform additional engagement to identify which specific development projects
could be impacted by a moratorium. Councilmembers also requested more detail around the procedural
requirements for an exemption request to the moratorium.
At the October 19, 2021 regular Council meeting, staff returned for second reading on the designation
ordinance and provided additional information on specific projects that could be impacted by a moratorium,
and the procedural requirements for an exemption request to th e moratorium. The designation ordinance
was adopted on second reading and a moratorium imposed on development projects falling under the
designated activities until December 31, 2022.
The scope of the Moratorium includes:
Water and Sewer Systems that consist of pipelines designed for transmission of treated or untreated
water or sewage that are contained within new permanent easements greater than 30 feet in width, or
within new permanent easements greater than 20 feet in width that are adjacent to existing easements,
or will use two or more parallel lines that are within 120 square inches of each other when viewed in
cross-section
Projects to upgrade existing water and sewer facilities, including repairing and/or replacing old or
outdated equipment, or installing new equipment
Interchanges associated with arterial highways located within City Natural Areas or parks
At the June 28, 2022 work session, staff presented an overview of key components of the version-one Draft
1041 Regulations, the outreach and research performed to date, next steps in the engagement process,
and schedule for full adoption. The Regulations were developed with assistance from legal and community
engagement consultants. Councilmember feedback included:
Request to establish a time period for holding a pre-application process to align with the legislative
intent of the 90-day period.
Some concern over the term “significant” as being arbitrary and potentially too high of a bar.
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Item 1.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 6
Support for a tiered review process and the overall permitting timeline as long as the Regulations
are done right.
Request to closely evaluate exemptions to make sure they do not result in loopholes.
Request for responses to comments on the draft Regulations from Save the Poudre.
Request for a balanced engagement process to ensure entities being regulated are not carrying
more influence than those potentially affected by projects.
Timeline Considerations
In references to the memo circulated to Councilmember October 13, 2022, staff is prepared to make
modifications to the version-two draft 1041 Regulations and extend the moratorium based on Council’s
direction. If first reading of the Ordinance is delayed as recommended, or if, on first reading, significant
changes to the draft Regulations warrant additional public engagement or legal review, staff is prepared
to present to Council an Ordinance during the November 15 regular session to extend the length of the
moratorium by 3 months. The following options represent two timeline scenarios that may be appropriate
based on Council direction:
Timing for Council Consideration
Scenario 1
Work Session – November 7
First Reading – December 6
Second Reading – December 20
Moratorium expires December 31
Scenario 2
Work Session – November 7
Ordinance extending length of moratorium for 3 months – November 15
First Reading – December or January
Second Reading – January or February
Proposed Scope of Regulations
For easier reference by Councilmembers, staff has prepared a summary document that provides a
snapshot of the major revisions between version one and version two of the draft 1041 Regulations. (See
Policy Comparison)
Per Council’s direction, staff has proposed the following scope changes to the Fort Collins 1041 permitting
program. The organization and numbering align with the Land Development Code standards adopted by
Council on first reading on October 18, 2022.
Version One of the draft Regulations included the types of projects described in the designation ordinance,
and would apply to projects throughout the City (edge to edge and not in specific geographic locations):
1. New arterial highways, interchanges, and collector highways.
2. Expanded arterial highways, or collector highways that would result in either:
a. An increase in road capacity by at least one vehicle lane; or
b. Expansion or modification of an existing interchange or bridge.
3. New wastewater treatment plants.
4. New or extensions to major domestic water and sewage treatment systems.
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Item 1.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 4 of 6
Version Two includes the same activities of interest (as designated previously and noted above) but is
limited to a narrower geographic scope, slightly modified from the scope of the moratorium, as follows:
1. Projects otherwise within the scope of the Regulations that either:
a. Are located on (or cross through) an existing or planned future City Natural Area or park,
whether developed or undeveloped; or
b. Are located on (or cross through) City building sites or other non-right-of-way property
owned by the City, whether developed or undeveloped.
For Council discussion, this version also includes within its scope projects that:
c. Are located within an existing or potential future Natural Habitat Buffer Zone, as defined in
the Land Use Code; or
d. Have potential to adversely impact historic resources.
Natural Habitat Buffer Zones
Development standards related to the protection of natural habitats and features are included within
Section 3.4.1 of the current Land Use Code (Section 5.6.1 of the NEW Land Development Code). The
standards apply if any portion of a development site is within five hundred (500) feet of a natural habitat or
feature identified on the City's Natural Habitats and Features Inventory Map, or if any natural habitats or
features with significant ecological value are discovered during site evaluation associated with the
development review process. The Code prescribes protective buffers around specific features in addition
to a list of performance standards that must be met by the development project.
The inclusion of natural habitat buffer zones within the scope of the 1041 regulations follows a similar
methodology prescribed by the Land Use Code since 1997. For example, if a project is covered by a 1041
regulatory designation and is located within 500-feet of a natural habitat feature identified by the inventory
map, the applicant must provide an Ecological Characterization Study (and any additional environmental
impact analysis) during the 1041 pre-application review. If a feature is not included on the natural habitat
inventory map, and a third-party ecological characterization study finds a previously unidentified feature,
staff would consider these newly identified features within its 1041 pre-application review.
Staff recommends using the Natural Habitats and Features Inventory Map: 1.) It narrows the scope of the
1041 permitting process to protect high value habitat previously identified through a focused natural
resources inventory; and 2.) provides more predictability for 1041 applicants through the initial pre-
application FONAI process; and 3.) assists staff and applicants in the identification of alternative locations
with diminished adverse impact.
The Natural Habitats and Features Inventory Map was last updated in the year 2000 and does not fully
capture existing natural resources throughout the City. If Council supports including Natural Habitat Buffer
Zones in the scope of the 1041 Regulations, an update to the map would be required as part of the
implementation of the Regulations. A supplemental appropriation may be necessary to fund this work.
Consideration for Local Historic Resources
The proposed scope changes within version two of the draft 1041 Regulations also aligns with the Historic
and Cultural Resources Development Standards in Section 3.4.7 of the current Land Use Code (Section
5.8 of the NEW Land Development Code). Inclusion of these standards within 1041 Regulations mirrors
the City’s existing requirements for private developers to 1041 designated project types that are typically
reviewed via the Site Plan Advisory Review (SPAR) process.
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Item 1.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 5 of 6
Since the draft 1041 Regulations were designed to apply largely to water, utility and transportation projects,
a key reason for inclusion of historic resources in these Regulations is that water and utility projects are
likely to effect areas of high concern either for archaeological resources or places of cultural significance
to indigenous peoples, such as water projects along or near the Poudre River or stream corridors identified
by the Natural Habitats and Features Inventory Map. The presence of archaeological resources is difficult
to predict, both because these resources are below the ground and because access to locations of already-
identified archaeological sites is protected under federal law. Under the existing federal process for cultural
resource protections, professional archaeologists are hired to clear a site before construction and are on-
site as monitors during excavation. At present, for developments that require City permits, the City uses a
200 foot buffer from waterways as a metric for archaeological monitoring for other permitted excavation
types, such as small cell wireless facility installation.
Since archaeological resources are the main historic resource of concern for 1041 review it is important to
note that, in most cases, projects can still proceed if they discover archaeological resources in their project
areas. Typical practice (established in federal permitting) is to avoid archaeological resources if possible,
or if not possible, pause construction to excavate those identified archaeological sites, all at the project
sponsor’s expense.
For infrastructure projects that have a federal nexus (i.e., federally-funded CDOT highway projects, Army
Corps permitting for improvements along the Poudre River, etc.), a similar cultural resource review is
already required under the National Historic Preservation Act along with other federal and state
laws/regulations. These laws typically do not require consideration of properties determined historically
significant by the municipality (the standard for consideration is generally eligibility for the National Register
of Historic Places). The main benefit of adding this type of process at the local level is to ensure that City
Landmarks and Landmark-eligible properties, not just those that qualify for federal historic designation, are
considered in infrastructure project reviews within city limits. Existing federal and state laws and project
review processes do not require protection for locally-designated City Landmarks.
Threshold Size for Infrastructure Subject to 1041 Regulations
The version two draft of the 1041 regulation scope includes a reference to service lines and distribution
lines that fall within the definitions of designated activities. However, project size (e.g., pipe diameter) is
not the best proxy for environmental impacts. Version two replaces project size thresholds with impacts
to City properties, natural habitat features and historic resources – locations where adverse impacts are
most likely to occur.
For example, gravity-fed wastewater pipes could be laid fairly deep but not be of a "large" diameter. The
depth of the pipe dictates the impact because the project would require deeper trenches, likely have more
spoil piles of excavated material, widened easements for work, larger machinery, etc. Using water projects
as an example, the system can be pressurized, so a transmission line could be reduced in diameter through
pumps. Based on public feedback, the revised scope of the Regulations intends to focus on impacts to
specific resources, rather than project design attributes like pipe size or easement width.
Site Plan Advisory Review (SPAR) and 1041 Regulations
The Site Plan Advisory Review (SPAR) process requires the submittal and approval of a site development
plan that describes the location, character and extent of improvements to parcels owned or operated by
public entities. In addition, with respect to public and charter schools, the review also has as its purpose,
as far as is feasible, that the proposed school facility conforms to the City's Comprehensive Plan. The
SPAR review criteria are more general than the Land Use Code standards for private projects, and a
degree of interpretation is necessary in reviewing a given project. SPAR is often referred to as a “Location,
Character, and Extent” review. Once reviewed, staff provide a recommendation and the Planning and
Zoning Board consider a SPAR approval or disapproval of an application in a public hearing held within
sixty (60) days after receipt of the application under Section 31-23-209, C.R.S. If disapproved, the SPAR
decision may be overturned by the governing body of the public agency (by a 2/3 majority vote).
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Item 1.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 6 of 6
The main difference between 1041 Regulations and SPAR is the City’s advisory versus regulatory role.
Additionally, SPAR projects are not evaluated for compliance with Land Use Code standards per se, as in
other types of development, and it should be noted that 1041 review standards require more rigorous
documentation and analysis than the materials required through a SPAR process.
Based on public feedback, staff presents the following options for Council to consider:
Option 1 – Exempt all projects previously reviewed through the SPAR process.
Option 2 - Exempt projects previously approved through the SPAR process.
Option 3 – No exemptions for previously reviewed SPAR projects.
NEXT STEPS
Recalibrate timelines for adoption based on Council feedback, including an extension to the
moratorium if necessary.
Seek additional public input on version two of the draft 1041 Regulations, as necessary.
Schedule first reading of the 1041 Regulations.
ATTACHMENTS
1. Public Engagement Summary
2. Summary of Draft 1041 Regulations – Comparison of Versions
3. Natural Habitats and Features Inventory Map
4. Natural Areas Map
5. Designation Ordinance
6. Public Comment – NISP and Northern Water
7. Public Comment - Greeley
8. Presentation
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Item 1.
1041 Parameters Version 1 (June 2022) Version 2 (October 2022)
Pre-Submittal Required No specific time requirement adds a 28 day requirement for Director to make FONAI determination and a 60
day time frame for staff to review and deem application complete
Using Term Significant
Used in various standards and as a
way to differentiate projects subject
to the regulations
Reworking of the FONSI to become the FONAI or finding of negligible adverse
impact. 1.) Change from a significant impact standard to a review of whether
there are adverse impacts of any kind. To the extent there are adverse impacts,
mitigation can compensate for the adverse impacts in order to meet a standard.
IGAs Provided as an option to reduce
procedural burden on applications Section Removed
Thresholds No specific thresholds
Narrowing of the scope of projects to which the 1041 regulations apply. They
include: City Parks, Natural Areas, Natural Habitat Buffer Zones, Cultural
resources
Exemptions
Used current definition of
development to determine which
projects would be subject to
regulations. Definition contains
exemptions for CDOT and utility work
within the ROW or existing
easements
update the definition of development to include work with right away and
existing easements; included a new exemption for private development
required to perform utility or roadwork as part of development project subject
to LDC
Arterial & Collector Hwys,
Interchanges Additions to the Definitions:
1. Are located on (or cross through) an existing or planned future City natural
area or park, whether developed or undeveloped; or
2. Are located within an existing or potential future buffer zone of a natural
habitat or feature, as defined in the Land Use Code; or
3. Have potential to adversely impact historic resources.
New Water & Sanitation
Water Extensions
Decision Maker Administrative permit and Full permit Eliminated the administrative permit; made City Council the sole decision maker
Financial Security Required Yes
1.) Language that allows the City to retain third party experts to assist in review
at the applicant’s cost.
2.) More detailed language regarding inspection and monitoring of projects.
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Item 1.
PUBLIC ENGAGEMENT SU MMARY
Over the last ten months, staff sought input from community partners on 1041 regulations for
water and highway projects that are (1) contextually appropriate to Fort Collins, (2) provide
predictability for developers and decision makers, and (3) provide adequate guidance for staff
review and implementation of permits.
Throughout the time since the release of the initial draft code in June to the present, in addition
to organized outreach events, staff has met or spoken by phone at length with individual
stakeholders, both in support of and opposed to the regulations, to discuss questions and
feedback in great detail. Staff has listened deeply and worked to find balance among the
perspectives and concerns expressed by various individuals, organizations, utility providers,
agencies, developers, Boards and Commissions, and Northern Colorado communities.
Significant revisions in the current draft regulations are in direct response to the insights and
information gathered through these conversations.
The following table summarizes feedback from public comments, an anonymized survey, 1:1
discussions and focus group meetings as they relate to various community priorities:
Community Feedback Themes
Housing
Resilience
Value for natural habitat features that increase community wellbeing through
benefits like clean air, landscape aesthetics, and flood control.
Concerns that environmental regulation can impact the supply of housing if they
increase the amount of time necessary to build housing units.
High
Performing
Government
Value for transparency, access to more information and opportunities to address
inequities.
Concerns that additional permitting requirements are redundant, create
uncertainty, project delays, require additional time, and investment in City-
specific mitigation requirements.
Economic
Resilience
Preference for local control of large projects to ensure community-wide benefits
are realized.
Importance of balancing the burdens of bureaucracy and the demands of a fast -
growing community.
City Council:
The current draft of the regulations was structured around the feedback received from City
Council at the June 28 Work Session and subsequent input. The following feedback themes
were shared by Council during the Work Session and addressed by staff.
City Council Feedback How has Staff Addressed Feedback?
Create right guardrails for 1041
applicability.
Staff have clarified ordinance text to align more closely with
the thresholds from the moratorium ordinance, while still
protecting natural habitats and features from adverse
impacts.
Review exemptions to ensure they
don’t result in loopholes.
Concern over the term
“significant” as being arbitrary and
too high of bar.
Staff have removed the term significant and are relying on
the definition of “adverse impact” and full mitigation for permit
issuance.
Support tiered review process as
long as it works.
Staff have removed the administrative review and is keeping
the” Finding of Negligible Adverse Impact” concept so that a
relief valve is provided for smaller projects and City Council is
the sole decision maker on larger projects requiring permits.
Establish time period for pre-
application process.
Maximum time periods have been incorporated into the pre-
application process.
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Item 1.
Focus Groups:
Focus groups played a key role in reviewing Code language and providing specific feedback
that staff have addressed in an updated draft regulations. The focus groups included:
Colorado Department of Transportation (CDOT) staff
Environmental advocacy group representatives
Economic and Regional representatives (homebuilders, elected officials, Chamber of
Commerce, CSU)
Water and Sanitation Providers
Boards and Commissions representatives
Stakeholder Feedback How has Staff Addressed Feedback?
How does 1041 lead to a better
project outcome and enhance overall
community benefits?
Review criteria include the City's Natural Habitats and
Features Inventory Map, which aligns with the
community’s values to preserve natural resources.
The permit program introduces an
administrative burden that adds time
and cost.
Updated review criteria, articulating the role of
mitigation, and aligning with existing City maps of
natural habitat features intend to provide additional
certainty for agencies planning a multiyear infrastructure
project.
Ambiguous approval process adds
project uncertainty.
Staff have removed “tiered review” so that City Council
is the sole decision maker.
1041 is redundant with
multijurisdictional requirements and
is out of sync with federal funding
opportunities.
The focus of the scope and review criteria seeks to
address gaps in other jurisdictional procedures. For
example, the city can ensure protection and mitigation of
resources that may not be protected by County, State or
Federal regulations.
Regs should allow more flexibility
and exemptions
Updates to the City’s definition of development intend to
create certainty and narrow the scope of projects
covered under the 1041 regulations.
1041 regs should be applied to
private development and not public
agencies.
Fort Collins Utilities is a public agency leading by
example and partnering with City Planning staff to
ensure regulations align with the service delivery
commitments of Utilities and the values of the
community.
Uncertainty around the use of
Intergovernmental Agreements in
lieu of permitting.
The current draft removes this provision.
Requirements for water conservation
and other programs in the system of
an applicant water provider go
beyond the City’s appropriate reach.
The current draft removes requirements related to the
applicant’s system that are not physically within the
scope of the regulations.
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Item 1.
Public Participation Activities:
Throughout 2022, the general public was invited to participate and engage through online
activities, public events and one-on-one meetings with City staff. Throughout the engagement
process key questions included:
Parameters, Exemptions, and Thresholds
o How do staff determine what project categories are regulated?
o How does the program provide a clear review process?
Review Criteria
o What are the parameters of an adverse impact?
Application requirements
o What is needed to determine an application complete?
Application review process
o Who is the decision maker
o What is the appeals process?
Boards and
Commissions Dates
Water Board 9/16/2021 8/18/2022 11/17/2022
Transportation Board 11/16/2022
Planning and Zoning
Commission 8/13/2021 2/11/2022 6/10/2022 10/14/2022 11/17/2022
Land Conservation and
Stewardship Board 9/8/2021 2/9/2022 6/8/2022 10/12/2022
Chamber of Commerce 9/17/2021 6/24/2022 10/28/2022
Natural Resources
Advisory Board 9/16/2021 2/16/2022 6/15/2022 10/19/2022 11/16/2022
Economic Advisory
Board 10/19/2022
Focus Group meetings Dates
Water and Sanitation providers 2/3/2022 8/1/2022 8/18/2022
Environmental 2/4/2022 8/2/2022 8/4/2022
Economic/Municipal 2/3/2022 8/2/2022
Colorado Department of
Transportation 1/28/2022 8/5/2022
Boards and Commission liaisons 2/8/2022 8/1/2022 8/4/2022
Larimer County 1/23/2022 2/8/2022
Public Participation Dates
Open House/Public Forum 2/23/2022
(AM & PM) 8/30/2022 9/1/2022
Online Survey 2/1/2022 8/30/2022
Online engagement –
OurCity; fcgov.com Ongoing
Press Release 9/2021 2/2022 8/2022
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Item 1.
