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HomeMy WebLinkAbout02/17/2011II I City of Wheat 1 _ 4 PLANNING COMMISSION AGENDA February 17, 2011 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on February 17, 2011, at 7:00 p.m., in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in allpublic meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303 -235 -2826 at least one week in advance of 'a meeting if you are interested in participating and need inclusion assistance. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA (Items of new and old business may be recommended for placement on the agenda.) 5. APPROVAL OF MINUTES — January 20, 2011 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 7. PUBLIC HEARING A. Case No. ZOA- 09 -06 An ordinance amending Chapter 26 concerning medical marijuana dispensaries. B. Case No. ZOA- 10 -05 An ordinance amending Chapter 26 pertaining to the adoption of the Streetscape Design Manual. C. Case No. ZOA- 11 -01 An ordinance amending Chapter 26 concerning residential dumpster regulations. 8. OTHER ITEMS A. 38` Avenue Corridor Plan Meetings B. Wheat Ridge Retail Road Show 9. ADJOURNMENT 1/ 4' 1� City of W PLANNING COMMISSION Minutes of Meeting January 20, 2011 1. 2. 3 4 5 CALL THE MEETING TO ORDER The meeting was called to order by Chair MATTHEWS at 7:00 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29 "' Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commission Members Present Anne Brinkman Marc Dietrick John Dwyer Dick Matthews Scott Ohm George Pond Steve Timms Commission Members Absent Staff Members Present PLEDGE OF ALLEGIANCE Alan Bucknam Meredith Reckert, Sr. Planner Sarah Showalter, Planner II Tim Paranto, Public Works Director Ann Lazzeri, Recording Secretary APPROVE THE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner DWYER to amend the order of the agenda to add a 38' Avenue Task Force update under Other Items. Commissioner TIMMS also requested that a 38 Avenue Task Force update be included as a standing agenda item. The motion carried 7 -0. APPROVAL OF MINUTES — January 6, 2011 It was moved by Commissioner TIMMS and seconded by Commissioner BRINKMAN to approve the minutes of January 6, 2011 as presented. The motion carried 6 -0 with Commissioner DWYER abstaining. Planning Commission Minutes 1 January 20, 2011 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes) No members of the public wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ- 10 -09: An application filed by RV America for approval of a zone change from C -1 and C -1 with restrictions to Mixed Use Commercial Interstate (MU -C Interstate) and Mixed Use Neighborhood (MU -N) for property located at 11808 West 44` Avenue. Commissioner BRINKMAN requested to be recused from hearing the case because she is a friend of the applicant. She also noted that, for the sake of consistency, she recused herself from hearing the last case the applicant brought before the Commission. The Commission voted 7 -0 to grant Commissioner BRINKMAN's request. (Commissioner BRINKMAN left the council chambers at this tune.) The case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff concluded that the rear portion of the property is currently underutilized. Further, there are changing conditions in the area which will dramatically impact the commercial viability of the property. Zone change criteria also support the request. Therefore, staff gave a recommendation of approval with conditions outlined in the staff report. Following several clarification questions from Commission members, the applicant addressed the Commission. Mike Pharo Land Planning Consultant Mr. Pharo, representing the applicant, stated that the land is presently under- utilized in light of the fact that 2/3 of the property can only be used for recreational vehicle storage. Further, the C -1 area abutting 44` is too small for any reasonable redevelopment. The applicant is requesting the rezone in order to expose the property to the marketplace. He did not believe the northern portion would ever be developed to maximum allowances specified in the MU -C Interstate zone district. He stated that he had no problem with separation of the property into 2 different zones. He did not agree with the third condition that asks for a 20 -foot right -of -way dedication along the entire frontage of Tabor Street. This would be detrimental to residential property owners to the south and would Planning Commission Minutes 2 January 20, 2011 change the character of the neighborhood. He could see no reason for this request which would penalize the applicant and asked that the condition be reconsidered. Commissioner TIMMS asked if the applicant's intention is to immediately place the property on the market if the zoning is approved. Harry Sach Owner, RV America Mr. Sach stated that the property would be placed on the market if the zoning change is approved. He stated that he is not sure whether the property would be more valuable with the zone change. Mike Pharo returned to the podium. In response to Commissioner POND's comment that Tabor would most likely provide access to the southern portion of the property, Mr. Pharo stated that he sees this as a single property with a zone line in the middle. The applicant is not proposing that traffic would go south into the residential neighborhood and then go west into the property. In response to a question from Commissioner DWYER, Mr. Pharo stated that no studies have been done or development proposals received at this time. He did not see the use as being any more intense than normal retail use with a floor area ratio of .25 or .22 to 1. He didn't think buildings would be 6 -8 stories, but more likely 2 -3 stories. Commissioner DWYER asked why the applicant is asking for Mixed Use Commercial Interstate (MU -C Interstate) for half of the property rather than asking for Mixed Use Neighborhood (MU -N) for the entire piece. Mr. Pharo replied that he believed the northern portion of the property fits well with Mixed Use Commercial Interstate (MU -C Interstate) and that they are recognizing the interstate opportunities as well as the neighborhood conditions. He did not think MU -C Interstate would be out of character for 44 Avenue. Chair MATTHEWS opened the public hearing. Diane Tipton 4311 Tabor Ms. Tipton voiced her opposition to any zone change of the property. Tabor is a very narrow road with inadequate place to turn around. There has been an increase in traffic on Tabor since the interchange has opened. She stated that RV storage is the perfect business to abut her residential neighborhood. Commissioner DWYER asked Ms. Tipton how she felt about the proposed 20- foot dedication on Tabor. Ms. Tipton objected to Tabor narrowing down to a one - lane road which would present a danger as more traffic would be driving down the one -lane road, turning around and then speeding out of the neighborhood. Planning Commission Minutes 3 January 20, 2011 George Isquith 4250 Tabor Mr. Isquith voiced his opposition to the zone change. He believed Mr. Sach should sell the property as it is presently zoned. In response to a question from Commissioner TIMMS, Mr. Paranto stated that Tabor Street, north of 44` Avenue, would run to the proposed light rail station. The light rail station will serve people more to the north and west of 44"' Avenue. A signal at 44` and Tabor has not been analyzed for warrants at this time. A light most likely would be necessitated by traffic on Tabor north of 44"' rather than necessitated by development of the subject property. In response to a question from Commissioner MATTHEWS, Ms. Reckert stated that individual RV storage is presently allowed as well as inventory storage. Commissioner DWYER commented that while he thinks it is unlikely there would be an 8 -story building on the site, it seems that MU -C Interstate zoning is a very intensive use and he would prefer MU -N zoning on both parcels for the protection of residents to the south. Commissioner OHM commented that a 20 -foot right -of -way dedication would better provide for emergency access. Access from Tabor could be economically beneficial to owners of the property and would also provide opportunities for utility tie -ins. He suggested that the existing fence on the southern border could be replaced with a 6 -8 foot height masonry wall with a landscape buffer that would also provide sound mitigation. Commissioner TIMMS commented that he would have difficulty supporting MU- N on the north portion of the property. Single family homes facing 44 °i Avenue would not be desirable. Commissioner MATTHEWS stated that, while he agreed that MU -C Interstate is an intense use, the property has a right- turn-in and right- turn-out so people would be driving away from the interstate when they leave the property. He questioned the need for a 20 -foot right -of -way dedication to the south property line on Tabor. Commissioner POND agreed with Commissioner TIMMS that MU -C Interstate is more appropriate for the 40' Avenue frontage. He believed there was a reasonable need for the right -of -way dedication for emergency access and development considerations. Mike Pharo returned to the podium. He stated that the right -in and right -out situation on 44"' Avenue is one reason there is no objection to dedicating right -of- way along Tabor to the zone demarcation line. Dedicating right -of -way to the south would penalize the applicant because he is asked to reserve land that he can't utilize. Planning Commission Minutes 4 January 20, 2011 In response to a question from Commissioner OHM, Mr. Pharo stated that he would be agreeable to an access easement from the northern half to the southern half of the property. He stated he has no desire to access the southern piece through the residential area south of the zone demarcation line. Chair MATTHEWS closed the public hearing. It was moved by Commissioner DWYER and seconded by Commissioner OHM to recommend approval of Case No. WZ- 10 -09, a request for approval of a zone change from C -1 and C -1 with use restrictions to Mixed Use - Commercial Interstate and Mixed Use - Neighborhood for property located at 11808 West 44"' Avenue for the following reasons: 1. The rear portion of the property is currently under - utilized. 2. The relocation of the I -70 on and off ramps dramatically changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 4. The evaluation criteria support approval of the request. With the following conditions: 1. The proposed zoning boundary between the two districts be consistent with the A -1 zoning line on the east side of Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20 -foot right -of -way be dedicated along the frontage of Tabor Street to a line consistent with the A -1 zoning line on the east side of Tabor Street. Commissioner DWYER stated that his right -of -way condition was to make it difficult to sell the property in two pieces. Unless there is access from 44"' Avenue, selling the property in two pieces creates a land - locked parcel. Commissioner TIMMS commented that the approval of the application would not prohibit the opportunity during the platting process to acquire right -of -way if needed. The motion carried 5 -1 with Commissioner DWYER voting no and Commissioners BRINKMAN and BUCKNAM absent. It was moved by Commissioner POND and seconded by Commissioner DWYER to break for a five- minute recess. The motion passed 7 -0. (The meeting was recessed from 8:17 p.m. to 8:23 p.m.) Planning Commission Minutes 5 January 20, 2011 (Commissioner BRINKMAN returned to the meeting.) B. Case Nos. WZ -10 -08 and MS- 10 -04: An application filed by Hoss Electric for approval of a final development plan (FDP) amendment and a 3 -lot re- subdivision for property zoned Planned Industrial Development (PID) and located at 5130 Parfet Street. The case was presented by Meredith Reckert. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staff concluded that the proposed FDP is consistent with the standards established in the Outline Development Plan (ODP) and all requirements for a Planned Commercial Development (PCD) Final Development Plan have been met. Staff recommended approval of the application with conditions outlined in the staff report. Commissioner TIMMS suggested that it may be a good idea to rezone the southern portion PID at some time in the future. Commissioner BRINKMAN asked if approval of the application would nullify all past code infractions. Ms. Reckert stated the city will no longer pursue code enforcement if the application is approved. She also commented that the applicant was given the choice of moving everything out and restoring the property to the pre- existing condition or apply to amend the Final Development Plan. The applicant will still be required to work with various agencies to ensure there are no violations relating to water issues. Commissioner BRINKMAN expressed concern that about the Swadley and Wadsworth Ditches. Ms. Reckert explained that both ditch companies were contacted and only the Wadsworth Ditch responded. The Swadley Ditch did not respond. Commissioner POND asked what would happen if the applicant does not meet the schedule as conditioned for approval of the application. Ms. Reckert stated the applicant would be cited back into court for remedial action by the judge. Jim Powers Mr. Powers stated that he was assisting Mr. Hoss, the applicant, in coordinating the FDP process. He was also the architect for the building in the original FDP. Commissioner OHM asked if the proposed grading on Lot 1 complies with State of Colorado laws. Mr. Powers stated that it would not push water onto the east property because of the grades and a conveyance swale. There is a drainage easement for Lot 1 that goes down through Lot 2. Planning Commission Minutes 6 January 20, 2011 In response to a question from Commissioner OHM, Mr. Powers stated that the utility companies are okay with the additional fill on top of the utility easements as long as there is access. In response to a question from Commissioner TIMMS, Mr. Powers stated that the Swadley Ditch Company is aware that the ditch has been piped for quite some time and there is an agreement relating to such. He also stated that the Wadsworth Ditch Company has plans to pipe the ditch. Mr. Powers stated that the applicant is aware he cannot use Lot 2 for any purpose. The inability to use Lot 2 will result in an economic impact for the applicant and represents a significant "slap on the hand" for his past zoning violations. Mr. Powers did not believe three months is adequate for completion and requested a deadline of six months. Chair MATTHEWS asked to hear from members of the public. Chuck Stiesmeyer 4996 Parfet Street Mr. Stiesmeyer spoke in favor of the application. He stated his surprise that the Swadley Ditch had been piped. Ms. Reckert stated that she would agree with changing the condition of approval from three months to six months. Commissioner BRINKMAN requested a condition of approval that the staff review paperwork regarding piping of the Swadley Ditch to make sure everything is in confonnance. It was moved by Commissioner DWYER and seconded by Commissioner POND to recommend approval of Case No. WZ- 10 -08, a request for approval of a Final Development Plan for property zoned Planned Industrial Development located at 5130 Parfet Street for the following reasons: 1. The Final Development Plan is consistent with the standards set forth in the approved Outline Development Plan for the site. 2. All requirements for a PCD Final Development Plan have been met. With the following conditions: 1. The development standards table for Lot 1 shown on Sheet 2 of 4 be amended so that the minimum front setback requirement is 50 feet rather than 60 feet as shown. 2. The site data table shown on Sheet 4 of the FDP is incorrect and should be deleted. Planning Commission Minutes 7 January 20, 2011 3. The site data table for Lot 2 on Sheet 4 of 4 of the FDP should be amended to indicate that the areas not covered in recycled concrete are natural areas and comprise 65% of the lot coverage. 4. All improvements on the revised FDP must be in place no later than six months after City Council approval. 5. Staff shall review paperwork to ensure that piping for the Swadley Ditch is in conformance. Commissioner BRINKMAN stated that she would vote for the application but does not want this to set an example for other property owners to go ahead and do things out of conformance with zoning and then work with the City to make their actions acceptable. Commissioner MATTHEWS agreed with Commissioner BRINKMAN's comments. 