Stakeholder List
The following list details the interested parties that have been directly engaged by staff at
several times during the process. Outreach and engagement has included the activities
described above, as well as frequent email updates, newsletter communications, and individual
meetings.
Air Quality Advisory Board Larimer County Planning Staff
American Whitewater League of Woman Voters
Boxelder Sanitation Natural Resources Advisory Board
Chamber of Commerce North Front Range Water Quality
City of Greeley North Weld County Water District
City of Windsor Northern Engineering
Colorado State University Northern Water
Colorado State University Research
Foundation (CSURF) Planning and Zoning Commission
CSU Graduate Student Save the Poudre
Ditesco Sierra Club
East Larimer County Water District (ELCO) South Fort Collins Sanitation District
Fort Collins-Loveland Water District (FCLWD) SpacePreservation.org
Fort Collins Sustainability Group TB Development Group
Fort Collins Utilities Transportation Board
Hartford Homes Trout Raley Law
Land Conservation and Stewardship Board White Bear Ankele Law
Larimer Alliance
Page 13
Item 1.
Page 14
Item 1.
Apache Peak
Mount Audubon
Bryan Mtn
Copeland Mtn
Guinn Mtn
Kiowa Peak
Longs Peak
Mount Meeker
Navajo Peak
Niwot Mtn
North Arapaho Peak
Paiute Peak
Saint Vrain Mtn
South Arapaho Peak
Taylor Peak
Bald Mtn
Bingham Hill
Black Mtn
Bonner PeakBuckhorn Mtn
Christ Mtn
Comanche Peak
Crosier Mtn
East White Pine Mtn
Goat Hill
Greyrock Mtn
Hagues Peak
Horsetooth Mtn
Livermore Mtn
Lookout MtnMilner Mtn
Mummy Mtn
Panorama Peak
Rowe Mtn
The Sharkstooth
Sheep Mtn
Signal Mtn
South Bald Mtn
South Signal Mtn
Stones Peak
Storm Mtn
Storm Peak
Arikaree Peak
McHenry’s Peak
Hallett Peak
Flattop Mtn Lewston Creek Canyon
Poudre Canyon
FORT COLLINS PEAK FINDER: THE VIEW FROM COTTONWOOD HOLLOW NATURAL AREA
SOAPSTONE PRAIRIE NATURAL AREA
DIRECTIONS:
From Fort Collins, travel north on State Hwy 1 / Terry Lake Road. Turn left (towards Waverly) on County Road 15. Travel north and turn right onto Rawhide Flats Road and take it to the entrance station.
GATEWAY NATURAL AREA
DIRECTIONS:
From Fort Collins, travel north on Hwy 287 / College Ave., turn west onto Hwy 14 and take it about 5 miles to Gateway Natural Area.
Fee: $7, or annual pass available.
'
WXYZÕ14
Gateway Natural Area
Roosevelt National
Forest
Poudre River
State Trust
Poudre River
State Trust
Roosevelt National
Forest
Roosevelt
National
Forest
City of
Greeley
Private
Land
Roosevelt National
Forest
Seaman Reservoir
(City of Greeley)
C a c h e la PoudreRiverN o rth F o r k C a c h e l a Poudre River
Ranger
Residence
0 ¼½ Mile
BOBCAT RIDGE NATURAL AREA
DIRECTIONS:
From Fort Collins, take Harmony Road / CR 38E west to Masonville. Turn south on CR 27 and west on CR W32C to the parking lot.
Protected
Area
No Access"""""""""""""Valley L
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Power Line Trail
Ginny Tra ilD.
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Trail
E
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CR38E WCountyRoad38ERoosevelt National Forest
0 . 2 m i
0 . 2 m i
0.3 mi0.5mi
0.5 mi0.75 mi
1
m
i
1.25
mi
1.
3
mi
1.5 mi
3.2 mi
5.4 mi0 . 2 m i
0.3mi
1 m i
Bobcat Ridge
Natural Area Ranger
Residence
Historic
Cabin
Stone
Circle
Bikes
Uphill Only
All Users
Downhill Only
0 1 2 Miles
Bobcat Ridge Ginny Trail/D.R. Trail: 8.6 miles, 1400 feet vertical
9 mi8 mi7 mi6 mi5 mi4 mi3 mi2 mi1 mi0 mi
7,200 ft
7,000 ft
6,800 ft
6,600 ft
6,400 ft
6,200 ft
6,000 ft
5,800 ft
5,600 ft
5,400 ft SOUTH NORTH
Ginny Trail D.R. Trail
Soapstone Prairie Cheyenne Rim Trail: 11.7 miles, 1200 feet vertical
12 mi11 mi10 mi9 mi8 mi7 mi6 mi5 mi4 mi3 mi2 mi1 mi0 mi
7,400 ft
7,200 ft
7,000 ft
6,800 ft
6,600 ft
6,400 ft
6,200 ft
6,000 ft
EAST
WEST
Soapstone Prairie
Natural Area
Red Mtn.
Open Space
Big Hole
Open Space
Red Mtn.
Open Space
10 mi9 mi8 mi7 mi6 mi5 mi4 mi3 mi2 mi1 mi0 mi
5,800 ft
5,600 ft
5,400 ft
5,200 ft
5,000 ft
4,800 ft
Foothills Trail: 9.8 miles, 565 feet vertical
NORTH SOUTH
Reservoir Ridge
Horsetooth Reservoir
Pineridge
Maxwell
Soapstone Prairie Mahogany Trail/Loop: 7.4 miles, 370 feet vertical
8 mi7 mi6 mi5 mi4 mi3 mi2 mi1 mi0 mi
7,000 ft
6,800 ft
6,600 ft
6,400 ft Counterclockwise from North Parking Lot
Spring Creek Trail: 7.5 miles, 250 feet vertical
8 mi7 mi6 mi5 mi4 mi3 mi2 mi1 mi0 mi
5,800 ft
5,600 ft
5,400 ft
5,200 ft
5,000 ft
4,800 ft
WEST
EAST
Gateway Black
Powder Trail:
0.8 miles,
450 feet vertical
1 mi0 mi
5,800 ft
5,600 ft
5,400 ft
5,200 ft
5,000 ft
NORTH
SOUTH
Cathy Fromme Prairie/Fossil Creek Trail:
2.2 miles, 150 feet vertical
3 mi2 mi1 mi0 mi
5,800 ft
5,600 ft
5,400 ft
5,200 ft
5,000 ft
4,800 ft
WEST
EAST
Coyote Ridge/Rimrock Trail:
3.6 miles, 550 feet vertical
4 mi3 mi2 mi1 mi0 mi
5,800 ft
5,600 ft
5,400 ft
5,200 ft
5,000 ft
4,800 ft
EAST
WEST
Soapstone Prairie Towhee Loop:
2.9 miles, 420 feet vertical
3 mi2 mi1 mi0 mi
7,000 ft
6,800 ft
6,600 ft
6,400 ft Clockwise from North Parking LotBi
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P
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Closed April 1- July 15
Closed April 1- July 15
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RimTrail
Cheyenne
R
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ailSaltLickT
r
ailRuby
WashTrailStone
Circle
Trail
K-
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il
BentRock Trail
B i g H o l e W ashTrailSi
nkingSunTrailRising
Sun
Trail PronghornLo
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p
Pronghorn L o o p
Prongho
rn
LoopPlover TrailMahogany
LoopTowhee
Loop
Ch
eyenne Rim
Trail
Canyon Trail
Lindenmeier Trail SandWashTrailPronghorn L o o p
0.5 mi
0.6mi0.3 mi
0.6
m
i
0.3 mi
0 .8 m i 0.5 mi7.8mi
0.8 mi
2.4 mi1.2mi3.4mi
1.5 mi
1.1
m
i
1.0 mi
0.8 mi0.8 mi 0.8 mi
0.3 mi
1.
0
m
i
0.3 mi
1.5 mi
1.6 mi
0.
9
m
i
0.9
m
i
0.2 mi
0.3 mi
2.7 mi
2
.
5
mi
2.2
mi
1.7mi
0.2 mi
2.3
mi
1.3mi0.3 mi
2.0mi
1.2 m i2.3mi2.0
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"""""""""
""""""""
"""""""""""Maintenance
Facility
No Public Access
Lindenmeier
Overlook
Entrance Station
Ranch Manager
Residence
No Public Access
South Parking Lot
North Parking Lot
Red Mountain
Open Space
Parking Lot
Entrance
Sign Rock
GateWindmill
Wyoming
Colorado
RedCanyonRoadAn
telo
p
e
Valley
R
o
adRawhi
deFlat
sRoadBig Hole
Open Space
(City of Cheyenne)
Red Mountain
Open Space
(Larimer County)
Soapstone Prairie
Natural Area
(City of Fort Collins)
Viewing
Zone
0 1 2 Miles
No dogs are allowed.
KNOW BEFORE
YOU GO
Natural areas are popular local
and regional destinations!
When the parking lots are full,
the carrying capacity has been
reached. Go to an alternate site
or come back another time.
Weekends and holidays are
busiest. Do not park anywhere
other than in designated spots.
ACCESSIBILITY
Need to know more about trail
difficulty and accessibility?
Visit fcgov.com/naturalareas/
accessibility for details.
CHECK HERE FIRST:
• fcgov.com/trailstatus
• trails.colorado.gov
STEWARDSHIP NEEDED
Natural areas can be loved to
death. Show you care for these
treasures by following regulations
which protect you and the
natural areas.
• Keep dogs on-leash and pack
out dog waste (at sites where
dogs are allowed).
• Leave no trace by removing
trash and food scraps.
WHY CLOSURES?
Natural areas are closed due
to wet and muddy conditions
on the trails. Muddy trails leave
visitors with no good choices:
going around the mud widens the
trail and going through the mud
damages the trail. Please respect
the closures and try the City’s
paved trail system instead.
No dogs are allowed.Natural Areas Department 970–416–2815Rangers 970–416–2147Life–threatening emergency 911• fcgov.com/naturalareas• fcgov.com/naturalareas/status• naturalareas@fcgov.comVolunteer Program• Natural Areas Volunteer Coordinator - rbalduzzi@fcgov.comFree Nature Hikes and Educational Activities • fcgov.com/registerAuxiliary aids and services are available for persons with disabilities. V/TDD: Dial 711 for Relay Colorado. Asistencia disponible en español a ningún costo.JULY 2022NATURAL AREAS MISSION:
To conserve and enhance lands with natural resource, agricultural, and
scenic values, while providing meaningful education and appropriate
recreation opportunities.
Thank you! Every time you shop in Fort Collins or Larimer County, a
percentage of your sales tax dollars goes towards conserving natural
areas. You are contributing to land conservation, wildlife habitat, trails,
and visitor services. That’s quite a buy!FORT COLLINS NATURAL AREAS Contact UsCITY OF FORT COLLINS NATURAL AREAS
Yours to Explore 20-22294OPEN 5 A.M. - 11 P.M.PARKINGACCESSIBLEHIKING TRAILSOFF–TRAIL HIKING BIKING TRAILSHORSE TRAILER PARKINGEQUESTRIAN TRAILSDOGS ON LEASHNON–MOTORIZED BOATINGFISHINGINTERPRETIVE SIGN(S)PICNIC FACILITIESRESTROOMSDESIGNED FOR KIDSIMPORTANT BIRD AREA#
NATURAL AREA RECREATION OPPORTUNITIES
ARAPAHO BEND*
BOBCAT RIDGE
Open dawn to dusk
8
BUTTERFLY WOODS
CATHY FROMME PRAIRIE 1
CATTAIL CHORUS
COLINA MARIPOSA
COTTONWOOD HOLLOW
COYOTE RIDGE 5
EAGLE VIEW NOT YET OPEN TO THE PUBLIC.
FISCHER
FLORES DEL SOL NOT YET OPEN TO THE PUBLIC.
FOSSIL CREEK RESERVOIR
Open dawn to dusk
FOSSIL CREEK WETLANDS
GATEWAY
Open dawn to dusk
GOOSE HOLLOW
GUSTAV SWANSON
HAZALEUS
HOMESTEAD
KESTREL FIELDS NOT YET OPEN TO THE PUBLIC.
KINGFISHER POINT
MAGPIE MEANDER
MALLARD’S NEST*
MAXWELL 1
MCMURRY
NORTH SHIELDS PONDS
PELICAN MARSH
PINERIDGE 2
PRAIRIE DOG MEADOW
PROSPECT PONDS*3
PUENTE VERDE*
RED FOX MEADOWS*1
REDTAIL GROVE
REDWING MARSH*
RESERVOIR RIDGE
Gated parking lots open dawn to dusk
5
RIVERBEND PONDS 1
RIVER’S EDGE
ROSS*
RUNNING DEER
SALYER
SOARING VISTA
SOAPSTONE PRAIRIE
Open dawn to dusk, March-November.
16
SPRINGER*
THE COTERIE
TANGLEWOOD*
TOPMINNOW NOT YET OPEN TO THE PUBLIC.
TWO CREEKS
UDALL*
WILLIAMS
THE TREKKING ORDER:
Please mind your trail manners.
Bikers yield to horses and hikers.
Hikers yield to horses.
*Co-owned and/or co-managed with Fort Collins Utilities for flood control, water quality, and wildlife habitat.
Natural Areas Map
ENJOY AND TREASURE NATURALAREAS MAPCARE FOR THE NATURAL AREAS
• Dogs are not permitted on some natural areas; check the chart above.
Dogs must be on a leash.
• You may not possess or consume alcohol.
• A valid fishing license from Colorado Parks and Wildlife is required.
• Openly carrying a firearm is prohibited.
Firearms are permitted with a valid concealed carry permit.
• eBikes are only allowed on paved trails.
• No camping, motorized vehicles, fires, or fireworks.
• Collecting is not allowed.
• Groups over 15 people, research projects, and commercial uses
require a permit.
• No smoking in natural areas, on trails, or in any city–owned facilities.
• Horses must stay on trails or within 10 feet.
Complete regulations at fcgov.com/naturalareas
PLAY IT SAFE
BE SNAKE AWAKE!
If you encounter a rattlesnake, stop, back up, and warn
others in the area. Wait for it to move away or walk
around it to give it room to escape. If a snake bites you,
call 911. Keep calm and avoid elevating your heart rate.
LIGHTNING — WATCH THE WEATHER.
Avoid afternoon outings when lightning is most
frequent. Seek safety in vehicles, buildings (not picnic
shelters, restrooms, or sheds), or low areas such as dry
creek beds.
BE SAFE AROUND THE RIVER.
It’s best to stay out of the river.
The water is always cold, and currents and
levels change quickly.
Page 15
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"""""""""""""""VermontTrailRendezvousTrailFossilCreekTrailFoo thills Trai lRidgeTrailSpringCreekTrailPoudre TrailFossil Creek TrailMasonTrailFoothills TrailSou th Loo p TrailPoudreTrailV a lle y T r ail
ViewpointSpurCoyoteRidgeTrailReserv o i r L o o p T r a il Carpenter Road TrailTim ber TrailPowerTrail PowerTrailSpringCreekTrailMasonTrailFoothills TrailHickoryTrailCattail Flats TrailB lueS k y Tr ailBlueSkyTr ailRimrock TrailSandpiperTrailHeronLoopHiddenCluesTrailFoo t h i lls Tr a il
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2
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2
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0.15 mi 1.25 mi0.3 mi0.75 miS h i e l d s S tRiverAccessMuseum ofDiscoveryNorthsideAztlan0½1¼Mile0½1KilometerCache la Poudre River CorridorNatural Areas (North)0123½Miles01234½KilometersCITY OF FORT COLLINS NATURAL AREASParkingRestroomD o g P a r kNatural Areas BuildingC u l t u r a l I n t e r e s t S i t eMuseum, RecreationCenters, and FacilitiesRock ClimbingD e s i g n e d f o r K i d sP a v e d T r a i lNatural Surface TrailSeasonal Use TrailF o r t C o l l i n s N a t u r a l A r e aOpen Space/State ParkParkPage 16
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Item 1.
EXHIBIT “A”
Colorado Revised Statutes Definitions Relevant to the City Council Designation
of Matters of State Interest
“Domestic water and sewage treatment system” means a wastewater treatment facility, water
distribution system, or water treatment facility, as defined in section 25-9-102(5), (6), and (7),
C.R.S., and any system of pipes, structures, and facilities through which wastewater is collected
for treatment. (Section 24-65.1-104(5), C.R.S.)
“Water distribution system” means any combination of pipes, tanks, pumps, or other facilities that
delivers water from a source or treatment facility to the consumer. (Section 25-9-102(6), C.R.S.)
“Water treatment facility” means the facility or facilities within the water distribution
system that can alter the physical, chemical, or bacteriological quality of the water.
(Section 25-9-102(5), C.R.S.)
“Arterial highway” means any limited-access highway which is part of the federal-aid
interstate system or any limited-access highway constructed under the supervision of the
department of transportation. (Section 24-65.1-104(3), C.R.S.)
“Collector highway” means a major thoroughfare serving as a corridor or link between
municipalities, unincorporated population centers or recreation areas, or industrial centers
and constructed under guidelines and standards established by, or under the supervision
of, the department of transportation. “Collector highway” does not include a city street or
local service road or a county road designed for local service and constructed under the
supervision of local government. (Section 24-65.1-104(4), C.R.S.)
Page 23
Item 1.
Peggy E. Montaño, Esq. 1120 Lincoln Street • Suite 1600
pmontano@troutlaw.com Denver, Colorado 80203-2141
Direct: 303.339.5833 303.861.1963
Cell: 303.868.7628 www.troutlaw.com
August 30, 2022
DELIVERED VIA FIRST CLASS
AND EMAIL TO: byatabe@fcgov.com
Brad Yatabe
Assistant City Attorney
City of Fort Collins
300 La Porte Avenue
Fort Collins, Co. 80521
RE: Fort Collins Draft Regulations pursuant to the Colorado Land Use Act; Areas
and Activities of State Interest § 24-65.1-101 (herein the “Act”)
Dear Mr. Yatabe,
This letter is written for the purpose of addressing two particular provisions of the draft 1041
regulations posted in July and August of 2022 on the City of Fort Collins website and explained
by Ms. Kelly Smith, Senior Environmental Planner, at several recent water user meetings. I
understand you are counsel in the lead on these regulations. We represent the Northern Integrated
Supply Project Water Activity Enterprise and Northern Colorado Water Conservancy District.
The two regulations are 2-201 which provides that the City may enter into an Intergovernmental
Agreement (IGA) as an alternative to a permit and, 3-201 (L) which purports to regulate “all
jurisdictions receiving water diverted from within the City limits…”
In short, we disagree that the statute supports an IGA in lieu of a permit after adoption of
regulations, and we disagree that the statute empowers regulation of water diversions as set forth
in 3-201(L). Our reasons for each position are set out below.
I. The IGA provision is as follows:
2-201 Intergovernmental Agreements.
Upon the request of the State of Colorado or a political subdivision of the State, as defined
by Section 29-1-202, C.R.S., proposing to engage in a designated activity of state interest
Page 24
Item 1.
Page 2
or development in a designated area of state interest, the requirements of these Regulations
may be met by the approval of an intergovernmental agreement between the City and the
State or political subdivision applicant. The City Council may, but shall be under no
obligation to, approve such an intergovernmental agreement in lieu of requiring an
approved permit pursuant to these Regulations and the approval of any intergovernmental
agreement is a legislative act that must occur by ordinance. In the event such an agreement
is approved by the City, no approved permit application shall be required, provided that all
of the following conditions are met:
(A) The State or political subdivision applicant and the City must both be authorized
by Article XIV, Section 18(2) of the Colorado Constitution and Section 29-1-201,
et seq., to enter into the agreement.
(B) The purpose and intent of these Regulations must be satisfied by the terms of the
agreement.
(C) Action on the proposed intergovernmental agreement by the governing body of
the State or political subdivision applicant must be in the manner required of it
by the Colorado Constitution and statutes.
(D) Exercise of the provisions of this Section by the State or political subdivision
applicant will not prevent that entity from electing at any time to seek a permit
pursuant to these regulations. Additionally, any entity which has previously
proceeded under the permit provisions of these Regulations may at any time elect
to proceed instead under this Section.
I. The Basis for our Disagreement
The Act limits the City’s authority to conduct a permitting process consummated by denial or
approval of a permit. It does not allow the City discretion to adopt an alternative procedure which
obviates the need for a permit. This interpretation is supported by the text of the statute and case
law.
Statutory text
Section 301 of the Act, entitled “Functions of local government,” authorizes local governments to
hold hearings on permit applications and then either grant or deny those applications:
(1) Pursuant to this article, it is the function of local government to:
. . . .
(b) Hold hearings on applications for permits for development in areas of state
interest and for activities of state interest;
(c) Grant or deny applications for permits for development in areas of state interest
and for activities of state interest;
. . . .
§ 24-65.1-301.
Page 25
Item 1.
Page 3
Section 501 similarly directs local governments to issue a permit before a matter of state interest
may be conducted. Tellingly, that section is entitled, “Permit for development in areas of state
interest or to conduct an activity of state interest required,” and it provides in part that:
The local government may approve an application for a permit to conduct an
activity of state interest if the proposed activity complies with the local
government’s regulations and guidelines for conduct of such activity. If the
proposed activity does not comply with the guidelines and regulations, the permit
shall be denied.
§ 24-65.1-501(4).
This text is fairly be interpreted as not only authorizing, but also limiting, local government
to the permitting process. Another provision of the Act also points toward this conclusion.
Section 107 of the Act exempts matters of state interest that meet certain conditions. One
such exemption grandfathers in developments approved by the local governmental
authority as of the date the Act became effective. See § 24-65.1-107(1)(c)(III). By negative
implication, an approval after the effective date would not be exempt from the permitting
process. Such an approval could be interpreted to include an IGA from the governmental
authority.
Case Law
No reported decision has directly addressed this issue. However, the Act’s permit
application and approval process is addressed in several opinions as mandatory:
“Prospective developers must apply to the local government for a permit in order to
develop in designated areas of state interest.” Colorado Mining Ass’n v. Bd. of County.
Comm’rs of Summit County.
“Once such local government regulations have been adopted, any person desiring to
conduct an activity of state interest must file an application for a permit with the local
government where such activity is to take place.” Bd. of County. Comm’rs of Douglas
County. v. Gartrell Inv. Co.
“The Act is detailed and specific in empowering local governments to adopt guidelines
and regulations for areas and activities of state interest. It is replete with definitions,
provides an exclusive list of those areas and activities a local government may designate
as matters of state interest, and mandates the permit application and approval process.”
City & County. of Denver v. Bd. of County. Comm’rs of Grand County.
Tellingly, Larimer County in its 2021 1041 modifications, deleted the option of entering into an
IGA rather than permitting under its regulations. To the extent this provision is maintained in the
1041 regulations, the NISP Enterprise and other Northern Water projects will decline to use it out
of concern that it would be overturned in a subsequent legal challenge.
Page 26
Item 1.
Page 4
II. The second issue concerns 3-201 (L) which provides:
(L) All jurisdictions receiving water diverted from within City limits must demonstrate
adopted policies, regulations and programs related to water conservation are sufficient to
reduce lower per capita water use over time. Such policies, regulations and programs may
include but not be limited to:
1. Green plumbing code.
2. Indoor efficiency standards.
3. Reuse of water.
4. Smart meters.
5. Submetering multifamily units.
6. Incentive and rebate programs to reduce water use.
7. Demand-based tap fees.
8. Xeriscape/turf limitations code requirements.
9. Irrigation efficiency code requirements.
10. Post-occupancy violations.
II. The Basis for our Disagreement
The Act does not provide for regulation by one local government (defined as a city or county CRS
§24-65.1-102 (2) ) to reach into another local government’s water uses by regulation of water
“diversions” even when the diversion is within the boundaries Fort Collins.
The Act provides regulation of “areas” and “activities” of state interest which are specifically
defined in the Act. As is pertinent here, the regulated “activities” in 24-65.1 (203) are:
(a) Site selection and construction of major new domestic water and sewerage treatment
systems and;
(b) major extensions of existing domestic water and sewage treatment systems.
These water and sewerage systems are defined in 24-65.1-104 by reference to CRS §25-9-102 (5)
(6) and (7) and pipes, structures and facilities through which wastewater is collected for treatment.
Water diversions are not listed as a regulated activity in the statute at all. Additional areas and
activities are included but are not the subject of this letter such as highways, airports, geothermal
development etc. By negative implication water “diversions”, and many other activities, are not
listed and do not fall within the activities that may be regulated.
Page 27
Item 1.
Page 5
Further, a comprehensive water conservation program is administered by state law through the
Office of Water Conservation and Drought Planning. See CRS §37-60-124. Municipalities and
other water providers, particularly those who seek state funding, are required to submit
conservation plans to the state including an implementation plan. See CRS §37-60-126. The
statutory listing of measures to conserve water include water reuse systems, water efficient
fixtures, low water use landscapes, distribution leak detection, customer water use audits and more.
See CRS §37-60-126 (4) for a listing of water saving measures and programs. In the face of a state
program, it makes little sense to consider a redundant local regulation particularly one that is
outside the scope of the Act. Northern Water also has a robust water conservation program which
includes grants for water conservation. Taken to an extreme, if other high mountain local
governments were to adopt a water diversion regulation, those counties could assert authority over
all the front range cities including Fort Collins, and that is not what was contemplated by the
legislature. Conflicting regulations could be adopted by the hundreds of local governments in
Colorado where water is diverted or rediverted.
The Act also has a specific provision to protect water rights. 37-65.1-106 (1) provides:
“Nothing in this article shall be construed as …(b) modifying or amending existing laws
or court decrees with respect to the determination and administration of water rights.”
The purported regulation of water conservation by the city is in direct conflict with the exclusive
jurisdiction of the Colorado’s water courts and administration systems including the water
conservation statutes and the many water decrees that provide for diversion of water at a particular
location and for a particular use.
Lastly, CRS §24-65.1-401 Designation of matters of state interest provides that:
“After a public hearing, a local government may designate matters of state interest within
its jurisdiction,..” taking into consideration an itemized list of concerns.
By limiting the local government to its jurisdiction, the Act underscores the reason for the Land
Use Act initially which was that certain land uses within a local government’s jurisdiction benefits
areas outside the jurisdiction, such as airports and highways, and in those circumstances, for
specified activities and in specified geographic areas only, a local government could regulate in
certain ways enumerated within the Act. It was not a license to regulate more than what is
enumerated and certainly not the use of water and water rights by other governments. The Act in
numerous sections limits 1041 authority to a local government’s jurisdiction. For Example:
(1)(a) Mineral resource areas designated as areas of state interest shall be protected
and administered in such a manner as to permit the extraction and exploration of
minerals therefrom, unless extraction and exploration would cause significant danger
to public health and safety. If the local government having jurisdiction, after
weighing sufficient technical evidence finds…
Page 28
Item 1.
Page 6
[with regard to mass transit] Activities shall be conducted with reasonable
consideration, among other things, as to the character of the area and its peculiar
suitability for particular uses and with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the jurisdiction of the
applicable local government.
In closing, we note these aspects of the draft regulations would not survive a legal challenge and
while we understand the city staff is in the early stages of seeking input to its draft, we seek to
raise our concerns with these two fundamentally defective provisions at this early stage. We are
available to meet with you at your convenience and discuss these concerns. I look forward to your
response.
Sincerely,
Peggy E. Montaño
for
Trout Raley
cc: Town of Erie, Left Hand Water District, City of Fort Morgan, Weld County Water District,
Town of Windsor, Fort Collins Loveland Water District, Town of Frederick, City of Fort
Lupton, Town of Severance, City of Lafayette, Town of Eaton, City of Evans, Morgan
County Quality Water District, City of Dacono
Page 29
Item 1.
1
September 16, 2022
Brad Yatabe
Assistant City Attorney
City of Fort Collins
300 La Porte Avenue
Fort Collins, Co. 80521
Delivered via first class and email to: byatabe@fcgov.com
Re : Fort Collins Draft regulations Areas and Activities of State Interest § 24-65.1-101
Dear Mr. Yatabe,
This letter follows the letter sent to you on August 30, 2022. On September 1, 2022 the Colorado
Court of Appeals issued its opinion in City of Thornton v. Larimer County, Court of Appeals No.
21CA0467. While the ultimate decision of the court upheld the denial of the permit sought by
Thornton, the opinion also provided important rulings concerning the scope and authority of
Local Governments in 1041regulation. Because Fort Collins is in the process of enacting such
regulations, we feel it is important to reach out to you regarding this important ruling.
I. At pages 22 through 26 of the Opinion, the Court of Appeals found that Larimer County
abused its discretion in permitting the siting and development of certain domestic water
pipelines in four distinct ways:
(A) The County’s requirement for analysis of “cumulative impacts of irrigated farmland
turning to dryland” went beyond the County’s jurisdiction to regulate “siting and
development” of the pipeline as being limited to the land area being disturbed by the
project.
(B) The County’s consideration of farmland dry-up was an improper abrogation of water
rights protected by CRS § 30-28-106(3)(a)(IV)(E). See also CRS §24-65.1-106 (1)(a).
Page 30
Item 1.
2
(C) The County’s consideration of Thornton’s use of its powers of eminent domain as
“disfavored by property owners” conflicts with the clear authority of municipalities under
Colorado Constitution Article XVI, §7 to acquire lands through eminent domain to
convey water for domestic purposes. section 24-65.1-106(1)(a) bars local governments
from using 1041regulatory powers to diminish the rights of owners of property as
provided by the state constitution. Read together, it is clear that the County could not
consider Thornton’s potential use of eminent domain during its 1041 review.
(D) The County’s criticized Thornton for failing to present the “Shields Street” pipeline siting
alternative, despite Thornton’s belief that the alternative would degrade its water source
by running it through Fort Collins before it could be collected, treated and transported.
The Court concluded this criticism of the Thornton project exceeded the County’s power
to regulate the “siting and development” of domestic water pipelines.
II. Application of the Thornton ruling to the Fort Collins draft 1041 regulations.
The Review Standards in §2-401 (H) through (T) of the draft 1041 regulations touch on
recreation opportunities, terrestrial and aquatic plant life, conservation easements, parks and
trails as well as a large number of other enumerated items. These criteria reach far beyond the
authority listed for areas in CRS §24-65.1-202 and for activities in CRS §24-65.1-204. In
addition, these sub-sections apparently are intended to reach beyond the land on which the
construction or activity occurs as emphasized by the Thornton opinion. See CRS 24-65.1-102
(1). These factors run afoul of the City’s statutory authority in much the same way as the
County’s focus on agricultural land dry-up outside of the project’s land area.
Sub-section (I) of the draft §3-201 Specific Review Standards for Major New Domestic Water or
Sewage Treatment Systems or Major Extensions concerns itself with easement acquisition,
which should not be a consideration under the Thornton opinion; the project proponent’s method
for acquiring rights in land are beyond the scope of local jurisdiction.
Page 31
Item 1.
3
We recognize that the Court of Appeals’ opinion in the Thornton case may not be final, and that
a petition for rehearing or for certiorari may take place. We feel, however, that it is important to
share our thoughts and concerns with you as counsel in the lead in development of these
regulations. We are willing to meet with you to further discuss our concerns as your client’s
process unfolds.
Sincerely,
Peggy E. Montaño
For Trout Raley
Cc: Town of Erie, Left Hand Water District, City of Fort Morgan, Weld County Water District,
Town of Windsor, Fort Collins Loveland Water District, Town of Frederick, City of Fort Lupton,
Town of Severance, City Lafayette, Town of Eaton, City of Evans, Morgan County Quality
Water District, City of Dacono
Page 32
Item 1.
October 21, 2022
Mr. Tyler Marr
Assistant City Manager
City of Fort Collins
300 Laporte Avenue
Fort Collins, Colorado 80521
Re: Comments to the City of Fort Collins Draft 1041 Regulations (Site Selection and Construction of
Domestic Water and Sewage Treatment Systems)
Dear Mr. Marr:
Enclosed for your review are City of Greeley (“Greeley”) comments to the revisions proposed by City of Fort
Collins to its Land Use Code concerning Areas and Activities of State Interest (“1041 Regulations”), primarily to
those concerning the Site Selection and Construction of Domestic Water and Sewage Treatment Systems.
A significant proportion of Greeley’s water supply originates in the Cache la Poudre River and is treated at the
Bellvue Water Treatment Plant northwest of Fort Collins before being conveyed to Greeley via three potable
water transmission lines that travel through Fort Collins. Greeley has been conveying its potable water through
Fort Collins since 1907. In addition to treating and delivering water to Greeley, Greeley provides treatment and
transmission for portions of the Northern Colorado communities of Windsor and Evans. Portions of Greeley’s
transmission pipelines are nearly 100 years old and require regular maintenance, repair, and replacement. Overly
burdensome regulation may require pipeline realignments would handicap Greeley’s ability to make timely and
necessary repairs and upgrades, placing our customers and regional partners at risk of service disruptions.
In addition to the proposed redlines enclosed with this letter, Greeley comments are as follows. Greeley reserves
the right to make additional comments through the course of the stakeholder process.
▪ Several of the definitions included within Section 1-110, including those for Major extension of an
existing wastewater treatment system and Major extension of an existing domestic water treatment system
hinge on the interpretation of the defined term Material change, which is generally defined as a
significant change to the nature or location of the development and its impacts. Accordingly, this
definition further hinges on the interpretation of the separate defined term Significant, which is defined as
“deserving to be considered important, notable, and not trifling.” This is not a meaningful nor sufficiently
clear substantive standard by which potentially regulated activities can be measured in the regulatory
process and is arguably too vague to be enforceable.
▪ Several of the definitions included within Section 1-110, including those referenced above, contain the
qualification that the system, extension, or upgrade meet the Land Use Code definition of the term
Development. While that term does not include “work by the City or any public utility for the purpose of
restoring or stabilizing the ecology of a site, or for the purpose of inspecting, repairing, renewing or
constructing, on public easements or rights-of-way, any mains, pipes, cables, utility tunnels, power lines,
towers, poles, tracks or the like,” the regulations should further exclude such work within existing
easements by municipal water providers that do not clearly fall within the definition of a public utility,
such as the City of Greeley and its Water Enterprise.
Page 33
Item 1.
▪ The references to service lines and distribution lines throughout the definitions in Section 1-110 should
include a threshold size or capacity of infrastructure that falls within each of the definitions, to more
explicitly exclude projects of a smaller scale that will have no significant impacts.
▪ Section 2-303 should include more explicit criteria that the Director will consider when determining
whether to make a finding that no significant impacts (“FONSI”) are likely to occur from the proposed
development plan.
▪ Section 2-307 should include a requirement that the Director provide a reasonably detailed overview of
those application elements found to be complete and those incomplete, to provides applicants an
opportunity to focus on the areas where the application was deemed incomplete. Section 2-307 should
also include a specific timeframe in which the Director will make a determination of completeness if no
request for additional application materials has been made.
▪ There are several review standards throughout Section 2-401 that are already regulated in a
comprehensive way by other agencies and arguably outside the scope of what Fort Collins may regulate
from a land use perspective. For example, changes in the quality and quantity of fisheries and the changes
in instream flows or reservoir levels are within the purview of agencies in the State Department of Natural
Resources. Similarly, air quality, surface water quality, groundwater quality, wetlands and riparian areas,
terrestrial and aquatic plant and animal life, and soil and geologic conditions are all regulated by various
state and federal agencies. Furthermore, the standards or measurement of significant impact is not clearly
defined and such ambiguity is problematic in the city’s evaluation of an application for its completeness.
▪ The provision in Section 3-201(L) requiring that jurisdictions receiving water diverted from within City
of Fort Collins limits demonstrate sufficient water conservation policies, regulations, and programs is
outside the scope of what Fort Collins may regulate from a land use perspective in other communities. It
is not clear that the requirement, as applied to jurisdictions located some distance from the City of Fort
Collins, bears a rational relationship to the health, safety, and welfare of the Fort Collins community.
▪ Beyond the scope issue in the previous comment, Section 3-201(L) is overly vague as to the extent of
“policies, regulations, and programs” that would be considered sufficient for the review standard. At the
very least, the provision should be more narrowly tailored to include a clear measurable standard, such as
a current water conservation or efficiency plan as required by the State of Colorado.
The Cities of Greeley and Fort Collins have a century-long partnership on water matters in Northern Colorado.
We value our strong alignment on many water issues, including watershed health, and while we understand the
desire for greater local control of certain projects, we urge you to consider the negative regional impacts of the
1041 Regulations as currently proposed.
Sincerely,
Sean P. Chambers
Director of Water and Sewer
Cc: Mayor Jeni Arndt
Mayor John Gates
City Manager Raymond Lee
Deputy City Manager Don Tripp
Page 34
Item 1.
1041 Regulations –
Project Update
local participation, transparency
and improved environmental
outcomes
Kirk Longstein
Senior Environmental Planner
Rebecca Everette
Planning Manager
November 7, 2022
Page 35
Item 1.
2Council Questions
1.Do Councilmembers support extending the length of the moratorium to allow for final refinements to the code
and additional outreach?
2.Do Councilmembers have feedback on the proposed scope to focus on the greatest areas of impacts rather
than major projects?
3.Do Councilmembers support exempting projects previously approved through Site Plan Advisory Review
(SPAR), while still requiring 1041 permitting for projects not approved through SPAR?