8. OTHER ITEMS • 38` and Wadsworth Task Force update — Meredith Reckert reported that the first meeting of the Stakeholders Committee is scheduled for March 10, 2011. The first public meeting is scheduled for March 15, 2011. Commissioners BRINKMAN and TIMMS are members of the Stakeholders Committee. Meredith Reckert informed the Commission that no cases are scheduled for February 3. It was moved by Commissioner BRINKMAN and seconded by Commissioner POND to cancel February 3, 2011, meeting. The motion carried 7 -0. • Commissioner BRINKMAN suggested a joint meeting between Planning Commission and the Board of Adjustment. 9. ADJOURNMENT It was moved by Commissioner POND and seconded by Commissioner BRINKMAN to adjourn the meeting at 9:23 p.m. The motion carried 7 -0. Richard Matthews, Chair Ann Lazzeri, Secretary Planning Commission Minutes 8 January 20, 2011 City of W heat �dge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: February 17, 2011 TITLE: Case #ZOA -09 -06 — An Ordinance amending Article 11 of the Wheat Ridge Code of Laws by adding a new article XII concerning medical marijuana and making certain amendments to Chapter 26 (Zoning and Development) in association therewith CASE NO. ® PUBLIC HEARING ® CODE CHANGE ORDINANCE ❑ RESOLUTION ❑ STUDY SESSION ITEM Case Manager: Ken Johnstone, AICP, Director of Community Development Date of Preparation: February 10, 2011 SUMMARY: In November 2000, Colorado Voters approved Amendment 20 to the Colorado Constitution, providing an affirmative defense for possession and use of marijuana to alleviate certain debilitating medical conditions. The amendment is more commonly referenced as the amendment that legalized medical marijuana. Amendment 20 allows patients and their caregivers to grow their own medical marijuana under certain rules promulgated by the state. Those rules have changed in recent years and there has been a significant increase in the number of business entities who are also interested in growing and selling medical marijuana in various forms within the state. Because of the new state regulations and the private interest in establishing businesses of this nature, the City finds it necessary to adopt local rules and regulations on this topic. The proposed ordinance includes changes to Chapter 26 of the Code of Laws pertaining to Zoning and Development and all such changes require review and recommendation by the Planning Commission. BACKGROUND The use of marijuana for medical purposes has been legal in Colorado under certain circumstances since the Colorado voters approved Amendment 20 to the state constitution in 2000. First and foremost, the amendment allowed the marijuana to be grown, possessed and used by eligible and registered patients and their caregivers, as defined in the amendment. The Colorado Department of Public Health and Environment (CDPHE) was established as the state regulatory agency with jurisdiction to regulate the use of marijuana under these circumstances and patients and their caregivers were required to be registered with that agency and certain restrictions were established on the amount of marijuana they can grow and possess. In 2009, the CDPHE began a process to consider additional regulations in this area. That process was initiated, in part, based on an increased level of activity from business entities interested in creating a business model in relation to medical marijuana. It is widely thought that the increased business activity was related, at least in part, to the United States Attorney General's announcement that his administration would not be actively seeking enforcement of federal marijuana laws in states that have adopted constitutional amendments allowing its medical use. In the end and after extensive public input, CDPHE did not adopt any new rules in 2009. In 2010, the State General Assembly took up the topic and eventually adopted fM 10 -1284 concerning the regulation of medical marijuana. The house bill expands the scope of the medical marijuana arena beyond just the patient and caregiver, to allow "medical marijuana centers" (essentially retail establishments), "optional premises cultivation operations" (growing facilities) and "medical marijuana - infused products manufacturers ". The legislation also directed the Department of Revenue (DOR) to adopt further regulations in association with the enforcement of the new legislation, which is a process that is still underway, but is nearing completion. In relation to municipal governments, the legislation required that local governments create, at a minimum, a local licensing authority to approve of any of the above referenced business entities. The legislation also allowed municipalities to completely outlaw any of these entities within their boundaries. Such a ban could either be approved by a City Council, or by a City Council voting to send the matter to a vote of the people. Lastly, the legislation allowed municipalities to enact moratoriums on any further establishment or expansion of these medical marijuana related business entities until such time as the DOR and the local government, respectively, have adopted necessary regulations and ordinances. The Wheat Ride City Council has discussed this topic at numerous study sessions in 2009 and 2010, most recently on November 15, 2010. The direction received at those meetings has never been to contemplate a ban on medical marijuana establishments; but, rather, to adopt necessary ordinances to regulate their operation and location within the City. The City Council did feel that it was necessary and appropriate to adopt a moratorium while the state took action on these matters. City Council first adopted a moratorium on the issuance of any further permits or licenses for such businesses on September 14, 2009, prior to the legislature taking action in 2010. City Council has extended that moratorium on two occasions, most recently on June 28, 2010 and our local moratorium is in effect until the effective date of the rules that are to be adopted by DOR, which has not yet occurred. There are two existing medical marijuana establishments in the City, both of which were legally licensed prior to the moratorium going into effect. At the time of those licenses being issued, the City had taken the position that medical marijuana dispensaries, as they are commonly referred, were akin to a pharmacy and allowed to operate in locations where pharmacies could operate. Medical marijuana growing facilities were never deemed to be a permitted use and no such operations legally exist within the City. At the peak, the City had five (5) medical marijuana dispensaries, in 2009; several have since closed and have lost any legally non - conforming status they might have had. STATEMENT OF THE ISSUES: Staff from the Community Development Department, Police Department and City Attorney's office have been working on draft regulation, periodically over the past one and a half years as well as discussing this topic with City Council during study sessions. The direction from Council 2 has been in general to take the approach of allowing these business entities in a limited but reasonable number of locations, while providing adequate restrictions and operational regulations to ensure they would be compatible with the community and not a detriment to public safety or the general welfare of the community. Based on that direction, staff has drafted an ordinance that allows these establishments in a limited number of commercial/industrial zoning districts, with separation requirements from certain other uses as well as separation requirements between the establishments as well. In regards to the operational regulations, the state in adopting HB 10 -1284 did a thorough job of establishing operational regulations that can be enforced at both a state and local law enforcement level. The licensing authority is proposed to be housed within the City's Tax and Licensing Division, but also requires that the Police and Community Development Departments be included in the review and approval of any license to ensure the requirements related to those departments are being met. Much of the ordinance pertains to the administrative aspects of the licensing process, with are not the purview of the Planning Commission. The Planning Commission's review of the ordinance is specific to changes to Chapter 26, which are outlined in subsequent paragraphs; however, there are also some aspects of the ordinance that while not included in Chapter 26, may be of interest to the Commission, and those are outlined here: • HB 10 -1284 requires that all medical marijuana establishments be located a minimum distance from certain other establishments, including schools, daycare facilities and facilities for the treatment of substance abuse. The state separation requirement is 1000 feet and local governments are allowed to modify that distance, either lower or higher. The proposed ordinance would maintain the state separation requirement of 1000 feet for Wheat Ridge. • The proposed ordinance also requires that any medical marijuana establishment be located a minimum of 3/ mile away from any other medical marijuana establishment. • In drafting regulations for these medical marijuana entities, some communities have chosen to require what is referred to as a vertically integrated business model; meaning, the cultivation and the "retail" operations are located in the same building /property. Based in part on input from Chief Brennan, Wheat Ridge's proposed ordinance proposes that model and does not allow stand alone cultivation facilities. This has the advantage of eliminating concerns with transporting from a cultivation facility to a retail location. The ordinance also provides two cross - references to Chapter 26 that are of interest, but that do not specifically modify Chapter 26. • Section 11 -306 of the ordinance states that signage will comply with all requirements of Chapter 26, and further, that the words "marijuana" and "cannabis" will not be included in a sign, unless immediately preceded by the word "medical ". • Sections 11 -320 and 11 -321 establish that primary care- givers, who would be growing medical marijuana, are required to get a license with the City. If those caregivers are located on a residential property, they are required to comply with all requirements of Chapter 26 in regards to home occupations. The effect of that, among other things, would 3 require that it create no negative impacts for the residential neighborhood, that it be conducted entirely indoors and that it be limited to a maximum of 25% of the interior floor area of the residence. Chapter 26 Amendments In regard to Chapter 26, the only specific change that is being proposed is to establish in what zone districts each of the three different types of medical marijuana establishments can be located. The ordinance proposes that "medical marijuana centers ", "medical marijuana- infused products manufacturers" and "optional premises cultivation operation" all be allowed to locate in Commercial One (C -1) and Industrial (I) zone districts. RECOMMENDED MOTION: Staff recommends that Planning Commission adopt the following motions: "I move to recommend approval of an ordinance amending Article 11 of the Wheat Ridge Code of Laws by adding a new article XH concerning medical marijuana, for the following reasons: 1. The ordinance provides a reasonable approach to managing medical marijuana establishments, consistent with the Colorado Constitution and applicable state laws. 2. The ordinance allows these establishments to be located in a limited range of appropriate commercial/industrial zoning districts. 3. The ordinance limits the potential impacts from these establishments in residential areas by subjecting them to existing home occupation regulations." Or, "I move to deny the proposed medical marijuana ordinance for the following reasons. Exhibits: 1. Proposed ordinance 2. January 22, 2010 memorandum from the City Attorney, titled "Medical Marijuana Basics" 3. November 3, 2010 memorandum from the City Attorney, titled "Medical Marijuana Licensing and Regulation" 4. Map #1, depicting 3 /a mile separation, 1000 -foot buffer, and C -1, C -2 and I zoning districts 5. Map #2, depicting C -1 and I zoning districts, where the establishments are proposed to be allowed CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series 201 TITLE: AN ORDINANCE AMENDING ARTICLE 11 OF THE WHEAT RIDGE CODE OF LAWS BY ADDING A NEW ARTICLE XII CONCERNING MEDICAL MARIJUANA WHEREAS, in the November 2000 general election, the voters of the State of Colorado adopted Amendment 20 to the Colorado Constitution ( "Amendment 20 "), codified at Article XVIII Section 14, which authorizes and limits the use of medical marijuana for the treatment of debilitating medical conditions; and WHEREAS, Amendment 20 provides patients and primary care - givers, as those terms are defined therein, with criminal defenses to, or exceptions from prosecution for the possession, production and use or medical marijuana; and WHEREAS, in May, 2010 the Colorado General Assembly adopted the Colorado Medical Marijuana Code, §§ 12- 43.3 -101 et seq., C.R.S., authorizing the cultivation, manufacture, distribution, and sale of medical marijuana and medical marijuana- infused products throughout the state under state and local government licensing procedures; and WHEREAS, the City Council has been made aware of a proliferation of businesses seeking to cultivate, manufacture, distribute and sell medical marijuana and medical marijuana- infused products to those who qualify under state law; and WHEREAS, the City has no current land use or business regulation governing the operation of businesses that cultivate, manufacture, distribute or sell medical marijuana and /or medical marijuana - infused products ( "Medical Marijuana Establishments "); and WHEREAS, on September 14, 2009, the City imposed a moratorium on the submission, acceptance, processing, and approval of all applications for City licenses relating to the operation of Medical Marijuana Establishments to allow the City staff and the City Council to investigate the City's ability to regulate such establishments, and to develop and implement any appropriate regulations consistent with state law; and WHEREAS, because marijuana is a controlled substance under Colorado and federal law, the cultivation, manufacture, distribution and sale as contemplated by the Colorado Medical Marijuana Code has the potential for abuse and should be closely monitored and regulated by local authorities to the extent possible; and EXHIBIT I WHEREAS, if not closely monitored and regulated, the presence of marijuana, even for the purposes legally permitted by Amendment 20 and the Colorado Medical Marijuana Code, can potentially cause an increase in illegal activities within the City affecting the health, safety, order, comfort, convenience and general welfare of the residents of the City; and WHEREAS, if Medical Marijuana Establishments operating pursuant to the Colorado Medical Marijuana Code were allowed to be established and to operate without appropriate local regulation of their location, such establishments might be established in areas that would conflict with the City's comprehensive land use plan; be inconsistent with surrounding uses; or otherwise be detrimental to the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 . Moratorium Concluded. The moratorium imposed by Ordinance 1453 on September 14, 2009 shall conclude upon the effective date of this ordinance. Section 2 . Chapter 11 of the Wheat Ridge Code of Laws is hereby amended by the adoption of a new Article XII to read in its entirety as follows: Article XII. Medical Marijuana Licenses Division 1. Generally Sec. 11 -290. Authority Sec. 11 -291. Definitions Division 2. Medical Marijuana Licenses Sec. 11 -292. Local licensing authority established Sec. 11 -293. Types of medical marijuana licenses Sec. 11 -294. Medical marijuana license required Sec. 11 -295. Application of Colorado Medical Marijuana Code Sec. 11 -296. Application for license Sec. 11 -297. Application fee Sec. 11 -298. Standards for approval of license, no hearing required Sec. 11 -299. Authority to recommend and impose conditions on license. Sec. 11 -300. Denial of license. Sec. 11 -301. Appeal of denial or conditional approval of license Sec. 11 -302. Duration of license, renewal Sec. 11 -303. Duties of licensee Sec. 11 -304. Hearing, suspension, revocation of license Sec. 11 -305. Prohibited locations Sec. 11 -306. Signage Sec. 11 -307. Taxes F Sec. 11 -308. Penalties, injunctive relief Secs. 11-309-11-319. Reserved Division 3. Primary Caregiver Licenses Sec. 11 -320. Primary caregiver license required Sec. 11 -321. Application for license Sec. 11 -322. Application fee Sec. 11 -323. Standards for approval of license Sec. 11 -324. Authority to recommend and impose conditions on license Sec. 11 -325. Denial of license. Sec. 11 -326. Appeal of denial or conditional approval of license Sec. 11 -327. Duration of license, renewal Sec. 11 -328. Duties of licensee Sec. 11 -329. Hearing, suspension, revocation of license Sec. 11 -330. Growing of medical marijuana outdoors prohibited Sec. 11 -331. Penalties, injunctive relief DIVISION 1. GENERALLY Sec. 11 -290. Authority. The City Council hereby finds, determines, and declares that it has the power to adopt this article pursuant to: (a) The Local Government Land Use Control Enabling Act, article 20 of title 29, C.R.S.; (b) Part 3 of article 23 of title 31, C.R.S. (concerning municipal zoning powers); (c) Section 31 -15 -103, C.R.S. (concerning municipal police powers); (d) Section 31 -15 -401, C.R.S. (concerning municipal police powers); (e) Section 31 -15 -501, C.R.S. (concerning municipal authority to regulate businesses); (f) The authority granted to home rule municipalities by article XX of the Colorado Constitution; (g) Article XVIII Section 14 of the Colorado Constitution; and (h) The powers contained in the Wheat Ridge Home Rule Charter. 3 Sec. 11 -291. Definitions. As used in this article the following words shall have the following meanings, unless the context clearly requires otherwise: Administrative hearing officer has the meaning provided in section 2 -87 of this code. Applicant means any person making an application for a license under this article. Application means an application for license submitted pursuant to this article. City Manager shall have the meaning provided in section 2 -26 of this code. Colorado Medical Marijuana Code shall mean Article 43.3 of Title 12 of the Colorado Revised Statutes and any implementing administrative regulations. Good cause means and includes (1) When a licensee violates, does not meet, or fails to comply with any of the terms, conditions, or provisions of this article and any rule and regulation promulgated pursuant to this article or the Colorado Medical Marijuana Code; (2) When the licensee or applicant has failed to comply with any special terms or conditions that were placed on its license at the time the license was issued, or that were placed on its license pursuant to an order of the local licensing authority or the Colorado Department of Revenue; or (3) When the licensed premises have been operated in a manner that adversely affects the public health, welfare, or safety of the immediate neighborhood in which the medical marijuana clinic is located. Evidence to support such a finding can include: (i) a pattern of disorderly conduct as defined in section 11- 54(a)(1) of this code within or immediately adjacent to the premises of the licensee; (ii) a pattern of drug - related criminal conduct within the licensed premises, or in the immediate area surrounding the licensed premises; (iii) criminal conduct directly related to or arising from the operation of the medical marijuana establishment.. License means a license to operate a medical marijuana establishment issued pursuant to this article. Licensed premises means the location in the City from which the Licensee will operate. Licensee means the person to whom a license has been issued pursuant to this article and the Colorado Medical Marijuana Code to operate a business as described in section 12- 43.3 -402, C.R.S.. 9 Medical marijuana means marijuana that is grown and sold pursuant to the provisions of the Colorado Medical Marijuana Code for a purpose authorized by section 14 of the Article XVIII of the Colorado Constitution. Medical marijuana center means a premises licensed pursuant to the Colorado Medical Marijuana Code to operate a business as described in section 12- 43.3 -402, C.R.S. Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana- infused product manufacturer or an optional premises cultivation operation. Medical marijuana- infused product shall mean a product infused with medical marijuana that is intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, and tinctures. Medical marijuana - infused product manufacturer shall mean a person licensed pursuant to the Colorado Medical Marijuana Code to operate a business as described in section 12- 43.3 -404, C.R.S. Optional premises cultivation operation shall mean a premises licensed pursuant to this ordinance and the Colorado Medical Marijuana Code where a business described in section 12- 43.3 -403, C.R.S will operate. Patient has the meaning provided in section 14(a)(d) of Article XVIII of the Colorado Constitution of the Colorado Constitution as further defined and regulated in section 25- 1.5 -106, C.R.S. and 5 C.C.R. 1006 -2. Person means a natural person, partnership, association, company, corporation, limited liability company, organization, or a manager, agent, owner, director, servant, officer, or employee thereof. Primary care -giver has the meaning provided in section 14(1)(f) of Article XVIII of the Colorado Constitution as further defined and regulated in section 25 -1.5 -106, C.R.S. and 5 C.C.R. 1006 -2. School shall mean a public or private preschool or a public or private elementary, middle, junior high or highschool. (b) In addition to the definitions provided in subsection (a) of this section, the other defined terms in section 14 of Article XVIII of the Colorado Constitution are incorporated into this article by reference. 5 DIVISION 2. MEDICAL MARIJUANA LICENSES Sec. 11 -292. Local licensing authority established. (a) There is hereby established a local licensing authority, which shall have and is vested with the authority to: 1. Grant and refuse licenses and approve and deny applications for renewal and transfer of licenses for the sale, cultivation and manufacture of medical marijuana and medical marijuana infused products; 2. Promulgate reasonable rules and regulations concerning licenses issued under this division 2; 3. Suspend and revoke licenses issued under this division 2 in the matter provided by law; and 4. Have all of the powers of the local licensing authority as provided in the Colorado Medical Marijuana Code. (b) The Tax and Licensing Division of the City shall serve as the local licensing authority for any administrative purposes described in subsections (a)(1), (a)(2) and (a)(4) of this section An administrative hearing officer shall serve as the local licensing authority for purposes of hearing any requests for suspension or revocation described in subsection (a)(3). Sec. 11 -293. Types of medical marijuana licenses. The local licensing authority may issue the following three types of medical marijuana licenses: (a) Medical marijuana center license; (b) Medical marijuana- infused products manufacturing license; and (c) Optional premises cultivation license. Sec. 11 -294. Medical marijuana license required. No person or entity shall operate a medical marijuana establishment within the City without a valid and appropriate medical marijuana license issued in accordance with this division 2. This requirement to obtain the appropriate medical marijuana license is in addition to the requirement to obtain a business license pursuant to article II of this chapter and any other license or permit required by the city. Sec. 11 -295. Application of Colorado Medical Marijuana Code. Except as otherwise provided herein, the local licensing authority shall be governed by the 9 Colorado Medical Marijuana Code now in effect or subsequently amended. In the event of a conflict between the provisions in this article and those in the Colorado Medical Marijuana Code, the more stringent provision shall apply. Sec. 11 -296. Application for license. (a) A person seeking to obtain a license pursuant to this division 2 shall file an application with the local licensing authority on a form provided by the state, and shall include all additional information required by the Colorado Medical Marijuana Code. (b) The local licensing authority is hereby authorized to request any applicant to provide information that is in addition to the requirements of the Colorado Medical Marijuana Code if it determines that such information is reasonably necessary to complete the investigation and review of the application. Sec. 11 -297. Application fee. An applicant shall pay to the City a non - refundable application fee when the application is filed. The purpose of the fee is to cover the administrative costs of processing the application. The amount of the application fee shall be fixed by the City Council by motion. Sec. 11 -298. Standards for approval of license, no hearing required. (a) The local licensing authority is authorized to administratively approve any license under this division 2 so long as the following conditions are met: 1. The application (including any required attachments and submissions) is complete and signed by the applicant; 2. The applicant has paid the application fee and any other fees required by this code; 3. The application does not contain a material falsehood or misrepresentation; 4. The application complies with all of the requirements of this division 2 and the Colorado Medical Marijuana Code; and 5. The licensing authority has received written approval from the City of Wheat Ridge Police Department as to the applicant's criminal background. 6. The licensing authority has received written approval from the Community Development Department that the location and zoning requirements imposed by this division 2 and Section 26 -204 of the Code have been met. (b) The local licensing authority may, but is not required to hold a hearing as permitted by section 12- 43.3 -302, C.R.S. prior to granting a medical marijuana license. Sec. 11 -299. Authority to recommend and impose conditions on license. (a) Any City department shall have the authority to recommend reasonable terms and conditions on a license as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of this division 2 and applicable law, so long as those conditions are not in conflict with the Colorado Medical Marijuana Code. (b) The local licensing authority is authorized to approve any license issued under this division 2 subject to such reasonable conditions as required by the City. (c) In the event an application is conditionally approved, the local licensing authority shall clearly set forth in writing the conditions of approval. Sec. 11 -300. Denial of license. The local licensing authority shall deny an application for a license under this division 2 when the applicant fails to meet all of the standards set forth in section 11 -298 of this division 2. Sec. 11 -301. Appeal of denial or conditional approval of license. (a) An applicant has the right to appeal the denial of an application or condition imposed thereon to an administrative hearing officer. (b) The applicant must file a written notice of appeal with the local licensing authority within fifteen days after the date of mailing of the denial or conditional approval of the application. (c) Upon notice from the local satisfied the requirement in subsection administrative hearing officer. licensing authority that the applicant has (b), the City Manager shall appoint an (d) The applicant shall be provided with not less than ten days' prior written notice of the appeal hearing to be held by the administrative hearing officer. (e) The burden of proof in an appeal filed under this section shall be on the applicant. (f) If the administrative hearing officer finds by a preponderance of the evidence that the decision of the local licensing authority was correct, the administrative hearing officer shall uphold that decision. If the administrative hearing officer finds by a preponderance of the evidence that the decision of the local licensing authority was incorrect, the administrative hearing officer shall set aside the denial and issue the license. The administrative hearing officer may impose additional conditions on the license issued (if it was previously denied) or require that the conditions of approval be stricken or modified. (g) Any decision made by the administrative hearing officer pursuant to this section shall be a final decision and may be appealed to the district court pursuant to 11 Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the denial or conditional approval of the application. Sec. 11 -302. Duration of license, renewal. (a) Each license issued pursuant to this division 2 shall expire on the first day of the month one year from the month of issuance, and may be renewed as provided in this section. (b) An application for the renewal of an existing license shall be made to the local licensing authority as required by the Colorado Medical Marijuana Code. At the time of the filing of an application for the renewal of an existing license the applicant shall pay a renewal fee in an amount fixed by the City Council by motion. Sec. 11 -303. Duties of licensee. Each licensee shall: (a) Post the license in a conspicuous location on the licensed premises; (b) Comply with all of the terms and conditions of the license; (c) Comply with all of the requirements of this division 2; (d) Comply with all other applicable City ordinances; (e) Comply with the Colorado Medical Marijuana Code; (f) Comply with all state laws and administrative regulations pertaining to the medical use of marijuana; (g) Comply with all applicable federal laws, rules, or regulations, other than a federal law, rule or regulation concerning the possession, sale or distribution of medical marijuana; (h) Permit inspection of its records and operation by the local licensing authority for the purpose of determining the licensee's compliance with the terms and conditions of the license and the City's tax laws; and (i) Permit inspection of the premises by authorized City officials during permitted business hours for the purpose of determining compliance with this division 2. Sec. 11 -304. Hearing, suspension, revocation of license. (a) A license issued pursuant to this division 2 may be suspended or revoked by the local licensing authority after a hearing for the following reasons: 1. Fraud, misrepresentation, or a false statement of material fact contained in the license application; M 2. A violation of any City ordinance, state, or federal law or regulation, other than a federal law or regulation concerning the possession, sale or distribution of marijuana that conflicts with Article XVIII Section 14 of the Colorado Constitution; 3. A violation of any of the terms and conditions of the license; 4. A violation of any of the provisions of this article; or 5. Good cause. (b) Request for suspension or revocation, notice of hearing, burden. 1. Any authorized City official may request in writing that a license issued under this article be suspended or revoked. 2. The City Manager shall appoint an administrative hearing officer to preside over the hearing on the suspension or revocation of a license. 3. The administrative hearing officer shall a. Set a date and time on which to determine whether to revoke or suspend such license; b. Notify the licensee in writing of the date and time of the hearing at least ten (10) days prior to conducting such hearing. Such notice shall be sent by regular mail postage prepaid. Notice is deemed to have been given upon mailing; C. Conduct a hearing based on the allegations provided in the written request. This shall be an informal hearing where no rules of evidence shall apply. The burden shall be on the City to prove by a preponderance of the evidence that the licensee has violated the provisions in subsection 11 -294 (a); and d. Provide a written decision to the licensee within a reasonable time after the conclusion of the hearing. (c) In deciding whether a license should be suspended or revoked, and in deciding what conditions to impose in the event of a suspension, if any, the administrative hearing officer shall consider: 1. The nature and seriousness of the violation; 10 2. Corrective action, if any, taken by the licensee; 3. Prior violation(s), if any, by the licensee; 4. The likelihood of recurrence; 5. All circumstances surrounding the violation; 6. Whether the violation was willful; 7. The number of previous violations by the licensee; and 8. Previous sanctions, if any, imposed against the licensee. (d) In connection with the suspension of a license, the administrative hearing officer may impose reasonable conditions thereon. (e) Any decision made by the administrative hearing officer pursuant to this section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the decision. (f) No fee previously paid by a licensee in connection with the application shall be refunded if such license is suspended or revoked. Sec. 11 -305. Prohibited locations. (a) Except as provided in subsection (f) of this section, no medical marijuana establishment shall be located at a location that does not conform to the requirements of this section. (b) No medical marijuana center shall be located within one thousand feet of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, or seminary, or a residential child care facility. (c) No medical marijuana center shall be located within three quarters ( 3 /) of a mile of another medical marijuana center. (d) No person shall operate an optional premises cultivation operation within the City unless the licensed premises of the person's optional premises cultivation operation are contiguous with the licensed premises of the person's medical marijuana center license and /or the person's medical marijuana- infused products manufacturing license. (e) Each medical marijuana establishment shall be operated from a permanent location. Except as permitted by the Medical Marijuana Code, no medical marijuana establishment shall be licensed to operate from a moveable, mobile, or transitory location. 