Page 36
Item 1.
3HB74-1041 Statutory Process
Public Hearing
Designating
Activity/Area
Moratorium Adopt
Requirements
Accept Permit
Applications
1 2 3 4
September -
October 2021
October 2021 –
December 2022
TBD TBD
Page 37
Item 1.
4Designation and Moratorium
New/Expanded Domestic
Water/Wastewater
Highways and
Interchanges
Activities of Statewide Interest
September/October/December 2021
Council designated activities and imposed
a moratorium on activities of Statewide
Interest
Page 38
Item 1.
5Moratorium Scope
Moratorium (January 2022)
Thresholds
Water and Sewer Systems
•Easements greater than 30 feet in width, or
•Within new permanent easements greater than 20 feet in width that are adjacent to existing
easements, or
•Two or more parallel lines that are within 120 square inches of each other when viewed in cross -
section.
Project to upgrade existing water and sewer facilities, including repairing and/or replacing old or outdated
equipment, or installing new equipment
Interchanges associated with arterial highways located within City natural areas or City parks
Page 39
Item 1.
6Where We’ve Been
June August October
2022
Council Work Session &
v1 Draft Regulations
Published
Public Engagement Legal Review of v2 Draft
Regulations
EngagedFeedback:
Remove exemption loopholes
Concerns with term significant
Tiered review process
Pre-application timeline
Boards/Commissions
Chamber of Commerce
Save the Poudre
Sierra Club
Fort Collins Sustainability Group
Water Providers
Sanitation Districts
CSU
Other Communities Page 40
Item 1.
7V2 draft 1041 Regulations Scope
Unnecessary burden
&
Ambiguous approval process
1041 Parameters Version 2 update
Pre-Submittal
Requirements
Adds a 28 day requirement for
Director to make FONAI
determination and a 60 day
time frame for staff to review
and deem application complete
Decision Maker
Eliminates the administrative
permit; makes City Council the
sole decision maker
Stakeholder Feedback
Page 41
Item 1.
8V2 draft 1041 Regulations Scope
How does 1041 lead to a
better project outcome and
enhance overall community
benefits?
1041 Parameters Version 2 update
Thresholds
Added geographic based
thresholds to designated
activities impacting City Parks,
Natural Areas, Natural Habitat
Buffer Zones, Cultural
resources
Stakeholder Feedback
Page 42
Item 1.
9V2 draft 1041 Regulations Scope
Concern about term
“significant”
1041 Parameters Version 2 update
Definitions
Reworking of the FONSI to become
the FONAI or finding of negligible
adverse impact.
1.) Change from a significant impact
standard to a review of whether there
are adverse impacts of any kind.
2.) To the extent there are adverse
impacts, mitigation can compensate
for the adverse impacts in order to
meet a standard.
Stakeholder Feedback
Page 43
Item 1.
10V2 draft 1041 Regulations Scope
Concern about IGA
Option
1041 Parameters Version 2 update
IGAs Section Removed
Stakeholder Feedback
Page 44
Item 1.
11V2 draft 1041 Regulations Scope
Requirements for
water conservation
go beyond the City’s
appropriate reach
1041 Parameters Version 2 update
Review Standards
Removes requirements related to the
applicant’s system that are not
physically within the scope of the
regulations
Stakeholder Feedback
Page 45
Item 1.
Can Appeal to
City Council
Can Appeal to
PZ Commission
121041 Regulations Procedural Time Frame
Administrative Permit
Director DecisionStaff ReviewApplication
Complete
Completeness
Review
Application
Submitted
90-days to Decision
90 Day
Continuance
City Council
Hearing
PZ Commission
RecommendationStaff ReviewApplication
Complete
Completeness
Review
Application
Submitted
60-Days 90-days to Hearing
28-Days pre-application review (determine whether permit is required)
Page 46
Item 1.
131041 Regulations Scope v2
•Designation Procedures
•Definitions
•Exemptions
Applicability
•Determination of Permit Type
•Neighborhood Meeting
•Public Hearing
Approval
Process
•General Standards
•Activity Specific Standards
•Activity Specific Purpose
Review
Standards
•Financial Security
•Inspection/Reporting
•Enforcement
Permit
Administration
•Permit Application (Submittal
Requirements)Exhibits
Revised Approach: Changes in Scope
Major Water Projects •Transmission &
Distribution
Mains
•Water
Diversions
•Water Treatment
Facility
•Reservoirs
•Storage Tanks Major Wastewater Projects•Wastewater
Treatment
Plants
•Interceptor &
Collector Lines
•Lift Stations Highway Projects•New Highways/
Interchanges/
Collector
Highways
•Expansions by 1
Vehicular Lane
•Expansions of
Interchanges or
Bridges
Page 47
Item 1.
14V2 1041 Regulations Scope
Water and Wastewater Projects
Located in Natural Area, Park or Other City Property
Located in Natural Habitat Buffer Zone (NHBZ)
Impacts to Historic/Cultural Resources
Highway Projects
Located in Natural Area, Park or Other City Property
Located in Natural Habitat Buffer Zone (NHBZ)
Impacts to Historic/Cultural Resources
May Result in Relocation of Homes or Businesses
Proposed Approach: Geography-Based Thresholds
Page 48
Item 1.
15Cultural Resources
Historic/Cultural Resources
200’ Buffer
-Designated (City, State, or Federal)
-Eligible (City, State, or Federal)
-Local Corridors consistent with NHBZ
(e.g., Spring Creek, Cache la Poude,
etc
Page 49
Item 1.
16Land Use Code: Natural Habitat Buffer Zone (NHBZ)
Example:
Natural Habitat Features
Buffer Zone
Standard
Isolated Areas
Shrubland 50 feet
Riparian forest 50 feet
Lakes or reservoirs 100 feet
Wetlands < ⅓ acre in size 50 feet
Stream Corridors
Boxelder Creek 100 feet
Cache la Poudre 300 feet
Cooper Slough 300 feet
Dry Creek 100 feet
Fossil Creek and Tributaries 100 feet
Spring Creek 100 feet
Page 50
Item 1.
17Federal vs Local Jurisdiction
Federal Permitting
documents are identified and
reviewed during pre-
application
Review for concurrence with
mitigation plans covered by
another agency
Buffers are applied and
Mitigation is required for any
adverse impacts to non
jurisdictional wetlands
Page 51
Item 1.
18Scenario: Natural Habitat Buffer Zone
50’ Buffer
Alternative 3
Alternative 2
Alternative 1
No Permit Required
FONAI Issued, No Permit Required
Full Permit Required
Page 52
Item 1.
•Consider anticipated adverse impacts + mitigation
•Conformance to City Plans and policies
•Natural hazard risk
•Nuisances
•Hazardous materials risk
19Impact Analysis
Review Standards Evaluate Impacts to:
•Local infrastructure and service delivery
•Recreational opportunities & experience
•Viewsheds & visual character
•Air quality
•Water quality
•Wetlands & riparian areas
•Terrestrial & aquatic animal life
•Terrestrial & aquatic plant life
•Other natural habitats & features
•Significant trees
•Historic & cultural resources
•Soils & geologic conditions
•Disproportionately impacted communities
Page 53
Item 1.
20SPAR Exemption
Key Considerations:
Advisory vs regulatory
SPAR projects are not evaluated for
compliance with Land Use Code
“Location, Character, and Extent” review
Less rigorous documentation and
analysis
Staff proposed options:
Option 1 –Exempt all projects previously reviewed
through the SPAR process.
Option 2 -Exempt projects previously approved
through the SPAR process.
Option 3 –No exemptions for previously reviewed
SPAR projects.
Page 54
Item 1.
21Where Are We Going Next?
Timing for Council Consideration
Recommended
Next Steps
November 15 Consent Agenda Item extending the length of moratorium for 3 months
Additional time for stakeholder review
First Reading –December or January
Second Reading –January or February
Continued Public Engagement
Technical Working groups
Press Release
City website engagement
1:1 Interviews
Public open Houses
Page 55
Item 1.
22Council Questions
1.Do Councilmembers support extending the length of the moratorium to allow for final refinements to the code
and additional outreach?
2.Do Councilmembers have feedback on the proposed scope to focus on the greatest areas of impacts rather
than major projects?
Geographic Thresholds:
•Parks, natural areas, and other city-owned properties
•Natural habitat buffer zones
•Historic and cultural resources
3.Do Councilmembers support exempting projects previously approved through Site Plan Advisory Review
(SPAR), while still requiring 1041 permitting for projects not approved through SPAR?
Page 56
Item 1.
For Questions or Comments, Please Contact:
Kirk Longstein
klongstein@fcgov.com
Page 57
Item 1.
24
BACKUP SLIDES
Page 58
Item 1.
25SPAR and 1041 Regulations
Parameters SPAR 1041 Regulations
Applicability only public entities covered by statute Council designated activities include water, wastewater and
highway projects
Pre-Submittal Required 60 Day total review period
adds a 28-day requirement for Director to make FONAI
determination and a 60 day time frame for staff to review and
deem application complete
Review Standards
Evaluates Location, Character and Extent
And conformity with the City’s Comprehensive
Plan
Cumulative impact analysis
Decision Maker Planning and Zoning Board
Decision Can Be Overruled
City Council is the sole decision maker
Decision is binding
Financial Security
Required None More detailed requirements regarding inspection and
monitoring of projects.
Page 59
Item 1.
261041 Regulations v2
1041 Parameters Version 1 (June 2022)Version 2 (October 2022)
Pre-Submittal Required No specific time requirement adds a 28-day requirement for Director to make FONAI determination and a 60-day
time frame for staff to review and deem application complete
Using Term Significant Used in various standards and as a way to differentiate
projects subject to the regulations
Reworking of the FONSI to become the FONAI or finding of negligible adverse
impact. 1.) Change from a significant impact standard to a review of whether there
are adverse impacts of any kind. To the extent there are adverse impacts, mitigation
can compensate for the adverse impacts in order to meet a standard.
IGAs Provided as an option to reduce procedural burden on
applications Section Removed
Thresholds No specific thresholds Narrowing of the scope of projects to which the 1041 regulations apply. They include
City Parks, Natural Areas, Natural Habitat Buffer Zones, Cultural resources
Exemptions
Used current definition of development to determine which
projects would be subject to regulations. Definition contains
exemptions for CDOT and utility work within the ROW or
existing easements
update the definition of development to include work with right away and existing
easements; included a new exemption for private development required to perform
utility or roadwork as part of development project subject to LDC
Arterial & Collector Hwys,
Interchanges Added geographic based thresholds to designated activities
1. Are located on (or cross through) an existing or planned future City natural area or
park, whether developed or undeveloped; or
2. Are located within an existing or potential future buffer zone of a natural habitat or
feature, as defined in the Land Use Code; or
3. Have potential to adversely impact historic resources.
New Water & Sanitation
Water Extensions
Decision Maker Administrative permit and Full permit Eliminated the administrative permit; made City Council the sole decision maker
Financial Security Required Yes
1.) Language that allows the City to retain third party experts to assist in review at the
applicant’s cost.
2.) More detailed language regarding inspection and monitoring of projects.
Page 60
Item 1.
27
Page 61
Item 1.
281041 Regulations Procedural Time Frame
Proposed Pre-Application Process
Conceptual
Review
•Determine 1041 Applicability
•Determine Pre-App Submittal Reqs: Studies
and Mitigation
Pre-Application/
FONAI
Determination
•Impacts Analysis
•Review Mitigation Approach
•Determine Permit Application
Neighborhood
Meeting
•Understand Public Concern
•Refine Permit Application
28 Days
FONAI
Determination
Page 62
Item 1.
291041 Regulations Scope
•Designation Procedures
•Definitions
•Exemptions
Applicability
•Determination of Permit Type
•Neighborhood Meeting
•Public Hearing
Approval
Process
•General Standards
•Activity Specific Standards
•Activity Specific Purpose
Review
Standards
•Financial Security
•Inspection/Reporting
•Enforcement
Permit
Administration
•Permit Application (Submittal
Requirements)Exhibits
Operations and
Maintenance
Private Development
Subject to LUC
Approved Development
with Vested Rights
Does Not Meet Definition
of Development
Proposed Approach: Exemptions
Page 63
Item 1.
301041 Regulations Scope
•Designation Procedures
•Definitions
•Exemptions
Applicability
•Determination of Permit Type
•Neighborhood Meeting
•Public Hearing
Approval
Process
•General Standards
•Activity Specific Standards
•Activity Specific Purpose
Review
Standards
•Financial Security
•Inspection/Reporting
•Enforcement
Permit
Administration
•Permit Application (Submittal
Requirements)Exhibits
Operations and
Maintenance
Approved Development
with Valid Building Permit
Approved Development
with Vested Rights
Does Not Meet Definition
of Development
Revised Approach: Definitions & Exemptions
UPDATES
Definition of
Development
include:
1.CDOT projects within
existing ROW
2.City or Public utility
work within existing
easements/ ROW
Page 64
Item 1.
Administrative
Permit Full Permit
Historic/Cultural
Resources
NHBZs
City NAs or Parks
311041 Regulations Process
Revised Draft: Permit Hierarchy
Finding of
Negligible Adverse
Impacts (FONAI)
Final
Development
Plan
ROW
Encroachment
Permit
NAD Easement
Policy
City Council as
Decision Maker
Page 65
Item 1.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 5
November 7, 2022
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Tyler Marr, Deputy City Manager
LeAnn Williams, Director, Recreation
SUBJECT FOR DISCUSSION
Southeast Community Center and Aquatics Update.
EXECUTIVE SUMMARY
The purpose of this work session is to provide an update on the options for the Community Capital
Improvement Program (CCIP) funded Southeast Community Center with Outdoor Pool project.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Are Councilmembers supportive of pursuing a phased approach to the Southeast Community Center
with aquatics to allow for continued conversations related to Poudre School District’s land and the
potential collocation of a Poudre River Public Library District Branch? OR
2. Do Councilmembers support moving forward with the facility described in the 2015 CCIP ballot
measure at Fossil Creek Park, foregoing the potential partnerships for now?
BACKGROUND / DISCUSSION
On April 7, 2015, the voters of Fort Collins approved extending the .25% Building on Basics Capital Projects
Sales and Use Tax for a period of ten years for the purpose of obtaining revenue for the “Community
Capital Improvement Program” (CCIP) Capital Projects and Related Operation and Maintenance. The
Southeast Community Center with Outdoor Pool was one of the projects approved by voters.
The Southeast Community Center with Outdoor Pool will build a Community Center in southeast Fort
Collins focused on innovation, technology, art, recreation, and the creative process. The Center will also
have a large outdoor leisure pool with water slides, sprays, jets, decks, a lazy river, and open swimming
area. The approved project had $14M for construction and $230K per year for Operations and Maintenance
(O&M) for five years.
The Southeast Community Center was identified to be a full-service Community Center in the ReCreate
Parks and Recreation Master Plan in 2021. The recommendation was to add a Community Center in the
Southeast.
Page 66
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 5
The 2021 ReCreate Master Plan also recommended adding two more pools to the city by 2040. According
to the survey as part of the Master Plan, swimming pools were identified as the highest priority with paved,
multi-use trails as second.
As a result of the FY22 BFO request to perform major work at Mulberry Pool, staff was directed to conduct
a thorough study to determine the viability and efficiency of renovating an old facility like Mulberry Pool,
alongside the overall aquatics needs in the community to make the most informed decision on future
budget allocations. Staff engaged a consultant, Counsilman-Hunsaker in late 2021 to perform the study.
The consultant visited each existing site in our system and evaluated them based on national and regional
expectations for aquatics facilities, programs, and amenities. Councilman-Hunsaker issued the following
guidelines:
1. The City’s aquatic system should provide the community with options for public lane swim, aquatics
exercise, aquatic instruction and other programs including specialized training and competition.
2. Counsilman-Hunsaker recommended a balanced system to support all user groups.
3. The balanced system includes both indoor and outdoor water, even in colder climates.
Geographically, the recreation system is concentrated in the northern region of Fort Collins, with no
aquatics facilities south of Drake and no recreation facilities south of Horsetooth Road, as illustrated in the
two maps below:
Page 67
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 5
In addition to observations and metrics for each facility, Counsilman-Hunsaker reached the following key
findings:
1. Need for aquatics amenities in the southeast quadrant of the city
2. Need for additional training (lap lanes), 6 at current population and 8 based on 2025 projected
population
3. Need for additional recreation water
4. Leverage the existing user group relationships to support the additional facilities and amenities.
5. Additional investment in Mulberry pool not suggested
Staff has been working with existing user groups and partners to potentially address the identified aquatic
gaps with the build of the Southeast Community Center with Outdoor CCIP project.
Page 68
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 4 of 5
Staff presented these findings at a Council work session on March 23, 2022. The feedback from that work
session was:
1. Leverage the existing user group relationships to support additional facilities and amenities
2. Fair share approach to capital and O&M
3. Not invest another 3-5 million in Mulberry Pool
As a result of the work session, staff began discussions with local partners to add additional aquatic
capacity to the CCIP Southeast Community Center with Outdoor Pool and worked with Perkins and Will,
consultants, to identify the cost of the base ballot project and the base ballot project with additional aquatic
and recreation amenities.
Staff presented the findings of both capital cost and ongoing O&M to the Council Finance Committee on
August 1, 2022. Feedback from that meeting was:
1. ReCreate Master Plan Data – how does it tie into the aquatic gaps identified and the build of the
Southeast Community Center
2. Opportunity cost? What aren’t we doing if we allocate additional funding to the Southeast Community
Center?
3. What are the usage numbers at our facilities? Who is using them?
4. How much water do our current aquatic facilities use per year?
5. Fair share approach for capital and O&M
6. Detailed O&M for Southeast Community Center
Based upon the feedback received and data and recommendations from the ReCreate Master Plan and
Aquatics Study, staff has been having numerous conversations with partners related to the use of the
preferred land and the ability of partners to contribute to the master -plan identified project in both capital
and O&M. As a result of those discussions and what partners are currently able to contribute, staff is
recommending the City build a project that has the ballot required items, including outdoor leisure aquatics,
a small community center, and potentially outdoor lanes.
Staff further recommends pursuing a phased approach that could add both indoor training lanes, indoor
leisure aquatics and other master plan identified amenities given funding is not currently available for that
scale of project. Pursuing phasing allows for conversations to continue with PSD related to using or
purchasing their land, which is the preferred site, and allows the Library District’s conversations around
collocating a branch on that site to continue as well. Bringing subsequent phases of the project to fruition
would likely require the use of the CCIP renewal or some other revenue source. If Council does not want
to commit to phasing this project, staff recommends that the project proceed with the ballot described
amenities at Fossil Creek Park.
Staff will present the following costing options and projections for Council’s information to help inform a
decision as to whether phasing is supported.
Option 1: Ballot Project
Capital Cost: $16.5M
O&M: Annual City Operation Expenses - $1,146,169. Annual Projected Revenue - $689,174. Difference -
-($456,995). Cost Recovery – 64%
Page 69
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 5 of 5
Option 1A: Ballot Project + 8 outdoor lap lanes
Capital Cost: $20.7M
O&M: Annual City Operating Expenses - $1,146,169. Annual Projected Revenue - $749,368. Difference -
-($396,801) Cost Recovery – 65%
Option 2: Ballot Project + Indoor Aquatics and Library – Proposed for phasing
Capital Cost: Total Project - $66.3M (City portion ~$42-44M)
O&M: Annual City Operation Expenses - $1,883,913. Annual Projected Revenue - $1,273,505. Difference
- -($610,413). Cost Recovery – 68%
NEXT STEPS
Based on feedback from Council, staff will either move forward with the design of the Southeast Community
Center with Outdoor Pool CCIP project or continue conversations with partners with a phased project in
mind, working to secure an option to build on PSD’s land.
ATTACHMENTS
1. Presentation
Page 70
Item 2.
Southeast Community Center and Aquatics Build-out
11/07/2022
Tyler Marr, Deputy City Manager
LeAnn Williams, Director, Recreation
Page 71
Item 2.
2Direction Sought
•Is City Council supportive of pursuing a phased approach to the SE
Community Center with outdoor aquatics to allow for continued
conversations related to Poudre School District’s land and the
potential collocation of a Poudre River Public Library District
branch?
OR
•Does Council support moving forward with the facility described in
the 2015 CCIP ballot measure at Fossil Creek Park, foregoing the
potential partnerships for now?
Page 72
Item 2.
Aquatics
study
January
2022
3Recap
Timeline: How we got here
CCIP
Ballot
passed
April 7,
2015
Aquatics
Council
Work
Session
March 23,
2022
Council
Finance
Committee
August 1,
2022
TODAY
November
7, 2022
ReCreate:
Parks &
Recreation
Master Plan
adopted
January
2021
City Council
requests
aquatics
study during
BFO work
session
October 5,
2021
March –November 2022
Conversations with PSD and PRPLD
Page 73
Item 2.
Map of Existing Aquatic Facilities 4
potential sites of SE
facility
•Existing aquatic
facilities are
concentrated in the
northern half of the
city
•Don’t meet the
demand of residents
for both
indoor/outdoor leisure
and indoor/outdoor
lap lanes
•The senior center
pool is open only to
adults 18 and over
Page 74
Item 2.
Land Considerations for Southeast Facility 5
Fossil Creek Park
•Identified in 2013 feasibility study and
2020 Master Plan
•Small footprint for a one-story facility
•Parking lot expansion
•Could support base project with outdoor
lanes
•No opportunity for partners at this site
•Land has been identified as best option for
a pickleball complex in an existing
community park per Park Planning and
Development
Land adjacent to Fossil Ridge High School
•Identified in 2013 feasibility study as best
option
•Large acreage
•Could support large and/or co-located
facilities
•Requires partnership with Poudre School
District
•City staff preferred site
•Opportunity to co-locate with Poudre River
Public Library District
Page 75
Item 2.
6Aquatic Study Findings Recap
Aquatic Study Findings:
•Need for aquatic amenities in the
southeast quadrant of the city
•Need for 6-8 additional training
(lap) lanes
•Need for additional recreational
water (leisure pool, lazy river,
slides)
•Opportunity for partnership to
meet community need
Page 76
Item 2.
Aquatic Facility Usage Numbers 7
Mulberry Pool 2019
Available hours for rental PSD hours
Mulberry Pool 2021
Available hours for rental PSD hours
Mulberry Pool 2022 to-date
Available hours for rental PSD hours
EPIC 2019
peak hours for the year PSD hours
EPIC 2020
Available hours for rental PSD hours
EPIC 2021
Available hours for rental PSD hours
EPIC 2022 to-date
Available hours for rental PSD hours
Page 77
Item 2.
ReCreate: Parks & Rec Master Plan Recommendation 8
Community & Neighborhood
Recreation Centers
+3 by 2040
Pools
+2 by 2040
Priority Investment
Rating was 197
Paved, Multi-use
trails were second
at 157
Page 78
Item 2.
General Fund Subsidy/O&M 9
Operations & Maintenance (O&M)
•Operations & Maintenance:
estimates provided from consultants
•General Fund (GF) subsidy is conservative
–fees can be adjusted to reduce subsidy
•Revenue projections are conservative
•Potential for O&M cost share with partners
•2024-28: CCIP O&M will reduce GF
subsidy by $230K each year
•Full O&M 2029 and beyond
Page 79
Item 2.
Option 1: Ballot Project
Community Activity Center and Outdoor Aquatics
5
6
4
1
2
3
Space Key
1.Main entry, Lounge and Offices
2.Multi-Activity Recreation and Gym Space
3.Creation Space
4.Art Studio
5.Outdoor Leisure Pool
6.Poolhouse (Lockers, Office, Mechanical)
Total Project Costs
Community Activity
Center
•Entry, Offices and
Lounge
•Multi-Activity
Gymnasium
•Creation Space
•Art Studio
$7,660,224
Outdoor Leisure Pool
Complex $7,526,250
Site Costs $1,274,063
Total Project Budget $16,460,537
Operations and Maintenance
Annual Operating Expenses $1,146,169
Annual Projected Revenue $689,174
Difference -($456,995)
Cost Recovery 64%
Page 80
Item 2.
Option 1A:Ballot Project +
Outdoor Lap Lanes
Community Activity Center and Outdoor Aquatics
5
6
4
1
27
3
Space Key
1.Main entry, Lounge and Offices
2.Multi-Activity Recreation and Gym
Space
3.Creation Space
4.Art Studio
5.Outdoor Leisure Pool
6.Outdoor 8-lane 25-yard Lap Pool
7.Poolhouse (Lockers, Office,
Mechanical)
Total Project Costs
Community Activity
Center
•Entry, Offices and
Lounge
•Multi-Activity
Gymnasium
•Creation Space
•Art Studio
$7,660,224
Outdoor Pool Complex
•Leisure Pool
($7,526,250)
•8-Lane Lap Pool
(4,299,750)
$11,826,000
Site Costs $1,274,063
Total Project Budget $20,760,287
Operations and Maintenance
Annual Operating Expenses $1,146,169
Annual Projected Revenue $749,368
Difference -($396,801)
Cost Recovery 65%Page 81
Item 2.
Option 2
Community Activity Center, Indoor & Outdoor Aquatics and Library
Space Key
1.Main entry, Lounge and Offices
2.Multi-Activity Recreation and Gym Space
3.Indoor Leisure Pool
4.Indoor 10-lane Lap Pool
5.Aquatic Support
6.Lockers and Support
7.Library Entry, Info Desk
8.Adult Collections, Study, Collaboration
9.Children’s Reading and Activity Area
10.Innovation areas, Creator & maker Space
11.Outdoor Leisure Pool
5
6
4
7
1
2
8
3 9
11
10
Total Project Costs
Community Activity Center
•Entry, Offices and Lounge
•Multi-Activity Gymnasium
$4,944,632
Indoor/Outdoor Pool Complex
•Indoor Leisure Pool
($14,506,678)
•Indoor 10-lane Lap Pool
($15,718,725)
•Outdoor Leisure Pool
($7,526,250)
$37,751,653
Library (paid for the Library)$20,532,278
Site Costs $3,091,500
Total Project Budget $66,320,063
Operations and Maintenance
Annual Operating Expenses $1,883,913
Annual Projected Revenue $1,273,505
Difference -($610,413)
Cost Recovery 68%Page 82
Item 2.
13Southeast Facility Capital Cost/Funding
Considerations:
•Option 2 (Phased Approach) would cost
$2.1M annually
Significant tradeoffs
•Believe there is strong potential for
partnerships
•Committing to phasing important to
keeping partnership dialogue open
•Front loading project in CCIP one
potential option
Page 83
Item 2.
Comparison of Options 14
Ballot Project
Option 1 or 1A
Community Activity Center, Indoor
& Outdoor Aquatics, and Library
Option 2 | Phased Approach
Page 84
Item 2.
15Direction Sought
•Is City Council supportive of pursuing a phased approach to the SE
Community Center with outdoor aquatics to allow for continued
conversations related to Poudre School District’s land and the
potential collocation of a Poudre River Public Library District
branch?
OR
•Does Council support moving forward with the facility described in
the 2015 CCIP ballot measure at Fossil Creek Park, foregoing the
potential partnerships for now?
Page 85
Item 2.
QUESTIONS?
Page 86
Item 2.
Backup slides
Page 87
Item 2.
Aquatic Facility Usage Numbers 18
AQUATIC FACILITY USE
EPIC
2019: 121,513
2020: 85,151
2021: 109,701
2022: 95,531 to date
Senior Center
2019: 4,408
2020: 924
2021: 678
2022:3,150 to date
City Park Pool
2019: 42,160
2020: 0
2021: 45,035
2022: 45,124
Mulberry Pool
2019: 40,105
2020: 12,767
2021: 29,364
2022: 19,532 to date
Page 88
Item 2.
Aquatic Facility Water Use 19
AQUATIC FACILITY WATER USE (in gallons) with annual cost
EPIC (includes Ice but majority is pool)
2019: 6.1M -$18,911
2020: 5.7M -$17,982
2021: 5.4M -$25,907
2022 to date: 3.4M -$11,450
Senior Center (entire facility)
2019: 1.6M -$6,431
2020: 661K -$3,803
2021: 667K -$3,976
2022 to date: 1M -$4,328
City Park Pool
2019: 1.1M -$8,634
2020: 848K -$7,597
2021: 1.5M -$9,610
2022 to date: 840K -$6,387
Mulberry Pool
2019: 2.4M -$8,680
2020: 1.6M -$6,410
2021: 1.6M -$6,602
2022 to date: 1.3M -$7,087
Page 89
Item 2.
Options for City Council 20
•Ballot Language only
•Includes:
•Outdoor leisure aquatics
•Innovation piece
Could add a second phase to
this facility that would address
master plan recommendation
and aquatic gaps
•Ballot Language +
•Add outdoor lap lanes
•Ballot Language +
•Indoor leisure aquatics and 10 lap
lanes (if PSD partnership)
•Innovation: Library (partner with
PRLD)
•Only location is next to Fossil
Ridge HS for Library Partnership
•Phased approach for indoor facility
Ballot Language Ballot Language + Outdoor
Lap Lanes
Ballot Language + Partners +
Address Aquatic Gaps
Staff Recommendation
Page 90
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 6
November 7, 2022
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Marcy Yoder, Neighborhood Services Manager
John Feyen, Assistant Police Chief
John Duval, Legal
SUBJECT FOR DISCUSSION
Overview of Public Nuisance Ordinance.
EXECUTIVE SUMMARY
The purpose of this item is for Council to discuss a new public nuisance ordinance (PNO) that allows for
a clearer, broader definition of public nuisance and adds new enforcement mechanism for abating public
nuisances and chronic nuisance properties. The new PNO would allow staff to address the current
community issues and nuisance situations more effectively.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What questions does Council have regarding the draft public nuisance ordinance?
BACKGROUND / DISCUSSION
Introduction
The City adopted in 2000 an ordinance for the abatement of public nuisances (PNO) to address the
nuisance issues being experienced at that time with few significant amendments to the PNO since then.
Many of the issues were in residential areas and were focused on noise nuisances and other nuisances
outlined in the Code Chapter 20, such as tall weeds and grasses, rubbish, inoperable vehicles, etc.
Those issues continue to exist, but we have seen an expansion of nuisance issues that include drug-
related activities, gatherings that result in assaults, firearms being discharged, animal control issues, fire
code issues including illegal fireworks and outdoor burning, building code violations, abandoned buildings,
and obstruction of sidewalks and streets.
The proposed Ordinance would repeal the current PNO and reenact a new PNO which, if adopted, will
expand the scope of public nuisances, add new enforcement tools, and simplify the administrative process
for utilizing these tools.
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History of current Public Nuisance Ordinance
Originally developed in early 2000, the purpose of the current PNO was to remedy chronic problems at
properties in Fort Collins using a civil abatement process where citing specific, individual nuisance
violations of the Code were found to be ineffective in abating the chronic problems that were adversely
affecting neighborhoods
The current PNO ordinance in Municipal Code generally provides for the following enforcement steps to
be taken before the civil abatement process can be used:
1. The City first identifies a property that might be becoming a public nuisance. This could happen in one
of several ways, including complaints from neighbors or a neighborhood group, a large number of
nuisance violations (resulting in citations issued) which begin to show a pattern to a staff member, or
the police department noticing a chronic problem and calling it to the attention of the Code Compliance
staff.
2. The Code Compliance Case Manager then collects data about the potential nuisance property to
determine how serious and chronic the problem is in comparison to similar properties in the City. If the
property has multiple violations, the City Attorney’s Office would also help to decide whether cause
exists to file a civil abatement action in Municipal Court.
3. Notice is sent by mail to the property owner and/or tenants when the City begins the process of
monitoring a location as a possible public nuisance. This initial letter notifies of the possibility of a public
nuisance violation, informing the parties that two (2) more additional violations within 12 months (3
total) or 4 additional violations within 24 months (5 total) could result in the filing of a public nuisance
action. During this time, the Case Manager would encourage the owner to work with the City, any
tenants, and possibly neighbors to develop a voluntary mitigation/abatement plan or agreement in
order to avoid future problems.
The focus of the current PNO has been to work with property owners to voluntarily resolve nuisances;
however, if the owner is unwilling to resolve the problem through an abatement plan, the PNO provides
the City with only the ability to file a civil abatement action against the owner in Municipal Court. Remedies
would then be limited to obtaining a civil abatement order to compel the owner to abate the nuisance and
a civil judgment to recover the City’s costs in pursuing the civil abatement process.
This might include such things as ordering a particular tenant to be evicted, clean-up the property, or order
that a certain person not engage in a certain kind of behavior. The process can also potentially result in a
misdemeanor charge if someone knowingly ignored or disobeyed the Court’s order. For example, if
someone was ordered by the Court to clean up a property and did not follow the order, that person could
then be prosecuted in Municipal Court, but only after the City has obtained the civil abatement order.
In practice, the utilization of the current PNO has been limited in recent years. This is partly a result of
Code Compliance’s focus on and high success rate of achieving voluntary compliance in the correction of
most nuisance violations. Most of Code Compliance’s cases do not ultimately result in the issuance of
citations. However, more recently the scope of nuisance types that can be addressed in the current PNO
is not broad enough to address the current community issues. Additionally, the prior case management
process for public nuisance actions has proven to be administratively burdensome due to the requirements
around tracking and individualized noticing to property owners for each violation that occurred that can
form the basis for the current civil abatement action.
City staff has therefore recently analyzed the current PNO and determined that an update to it is necessary
in order to address the current nuisance issues and to add new processes and enforcement tools that are
more practical from both an enforcement and administrative standpoint. For example, this includes
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expanding the proposed PNO to apply to “nuisance activities” that include criminal violations under the
City’s Code and state law and building and fire code violations.
Research
A review of other cities’ public nuisance and chronic nuisance property ordinances was conducted to gain
a better understanding of how other jurisdictions are addressing and resolving their public nuisances and
chronic nuisance properties. The jurisdictions we contacted in Colorado were Boulder and Parker. The
Town of Parker is currently the only other jurisdiction in the state with a chronic nuisance property
ordinance. Outside of Colorado, we reviewed the chronic nuisance ordinances in the following cities:
Cincinnati, OH; Kansas City, MO; Spokane, WA; Seattle, WA; Portland, OR; Elgin, IL; Springfield, IL; and
Milwaukee, WI.
Jurisdiction Definition of Chronic Nuisance Property
Parker, CO 3 or more occasions where nuisance activity is observed in 60 days or 7 or
more in 12 months
Cincinnati, OH 3 or more nuisance activities occurred at the premises in a 30-day period
Kansas City, MO 3 or more police responses to nuisance activity in 30 days, 7 or more in 180
days
Spokane, WA 3 or more nuisance activities observed on a property in 60 days, 7 or more in
12 months
Seattle, WA 3 or more nuisance activities exist or have occurred on a property in 60 days,
7 or more in 12 months
Portland, OR 3 or more nuisance activities exist or have occurred on a property in 30 days
Elgin, IL 3 or more instances of any one or any combination of nuisance activity in 12
months based upon 3 separate factual events that have been independently
investigated
Springfield, IL 3 or more separate inspections or incidents w/in 24 months that have been the
source of 3 or more violations as determined by an admin hearing officer; OR
2 or more of certain criminal activities in a 60-day period or 3 or more in a 365-
day period
Milwaukee, WI 3 or more responses from the police department for "nuisance activities" in 30
days
Based on our findings. we determined the appropriate threshold to establish a chronic nuisance property
is 3 or more nuisance activities exist or have occurred on a property within a 90-day period or 7 or more
nuisance activities within a one-year period.
Proposed PNO
Public Nuisance, Chronic Nuisance Property, & Nuisance Activity
The proposed PNO regulates two types of nuisances: i) a “public nuisance”; and ii) a “chronic nuisance
property”. The existence of each of them depends on the occurrence or existence of multiple or continuing
“nuisance activities” on a property.
A “nuisance activity” is defined in the PNO to include 68 categories of various criminal and civil violations
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happening on the property that individually or in combination result in either a public nuisance or chronic
nuisance property. These nuisance activities include:
civil infractions under the City Code, such as tall weeds and grass, rubbish, and inoperable motor
vehicles;
minor misdemeanor violations under the City Code, such as unreasonable noise, bodily waste, and
nuisance gatherings;
more serious misdemeanor violations under the City Code, such as resisting arrest, assault,
disorderly conduct, and building and fire code violations; and
misdemeanors and felonies under State law, such as criminal mischief, assault, harassment, arson,
firearms offenses, and drug-related offenses.
A “public nuisance” is more generally defined, while the definition of a “chronic nuisance property” is tied
to a certain number of nuisance activities occurring on a property within a set period of time.
A “public nuisance” exists when repeated nuisance activities (meaning more than one) have occurred on
the property or a continuing nuisance activity exists on it causing an unreasonable risk of harm or injury to
the public health, safety, or welfare. This would include circumstances where the nuisance activities are
unreasonably injuring, damaging, annoying, inconveniencing, or disturbing the peace of members of the
public with respect to their: (i) comfort, health, repose, or safety; or (ii) free use and comfortable enjoyment
of their property and of sidewalks, streets, or other public spaces near the offending property.