11 (f) The suitability of a location for a medical marijuana establishment shall be determined at the time of the issuance of the first license for such establishment. The fact that changes in the neighborhood that occur after the issuance of the first license might render the site unsuitable for a medical marijuana establishment under this section shall not be grounds to suspend, revoke or refuse to renew the license for such establishment so long as the license for the establishment remains in effect. Sec. 11 -306. Signage. (a) All signage for a medical marijuana establishment shall comply with the requirements of chapter 26 of this code. (b) No licensee shall display a sign for the medical marijuana establishment that contains the word "marijuana," "cannabis," or any other word or phrase commonly understood to refer to marijuana unless such word or phrase is immediately preceded or followed by the word "medical." Sec. 11 -307. Taxes. Each licensee shall collect and remit sales tax on all medical marijuana, paraphernalia, and other tangible personal property sold by the licensee at the medical marijuana establishment according to the provisions of chapter 22 of this code and any regulations issued pursuant thereto. Sec. 11 -308. Penalties, injunctive relief. (a) It is a misdemeanor offense for any person to violate any provision of this division 2. Any person convicted of having violated any provision of this division 2 shall be punished as set forth in section 1 -5 of this code. (b) In addition to all other remedies available to the city under this code and by law, the operation of a medical marijuana establishment without a valid license issued pursuant to this division 2 may be enjoined by the City in an action brought in a court of competent jurisdiction. DIVISION 3. PRIMARY CARE -GIVER LICENSE Sec. 11 -320. Primary caregiver license required. No primary care -giver shall produce, offer, sell or grow medical marijuana within the City without a valid and appropriate primary care -giver license issued in accordance with this division 3. Sec. 11 -321. Application for license. (a) A person seeking to obtain a primary care -giver license shall file an application with the Tax and Licensing Division. 12 (b) An application for a primary care -giver license shall contain the following information: 1. The applicant's name, address and telephone number; 2. The street address of the applicant's operation location; 3. If the applicant is not the owner of the proposed location, a notarized statement from the owner of such property authorizing the use of said property for the applicant's operation; 4. A statement by the applicant acknowledging that the applicant may be subject to criminal prosecution under federal law for the distribution of a controlled substance; 5. A statement by the applicant that the applicant is a state approved primary care - giver; 6. A statement by the applicant that the applicant will provide the Wheat Ridge Police Department the registry identification card number of each of his or her patients upon inquiry; 7. A statement by the applicant acknowledging that the City accepts no legal liability in connection with the approval and subsequent operation of the medical marijuana establishment; 8. A statement by the applicant acknowledging that the provisions in chapter 26 of this code concerning home occupations applies to the activities of a primary care - giver; and 9. Any additional information that the Tax and Licensing Division reasonably determines to be necessary in connection with the investigation and review of the application. Sec. 11 -322. Application fee. An applicant shall pay to the City a non - refundable application fee when the application is filed. The purpose of the fee is to cover the administrative costs of processing the application. The amount of the application fee shall be fixed by the City Council by motion. Sec. 11 -323. Standards for approval of license. The Tax and Licensing Division is authorized to approve a primary care -giver license so long as the following conditions are met: (a) The application (including any required attachments and submissions) is complete and signed by the applicant; (b) The applicant has paid the application fee; and 13 (c) The application does not contain a material falsehood or misrepresentation. Sec. 11 -324. Authority to recommend and impose conditions on license. (a) Any City department shall have the authority to recommend reasonable terms and conditions on a primary care -giver license as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of this division 3 and applicable law. (b) The Tax and Licensing Division is authorized to approve any primary care- giver license subject to such reasonable conditions as required by the City. (c) In the event an application is conditionally approved, the Tax and Licensing Division shall clearly set forth in writing the conditions of approval. Sec. 11 -325. Denial of license. The Tax and Licensing Division shall deny an application for a primary care -giver license when the applicant fails to meet all of the standards set forth in section 11 -313 of this division 3. Sec. 11 -326. Appeal of denial or conditional approval of license. An applicant has the right to appeal the denial of an application or condition imposed thereon to an administrative hearing officer pursuant to the provisions in code section 11 -291. Sec. 11 -327. Duration of license, renewal. (a) Each license issued pursuant to this division 3 shall expire on the first day of the month one year from the month of issuance, and may be renewed as provided in this section. (b) An application for the renewal of an existing license issued under this division 3 shall be made to the Tax and Licensing Division. At the time of the filing of an application for the renewal of an existing license the applicant shall pay a renewal fee in an amount fixed by the City Council by motion. Sec. 11 -328. Duties of licensee. Each licensee shall: (a) Comply with all of the terms and conditions of the license; (b) Comply with all of the requirements of this division 3; (c) Comply with all other applicable City ordinances; (d) Comply with all state laws and administrative regulations pertaining to the medical use of marijuana; 14 (e) Comply with all applicable federal laws, rules, or regulations, other than a federal law, rule or regulation concerning the possession, sale or distribution of medical marijuana; and (f) Permit inspection of the licensed premises by authorized City officials at reasonable hours upon a complaint and after providing twenty -four hours written notice to the licensee. Such written notice may be posted on the licensed premises. Sec. 11 -329. Hearing, suspension, revocation of license. A license issued pursuant to this division 3 may be suspended or revoked by the City pursuant to the provisions in code section 11 -294. Sec. 11 -330. Growing of medical marijuana outdoors prohibited. No primary care- giver may grow medical marijuana outdoors. Sec. 11 -331. Penalties, injunctive relief. (a) It is a misdemeanor offense for any person to violate any provision of this division 3. Any person convicted of having violated any provision of this article shall be punished as set forth in code section 1 -5. (b) In addition to all other remedies available to the City under this code and by law, the growing of medical marijuana by an unlicensed primary care -giver may be enjoined by the City in an action brought in a court of competent jurisdiction. Section 3 . Section 26 -123 of the Code, entitled Definitions, is hereby amended by the addition of the following terms: Medical marijuana center has the meaning provided in Article XII of Chapter 11 of this code. Medical marijuana- infused products manufacturer has the meaning provided in Article XII of Chapter 11 of this code. Optional premises cultivation operation has the meaning provided in Article XII of Chapter 11 of this code. Section 4 . The Table of Uses for Commercial and Industrial Districts provided for in Section 26 -204 of the Code is hereby amended as follows: Uses Notes NC RC C -1 C -2 / Medical and dental Pharmacies and P P P P P offices, clinics or optical stores laboratories, excluding are accessory substance abuse use clinics 15 MEDICAL P P MARIJUANA CENTERS MEDICAL P P MARIJUANA - INFUSED PRODUCTS MANUFACTURERS OPTIONAL P P PREMISES CULTIVATION OPERATION Mini - warehouses for P P inside storage Section 5 . Police Power Finding The City Council hereby finds, determines, and declares that this Ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the City of Wheat Ridge and the inhabitants thereof. Section 6 . Authority The City Council hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers); (iii) Section 31 -15 -103, C.R.S. (concerning municipal police powers); (iv) Section 31 -15 -401, C.R.S. (concerning municipal police powers); (v) Section 31 -15 -501 (concerning municipal power to regulate businesses); (vi) the authority granted to home rule municipalities by Article XX of the Colorado Constitution; and (vii) the powers contained in the City of Wheat Ridge, Colorado Home Rule Charter (the "Charter "). Section 7 Severability, Conflicting Ordinances Repealed If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 8 . Effective Date This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 201 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for 201at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. 16 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 1 201. SIGNED by the Mayor on this day of 201. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: 17 r. �.: <�.�v- MEMORANDUM TO: Mayor Jerry DiTullio and City Council THROUGH: Randy Young, City Manager FROM: Gerald Dahl, City Attorney; Dan Brennan, Chief of Police and Ken Johnstone, Director of Community Development DATE: January 22, 2010 RE: Medical Marijuana Basics How is marijuana legal? In 2000, Colorado voters passed Amendment 20 to the Colorado Constitution, legalizing the medical use of marijuana. Colo. Const. art. XVIII, § 14. Amendment 20 created an exception to the state's criminal laws for any patient or primary care -giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana.' Colo. Const. art XVIII, § 14(2)(b). If medical marijuana patients or primary care - givers are not in possession of a registry identification card but they have a physician's recommendation that marijuana may help treat a patient's debilitating medical condition, than the patient and their primary care -giver are entitled to an affirmative defense to the state's criminal laws. Colo. Const. art XVIII, § 14(2)(a). Licensed physicians are also entitled to an exception to the state's criminal laws under Amendment 20 for recommending the medical use of marijuana to patients who have been diagnosed with debilitating medical conditions. Colo. Const. art. XVIII, § 14(2)(c). For purposes of Amendment 20, "medical use" means: The acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient's debilitating medical condition, which may be authorized only after diagnosis of the patient's debilitating medical condition by a physician or physicians, as provided in this Section. Colo. Const. art. XVIII, § 14(1)(b). Thus, persons diagnosed with a debilitating medical condition may use, acquire, possess, produce or transport marijuana for medicinal purposes. As of June 14, 2004, the Colorado Department of Public Health and Environment instituted a policy of no longer issuing medical marijuana registry cards to primary- caregivers. EXHIBIT 2 Note, that medical use does not include the term dispensing, selling or purchasing. Those words are only included within Amendment 20 under section 14(2)(e) which states: Notwithstanding the foregoing provisions, no person, including a patient or primary care - giver, shall be entitled to the protection ... for his or her acquisition, possession, manufacture, production, use, ale, distribution, dispensing, or transportation of marijuana for any use other than medical use. However, in a recent decision, a District Court judge determined that the term "acquire" as used within the term "medical use" necessarily included selling or dispensing because of section 14(e). Frasher et al v. City of Centennial, 2009CV1456, Arapahoe County. This was a preliminary decision on a motion for temporary injunctive relief and not a after a full trial. In addition, because this is a decision of a District Court it does not serve as legal precedent and therefore does not necessarily apply to any other municipality besides Centennial. To date, the sale of medical marijuana is not regulated by the state. As a result, medical marijuana dispensaries are being established under the pretense that the individuals operating those businesses do so as a "primary caregiver ". Amendment 20 defines "primary caregiver" as: a person other than the patient and the patient's physician who is eighteen years of age or older and has a significant responsibility for managing the well -being of a patient who has a debilitating medical condition. Colo. Const. art. XVIII, § 14(1)(f). So long as an individual owner of a medical marijuana dispensary is named as a primary giver by patients who have debilitating medical conditions, that individual is entitled to the same protections afforded those patients under Amendment 20. Therefore, a primary care -giver is allowed to acquire, possess, and transport marijuana for use by his or her patients. Combined a patient and his or her primary care -giver may not possess more than two (2) ounces of marijuana in a usable form and not more than six (6) marijuana plants in varying stages of development. Colo. Const. art. XVIII, § 14(4)(a). This limit as applied to a primary care -giver is cumulative as based on the number of patients for whom that primary care -giver is responsible. For example, if a primary care -giver has 10 patients, none of whom grow their own marijuana, than the primary care -giver is entitled to possess up to sixty (60) plants. So why have medical marijuana dispensaries proliferated? In February of last year, the United States Attorney General, Eric Holder, announced that it would no longer be a priority of the Justice Department to enforce the federal prohibition against the sale or use of marijuana. Prior to that announcement, few medical marijuana dispensaries operated within the state and there were a few thousand patients listed on the state's registry. Since that announcement, it has been estimated that there are now 30,000 patients listed on the state's registry and an unknown number of medical marijuana dispensaries. The Attorney General's comments alone do not explain the explosion of medical marijuana dispensaries in the state. The Colorado Department of Public Health (the "CDPHE ") also shares some responsibility. The CDPHE is charged with promulgating rules to implement 2 Amendment 20. In July 2009, the CDPHE proposed an amendment to its regulations to redefine the phrase "significant responsibility for managing the well -being of a patient," as it is used in the definition of "primary caregiver." After a twelve hour hearing, the CDPHE adopted a rule that defines that phrase to mean: assisting a patient with daily activities, including but not limited to transportation or housekeeping or meal preparation or shipping or making any necessary arrangement for access to medical care or services or provision of medical marijuana. Under this definition, a primary care -giver can significantly manage the well -being of a patient solely by providing medical marijuana. However, in October 2009, the Colorado Court of Appeals determined that "supplying marijuana for medical use, by itself, is insufficient to constitute significant management responsibility for a patient's well- being." People v. Clendenin, 08CA0624 (Colo. App. October 29, 2009). Unfortunately, the Court did not describe what other types of activities would satisfy the term. In addition, due to timing, the Court did not address the CDPHE's definition. This case is now before the Colorado Supreme Court. What is the current status of legislation? Currently, the state laws concerning medical marijuana do not address or place requirements on the doctor to patient relationship. There are two bills being proposed for consideration by the General Assembly during this year's term. The first bill would address the doctor to patient relationship. This bill places more stringent requirements on the type of review that must be conducted by the physician prior to that physician recommending that a patient use medical marijuana. The second bill would limit the number of patients for whom a primary care -giver may care. If this second bill is adopted as written, a primary care -giver may only have five (5) patients. It also prohibits primary care - givers from combing to grow or provide marijuana to their patients. Economically, this would essentially prohibit medical marijuana dispensaries from continued operation. 3 . MURRLY.Y 0AHL z � KUEGHENMEISTER RENaUO LLP ATTORNEYS AT LAW MEMORANDUM TO: Mayor Jerry DiTullio and City Council THROUGH: Patrick Goff, City Manager FROM: Gerald Dahl, City Attorney; Dan Brennan, Chief of Police and Ken Johnstone, Director of Community Development DATE: November 3, 2010 (for the November 15 Study Session) RE: Medical Marijuana Licensing and Regulation The purpose of this memorandum is two -fold: (1) to give an update of recent developments concerning the regulation of the cultivation, production, use and sale of medical marijuana, and (2) to request direction from Council on how to proceed with appropriate licensing and regulation, or banning, of medical marijuana businesses in the City also including primary care- givers and cultivation. I. Background: Regulation of Medical Marijuana Businesses In June 2010, staff produced a memorandum (attached for your reference) describing the licensing and regulation of medical marijuana cultivation, production and use under Amendment 20 to the Colorado Constitution and the newly adopted Colorado Medical Marijuana Code, C.R.S. §§ 12- 43.3 -101 et seq. At that time, the Colorado Department of Revenue (the "DOR "), the state's licensing authority, was expected to produce and adopt regulations concerning its application of the Medical Marijuana Code in September 2010. Council decided to delay further discussion concerning the City's regulations until after the DOR had produced its regulations. Council adopted an ordinance extending the City's moratorium on the issuance of permits and licenses concerning medical marijuana businesses until the date that the DOR regulations "became effective." The DOR released its draft regulations in September. Under state law, the DOR is required to hold hearings on those regulations prior to their implementation. While the DOR has not produced an official calendar, the DOR should begin holding hearings on the regulations in January 2011 with an effective date set for March 2011. At approximately ninety -three pages of text, the draft regulations are extensive. Staff believes that the draft regulations provide enough guidance for the Council to lift the moratorium and enact the City's regulations. EXHIBIT 3 II. Options for Council Action Staff is proposing the following options for Council's consideration: 1. Adopt an ordinance or recommend a ballot measure banning medical marijuana businesses from operating in the City. 2. Adopt an ordinance regulating medical marijuana businesses. Option 1: Adopt an ordinance or resolution or recommend a ballot measure banning medical marijuana businesses from operating in the City. The Colorado Medical Marijuana Code, at C.R.S. § 12- 43.3 -106, contains a local opt out provision authorizing local governments to prohibit medical marijuana businesses from operating in their communities. There are two methods by which a local government may exercise this opt out provision: o By a vote of a majority of registered electors of the local government at a regular or special election; or o By a vote of a majority of the members of the governing board of the local government. Here, Council, acting as the governing board for the City, may, by majority vote, adopt an ordinance or resolution banning medical marijuana businesses from operating in the City. Alternatively, Council could refer this question to the voters of Wheat Ridge at a special election. There are several local governments that have followed one of these two approaches. A list of those communities is attached for your reference. It is important to note that there are two retail medical marijuana businesses currently operating in the City. If the City adopts a ban on those types of businesses, this may create two legal non - conforming uses and/or potentially run afoul of the state's anti - amortization law. Under that law, no business that was legal at the time that it was created may be forced to close. By adopting a ban on medical marijuana businesses, the City would necessarily be forcing the two existing businesses to close. This could subject the City to a lawsuit under the anti - amortization provisions. However, the anti - amortization statute predates the Colorado Medical Marijuana Code. Under general rules of statutory interpretation, in the event that two statutory provisions conflict, the more recent provision prevails. As the more recent provision, the Colorado Medical Marijuana Code authorizes the City to ban medical marijuana businesses. In addition, under the Colorado Medical Marijuana Code, the City's ability to ban must necessarily include the ability of the City to force those existing businesses to close. Thus, while the City may be subject to a lawsuit for forcing those existing businesses to close, it is not likely that the City would be forced to compensate the owners of those businesses for taking actions authorized under the Colorado Medical Marijuana Code. ►a Option 2 - Adopt an ordinance concerning the licensing of medical with changes consistent with the provisions in the Colorado Medical Marijuana Code and DOR regulations. If the Council decides to allow medical marijuana businesses to operate in the City, staff requests direction concerning some specific regulatory options for those businesses. The City is not required to adopt regulations implementing the Colorado Medical Marijuana Code because under C.R.S. § 12- 43.3- 301(2)(a), if the Council does not ban medical marijuana businesses or adopt regulations, then the default provisions of the Colorado Medical Marijuana Code apply. It is staff's recommendation that Council adopt some level of regulation to determine the appropriate zoning and licensing mechanisms for these businesses operating within the City. Here are the questions Staff needs Council to answer if Option 2 is selected: o What types of licenses should the City offer? The Colorado Medical Marijuana Code authorizes the City to issue the following medical marijuana licenses: 1. A medical marijuana center license This is a license for a retail medical marijuana business. 2. A medical marijuana- infused products manufacturer license This is a license for a business that manufacturers a product containing medical marijuana for use or consumption by a patient. Examples of products include edibles, tinctures and ointments. 3. An optional premises cultivation operation license This is a license that can only be issued to either a medical marijuana center or a medical marijuana - infused products manufacturer for a location in which the licensee is authorized to grow and cultivate medical marijuana. o Should the City adopt a vertical integration model for medical marijuana centers? Under the vertical integration model, all cultivation activities under an optional premises license would be required to occur at or immediately adjacent to the location of the medical marijuana center licensed premises. The primary purpose of this regulatory model would be to assist the City in enforcing the Colorado Medical Marijuana Code requirement that medical marijuana centers grow a minimum of 70% of the medical marijuana that they sell at retail. In addition, under this model, no medical marijuana center could obtain a City license unless the applicant also obtained an optional premises cultivation operation license for an adjacent parcel. This type of model could limit the number of medical marijuana centers operating in the City. The City of Lakewood currently operates under this type of vertical integration model. One alternative to the vertical integration model includes allowing optional premises medical marijuana cultivation operations to be in separate and non - adjacent facilities from medical marijuana center locations. One purpose for this is that land use impacts from cultivation operations may include additional electrical power usage, -3- significant water use, chemicals and odors associated with growing plants. These types of impacts are typically not conducive to retail locations. o If the City adopts a vertical integration model, what is the appropriate zoning for those businesses? Community Development Staff proposes that vertically integrated medical marijuana businesses be allowed as a use by right in the City's Cl (light commercial) and I (industrial) zone districts. The Police Department supports keeping medical marijuana businesses in the City's C1 districts for reasons of safety and enforcement. o If the City does not adopt a vertical integration model, what is the appropriate zoning for medical marijuana businesses? Community Development Staff and the Police Department Staff agree that if the City does not adopt a vertical integration model, retail medical marijuana centers should be allowed as a use by right in the City's Cl (light commercial) district and that optional premises cultivation operations and medical marijuana - infused products manufacturers should be permitted in the City's I (industrial) zone district. o Does Council want to reduce or eliminate the Colorado Medical Marijuana Code's default provision that prohibits medical marijuana businesses from operating within 1000 feet of certain locations? The Colorado Medical Marijuana Code prohibits medical marijuana businesses from operating within 1000 feet of schools, child care facilities or drug treatment and rehabilitation centers. However, it does authorize the City to adopt less stringent distance requirements. Staff previously recommended that the 1000 foot distance limitation be reduced to 500 feet. Maps of the City demonstrating these distance limitations have been attached to this Memorandum. Map A concerns the 500 foot limitation. Map B concerns the default 1000 foot limitation. o Does Council want to adopt a provision limiting the distance between licensed premises? The Colorado Medical Marijuana Code authorizes the City to adopt a provision limiting location of the distance between medical marijuana licensed premises. Currently, the City of Lakewood prohibits medical marijuana centers from operating within three quarters of a mile of another medical marijuana center. Attached to this memorandum is Map C which demonstrates this distance limitation in conjunction with the default 1000 foot limitation described above. As demonstrated on Map C, if both limitations were adopted by the City, the available locations for operating medical marijuana facilities would be limited. As a result, the total number of medical marijuana facilities would also be limited. -4- o Who will serve as the City's local licensing authority? The Colorado Medical Marijuana Code requires all local governments issuing licenses to medical marijuana businesses to name a local licensing authority. Council may designate an administrative office or a division thereof, such as the Tax and Licensing Division of the City Manager's office, as that local licensing authority. Alternatively, Council may designate a deliberative body, like the City's Liquor Authority, as the local licensing authority. Staff recommends that Council name the Tax and Licensing Division of the City Manager's office as the City's local licensing authority for the purpose of issuing medical marijuana business licenses. Staff further recommends that Council provide for a hearing officer to be named by the City Manager (as is done with other regulatory matters in the City) to serve as the licensing authority for the purposes of hearing appeals and show cause matters. Although the Liquor Authority has expressed interest in becoming the licensing authority for medical marijuana business, Staff believes that this would make the process less efficient and effective because the requirements of the Colorado Medical Marijuana Code are detailed and technical. As such, a citizen committee is likely unprepared to interpret and apply those requirements without significant staff involvement. Naming an administrative office is preferable because it will be more efficient and cost effective. o How broad or deep should the City's regulations be? With complex regulatory subjects, such as elections and liquor licenses, some municipalities opt to adopt by reference all or substantially all of the state regulations concerning those subjects in their respective codes. Currently, the City regulates elections and liquor licenses through references to the respective state statutes covering those subjects. This allows the City to regulate those subjects under the extensive state law provisions without the City extending its Code unnecessarily. Does Council favor adopting similar references to state statutes and regulations concerning medical marijuana businesses? The alternative would consist of a lengthy ordinance that contained language that was largely pulled from state statute. Once these decisions have been made, staff will present a draft ordinance for Council's consideration. III. Regulation of the Activities of Primary Caregivers This portion of the memorandum concerns the use of property within the City by primary caregivers. Recall, that Amendment 20 to the Colorado Constitution provides patients and primary caregivers with an affirmative defense or exception to criminal prosecution concerning their medical use of marijuana. Medical use is defined in Amendment 20 as the "acquisition, possession, production, use, or transportation of marijuana or paraphernalia related to the administration of medical marijuana. Under Amendment 20, primary caregivers have significant responsibility for managing the wellbeing of their patients and are authorized to grow up to six plants, in various stages of development, for each patient. A patient is permitted a maximum of six plants in varying stages of development and a maximum of two ounces of -5- marijuana in a usable form. Pursuant to the provisions in C.R.S. § 25 -1.5- 106(8), a primary caregiver may serve up to a maximum of five patients but may not charge those patients more than the primary caregiver's cost to cultivate or purchase medical marijuana. However, the primary caregiver may charge for the cost of providing caregiver services, e.g. grocery shopping, cleaning, etc. This summer, the Police Department and City staff received questions from City residents concerning the use of residential property within the City for cultivation activities of patients and primary caregivers. Recently, the Wheat Ridge officers contacted a resident concerning marijuana plants that were being grown in the backyard of the residence. The resident presented sufficient materials to the officers proving that the resident was a primary caregiver under Amendment 20. As a result of that status, the officers did not take further action. Although Amendment 20 protects patients and primary caregivers from criminal prosecution for the medical use of marijuana, they are not immune from application of the zoning provisions. Thus, the City may adopt some limited regulation concerning marijuana cultivation activities. Currently, under Wheat Ridge Code of Laws § 26 -613, as a home occupation, primary caregivers are permitted to use a residential dwelling for cultivation activities as a use by right. To prevent additional unnecessary contacts by Wheat Ridge officers, alleviate neighbor concerns, and for reasons of protecting the public's health, safety and welfare, staff recommends that Council consider adopting a provision in the zoning code that limits marijuana cultivation activities to inside of structures within the City. This limitation would apply equally to optional premises cultivation operators, patients, and primary caregivers. Some other communities have adopted or considered provisions regulating primary caregivers and/or the cultivation of medical marijuana in their communities. Those regulations include: 1. Limiting the number of medical marijuana plants that can be cultivated in residential zone districts. 