A ”chronic nuisance property” exists when:
3 or more nuisance activities have occurred on the property within 90 days, or 7 or more nuisance
activities have occurred within 1 year, with each activity occurring on a separate day, but not
applicable to a property having multiple residential unit s under common ownership (i.e., apartment
complex);
there are multiple residential units on the property under common ownership and 6 or more nuisance
activities have occurred within 90 days or 10 or more nuisance activities have occurred within 1 year,
with each activity occurring on a separate day ;
2 or more nuisance activities involving drug -related activity have occurred on the property within 30
days, with each activity occurring on a separate day ; or
the property is an “abandoned property” and any number of nuisance activities have occurred or exist
on it. An “abandoned property” is defined as a property where no one is asserting or claiming any
ownership or legal control over it.
Enforcement Tools
The proposed PNO is designed to provide the City with alternative tools for enforcement depending on the
circumstances.
The most basic of the tools is to provide the property owner and others in possession of the property, such
as tenants, with written notice of the existence of the public nuisance or chronic nuisance property. The
purpose of the notice is to give the owner and others noticed the opportunity to abate the nuisance activities
promptly and voluntarily or to work with the City in coming up with a plan to do so.
If the notice is unsuccessful in getting the cooperation of the person(s) responsible for the property, the
next step might be to issue a citation to the noticed persons for a civil infraction. The punishment for the
infraction would be a penalty assessment of $250 for the first offense, $500 for a second offense within 60
days, $1,000 for a third offense within 120 days, and $2,000 for fourth and subsequent offenses within 1
year. If the person cited does not voluntarily pay the penalty assessment stated in the citation, the civil
infraction would be tried in Municipal Court.
If the notice and any citations for the penalty assessment civil infraction are unsuccessful in remedying
and stopping the nuisance activities, the next step might be to consider issuing a citation to the property
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owner or other responsible persons for a misdemeanor offense. This offense would be subject to the City’s
same maximum penalties it imposes for other misdemeanors, which are a fine and court surcharge not to
exceed $3,000 or 180 days in jail, or both.
Whether the responsible persons are cited for a civil infraction or misdemeanor offense, each separate
day a public nuisance occurs or exists on a property, or the property continues to be a chronic nuisance
property, is considered a separate infraction or offense.
If the notice and any citations for the civil infraction and misdemeanor offense ar e unsuccessful, the tool
remaining in the PNO would be for the City to file a civil abatement action in Municipal Court against the
property owner and any other responsible persons. Under this civil proceeding, the City would be asking
the Court to issue temporary and permanent abatement orders requiring the owner and other responsible
persons to abate the public nuisance or chronic nuisance property. The Court would be able to enforce
its order under its contempt powers. Also, if an abatement order is issued and the person against whom
it is directed fails to obey it, that is considered a misdemeanor violation under which the person could be
arrested and prosecuted.
The City may also ask for the Court in the civil action to impose a civil penalty of not less than $100 but
not more than $1,000 for each day the public nuisance or chronic nuisance continued to exist after the City
served the initial notice to abate these conditions of the property. The City will then be entitled to a
judgment for this civil penalty amount plus all its other costs, including attorney fees, that it incurred in
pursuing its remedies under the PNO.
Other Significant PNO Provisions
The proposed PNO continues to include important and significant provisions that exist in the current PNO.
These include:
Preserving for the City’s code enforcement officers the legal authority to enter the property to abate
nuisances without a warrant when authorized under the Fourth Amendment.
Preserving for code enforcement officers the legal authority to obtain a search warrant to inspect the
property and abate a nuisance consistent with the Fourth Amendment.
Stating that the PNO is not intended to limit or prohibit the City or anyone else to pursue other remedies
to abate a nuisance as are available under any other laws.
Preserving City’s ability to file a lien against the property for the costs the City incurs in abating a
nuisance.
The proposed PNO also adds new significant provisions, and these are:
Describes the proof standards to be applied by the Municipal Court in determining whether an alleged
nuisance activity occurred on the property – in criminal proceedings proof beyond a reasonable doubt
and in civil proceedings proof by a preponderance of the evidence.
States that misdemeanor and civil infractions violations under the PNO will be strict liability offenses
not requiring proof of a culpable mental state, making these offenses easier to prove.
States the City is not required in proving a nuisance activity that any person was cited, held liable for,
or convicted in any court of the civil or criminal charge underlying the nuisance activity. However, the
City will still be required to prove that the nuisance activity occurred by other evidence.
States that if a person is held liable for or convicted in the courts for the charge underlying the nuisance
activity and that decision is final, this is to be deemed conclusive evidence by the Municipal Cou rt in
proceedings under the PNO that the nuisance activity occurred, but the City will still be required to
prove the activity occurred on the property.
Allows the Municipal Court to consider as a mitigating factor in proceedings under the PNO that the
defendant was the victim or person harmed by the nuisance activity or activities forming the basis for
the public nuisance or chronic nuisance property, but only if the Court also finds : (i) the defendant or
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someone acting on their behalf promptly reported th e nuisance activity to law enforcement; and (ii)
at the time of the activity, the defendant had reasonably effective means in place to prevent nuisance
activities occurring on the property or to manage them if prevention not reasonably practicable.
These means may include security cameras, security services, fencing, on -site personnel, and any
other services, equipment, or facilities having as their function to prevent nuisance activities from
happening on the property.
NEXT STEPS
Staff will incorporate feedback into the first reading scheduled for 11-15-22. The second reading is
scheduled for 12-6-22.
ATTACHMENTS
1. Draft Ordinance
2. Presentation
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ORDINANCE NO. , 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING ARTICLE IX OF CODE CHAPTER 20 CONCERNING
PUBLIC NUISANCES
WHEREAS, in 2000, the City Council adopted Ordinance No. 28, 2000, to add Article IX
to Chapter 20 of the Code (“Article IX”) to establish a process for abating public nuisances by the
City filing a civil action in Municipal Court asking the Court to issue civil orders requiring the
property owner or others responsible to abate the public nuisance; and
WHEREAS, the aim and focus of the IX was primarily to add an enforcement tool to those
already available to address nuisances on privately-owned properties, such as noise violations,
rubbish accumulation, tall weeds and grass, inoperable motor vehicle, and similar activities that
affected the health, safety, and welfare of nearby properties and the public in general; and
WHEREAS, the intent was to use this enforcement tool for those properties having
chronic-public-nuisance problems that were not being resolved by the then existing enforcement
tools; and
WHEREAS, there have not been any significant amendments to Article IX since 2000, so
the only tool it currently provides is the civil abatement process: and
WHEREAS, since 2000 the City’s population has grown from just over 118,000 to over
170,000 and with this growth has come increased crime, including a significant increase in the
number, severity, and dangerousness of activities on and conditions of privately-owned properties
that threaten and harm the health, safety, and welfare of nearby properties, neighborhoods, and the
public in general; and
WHEREAS, these more recent problematic activities and conditions have included the
occurrence of more serious crimes, such as unlawful drug use, firearm violations, assaults,
harassment, human wastes, and similar offenses; and
WHEREAS, Article IX has proven ineffective in preventing or abating these activities and
conditions on properties due to its narrow scope, its lack of alternative enforcement tools, and
because it has proven difficult to apply and use administratively as an enforcement tool; and
WHEREAS, City staff has researched what other communities experiencing nuisance
problems similar to the City’s have used as enforcement tools to prevent and abate these newer
types of nuisances; and
WHEREAS, based on that research, City staff is recommending this Ordinance to expand
the type of enforcement tools the City may use, to expand the type of activities and conditions on
properties that constitute nuisance activities, and to provide enforcement processes that are
administratively easier to use; and
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WHEREAS, Chief Municipal Judge Jill Hueser has also reviewed the provisions of this
Ordinance pertaining to the rules of procedure to be used by the Municipal Court in the civil
abatement process and, pursuant to Section 1 of Charter Article VII, she is recommended to City
Council that it adopt these provisions; and
WHEREAS, the Council has determined, and now finds, that the adoption of this
Ordinance is necessary for the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Article IX of Chapter 20 of the Code of the City of Fort Collins is
hereby repealed and reenacted to read as follows:
ARTICLE IX. PUBLIC NUISANCES
Division 1. General
Sec. 20-110. Legislative purpose.
The abatement of local public nuisances for the protection of public health, safety, and welfare is
a matter of purely local and municipal concern. The purpose of this Article is to eliminate public
nuisances. The remedies provided in this Article are designed to eliminate public nuisances by
removing property from a condition or conditions that either create an immediate need for
abatement to protect the public health, safety, or welfare, or lead to consistent and repeated
violations of state or municipal law. Another purpose of this Article is to require persons owning,
leasing, or otherwise in control of property to be vigilant in preventing public nuisances on and in
their property, to make them responsible for the use of their property by themselves, occupants,
and trespassers, and to otherwise deter public nuisances.
Sec. 20-111. Definitions.
Unless the context clearly requires otherwise, the following words, terms, and phrases, when used
in this Article, shall have the meanings ascribed to them in this Section:
Abandoned property means a property over which the person owning, leasing, or otherwise in
control of the property, or the agent of such person, no longer asserts control due to death,
incarceration, or any other reason, and which property is either unsecured or subject to
occupation by trespassers or other unauthorized individuals.
Abate means to bring to a halt, eliminate, prevent, or, where that is not reasonably practicable, to
suppress, mitigate, or reduce.
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Abatement agreement means a written contract between the City and a person owning or leasing
a property on which there is a public nuisance or that has become a chronic nuisance property,
or the agent of such person, in which contract the person agrees to timely take all corrective
actions to abate the public nuisance or chronic nuisance property and to prevent them from
reoccurring as agreed in the contract . Such corrective actions may include, without limitation
and as applicable :
1. Effective tenant screening, leasing, and rule enforcement;
2. Implementing physical improvements for crime prevention;
3. Providing security for the property;
4. Evicting persons responsible for the nuisance activity;
5. Pursuing other remedies available under any lease or other agreement applicable to the
property;
6. Promptly reporting nuisance activities to law enforcement; and
7. Regular cleaning, maintenance, and repair of the property and the buildings located on
it.
Agent means any person legally authorized to act on behalf of or in place of the owner or lessee
of a property, which may include, without limitation, a person providing property management
services, a trustee, conservator, and personal representative .
Building means a structure with the capacity to contain, and is designed for the shelter of, humans,
animals, or personal property of any kind. Building shall include, without limitation, any house,
office building, store, warehouse, or any other residential or nonresidential structure of any kind,
whether or not such structure is permanently affixed to the ground upon which it is situated, and
any trailer, semi-trailer, trailer coach, mobile home, or other vehicle designed or used for
occupancy by persons for any purpose.
Chronic nuisance property means:
1. A property where three (3) or more nuisance activities have occurred within a ninety
(90) day period or seven (7) or more nuisance activities have occurred within a one
(1) year perio d, with each activity occurring on a separate day , but this shall not
include a property on which is more than one (1) residential unit that are all under
common ownership ;
2. A property that is more than one (1) residential unit that are all under common
ownership where six (6) or more nuisance activities have occurred within a ninety
(90) period or ten (10) or more nuisance activities have occurred within a one (1) year
period, with each activity occurring on a separate day.
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3. A property where two (2) or more nuisance activities involving drug-related activity
have occurred within a thirty (30) day period , with each activity occurring on a
separate day; or
4. Any abandoned property where any number of nuisance activities have occurred or
exist.
Code enforcement officer means an individual appointed by the chief of police pursuant to Code §
2-503(b)(2) to enforce the provisions of this Article and City police officers authorized to enforce
the Code as provided in § 2-503(b)(1).
Drug-related activity means any activity at a property which is an offense under Part 4 in Article
18 of C.R.S. Title 18, which offenses include, without limitation, the unlawful manufacture,
cultivation, growth, production, delivery, sale, storage, possession, use, or giving away of any
controlled substance and possession of drug paraphernalia.
Lessee means a person having a possessory interest in a property under an oral or written lease
agreement.
Municipal court or court means the municipal court of the City as established in Article VII,
Section 1 of the Charter.
Municipal judge means any judge of the Fort Collins municipal court appointed by the City
Council as provided in Article VII, Section 1 of the Charter.
Notice to abate means a written notice issued by a code enforcement officer as provided in § 20-
113.
Nuisance activity means any of the following violations and nuisances occurring or existing on a
property and committed by any person, including, without limitation, by an owner, lessee, agent,
occupant, or trespasser:
1. Disorderly conduct - Code § 17-124.
2. Social host and underage use or possession of alcohol or marijuana - Code § 17-
168.
3. Unreasonable noise - Code § 17-129.
4. Nuisance gatherings - Code §§ 17-131 and 17-132.
5. Camping on private property - Code § 17-182.
6. Violations of the 2021 International Fire Code – Code §§ 9-1 and 9-2.
7. Marijuana cultivation - Code § 12-142.
8. Dwelling unit occupancy limits - § 3.8.16 of the Fort Collins Land Use Code.
9. Animal violations - Divisions 4 and 5 of Code Chapter 4.
10. Hazardous waste disposal - Code § 12-21.
11. Hemp violations - Code §§ 12-222 and 12-23.
12. Abandoned refrigerators and similar items - Code § 17-81.
13. Discharging weapons - Code § 17-101.
14. Throwing of missiles - Code § 17-102.
15. Bodily waste - Code § 17-103.
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16. Disturbing the peace - Code § 17-121.
17. Harassment - Code § 17-126.
18. Open container - Code § 17-141.
19. Public nudity - Code § 17-142.
20. Inhaling toxic vapors - City Code § 17-162.
21. Underage possession or use of alcohol - Code § 17-167.
22. Use and possession of marijuana - City Code § 17-191.
23. Use of alcohol for cannabinoid extraction from marijuana - Code § 17-194.
24. Air pollution nuisances - City Code § 20-1.
25. Noise violations - Article II of Code Chapter 20.
26. Exterior property maintenance nuisances - Article III of Code Chapter 20.
27. Weeds, unmowed grasses, refuse, rubbish, outdoor furniture, and outdoor storage
nuisances - Article IV of Code Chapter 20.
28. Inoperable motor vehicle violations - Division 2 in Article VI of Code Chapter 20.
29. Parking and vehicle storage nuisances - Article VIII of Code Chapter 20.
30. Care and protection of trees, shrubs, and other vegetation - Division 3 in Article II
of Code Chapter 27.
31. Assault - Code § 17-21.
32. Criminal mischief - Code § 17-39.
33. Littering - Code § 17-41.
34. Interference with public officers - Code § 17-63
35. Resisting arrest - Code § 17-64.
36. Theft – Code § 17-36.
38. Activities on the property causing the obstruction of adjacent highways, streets,
sidewalks, or any other public place for the passage of individuals or vehicles so
as to violate § 17-128 or §§ 1202, 1203, or 1204 of the Fort Collins Traffic Code
as adopted in § 28-16.
39. Violations of Open Fire and Burning Restrictions – Article II of Code Chapter 9.
40. Violations of the 2021 International Building Code – Code §§ 5-26(a) and 5-27.
41. Violations of the 2021 International Residential Code – Code §§ 5-26(c) and 5-30.
42. Violations of the 2021 International Property Maintenance Code – Code §§ 5-46
and 5-47.
43. Violations of the Rental Housing Standards – Article VI, Division 1 of Code
Chapter 5.
44. Criminal offenses against persons - Article 3 of Title 18 of the Colorado Revised
Statutes (C.R.S.), except not including sexual assault defined in C.R.S. § 18-3-402
and stalking defined in C.R.S. § 18-3-602.
45. Crimes of arson - Part 1 of Article 4 in C.R.S. Title 18.
46. Crimes of robbery - Part 3 of Article 4 in C.R.S. Title 18.
47. Theft - C.R.S. § 18-4-401.
49. Crimes against children - Part 4 of Article 6 in C.R.S. Title 18.
50. Harboring a minor - C.R.S. § 18-6-601.
51. Contributing to the delinquency of a minor - C.R.S. § 18-6-701.
52. Crimes related to prostitution - Part 2 of Article 7 in C.R.S. Title 18.
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53. Crime of public indecency - C.R.S. § 18-7-301.
54. Crime of indecent exposure - C.R.S. § 18-7-302.
55. Crimes related to child prostitution - Part 4 of Article 7 in C.R.S. Title 18.
56. Resisting arrest - C.R.S. § 18-8-103.
57. Obstructing a police officer, firefighter, etc. - C.R.S. § 18-8-104.
58. Disorderly conduct - C.R.S. § 18-9-106.
59. Harassment - C.R.S. § 18-9-111.
60. Cruelty to animals - C.R.S. § 18-9-202.
61. Unlawful ownership of dangerous dog - C.R.S. § 18-9-204.5.
62. Crimes related to firearms and weapons - Part 1 of Article 12 in C.R.S. Title 18.
63. Unlawful discarding or abandonment of iceboxes, motor vehicle, and similar items
- C.R.S. § 18-13-106.
64. Hazardous waste violations - C.R.S. § 18-13-112.
65. Providing tobacco products to underage persons - C.R.S. § 18-13-121.
66. Underage possession and use of alcohol and marijuana - C.R.S. § 18-13-122.
67. Crimes related to controlled substances, marijuana, and other substances - Part 4 of
Article 18 in C.R.S. Title 18.
68. Crimes related to burglary and related offenses – Part 2 of Article 4 in C.R.S. Title
18.
Occupant means a person occupying, residing in, or using a property with the consent of the owner
or lessee, or of their agent, as applicable, which shall include, without limitation, invitees,
licensees, and social guests as these words and term are defined in the Colorado Premises Liability
Act.
Owner means a person having a fee title ownership interest in a property.
Person means any individual, corporation, association, firm, joint venture, estate, trust, business
trust, syndicate, fiduciary, partnership, limited partnership, limited liability company, and body
politic and corporate, and all other groups and combinations.
Property means a contiguous parcel, tract, lot, or other area of land established or described by
plat, subdivision, or metes and bounds description in common ownership which is permitted by
law to be used, occupied, or designed to be occupied by one (1) or more buildings or uses. Property
also means any building, or individual residential unit within a building, located on an any such
area of land, that is in common ownership, but shall not include such land, buildings, and
residential units owned by the Board of Governors of the Colorado State University System or
utilized by Colorado State University for the housing of students or faculty or for other educational
purposes.
Public nuisance or nuisance means any repeated or continuing nuisance activity, or combination
of nuisance activities, occurring or existing on a property that creates an unreasonable risk of harm
or is injurious to the public health, safety, or welfare, to include, without limitation, a nuisance
activity, or combination of nuisance activities, that unreasonably injures, damages, annoys,
inconveniences, or disturbs the peace of members of the public of normal sensibility with respect
to their comfort, health, repose, or safety, or with respect to the free use and comfortable enjoyment
of their property or of sidewalks, streets, or other public spaces near and around the offending
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property.