2. Requiring primary caregivers to obtain a municipal license or registration. 3. Prohibiting the number of primary caregivers that can operate from a single dwelling unit. 4. Regulating primary caregivers as home occupations under local zoning code provisions. IV. Conclusion The landscape concerning local and state regulation of the cultivation, sale and manufacture of medical marijuana and medical marijuana - infused products continues to develop. We will continue to follow this changing environment and present updates to the Mayor and Council as requested or as necessary to obtain further guidance concerning the City's regulatory position. As always, please let us know if you have any additional questions or concerns. Attachments: 1. Summary of local government ban status 2. Maps A, B, & C -6- ,F -11'M Proposed Separations: Medical Marijuana Dispensaries and Other Land Uses Case No. ZOA -09 -06 Amendments to Chapter 26, Zoning & Development Code, concerning medical marijuana dispensaries �•_••_� City of Wheat Ridge Boundary - Existing Medical Marijuana Dispensaries - Schools Childcare Facilities Drug Treatment Centers 1000 -Foot Buffer 3/4 -Mile Buffer N Zone Districts Commercial -One (C -1) - Commercial -Two (C -2) Industrial (1) 2,250 0 2.250 4,500 F State Plane Coordinate Projection Colorado Central Zone Datum: NAD83 DISCLAIMER NOTICE This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely requestor's responsibility. The City of Wheat Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits, and causes of action that result as a consequence of his reliance on information provided herein. W heat Iidge City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033 -8001 303.234.5900 Created by Lauren Mikulak, Planner 1- 2/8/2011 Data Sources: City of Wheat Ridge, Colorado Department of Human Services MAP 2 Proposed Eligible Locations: Medical Marijuana Dispensaries Case No. ZOA -09 -06 Amendments to Chapter 26, Zoning & Development Code, concerning medical marijuana dispensaries �._.._� City of Wheat Ridge Boundary N Zone Districts Commercial -One (C -1) - Industrial (1) 2,250 0 2250 4.500 State Plane Coordinate Projection Colorado Central Zone Datum: NAD83 DISCLAIMER NOTICE This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely requester's responsibility. The City of Wheat Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities. damages, lawsuits, and causes of action that result as a consequence of his reliance on information provided herein. W hcat Iidgc City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033 -8001 303.234.5900 Created by Lauren Mikulak, Planner 1- 2/8/2011 Data Sources: City of Wheat Ridge, Colorado Department of Human Services �, City of Wheatl�idge PLANNING COMMISSION COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT MEETING DATE: February 17, 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 26 PERTAINING TO THE ADOPTION OF THE STREETSCAPE DESIGN MANUAL. CASE NO. ZOA -10 -05 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Sarah Showalter Date of Preparation: February 10, 2011 SUMMARY: The attached ordinance enables adoption of a new Streetscape Design Manual. The ordinance also amends several portions of Chapter 26 to create consistent references to the Streetscape Design Manual (newly adopted) and the Architectural and Site Design Manual (adopted in 2007). The new Streetscape Design Manual will replace the outdated Streetscape and Architectural Design Manual, which was originally adopted in 2001. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND The City adopted the Architectural and Streetscape Design Manual in 2001. This document contains design guidelines for both streetscapes and new buildings. The portion of the manual that addresses building design was replaced by the Architectural and Site Design Manual (ASDM), adopted in 2007. The portion of the manual that addresses streetscape design is still in effect, however it has not been updated since 2001 and has rarely been implemented. Lack of implementation is based on several issues, including: • Lack of objective standards (i.e. minimum sidewalk widths) in the manual • Outdated street classifications General lack of significant new development on commercial corridors to trigger major streetscape improvements. Some smaller redevelopment projects in the past few years have created an escrow for future streetscape improvements, but did not build them as part of the project since the project's frontage on a corridor was so small One of the primary reasons for replacing the former Streetscape and Architectural Design Manual with a new Streetscape Design Manual is to create clarity and consistency as to what is required for streetscape improvements when major redevelopment occurs. ZOA- 10- 05 /Streetscape Design Manual Process Staff began the process of creating a new Streetscape Design Manual in the summer of 2010. Staff from Community Development, Public Works, and Parks met several times to review and create the content of the manual. In addition, Planning staff held two study sessions with Planning Commission in the fall and winter of 2011, as well as two study sessions with City Council (one in summer of 2010 and one in January 2011). The draft manual was also reviewed by LiveWell Wheat Ridge's Active Community Environments (ACE) task force. The group gave valuable comments to staff that helped to improve the content of the manual. The content in the final draft, which is proposed for adoption through this ordinance, reflects input received from Planning Commission, City Council, and the ACE task force. Please note that the final draft, attached as Attachment 2, contains yellow highlights where text has been modified since the last Study Session with Planning Commission on November 4, 2010. These modifications address comments received from City Council at a Study Session on January 24, 2011. Streetscape Design Manual Overview The format and structure of the proposed manual is similar to that of the Streetscape and Architectural Design Manual from 2001. A brief outline of the manual may be found below, with a complete draft attached for your review. Chapter 1 — Introduction • Establishes intent and purpose of the Streetscape Design Manual • Applicability: only applies to arterials and collectors; as well as new local streets that serve mixed use or commercial development. The manual does not apply to local residential streets. Any new development, or redevelopment that expands building area by more than 50 %, will need to meet the standards and guidelines in the manual. The manual will also apply to any City - funded streetscape improvements. Chapter 2 — Priority Corridors • Establishes standards, including minimum sidewalk width and tree spacing, for the streetscape design of the following priority corridors: o W. 38 Avenue between Sheridan and Wadsworth o Wadsworth Boulevard between W. 32 Ave and I -70 o Kipling Street between W. 35 Ave and W. 51" Place o W. 44 Avenue between Harlan and Wadsworth and between Everett and I -70 o Youngfield Street between W. 32 "d Ave and Highway 58 o Any streets in the future TOD area Chapter 3 — Design Standards and Guidelines • This chapter establishes general standards for the streetscape along all other collectors and arterials in the City • Includes design standards and guidelines for street plantings and street furniture, including street trees, shrubs, benches, fences, lights, and monument signs. The overall intent is to create design guidelines that set a minimum level of quality but that are flexible ZOA- 10- 05 /Streetscape Design Manual 2 and can apply to a variety of the City's arterial and collector corridors. Standards and guidelines will encourage pedestrian- friendly design, especially in more urban, retail districts. Chapter 4 — Maintenance and Irrigation This chapter establishes maintenance requirements, which are crucial for the long -term value of a streetscape. RATIONALE FOR AMENDMENT The proposed code amendment advances the City's goals to promote quality development and to clarify and simply the development process. The design standards and guidelines within the manual will help the City fulfill the community character and design goals that are outlined in Chapter 6 of Envision Wheat Ridge, the City's Comprehensive Plan. These goals include: • Ensure quality design for development and redevelopment • Create recognizable gateways and corridors The proposed Streetscape Design Manual supports these goals by: • Creating objective, easy -to- understand requirements for streetscape design • Requiring sidewalks, amenity zones, and streetscape amenities (such as pedestrian lighting and benches) that form quality, pedestrian- friendly streets • Establishing design standards that are unique to priority corridors, which serve as important gateways and routes into and through the City Adoption of the new Streetscape Design Manual will help the City create attractive, high - quality streets that improve the image and character of Wheat Ridge. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Chapter 26 pertaining to adoption of the Streetscape Design Manual." Exhibits: 1. Proposed Ordinance 2. Streetscape Design Manual ZOA- 10- 05 /Streetscape Design Manual EXHIBIT 1: PROPOSED ORDINANCE CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 26 PERTAINING TO THE ADOPTION OF THE STREETSCAPE DESIGN MANUAL. WHEREAS, the City Council of the City of Wheat Ridge, Colorado (the "Council ") is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of this authority the Council has enacted the Wheat Ridge Code of Laws (the "Code "); and WHEREAS, Chapter 26 of the Code, entitled "Zoning and Development" includes requirements for building and site design, including Architectural and Streetscape Design Manuals; and WHEREAS, the Council finds that there is a need to replace the Architectural and Streetscape Design Manual, adopted in 2001, with an updated Streetscape Design Manual that establishes clear design requirements for streetscape improvements within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Sections 26 -222 26 -223 of the Code are hereby repealed and the section numbers reserved. Section 2: Section 26 -224 is hereby repealed and reenacted to read in its entirety as follows: Section 26 -224 Design Manuals. B. StreetscapeDesign Manual: The community development, and public works directors are hereby authorized and directed to promulgate regulations that encourage quality streetscape design. Such regulations, when promulgated, shall be fully enforceable with respect to all site development. The';City of Wheat Ridge Streetscape Pesign Manual dated March ;2011, is hereby adopted and shall The manual may; be, amended and updated as a' regulation from time to time by the director of community development and the director of public works. Copies of the manual shall be available far inspection and purchase in the office of the which have been placed on the it shall be exempt from the site Design Manual, including any Buildings. 2, Where review of the requirements within either design manual is part of an administrative review process; the community development director may grant waivers to or variances from those requirements pe such as process ity h the Section 3: Section 26 -225 of the Code is hereby repealed and reenacted to read in its entirety as follows: Section 26 -225 Overlay Zone. A. Purpose. This section is enacted for the purpose of creating overlay zone districts which tnay ^ establish additional regulations for the use, design, and development of a property. V cab/lity: where a property is within an overlay district, it is subject to the tions of the primary zone district as well as the overlay district. Where there 2 is conflict between the regulations of the two districts, the more stringent regulation shall apply. Section 4: Section 26 -103.13 of the Code is amended to read: Sec. 26 -103. Site development review process. I►_� B. All site development must also obtain building and construction permits pursuant to the uniform codes adopted by the city, and must comply with all other applicable sections contained within this chapter and chapter 5. All applications for building permits, exclusive of single and two - family dwellings, shall comply with the applicable standards set forth in the Architectural and Site Design Manual and the Streetscape Design Manual. Section 5: Section 26- 110.B.1 of the Code is amended to read: Sec. 26 -110. Public dedications and improvements; security. A.... B. Wadsworth Boulevard Corridor Plan Adopted 1. The Wadsworth Boulevard Corridor Plan (hereinafter, for purposes of this section, the "Plan "), dated May 12, 1999, and prepared by RNL Design, is hereby adopted as a regulation. All "site development," as that term is defined at section 26 -123 of this Code, shall, if proposed to be located within the area covered by the Plan, comply with the requirements of the Plan and of this section and their included and referenced appendices and regulations. Such compliance shall be in addition to, and not in lieu of, other requirements of this Code of Laws, including without limitation sections 5 -45 (public improvements -M Di6tFiGQ and 26 -224 Design Manuals). In the event of conflict among or between the Plan and such section on their included and referenced appendices and regulations, the more stringent requirement shall control. Section 6: Section 26 -111.D of the Code is amended to read: Sec. 26 -111. Site plan review. 3. Landscape Plan a. The landscape plan shall be prepared in a 24x36 inch format; b. Location and dimensions of all open space areas, including minimum required usable open space for site development within a mixed use zone district; c. Proposed materials for all landscaped and hardscaped areas; d. Location and type of all trees and other plantings; e. Schedule of proposed plantings; f. Table showing open space or landscape area required and provided. 4. Streetscape Plan a. Where Streetscape improvements are required per the Streetscape Design Manual (refer to Sec 26 -224), a streetscape plan, the requirements of which are outlined in the Streetscape Design Manual, shall also be required. Section 7: Sections 26 -210, 26 -211, 26 -212, 26 -213, 26 -214, and 26 -215 of the Code are amended to include the following subsection in each such Section: the Section 8: Sections 26 -216, 26 -217, 26 -218, 26 -219, and 26 -220 of the Code are amended by amending item number 12 under Subsection B.: "Development Standards, to read in each case as follows: 12. Streetscape and architectural design guidelines: See str-eetsrape And Architectural and Site Design Manual and Streetscape Design Manual, Section 26 -224 Section 9: Section 26 -302.0 of the Code is amended to read: Sec. 26 -302. General regulations. A.... al Section 10: Section 26- 306.5.A of the Code is amended to read: Sec. 26- 306.5. Planned Mixed Use District. 4 A. Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding neighborhoods and which meets the intent of the comprehensive plan, the Architectural and Site Design Manual and the Streetscape Design Manual Manual. Str-eetsepoe and ArohiiteGturall Design It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRD) district nor to circumvent other specific standards of the planned residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community interest and protecting nearby and adjacent residential neighborhoods. Section 11: Section 26 -407.E of the Code is amended to read: Sec. 26 -407. Final plat. A. ... E. Required supplemental reports. Additional information and other documents which may be required at the time of submission of the final plat shall be: 1. A drainage plan and report of the area in accordance with standards adopted by the public works department. 2. A grading plan showing existing and proposed contours at two -foot intervals if the slope is less than ten (10) percent or five (5) feet if the slope is greater than ten (10) percent. 3. Complete engineering plans and specifications for all public facilities to be installed, i.e., water and sewer utilities, traffic control devices, traffic calming features, streets, street lights, street signs and related public improvements, bridges, and storm drainage, including design analysis when required. 4. Landsraping Streetscape plans for areas within public R.O.W. according to the Wheat Ridge Streetscape Design Manual Manual for StFeetscape Design. See section 26 -224. 5. Plans for other public or private improvements required by the Manual fe Streetscape Design Manual or AFGhlitectural Design r1.:a. OY Distr "* the Architectural and Site Design Manual. 6. If public land dedications are not conveyed by plat, the final plat shall be accompanied by final executed copies of any deeds, easement deeds, or other documents of conveyance required to convey interest in land to the city or to other agencies. The deeds shall be accompanied by a title insurance policy or other evidence that the land is free and clear from all encumbrances. 7. Traffic impact analysis and report in accordance with standards adopted by the public works department. 8. Agreements made with ditch companies when needed. 9. Guarantee(s) for public improvements as required under section 26 -413. 10. Title commitment for title insurance. 11. Subdivision improvement covenant or agreement. 12. A recordable homeowners association declaration and /or agreement providing for the care and maintenance of common grounds within the subdivision which shall be enforceable by the city through code enforcement action. 13. A computer readable drawing may be required to be submitted on a floppy disk. The information shall be compatible with the current Autocad release and include, but not limited to, ties to a minimum of two (2) section (land) corners, exterior boundaries, interior lot lines, easements, rights -of -way (existing and proposed), all to include bearings and distances. 14. Copies of survey field notes. 15. Copies of deeds. 16. Geological stability information. 17. Any other information as required by the department of community development. Section 12: Section 26 -4121 of the Code is amended to read: Sec. 26 -412. Required subdivision improvements. F. Streetscaping /architectural standards improvements. The subdivider is responsible for construction of any streetscape or architectural features required by the MaAua1 #eF Manual and/or the Architectu Section 13: Section 26 -417.D of the Code is amended to read: Sec. 26 -417. Easements. A. ... D. Sidewalk and landscape easements may be required when the sidewalk or streetscape improvements required by the Aveday Diistftts Streetscape Design Manual are not within a dedicated street right - of -way. The width of this easement shall be determined by the public works department. Section 14: Section 26 -502, Subsections D, F, G and H of the Code are amended to read: Sec. 26 -502. Landscaping requirements. D. District requirements: 1. Single- and two - family residential uses. a. One (1) street tree per seventy (70) feet (or portion thereof) of street frontage to be placed within the front setback prior to issuance of the certificate of occupancy. This shall not be construed to mean trees placed seventy (70) feet on center. b. No less than twenty -five (25) percent of the gross lot area and no less than one hundred (100) percent of the front yard (exclusive of driveway and sidewalk access to the home) shall be landscaped. c. For new single family and two family residences, no more than fifty (50) percent of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. 2. Multifamily residential uses: a. Required within the minimum building setbacks abutting public right -of- way: one (1) tree, deciduous or evergreen, for every thirty (30) feet (or portion thereof) of street frontage. This should not be construed to mean trees placed thirty (30) feet on center. Trees provided in building setbacks shall not replace any requirements for street trees established in the Streetscape Design Manual (see Sec. 26 -224). b. In addition to trees required based upon public street frontage, one (1) tree and ten (10) shrubs are required for every one thousand (1,000) square feet of required landscape area. c. Except for pedestrian and vehicular access, the minimum required front yard shall be fully landscaped. d. Landscaping shall not be less than thirty (30) percent of the total lot area. e. For new multi - family developments, no more than sixty (60) percent of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. 3. Nonresidential uses: a. Required within the minimum building setbacks abutting public rights - of -way: one (1) tree, deciduous or evergreen, for every thirty (30) feet (or portion thereof) of street frontage. This should not be construed to mean trees placed thirty (30) feet on center. Trees provided in building setbacks shall not replace any requirements for street trees established in,the Streetscape Design Manual (see !Sec. 26 -224). b. In addition to trees required based upon public street frontage, one (1) tree and ten (10) shrubs are required for every one thousand (1,000) square feet of required landscape area. c. Required landscaped areas shall be as follows: (1) Landscaping shall not be less than twenty (20) percent of the gross lot area. (2) On any nonresidentially zoned property abutting 44th Avenue, 38th Avenue, Kipling Street, Wadsworth Boulevard, Youngfield Street, Ward Road, Sheridan Boulevard, or 1 -70 frontage roads, a landscaped area measuring ten (10) feet from the edge of the right -of -way is required for the entire length of the property abutting these roadways, except for curb cuts. This area may be used to meet the other area requirements. This requirement maybe waived by the community development director where build -to requirements from a mixed use zone district or the Architectural Site Design Manual apply. (3) On residentially zoned property, a minimum ten -foot landscape buffer is required adjacent to public streets abutting front or side yards. (4) For new nonresidential developments, no more than thirty (30) percent of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. (5) Additional requirements established in the Streetscape Design Manual may apply. if the pFejeGt is located i n the StreetsGape Overlay District. d. All nonresidential uses located adjacent to residentially zoned areas or agriculturally zoned areas shall provide a screened or landscaped buffer area consisting of either or both of the following: (1) A six -foot high solid fence or landscaped hedge with a mature height of six (6) feet; or (2) A strip of land at least fifteen (15) feet wide planted with a variety of vegetation and a minimum density of one (1) shrub or tree per every two (2) linear feet of buffer area adjacent to the residential or agricultural zoned property. Nothing contained in this section shall prohibit any landowner from landscaping in excess of the minimum requirements stated herein, either on their property or within public right -of -way, if approved by the public works director and/or the community development director; however, offsite landscaping cannot reduce the onsite requirements. E. ... F. Plantings. 1. In all cases, the use of xeric /waterwise plant materials is encouraged. 2. Minimum size of plant and other materials. a. Deciduous trees: Two -inch caliper, measured one (1) foot above the ground. Trees with a caliper in excess of five (5) inches may be counted as two (2) trees. Trees with a caliper in excess of ten (10) inches may be counted as three (3) trees. b. Ornamental and flowering trees: Two -inch caliper, one (1) foot above the ground. c. Evergreen Trees: Six (6) feet in height. d. Flowering and evergreen shrubs and hedges: Five - gallon size. e. Vines and groundcovers: One - gallon size. f. Mulch: A minimum of three (3) inches in depth in areas protected from wind erosion. g. River rock: A minimum of one (1) inch to two (2) inches in size and at least three (3) inches in depth over a weed barrier groundcover. 9 H 3. Completion of landscaping. When the final landscape plan is submitted, a date for completion of all plantings and related work shall be included on the plan. Landscaping shall be installed and completed prior to the issuance of a certificate of occupancy. In extenuating circumstances, such as adverse weather, where occupancy is requested prior to completion of landscaping, an irrevocable letter of credit or escrow account shall be accepted for the completion of necessary landscaping, said financial guarantee to be equal to one and one -fourth (1 1/4) times the cost of the landscaping. A cost estimate for landscaping not installed at that time shall be presented to the department of community development for approval. Letters of credit or escrows shall not be released until all planting and finish materials shown on the approved landscape plan are installed and accepted. The amount of the escrow or letter of credit shall be determined by the department of community development based on the submitted landscaping plan. Should the required landscaping not be properly installed upon the expiration of the letter of credit or escrow account, the city reserves the right to use such funds to have the required landscaping placed upon the subject premises. Any costs incurred by the city in excess of the funds provided by the letter of credit or escrow shall be recovered by the city through normal lien proceedings. Maintenance. 1. The developer, its successor and /or the property owner shall be responsible for regular weeding, irrigating, fertilizing, pruning or other maintenance of all plantings as needed in order to ensure the survival of any required landscaping. The city may require the removal and replacement of such required landscaping where dead, diseased or damaged landscaping is found. 2. Minor changes in the approved landscaping plan may be made with the approval of the director of community development if the total area of landscaping is not reduced below minimum standards and placement is not substantially changed. 3. All property owners /occupants shall be responsible for maintenance of landscaping within the portion of the public right -of -way between the back of the curb or street pavement and adjacent private property. Acceptable street trees shall titer. Street trees, whether on private property or in the public right -of -way, in S+reetsGape and ' Afel ateetu� all Des Ov erlay diStFiGt shall conform to the plant list contained in the design manual Section 15: Section 26- 1110.G of the Code is amended to read: Sec. 26 -1110. Open Space Requirements. G. Streetscaping: all new development, including expansions of an existing structure by 50 percent or more of the floor area, shall meet the requirements in the City of Wheat Ridge Streetscape Design Manual. Section 16: Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 17: Severability; Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 18: Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2011, ordered it published with Public Hearing and consideration of final passage set for , 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED by the Mayor on this day of , 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk K Approved As To Form Gerald E. Dahl, City Attorney First Publication: _ Second Publication: Wheat Ridge Transcript: Effective Date: City of Wheat Ridge Streetscape Design Manual Final Draft Planning Commission Public Hearing 02.17.2011 City of "� W at P�idgc TABLE OF CONTENTS CHAPTER 1- Introduction 1.1. Historical Context .......... ............................... 1 1.2 Purpose .................. ............................... 2 1.3 Applicability ............... ............................... 2 1.4 Procedures ................ ............................... 3 1.5 Definitions ................ ............................... 3 1.6 Street Types ............... ............................... 5 CHAPTER 2 - Priority Corridors 2.1. W. 38th Avenue ............ ............................... 8 2.2 Wadsworth Boulevard ....... ............................... 9 2.3 Kipling Street .............. ............................... 12 2.4 W. 44th Avenue .............. .............................13 2.5 Youngfield Street ........... ............................... 14 2.6 Transit - Oriented Development Area .......................... 15 CHAPTER 3 - Design Standards and Guidelines 3.1. Sidewalks ................. ............................... 19 3.2 Amenity Zones ............ ............................... 20 3.3 Street Trees ............... ............................... 22 3.4 Groundcovers and Shrubs ... ............................... 25 3.5 Street Furnishings .......... ............................... 25 3.6 Lighting .................. ............................... 31 3.7 Crosswalks and Curb Ramps . ............................... 32 CHAPTER 4 - Maintenance and Irrigation 4.1 Maintenance .............. ............................... 33 4.2 Irrigation ................. ............................... 34 APPENDIX A - References Soil Volume Guidelines and References ........................... 37 Structural Soil Reference ........ ............................... 38 Tree Protection Reference ....... ............................... 40 APPENDIX B - Recommended Plant List Recommended Shrubs ............ .............................45 Recommended Grasses and Groundcovers .........................47 Recommended Street Trees ...... ............................... 48 Wheat Ridge Streetscape Design Manual CHAPTER 1 - INTRODUCTION The Wheat Ridge Streetscape Design Manual establishes design standards for important corridors throughout the City. This manual is intended to promote high - quality streets that encourage pedestrian use and enhance the public realm. 1.1 Historical Context Wheat Ridge had its origins in the silver and gold rush days of Colorado in the late 1800's. Miners traveled back and forth between Golden, Blackhawk and Central City through what is now the City of Wheat Ridge to Denver. Eventually, farmers settled Wheat Ridge and the routes between Denver and points west became established as the main thoroughfares we know today. Wheat Ridge became an incorporated City in 1969. Wheat Ridge, like many satellite suburban communities, does not have an historical main street or town center. Residential development radiated out from Denver and the commercial activity developed along the main thoroughfares. Today these thoroughfares remain as Wheat Ridge's main commercial corridors: W. 38th Avenue, W. 44th Avenue, Sheridan Boulevard, Wadsworth Boulevard, Kipling Street and Youngfield Street. The City's suburban development pattern has created a diverse and eclectic character in the community. On the east side of Wheat Ridge development followed the traditional Denver urban grid pattern. The development pattern east of Wadsworth Boulevard is more dense and compact and the structures are older. As development moved west of Wadsworth, the pattern became more suburban with curved streets, cul -de -sacs and lower density development. Farther to the west, lower- density residential and agricultural uses remain. Historically, many of the City's commercial corridors were pleasant, tree - lined country lanes with smaller scale neighborhood- oriented retail shops. The proliferation of automobile travel as the main mode of transportation was at odds with creating pedestrian - friendly and pedestrian- oriented developments. The suburban development pattern moved buildings from the street edge and placed large parking lots between the building and street. Streets once characterized by small -scale buildings with intimate settings became disorganized streetscapes dominated by parking lots, over - scaled signs and under - utilized or non - existent sidewalks. Wheat Ridge's commercial corridors provide many benefits to the City and surrounding neighborhoods. These corridors serve as gateways into the City and establish the image of the City. They provide service, shopping, dining, cultural and entertainment opportunities for residents of the adjacent neighborhood, the city and the region. Business activity along these Figure 1.2 - The first Wheat Ridge post office, now preserved in the Wheat Ridge Historical Park Wheat Ridge Streetscape Design Manual Figure 1.1 - The Wheat Ridge float in a 1914 parade along an early Denver streetscape corridors provides a significant tax base for the City. Commercial corridors should help connect neighborhoods and add to a sense of community pride. Avenue This manual is intended to improve the design and appearance of major corridors within the City. Quality streetscapes are a vital component to a thriving community. The standards in this manual support the City's goals for transforming its commercial corridors into more pedestrian - friendly, lively streets lined with mixed -use development. 