Relative means an individual related by consanguinity within the third degree as determined b y
common law, a spouse, or an individual related to a spouse within the third degree as so determined
and includes an individual in a step or adoptive relationship within the third degree.
Residential unit means any building or portion of a building designed, occupied, or intended for
occupancy as separate quarters for the exclusive use of one or more individuals for living, sleeping,
cooking, and sanitary purposes.
Trespasser means a person who enters or remains on the property of another person without that
other person’s consent.
Sec. 20-112. Entry of property and abatement of public nuisance.
(a) A code enforcement officer with probable cause to believe a public nuisance exists on a
property may enter onto it without a warrant to inspect and abate any existing public nuisance and
prevent the nuisance from recurring provided the same may be accomplished without entering a
building on the property, entering the curtilage of a residential building on the property, or entering
an area of the property enclosed by a privacy fence or similar enclosure. If the suspected public
nuisance is within a building, the curtilage of a residential building, or enclosed by a privacy fence
or similar enclosure, a code enforcement officer may enter such areas only with the consent of the
owner, lessee, agent, or occupant, as applicable, or after obtaining a warrant as provided in
subsection (c) of this Section.
(b) If entry is refused by the owner, lessee, agent, or occupant, as applicable, or they cannot
be located after a reasonable effort, the code enforcement officer shall either personally serve
the owner, lessee, agent, or occupant , as applicable, if they are located or, if not located, post on
the property in a conspicuous location a written notice of intention to inspect not sooner than
twenty-four (24) hours after the time specified in such notice. The notice shall state that the
owner, lessee, agent , or occupant, as applicable, has the right to refuse entry, and if such entry
is refused, inspection may be made only upon issuance of a search warrant by a municipal judge,
or by a judge of any other court having jurisdiction.
(c) After the expiration of the twenty-four-hour period from the serving or posting of the
notice of intent to inspect, the code enforcement officer may appear before a municipal judge or
a judge of any other court having jurisdiction and, upon a showing of probable cause by written
affidavit, obtain a search warrant entitling the code enforcement off icer to enter the building,
curtilage area, or fenced area, as applicable, to inspect the property, abate any nuisance, and
prevent the nuisance occurring again . Upon presentation of the search warrant and proper
credentials to any persons in possession of the property, or possession of the warrant in the case
of an unoccupied property, the code enforcement officer may enter the building , the curtilage
area, or fenced area, as applicable, and may use such reasonable force as may be necessary to
gain entry to inspect the property, abate any nuisance, and prevent the nuisance occurring again .
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(d) It is unlawful for any owner , lessee, agent, or occupant of the building or on the property
to deny entry to a code enforcement officer or to resist reasonable force used by such officer
acting pursuant to a search warrant issued pursuant to t his Section.
(e) Whenever a public nuisance exists on a property that constitutes an emergency
immediately threatening the life or safety of any person or other exigent circumstance exists, a
code enforcement officer may enter any building on the property or any other portion of the
property without a search warrant as reasonably necessary to abate the public nuisance
constituting the emergency and prevent it from occurring again, and the code enforcement officer
may use such reasonable force as is necessary to enter the building or onto the property to do so.
Sec. 20-113. Notice to abate.
(a) Upon discovering a public nuisance, a code enforcement officer may issue and serve a
notice to abate on the owner or lessee, as applicable, or their agent, directing them to remove and
abate the nuisance from the property within the time specified in the notice as follows:
(1) Within twenty-four (24) hours of the issuance of the notice if the nuisance poses an
imminent and substantial risk of damaging other property (including personal property of any other
person), injuring any individual, or threatening the public health or safety; or
(2) Within seven (7) days for all other public nuisances, or such longer period of time
as the code enforcement officer determines is appropriate if, based on the facts and circumstances,
the nuisance could not reasonably be abated within seven (7) days.
(b) If the owner, lessee, or agent, as applicable, fails to abate the nuisance within the time
stated in the notice to abate, the code enforcement officer may remove or abate the nuisance from
the property without delay as provided in § 20-112 or take such other action or actions as are
authorized in this Article.
(c) Except as required for issuing a citation for a misdemeanor offense under § 20 -125 and
a civil infraction under § 20-130, a code enforcement officer and the City may take enforcement
action to abate a public nuisance as authorized in this Article and any other provisions of this
Code without first serving or posting a notice to abate .
(d) The code enforcement officer may serve the notice to abate by any of the following
methods:
(1) Personal service of the notice to the owner, lessee, or agent, as applicable;
(2) Mail a copy of the notice by first class mail to the last known address of the owner
as reflected in the records of the Larimer County Treasurer;
(3) Mail a copy of the notice by first class mail to the owner, lessee, or agent at their
last known address(es) within the City’s records or as found in other publicly available records; or
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(4) Post a copy of the notice in a conspicuous place at the entrance of the property or
entrance of any buildings on the property.
(e) The notice to abate shall include:
(1) A description of the public nuisance;
(2) The date by which the nuisance must be abated;
(3) A statement that if the nuisance is not abated within the time specified in the notice,
the City may take any enforcement action authorized in this Article;
(4) A statement that, if the City abates the nuisance at its cost, it will be entitled to
recover its actual internal and external costs plus interest as provided in § 20-118; and
(5) A statement that, if the City’s cost of abatement is not paid, a lien shall attach to
the property as provided in § 20-118 until such cost and accrued interest is paid in full.
Sec. 20-114. Remedies under other laws unaffected.
Nothing in this Article shall be construed as limiting or forbidding the City or any other person
from pursuing any other remedies available at law or in equity concerning a public nuisance on a
property.
Sec. 20-115. Limitation of actions.
(a) Actions under this Article concerning a public nuisance shall be commenced no later than
one (1) year after: (i) the public nuisance or the last in a series of acts or omissions, or combination
of both, constituting the public nuisance occurs, or (ii) the notice to abate is served or posted as
provided in § 20-113, whichever is later.
(b) Actions under this Article concerning a chronic nuisance property shall be commenced no
later than one (1) year after: (i) the last nuisance activity occurs that causes the property to be a
chronic nuisance property, or (ii) the notice of chronic nuisance property is served as provided in
§ 20-135, whichever is later.
(c) These limitations shall not be construed to limit the introduction of evidence of acts or
omissions that occurred more than one (1) year before such limitation period for the purpose of
establishing the existence of a public nuisance, existence of a chronic nuisance property, when
relevant to show a pattern of conduct, or for any other purpose.
Sec. 20-116. Effect of property conveyance.
When fee title to a property is conveyed from one (1) person to another or a property is leased or
subleased from one (1) person to another, any nuisance activity that occurred or is existing on the
property at the time of the conveyance, lease, or sublease which could be used under this Article
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to prove that a public nuisance exists regarding such property or that the property is a chronic
nuisance property, shall not be so used unless a reason for the conveyance, lease, or sublease was
to avoid the property being subject to an enforcement action under this Article. It shall be a
rebuttable presumption that a reason for the conveyance, lease, or sublease was to avoid the
property being the subject of an enforcement action under this Article if: (1) the property was
conveyed, leased, or subleased for less than fair market value; (2) the property was conveyed,
leased, or subleased to an entity or entities controlled directly or indirectly by the person
conveying, leasing, or subleasing the property; or (3) the property was conveyed, leased, or
subleased to a relative(s) of the person making the conveyance, lease, or sublease.
Sec. 20-117. Municipal court jurisdiction.
Pursuant to Article XX, Section 6, and Article VI, Section 1 of the Colorado Constitution, and
Article VII, Section 1 of the Charter, the municipal court is hereby granted the jurisdiction, duties
and powers to hear and decide all causes arising under this Article, and to provide the remedies
specified in this Article and in any other applicable provisions of the Code.
Sec. 20-118. Assessment, collection, and lien for abatement costs.
(a) If the City acts under § 20-112, an abatement agreement, or Division 5 of this Article to
abate a public nuisance, chronic nuisance property, or any nuisance activity on a property, the
owner of the property shall be liable to the City for the City’s total internal and external costs
incurred in the abatement. The City’s internal costs shall be set and assessed under a written
schedule of fees approved by the City Manager, which fees shall be based on a reasonable estimate
of the City’s direct and indirect internal costs to abate a nuisance, as amended from time to time.
External costs shall include all amounts the City paid a vendor or contractor to assist in the
abatement.
(b) After the abatement is completed, the City shall send the owner of the property an invoice
itemizing and totaling the City’s internal and external costs for the abatement. The invoice shall
be mailed by first class mail addressed to the owner at the address of the property abated and to
the last known address of the owner as reflected in the records of the Larimer County Treasurer.
The invoice shall also be mailed by first class mail to any known agent of the owner at their last
known address(es) within the City’s records or as found in other publicly available records. The
total costs so invoiced shall be paid to the City by the owner or their agent within forty-five (45)
days of the date of the invoice. If not paid when due, the total assessed cost shall accrue interest
at the rate of eight percent (8%) compounded annually.
(c) The City’s assessed total cost of abatement, as stated in the invoice sent under this Section,
plus the interest accruing thereon, shall be deemed a perpetual lien imposed upon the property
from the date such assessed cost became due until paid and shall have priority over all other
liens, except general taxes and prior special assessment liens. The Financial Officer, or their
designee, is authorized to thereafter certify to the Larimer County Treasurer the list of delinquent
assessments so billed, giving the name of the owner as it appears of record, the number of the
lot and block and the amount of the assessment plus interest accrued to that date. The certification
shall be the same in substance and form as required for the certification of other taxes. The
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County Treasurer, upon receipt of such certified list, is hereby authorized to place it upon the
tax list for the current year and to collect the assessment and interest in the same manner as
general property taxes are collected together with any charges as may by law be made by the
County Treasurer and all laws of the state for the assessment and collection of general taxes ,
including the laws for the sale of property for unpaid taxes and the redemption thereof, shall
apply to and have full force and effect for the collection of all such assessments and interest.
(d) If the offending property is not subject to taxation or for any other reason, the City may
elect alternative means to collect the amounts due pursuant to this Article, including the
commencement of a judicial action at law or in equity, to include, without limitation,
commencement of a civil action in Larimer County District Court to judicially foreclose the lien
and, after judgment, pursue such remedies as are provided by law.
Sec. 20-119. Presumption and owner responsibility.
Any person who has possession or control of a property as an owner, lessee, agent, or occupant
where any nuisance activity exists or has occurred shall be presumed under this Article to be the
person causing or allowing the nuisance activity unless the circumstances and evidence clearly
indicate otherwise. Notwithstanding this presumption and any other provision of this Article,
nothing herein shall be construed to release the owner of a property on which there is a public
nuisance or that has become a chronic nu isance property from the legal obligations and
responsibilit ies they have under this Article and any other laws to prevent their property from
becoming a public nuisance or chronic nuisance property and to abate any nuisance activity
occurring or existing on their property.
Sec. 20-120. Strict Liability.
All misdemeanor offenses under this Article and the civil infraction under § 20-130 shall be
strict liability offenses requiring no culpable mental state of any type or degree.
Sec. 20-121. Proof of nuisance activities.
In any criminal proceeding under this Article, the City shall have the burden of proving beyond
a reasonable doubt that any alleged nuisance activity occurred on the property, including proving
all the elements of the offense constituting the nuisance activity except as hereafter provided. In
any civil proceeding under this Article, the City shall have the burden of p roving by a
preponderance of the evidence that any alleged nuisance activity occurred on the property,
including proving all the elements of the offense constituting the nuisance activity except as
hereafter provided . However, the City shall not be required in either case to prove that a person
was cited, held liable for, or convicted in municipal or any state court for the civil or criminal
charge underlying that nuisance activity. If, however, a person is held liable for or convicted of
the civil or criminal charge underlying the alleged nuisance activity and such decision is final,
that decision shall be deemed by the municipal court as conclusiv e evidence the nuisance activity
occurred and the City need only prove the nuisance activity occurred on the property.
Sec. 20-122. Mitigating factor.
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If the owner, lessee, agent, or occupant who is a party-defendant in an action under this Article
was the victim of or person harmed b y the nuisance activity or activities that form the basis for
the public nuisance on the property or for the property becoming a chronic nuisance property,
the court may take this fact into consideration as a mitigating factor in determining such party’s
liability or guilt in such action, but only if the court also finds that: (i) the party or someone
acting on their behalf promptly reported the nuisance activity or activities to the proper law
enforcement agency; and (ii) at the time the activity or activities occurred, the party, or owner
or lessee of the property, had reasonably effective means in place to prevent such activity or
activities from occurring on the property or to manage them if prevention is not reasonabl y
practicable. These means may include, without limitation, security cameras, security services,
fencing, on-site personnel, and any other services, equipment, or facilities that have as their
function to prevent, in whole or part , nuisance activities from occurring or existing on the
property.
Reserved Sec. 20-123 through Sec. 20-124
Division 2. Criminal Action
Sec. 20-125. Misdemeanor Violation.
(a) It shall be a violation of this Article and a misdemeanor offense subject to the penalties
of § 1-15 of this Code for any person to:
(1) Fail to remove and abate the public nuisance from the property within the time
specified in the notice to abate after being served with the notice to abate as provided in § 20-
113; or
(2) Interfere with or prevent, or attempt to interfere with or prevent, a code
enforcement officer, other City employee, or City contractor from abating any public nuisance
as authoriz ed under this Article.
(b) Each and every day during which any public nuisance continues to exist on a property
after the time period for abatement as stated in the notice to abate, shall be deemed a separate
offense and prosecutable and punish able as a separate offense.
Reserved Sec. 20-126 through Sec. 20-129
Division 3. Civil Infraction
Sec. 20-130. Penalty assessment.
(a) In lieu of issuing a citation for a misdemeanor violation under § 20-125, a code enforcement
officer may issue a civil penalty assessment notice for a civil infraction to any person for failing
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to abate the public nuisance from the property within the time specified in the notice to abate after
being served with the notice to abate as provided in § 20 -113.
(b) The civil penalty assessment notice shall be a summons and complaint containing
identification of the person cited, description of the public nuisance to be abated, and the applicable
civil penalty assessment as set forth below in subsection (f) below, a requirement that the person
pay the assessment or appear municipal court to answer the charge as set forth in the summons and
complaint and a waiver of the right to a trial on the offense specified on the summons and
complaint.
(c) If the person issued a civil penalty assessment notice chooses to acknowledge their liability,
they may pay the specified assessment by mail or in person at the municipal court within the time
specified in the notice. If they choose not to acknowledge their liability, they may appear as
required in the notice. Upon trial, if the person is found liable, the civil penalty assessment imposed
shall not be less than the amount set forth in the civil penalty assessment notice but not more than
three thousand dollars ($3,000), as determined by the court, and court costs may be assessed in
addition to the penalty assessment.
(d) Civil infractions under this Section shall be enforced and tried in municipal court in
accordance with the Rules for Civil Infractions in Article V of Code Chapter 19.
(e) Each and every day during which any public nuisance continues to exist on a property
after the time period for abatement as stated in the notice to abate shall be deemed a separate
civil infraction and prosecutable and punishable as a separate infraction for a penalty assessment
under this Section .
(f) The code enforcement officer shall designate in the penalty assessment notice the amount
of the civil penalty assessment according to the following schedule:
(1) For the first infraction at a property, a penalty assessment of two hundred and fifty
dollars ($250);
(2) For a second infraction at a property within a sixty (60) day period, a penalty
assessment of five hundred dollar ($500);
(3) For a third infraction at a property within a one hundred and twenty (120) day
period, a penalty assessment of one thousand dollars ($1,000); and
(4) For a fourth and any subsequent infraction at a property within a one (1) year period,
a penalty assessment of two thousand dollars ($2,000) for each infraction.
Reserved Sec. 20-131 through 20-134
Division 4. Chronic Nuisance Property
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Sec. 20-135. Notices for chronic nuisance property.
(a) Upon discovery that a property will become a chronic nuisance property if one more
nuisance activity occurs on the property within the requisite time period, a code enforcement
officer may issue and serve a written warning notice in the same manner provided for a notice to
abate in § 20-113(d). Issuance of this warning notice shall not be a prerequisite to any proceedings
under this Division 4.
(b) Upon discovery that a property has become a chronic nuisance property, a code
enforcement officer shall issue and serve a notice of chronic nuisance property as provided in
subsection (d) of this Section.
(c) The notice of chronic nuisance property is a lawful order. Each directive in it is a separate
lawful order, and failure to obey any directive is subject to the penalties set forth in § 20-137.
(d) The notice of chronic nuisance property shall be deemed properly served if personally
served on the owner of the property or sent by first class mail to the owner at the owner’s address
as stated in the records of the Larimer County Treasurer. If the notice is returned as undeliverable,
the notice shall be deemed properly served if it is thereafter posted in a conspicuous place on the
property. The notice shall contain the following information:
(1) the street address or a legal description sufficient for identification of the property;
(2) a factual description of the nuisance activities that have occurred on the property,
including the dates of the nuisance activities;
(3) a statement that the property owner must respond to the notice within ten (10) days
of the date of the owner’s receipt of the notice or date of the posting, whichever is later,
with a written plan to abate the nuisance activities;
(4) a statement that the owner’s requirement to provide a written plan to abate the
nuisance is a lawful order, and that failure to provide a written plan and enter into an
abatement agreement as described below in § 20-136 could subject the owner to criminal
and civil penalties as provided in § 20-137;
(5) a warning that, if the owner does not respond, as required, or if the nuisance activity
is not voluntarily abated to the satisfaction of the code enforcement officer, the City may
file a civil action to abate the property as a chronic nuisance property under the provisions
in Division 4 of this Article; and
(6) a statement that the cost of future enforcement at the property as a result of nuisance
activities shall be billed to the property owner and could become a lien against the property
if not paid as provided in § 20-118.
Sec. 20-136. Agreement to abate chronic nuisance property.
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(a) An owner issued a notice of chronic nuisance property pursuant to § 20-135 shall, within
ten (10) days of such receipt or date of the posting, whichever is later, contact the code enforcement
officer who issued the notice or other contact individual designated in the notice and enter into an
abatement agreement with the City to eliminate the conditions, behaviors, or activities which
constitute the nuisance activity at the property.
(b) If the owner does not timely respond to the notice under subsection (a) of this Section, or
the owner does timely respond but the City and owner are unable to agree to an abatement
agreement within thirty (30) days of the date of the notice, the City may proceed to abate the
nuisance activities using any of the processes and remedies provided for in this Article or to cite
the owner for a misdemeanor violation under § 20-137.
(c) If the owner fails to comply with any of the terms and conditions of the written abatement
agreement entered into with the City under this Section, the City may file a civil action in municipal
court or Larimer County District Court to enforce the abatement agreement in accordance with its
terms and conditions.
Sec. 20-137. Misdemeanor Violation.
Any property owner who fails to obey any notice of chronic nuisance property issued by the code
enforcement officer under § 20-135 to timely abate a chronic nuisance property or to timely enter
into an abatement agreement as provided in § 20-136, is guilty of a misdemeanor and subject to
the penalties set forth in § 1-15(a) of this Code. Each day’s continuation of a violation or failure
to comply is a separate offense.
Reserved Section 20-138 through Section 20-139.
Division 5. Civil Abatement Action
Sec. 20-140. Civil action to abate a public nuisance or chronic nuisance property.
If a public nuisance has not been abated within the time period stated in the notice to abate as
provided under § 20-113, or if the property owner does not timely respond to the notice of chronic
nuisance property as provided in § 20-136, or if the owner does timely respond but the City and
owner are unable to agree to a written abatement agreement within thirty (30) days of the date of
the notice as provide on § 20-135, the City may abate the public nuisance or chronic nuisance
property using the following procedures and other provisions of this Division 5:
(a) The city attorney shall initiate the civil action in municipal court to have the public nuisance
or chronic nuisance property declared as such by the court and for an order enjoining the public
nuisance or chronic nuisance property and authorizing its restraint, removal, termination, or
abatement.
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(b) The action shall be commenced by filing a verified complaint, which may be accompanied
by a motion for a temporary abatement order. The action shall be conducted under and governed
by the Colorado Rules of Civil Procedure as provided in § 19-3(b) except as otherwise provided
in this Article. The burden shall be upon the City to prove the existence of the public nuisance or
chronic nuisance property by a preponderance of the evidence and the party-defendant(s) shall
have the burden to establish any affirmative defense by a preponderance of the evidence. The
rules for discovery and disclosure in this civil proceeding shall be those in Rules 316, 326, 331,
and 332 of the Colorado Rules of County Court Civil Procedure and not the rules for discovery
and disclosure in the Colorado Rules of Civil Procedure. In addition, no party-defendant may file
any counterclaim, cross claim, third-party claim, or set-off of any kind in any action under this
Division 5.
(c) The party-defendant(s) to an action commenced under this Section and the person(s) liable
for the remedies in this Section may include:
(1) The property itself;
(2) Any person owning or claiming any legal or equitable interest in the property;
(3) All lessees and occupants of the property;
(4) All managers and agents for any person claiming a legal or equitable interest in the
property;
(5) Any person committing, conducting, promoting, facilitating, or aiding in the
commission of the public nuisance or chronic nuisance property; and
(6) Any other person whose involvement may be useful to abate the public nuisance or
chronic nuisance property, prevent it from recurring, or to carry into effect the municipal court's
orders.
None of these parties shall be deemed necessary or indispensable parties in the action. Any person
holding a legal or equitable interest in the property who has not been named as a party-defendant
may intervene in the action as a party-defendant. No other person may intervene.
(d) The summons, complaint and, if applicable, the motion for temporary abatement, filed with
municipal court under this Section may be served by a code enforcement officer.
(e) The civil action under this Division 5 shall be heard by the municipal court on all factual
and legal issues without a jury.
Sec. 20-141. Abatement orders.
(a) Issuance and effect of temporary and permanent abatement orders. The issuance of
temporary or permanent abatement orders under this Article shall be governed by the provisions
of Rule 65 of the Colorado Rules of Civil Procedure, pertaining to temporary restraining orders,
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preliminary injunctions and permanent injunctions, except to the extent otherwise provided in this
Article, in which event the provisions of this Article shall control. Temporary abatement orders
provided for in this Article shall go into effect immediately when served upon the property or party
against whom they are directed. Permanent abatement orders shall go into effect as determined by
the municipal court. No bond or other security shall be required of the City upon the issuance of
any temporary abatement order or permanent abatement order.
(b) Form and scope of abatement orders. Every abatement order under this Article shall set
forth the reasons for its issuance; shall be reasonably specific in its terms; shall describe in
reasonable detail the acts and conditions authorized, required or prohibited; shall be narrowly
tailored to address the particular kinds of acts or omissions that form the basis of the public
nuisance; and shall be binding upon the property, the parties to the action, their attorneys, agents
and employees, and any other person named as a party-defendant in the public nuisance action and
served with a copy of the order.
(c) Substance of abatement orders. Temporary and permanent abatement orders entered under
this Article may include:
(1) Orders requiring any party-defendant to abate the public nuisance or chronic
nuisance property;
(2) Orders authorizing code enforcement officers to take reasonable steps to abate the
public nuisance or chronic nuisance property and prevent it from recurring, considering the
nature and extent of acts and omissions causing the public nuisance;
(3) Orders requiring certain named individuals to stay away from the property at all or
specific times;
(4) Orders reasonably necessary to access, maintain, or safeguard the property; and/or
(5) Orders reasonably necessary to abate the public nuisance or chronic nuisance
property and/or preventing them from occurring or recurring; provided, however, that no
such order shall require the seizure of, the forfeiture of title to, or the temporary or
permanent closure of a property, or the appointment of a special receiver to protect,
possess, maintain, or operate a property.
(d) Temporary abatement orders.
(1) The purpose of a temporary abatement order shall be to temporarily abate an alleged
public nuisance or chronic nuisance property pending the final determination of a public
nuisance or chronic nuisance property. A temporary abatement order may be issued by the
municipal court pursuant to the provisions of this Section even if the effect of such order
is to change, rather than preserve, the status quo.
(2) At any hearing on a motion for a temporary abatement order, the City shall have
the burden of proving that there are reasonable grounds to believe that a public nuisance
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occurred in or on the property or the property is a chronic nuisance property and, in the
case of a temporary order granted without notice to the property owner, that such order is
reasonably necessary to avoid some immediate, irreparable loss, damage, or injury to the
public interest or any other person or property.
(3) At any hearing on a motion for a temporary abatement order or a motion to vacate
or modify a temporary abatement order, the municipal court shall temper the rules of
evidence and admit hearsay evidence unless the court finds that such evidence is not
reasonably reliable and trustworthy. The municipal court may also consider the facts
alleged in the verified complaint.
(e) Permanent abatement orders.
(1) At the trial on the merits of a civil action commenced under this Division, the City
shall have the burden of proving by a preponderance of the evidence that a public nuisance
is occurring or existing on the property, or the property is a chronic nuisance property.
The Colorado Rules of Evidence shall govern the introduction of evidence at all such trials.
(2) Where the existence of a public nuisance or chronic nuisance property is established
in a civil action under this Division after a trial on the merits, the municipal court shall
enter a permanent abatement order requiring the party-defendant(s) to abate the public
nuisance or chronic nuisance property and take specific steps to prevent the same from
occurring or recurring on the property or in using the property.
Sec. 20-142. Motion to vacate or modify temporary abatement orders.
(a) General. When a temporary abatement order against a property owner is in effect, such
property owner may file a motion to vacate or modify said order. Any motion filed under this
Subsection (a) shall state specifically the factual and legal grounds upon which it is based, and
only those grounds may be considered at the hearing. The municipal court shall vacate the order if
it finds by a preponderance of the evidence that there are no reasonable grounds to believe that a
public nuisance was committed in or on the property or that the property is a public nuisance
property. The court may modify the order if it finds by a preponderance of the evidence that such
modification will not be detrimental to the public interest and is appropriate, considering the nature
and extent of the alleged public nuisance or chronic nuisance property.
(b) Continuance of hearing. Except for good cause shown by any party, the Court shall not
grant a continuance of any hearing set under this Section unless all the parties so stipulate.
(c) Consolidation of hearing with other proceedings. If all parties so stipulate, the municipal
court may order the trial on the merits to be advanced and tried with the hearing on these motions.
Section 20-143. Civil Penalty.
(a) The municipal court may impose upon the property owner a civil penalty in the amount of
not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000.00) per
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day, payable to City, for each day the courts finds that a public nuisance continued to exist on the
property after the time period for the required abatement as stated in the notice to abate provided
under § 20-113 or for each day the court finds the property continued to exist as a chronic nuisance
property after the property owner does not timely respond to the notice of chronic nuisance
property as provide in § 20-136, or the owner does timely respond but the City and owner are
unable to agree to a written abatement agreement within thirty (30) days of the date of the notice
as provide on § 20-136.
(b) In establishing the amount of any civil penalty requested, the municipal court may consider,
without limitation, any of the following factors:
(1) The action or inaction taken by the owner to mitigate or correct the nuisance
activities at the property;
(2) Whether the nuisance activities at the property were repeated or continuous;
(3) The magnitude or gravity of the nuisance activities;
(4) The level of cooperation of the owner with the City;
(5) The cost incurred by the City in investigating and correcting, or attempting
to correct, the public nuisance at the property or the chronic nuisance property;
(6) The disturbance of neighbors; and
(7) Whether the nuisance activities continued on the property after the City
provided the notice to abate or the notice of chronic nuisance property under § 20-
135.
Sec. 20-144. Civil judgment.
In any action under this Division in which a public nuisance or chronic nuisance property is
established, in addition to the other remedies provided in this Division, the municipal court may
impose a separate civil judgment on every party-defendant who committed, conducted, promoted,
facilitated, permitted, failed to prevent or otherwise let happen any public nuisance in or on the
property or for the property to become a chronic nuisance property. This civil judgment shall be
for any civil penalties awarded to the City under § 20-143 and to reimburse the City for the City’s
internal and external costs, as set in the City Manager’s approved schedule of fees as provided for
in § 20-118(a), the City has incurred and will incur in pursuing the remedies under this Article
against the property, which shall include, without limitation, the City’s reasonable attorney fees
and costs.
Sec. 20-145. Misdemeanor violation and entry order.
(a) The remedies provided in this Division shall be civil and remedial in nature except that,
if any person knowingly fails or refuses to abide by a temporary or permanent abatement order
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TENTH DRAFT
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20
issued by the municipal court under the provisions of this Division, such person shall be guilty
of a misdemeanor and, upon conviction, shall be puni shed by the penalties provided in § 1-15 of
this Code.
(b) In any action filed under the provisions of this Division, if any party-defendant fails,
neglects, or refuses to comply with an order of the municipal court, the court may, upon the motion
of the City, in addition to or in the alternative to the remedy of contempt and the possibility of
criminal prosecution, permit the City to enter upon the property to abate the public nuisance or
chronic nuisance property, take steps to prevent it from occurring again, and perform such other
acts required of any party-defendant in the court’s orders.
Sec. 20-146. Stipulated alternative remedies.
(a) The City and any party-defendant to an action under this Division may voluntarily stipulate
to orders and remedies, temporary or permanent, that differ from those provided in this Division.
(b) The municipal court may accept such stipulations for alternative remedies and may make
such stipulations an order of the court, enforceable as an order of the court.
Section 3. That Section 19-3(b) of the City Code is hereby amended to read as follows:
Sec. 19-3. Rules of procedure.
. . . .
(b) The Colorado Rules of Civil Procedure, as amended, shall govern the procedures in
Municipal Court in all civil actions for a cause arising under the Charter, Code and City
ordinances and as needed for the Municipal Court to determine whether it has
jurisdiction over a cause in a civil action, but not for actions for violations, offenses and
infractions of the Charter, Code and City ordinances which are to be governed by the
procedures established in Subsection (a) of this Section. In addition, the rules for
discovery and disclosure in civil abatement actions under Division 5 in Article IX of
Code Chapter 20 shall be those in Rules 316, 326, 331, and 332 of the Colorado Rules
of County Court Civil Procedure and not the rules for discovery and disclosure in t he
Colorado Rules of Civil Procedure. References to the district court in the Colorado Rules
of Civil Procedure and references to the county court in the Colorado Rules of County
Court Civil Procedure shall be deemed to refer to the Municipal Court.
(c) The Municipal Court shall liberally construe, administer and apply these adopted rules
of procedure as applicable in each civil action to secure the just, speedy and inexpensive
determination of that civil action. In these civil actions, the Municipal Court shall be
vested with the full authority to provide civil remedies, including, without limitation,
equitable, injunctive and declaratory relief and to award costs and attorney fees to the
full extent permitted by law. It shall also have the power in those actions to compel the
attendance of witnesses, to punish for contempt of court and to enforce any award of
equitable, declaratory or injunctive relief through its contempt power in accordance with
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the applicable provisions of the Colorado Rules of Civil Procedure, as amended. This
Section is not intended to create any new causes of action in the Municipal Court, nor to
provide procedures or relief beyond those contemplated by Rule 106(a)(4) of the
Colorado Rules of Civil Procedure to actions undertaken strictly within the sphere of
matters that are of the City's local or municipal concern.
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Item 3.
Public Nuisance
Ordinance
11 -7-22
Marcy Yoder
Neighborhood Services Manager
John Feyen
Police Assistant Chief
Page 118
Item 3.
2Council Question
What questions does Council have regarding the draft Public
Nuisance Ordinance?
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Item 3.
Strategic Alignment 3
•5.7 Reduce incidents of, and
impacts from, disruptive and
unwanted behaviors with
creative approaches that
balance compassion and
consequences.
•1.5 Enhance the quality of life in
neighborhoods, empower
neighbors to solve problems and
foster respectful relations.
•Proactive, innovative, and
effective code compliance
processes are important aspects
of attractive neighborhoods.
•SC 1.1 Provide and expand
opportunities for neighborhood safety
and involvement by fostering good
neighborhood relations, building a
sense of community pride, and
involvement, promoting safe and
attractive neighborhoods, and
encouraging compliance with City
codes and regulations.
•SC 2.1 Provide high-quality, cost-
effective Police Services with an
increased focus on neighborhood
policing and particular attention to
criminal activity, quality-of-life issues,
and visible signs of disorder.
Neighborhood Livability
& Social Health Safe Community
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Item 3.
4Current PNO
Purpose:
To remedy chronic problems at properties where City Code violations occur that annoy and disturb others.
To hold property owners accountable for the use of their properties.
Definition of “Public Nuisance”:
Three or more separate City Code violations at the same property within 12 months or 5 or more within 24
months. Written notice must have been sent to the property owner and tenants within 30 days of each
violation, except the last one. The last violation must have occurred at least 45 days after the last notice.
Each complaint about a separate violation must result in the issuance of a municipal court citation.
Separate violation(s)shall mean any act or omission that constitutes a violation of the Code if the act or
omission occurs under any of the following circumstances:
(1)the conduct of the persons committing the violation was such as to annoy or disturb the peace of the
residents in the vicinity of the parcel or of passersby on the public streets, sidewalks and rights-of-way in
the vicinity of the parcel; or
(2)the violation constitutes a public nuisance under any section of this Chapter; or
(3)the condition of the parcel upon which the violation occurred was, at the time of the violation, injurious or
harmful to the health, safety or welfare of the occupants, neighbors thereof or citizens of the City.Page 121
Item 3.
Current Community Issues have Changed.5
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Item 3.
6Research
Jurisdiction Definition of chronic nuisance property
Parker, CO 3 or more occasions where nuisance activity is observed in 60 days or 7 or more in 12 months
Cincinnati, OH 3 or more nuisance activities occurred at the premises in a 30-day period
Kansas City, MO 3 or more police responses to nuisance activity in 30 days, 7 or more in 180 days
Spokane, WA 3 or more nuisance activities observed on a property in 60 days, 7 or more in 12 months
Seattle, WA 3 or more nuisance activities exist or have occurred on a property in 60 days, 7 or more in 12 months
Portland, OR 3 or more nuisance activities exist or have occurred on a property in 30 days
Elgin, IL 3 or more instances of any one or any combination of nuisance activity in 12 months based upon 3 separate factual events that have
been independently investigated
Springfield, IL 3 or more separate inspections or incidents w/in 24 months that have been the source of 3 or more violations as determined by an admin
hearing officer; OR 2 or more of certain criminal activities in a 60-day period or 3 or more in a 365-day period
Milwaukee, WI 3 or more responses from the police department for "nuisance activities" in 30 days
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Item 3.
7Public Nuisance, Chronic Nuisance, and Nuisance Activity
The proposed PNO regulates two types of nuisances:(i)a “public nuisance”;and (ii)a “chronic nuisance
property”.The existence of each of them depends on the occurrence or existence of multiple or continuing
“nuisance activities”on a property.
A “nuisance activity”is defined in the PNO to include 66 categories of various criminal and civil violations
happening on the property that individually or in combination result in either a public nuisance or chronic
nuisance property.These nuisance activities include:
civil infractions under the City Code,such as tall weeds and grass,rubbish,and inoperable motor
vehicles;animal control issues
minor misdemeanor violations under the City Code,such as unreasonable noise,bodily waste,and
nuisance gatherings;
more serious misdemeanor violations under the City Code,such as resisting arrest,assault,disorderly
conduct,and building and fire code violations;and
•misdemeanors and felonies under State law, such as criminal mischief, assault, harassment, arson,
firearms offenses, and drug-related offenses.
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Item 3.
8Public Nuisance
A “public nuisance”exists when repeated nuisance activities (meaning more than
one)have occurred on the property or a continuing nuisance activity exists on it
causing an unreasonable risk of harm or injury to the public health,safety,or
welfare.
This would include circumstances where the nuisance activities are
unreasonably injuring,damaging,annoying,inconveniencing,or disturbing the
peace of members of the public with respect to their:
(i)comfort,health,repose,or safety;or
(ii)free use and comfortable enjoyment of their property and of sidewalks,
streets,or other public spaces near the offending property.Page 125
Item 3.
9Chronic Public Nuisance
1.A property where three (3)or more nuisance activities have occurred within a ninety (90)day
period or seven (7)or more nuisance activities have occurred within a one (1)year period,*
2.A property that is more than one (1)residential unit that are all under common ownership
where six (6)or more nuisance activities have occurred within a ninety (90)period or ten (10)
or more nuisance activities have occurred within a one (1)year period,*
3.A property where two (2)or more nuisance activities involving drug-related activity have
occurred within a thirty (30)day period,*or
4.An abandoned property where any number of nuisance activities have occurred or exist.*
*each activity happening on separate days
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Item 3.
10Enforcement tools
The proposed PNO would allow for the City to:
•Written notice to the property owner of the existence of the public nuisance or chronic
nuisance property to allow them the opportunity to abate the nuisance activities
•If unsuccessful, a citation is issued to the noticed persons.
•$250 for the first offense
•$500 for a second offense within 60 days
•$1,000 for a third offense within 120 days
•$2,000 for fourth and subsequent offenses within a year
•If unsuccessful, the next step could potentially be issuing a citation to the property owner for a
misdemeanor offense which the maximum allowable penalty is not to exceed $3,000 or 180
days in jail or both
•If unsuccessful, the City could file a civil abatement action in Municipal Court against the
property owner Page 127
Item 3.
11Council Question
What questions does Council have regarding the draft Public
Nuisance Ordinance?
Page 128
Item 3.
THANK YOU!
12
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Item 3.