1.2 Purpose The purpose of the Wheat Ridge Streetscape Design Manual is to: • Promote high - quality streetscapes that contribute to the overall character and identity of the City • Promote multi-modal streets that encourage pedestrian use, enhance the public realm, and complement compact, mixed- use development patterns • Encourage the use of draught - tolerant, low -water plants that promote water conservation • Establish standards and guidelines for the streetscape design of all collector and arterial streets within the City of Wheat Ridge, with a particular focus on priority corridors identified in Chapter 2 • Create design standards and guidelines that are consistent with: 1. The City of Wheat Ridge Bicycle and Pedestrian Master Plan 2. The City of Wheat Ridge Comprehensive Plan, Envision Wheat Ridge 3. The zoning rules and regulations of the City of Wheat Ridge 4. The City of Wheat Ridge Parks and Recreation Master Plan Many of the design guidelines within this manual are based on the City's former Streetscape and Architectural Design Manual, adopted in 2001. This updated Streetscape Design Manual was developed to provide consistency with the updated Comprehensive Plan, adopted in 2009, and the Bicycle and Pedestrian Master Plan, adopted in 2010. 1.3 Applicability The standards and guidelines in this manual apply to: • Any new development along collector and arterial streets, identified in the Roadway Classification Map (Figure 1.14). This includes new development, redevelopment, and additions over 50 percent of the existing floor area. • Improvements to existing collectors and arterials. • The new construction of collectors, arterials, or any local street serving mixed use or commercial development. • Any City- funded street improvement project. This manual only applies to arterial and collector streets, as well as local streets serving mixed use or commercial development. It does not include any standards for semi -urban street typologies, which feature roadside 2 Wheat Ridge Streetscape Design Manual Figure 1.3 - Existing commercial streetscape on Wheat Ridge's W. 38th Figure 1.4 - The Streetscape Design Manual is intended to promote multi- modal streets that encourage use by pedestrians and bikers, as well as cars (W. 32nd Avenue in Wheat Ridge) ditches and often lack sidewalks. There are few existing semi -urban arterial or collector streets in the city, and the City intends to transition existing semi -urban cross- sections into urban cross - sections, which include curb, gutter and sidewalk. Where there is inadequate street right -of -way to construct the improvements required in this manual, the City shall have the right to obtain additional right -of -way or easements on private property to accommodate the improvements. 1.4 Procedures All new development or redevelopment meeting the criteria above in Section 1.3 Applicability shall submit a complete streetscape plan to the City for review. The streetscape plan shall be included with the application for either (1) Site Plan Review or (2) Building Permit Review, whichever occurs first. The streetscape plan shall include all necessary information to show compliance with the standards and guidelines within this document, including but not limited to: • Landscape plan showing all plantings in the streetscape area, with dimensions and spacing labeled. • Location plan showing all street furnishings, with dimensions and spacing labeled. • Lighting plan showing all existing and proposed lights, with dimensions and spacing labeled. • Utility plan, showing the location of all existing and proposed utilities in the streetscape. • Details and section drawings for any proposed tree vaults. • Cut sheets for all proposed lighting fixtures and street furnishings. As part of the Site Plan or Building Permit review, City staff will review all streetscape drawings for compliance with this document. The drawings will also be referred to utility companies for review and approval. Approval of the streetscape plan will be required prior to the final approval of the Site Plan or Building Permit application. The following items will also be required for submittal to the Public Works Department prior to the construction of any streetscape improvements: • For private improvements, a signed Development Covenant and maintenance agreement guaranteeing construction and perpetual maintenance, in a format approved by the Public Works Director. • For public improvements, a signed public improvement agreement or subdivision improvement agreement including a cash bond or letter of credit, in an amount approved by the Public Works Director and deemed by him /her to be sufficient to guarantee such construction. The subdivision improvement agreement and letter of credit shall be administered in the same manner as provided by the Code of Laws Section 26 -110 and cross references therein. Wheat Ridge Streetscape Design Manual 3 Figure 1.5 - Example of a hardscoped amenity zone, or the buffer between the sidewalk and roadway (Old South Gaylord Street in Denver) Figure 1.6 - Example of a landscaped amenity zone, or the buffer between the sidewalk and roadway, also called a tree lawn (W. 38th Ave in Wheat Ridge) Figure 1.7 - In most cases, required streetscape improvements from this manual can be designed to align with abutting properties that do not have similar improvements, as shown in the image above. I I v� I �I I �I I al 2 I �I °I VI �I aI Payment in Lieu of Construction of Improvements: in the event that the subject property is located such that the required streetscape improvements will not connect to a similar improvement on the same block, the applicant may request that the City accept payment of funds in lieu of constructions for all or portions of the streetscape improvements which would otherwise be required by this manual, which is authorized by Section 26 -224 of the Code of Laws. Such request shall be submitted to the Public Works Director in writing. In the event that the Public Works Director approves such a request, in whole or part, the applicant shall deposit with the City certified funds in the amount agreed by the Public Works Director as sufficient to construct the improvement. Upon such deposit, the City shall assume responsibility for construction and maintenance of such improvements. The funds deposited in escrow shall be held by the City exclusively for construction and maintenance of the Streetscape improvements, and shall be administered in the manner provided by Section 26 -110 of the Code of Laws and the cross references contained therein. The City may require right -of -way dedication and /or easements from within the development or re- development to accommodate future improvements. Public Right -of -Way (ROW) i i J I al 1 1 al of I; �I J al I I I I IOptionall5idewalklAmenityl I Amenity I Sidewalk I Optional I I Private I I Zone/ I I Zone/ I I Private I IAmenitYl I Buffer I I Buffer I I Amenity I I Zone I I I I I I I I Zone I I I I I I I I 4 1 V I I I I V 1 V ` Streetscape Roadway Streetscape Figure 1.8 - Common components of the street. 4 Wheat Ridge Streetscape Design Manual 1.5 Definitions There are several terms used regularly in this document, which are defined below on the following pages. Amenity Zone: the portion of the streetscape between the curb and the sidewalk, and also referred to as a "buffer." The amenity zone may be hardscaped or landscaped and provides a buffer between the sidewalk and parking or driving lanes on the street. Landscaped amenity zones may also be called "tree lawns." The amenity zone is the location for street lights, street trees, street amenities and furniture, bike racks, and utilities. Arterial Street: a roadway that serves high traffic volumes and provides access to regional destinations, economic centers, and freeway interchanges. Arterials typically have limited access points and are bordered by commercial land uses. Principal arterials serve high traffic volumes and provide access to regional destinations, economic centers, and highway interchanges. Examples of principal arterials in Wheat Ridge include Wadsworth Boulevard and Kipling Street. Minor arterials serve less traffic volume than principal arterials but still connect regional destinations. Examples of minor arterials in Wheat Ridge include Youngfield Street and W. 44th Avenue. Building Facade: the face, or outside wall, of a building. Collector Street: a roadway that serves moderate traffic volumes and primarily provides connections between neighborhoods and the arterial roadway system. Collectors may be bordered by commercial and /or residential land uses. Entry Walk: a paved walkway which extends from the sidewalk or building face to the street, providing a pedestrian route to on- street parking areas through a landscaped amenity zone. Hardscape: exterior surface areas covered with concrete, pavers, brick, stone, or a similar surface and not intended for vehicular use. Local Street: a roadway that serves low traffic volumes and is primarily used to gain access to the property bordering it. Private Amenity Zone: the portion of the streetscape between the sidewalk and the building face. This is an optional portion of the streetscape that is common in retail areas. The private amenity zone contains elements such as outdoor seating, planters, and cafe tables. Right -of -Way: the land area owned by the City that forms the public street. The right -of -way typically contains road improvements, utilities, sidewalks, amenity zones, landscaping, lighting and street furniture. Roadway: the portion of the street where vehicles, including cars and bicycles, travel. Wheat Ridge Streetscape Design Manual 5 Figure 1.9 - West 44th Avenue in Wheat Ridge is an example of a minor arterial street with four lanes Figure 1.10 - Example of an entry walk Figure 1.8 - Example of a "semi- urban" street with no curb, gutter or sidewalk (W. 29th Ave in Wheat Ridge) Semi -Urban Street: a street that does not have curb and gutter, but instead has a road -side ditch next to the roadway. This manual does not include standards or guidelines for semi -urban streets. For typical cross - sections of semi -urban street, see the Wheat Ridge Bicycle and Pedestrian Master Plan. Sidewalk: a paved walkway between the amenity zone and the building face, or between the amenity zone and a private amenity zone. Step -out Strips: also called landing walks, step -out strips are paved strips adjacent to the curb where landscaped amenity zones, or tree lawns, border on- street parallel parking. Step -out strips provide a way for people to enter and exit their car without damaging the landscaped area and are typically used in conjunction with entry walks. Streetscape: the general area between the curb and building face where pedestrian activity is concentrated. The streetscape area includes the sidewalk, amenity zone (landscaped or hardscaped), and the optional private amenity zone. Urban Street: a street that contains curb and gutter, rather than the semi - urban road -side ditch. All of the standards and guidelines in this manual apply to urban streets. Xeriscape: landscaping that utilizes low -water plants to promote water conservation. 1.6 Street Types Arterial Streets Arterial streets serve high traffic volumes, provide access to regional destinations, have limited access points, and are typically lined with commercial land uses. Principal arterials have the highest traffic volumes, while minor arterials serve lower volumes. The arterial streets in Wheat Ridge, as illustrated in the Roadway Classification Map (Figure 1.15), are: • Wadsworth Boulevard • Kipling Street • Ward Road • Sheridan Boulevard • Youngfield Street (minor arterial) • W. 38th Avenue (minor arterial west of Kipling Street) • W. 44th Avenue (minor arterial) • W. 32nd Avenue (minor arterial) • W. 26th Avenue (minor arterial) Arterial streets may have as many as five to six traffic lanes, including a center turn lane and /or center median. 6 Wheat Ridge Streetscape Design Manual Figure 1.11 - Example of an "urban" street with curb, gutter, and sidewalk (Harlan Street in Wheat Ridge) Figure 1.10 - Example of a step -out strip Collector Streets Collector streets serve moderate traffic volumes and primarily provide connections between neighborhoods and the arterial roadway system. The collector streets in Wheat Ridge, as illustrated in the Roadway Classification Map (Figure 1.15), are: • Tabor Street (north of W. 44th Ave) • Ridge Road • Miller Street (north of W. 48th Ave) • Independence Street (north of W. 48th Ave) • Garrison Street (north of W. 48th Ave) • Pierce Street (south of W. 44th Ave) • Harlan Street (north of W. 32nd Ave) • Marshall Street (between 1 -76 and Lamar Street) • Cabela Drive • W. 50th Avenue (between Ward Road and Independence) • W. 49th Avenue (between Kipling and Garrison) • W. 48th Avenue (between Lamar and Harlan) • W. 29th Avenue (between Wadsworth and Sheridan) Collector streets typically have two to three traffic lanes, including a center turn lane and /or center median. Local Streets Local streets serve low traffic volumes and typically have two lanes. Existing local streets in the City provide access to residential land uses and are not subject to the standards or guidelines in this manual. However, where new local streets are constructed to serve mixed use or commercial development, the requirements in this manual shall apply. Wheat Ridge Streetscape Design Manual 7 Figure 1.13 - Wadsworth Boulevard is an example of a five -lane principal arterial street in Wheat Ridge Figure 1.14 - Harlan Street is an example of a three -lane collector street in Wheat Ridge Wheat Ridge Streetscape Design Manual U b6 L 60TH AVE B RO U p 61ST AVE 60TH AVE v i 0TH AVE z ~ t �, I— I I t OKS pR p W ' 60TH AVE p z O 59TH PL U _ m 59TH PL W I— W i - U rn 59TH DR > z m w LL w U 59TH AVE U � Q 5 9TH AV E n J w W z PL a Z m p¢ z Q 58TH PL S BT a ¢ 58TH 58TH AVE 00 Z 1� Q t�2 _ ~ w 58TH AV U 57TH PL pC U 58TH AVE ¢ } Rl LL Oy 57TH AV O Y z m 57TH AVE > w ,,`� I ON R O x t- ,6TH D ( - Z 9 O 56TH PL 5 6TH P L GRANDVIEW AVE O DR rn I- 56TH AVE =O 56TH DR 55TH -Q7 I-- REN z to RENO DR >. 54TH L ? w 55TH AVE 54TH AVE 54TH DR V 54TH PL i - S ZH P << 6� 547H A O v O �Fy 54TH AV co J 54TH AVE Z 0 53 j -' j a r` LL 53RD AV— S �'QO U w g 53RD AVE �yl 53RD AVE W z 1 O _ qL > U�0 O p co V I D z 52ND AVE a l Q GE RD (n W V 52ND AV j�W z 0 U m m O x Z I C7 w 1 Y } 51 ST AV F- I Z I 50TH PL F - J j = -�..�. m 51 ST AVE N 1 fn 05 . j a Q ao,� -• —•• I PvE p �P Q 50TH AVE Cn LLL - -1Q9 PVR Q m Q Y � 49TH AVE 49TH PL ��0�00 170 ON EB RAINp 49TH AVE Z z -.. ~ p a O 170.EB.HWY� 170 RAMP n I ���0 \�� '� P g Q �.•• .i �r 48TH AVE 48TH AVE 0 p x FRONTAGE RD 170. 47TH PL Z JO W j 47TH AVE 47TH PL 47TH AVE = 1 170 OFF WB RAMP I C U 47TH AVE 46TH PL OR �..� I 2 46TH AVE I— J 45TH AVE W R 6'(`l` P R ! 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U 31 ST AVE mJ U O O 31ST PL to ~ V �`!r 1P I W Z 30TH PL l c7 = 307H AVE 30TH DR 2 p P Qv C, m Q Q J Q g Q �5� 9�� 28 �..l O� >I a 29TH AVE Q Cl) U z BERRY Rp RAUN RD T T yQL p� 28TH AVE Z ' IF 28TH AVE C ' .-� 27TH PL r7 Z ■ — F RABgPp RD Cnn 27TH AVE 27TH DR W y - rv� T HAVE u cn (n w � Rp Q�. J 26TH AVE 26TH PL �— 26TH AVE U \ w a LL (n O� o 1 t- 25 (� E W aNO v 25TH AVE w W ryh Z C7 Z � 25TH AVE W z U 1 2 4 , TH P L 23RD PL �- cn g Q v� N = m OP ~ g U 23RD AVE F- 24TH AVE = W O Q - O t x 23RD AVE O U Q 2j �V >- �O = O� W A U W = O m W 22ND AVE , 22ND AVE 37r, Q $ �� 21STAVE �O� I- > a U 21 ST AVE 21ST AVE J 2 J� F- v U �_ 20TH AVE W Ir p f- 20TH AVE _ w Z m 19TH P� a z ��� J W j U 19TH AVE / h�'�° x cn 18TH AVE W L U Cl) O 19TH AVE I \ Q JP Nti 3 9� 17TH PL it p C7 W /q 18TH DR O - 17TH AVE PRIVATE z Q� SJ = 17TH AVE 16TH PL o Figure 1.15 City of Wheat Ridge Roadway Classifications LEGEND Collector Minor Arterial Principal Arterial �_ City of Wheat Ridge Boundary 2,000 0 2,000 4,000 Feet State Plane Coordinate Projection Colorado Central Zone Datum: NAD83 DISCLAIMER NOTICE This is a pictorial representation of geographic and demographic information. Reliance upon the accuracy, reliability and authority of this information is solely requestor's responsibility. The City of Wheat Ridge, in Jefferson County, Colorado - a political subdivision of the State of Colorado, has compiled for its use certain computerized information. This information is available to assist in identifying general areas of concern only. The computerized information provided should only be relied upon with corroboration of the methods, assumptions, and results by a qualified independent source. The user of this information shall indemnify and hold free the City of Wheat Ridge from any and all liabilities, damages, lawsuits, and causes of action that result as a consequence of his reliance on information provided herein. City of W heatRdge DATE: 09/09/2010 CHAPTER 2 - PRIORITY CORRIDORS The purpose of this chapter is to establish design goals, standards, and guidelines for key corridors in Wheat Ridge. Chapter 3 outlines design standards and guidelines that apply generally to all streets. This chapter supplements Chapter 3 by creating additional goals for the most important streets in the City. These streets, identified in the Priority Corridor Map (Figure 2.1), represent those corridors where mixed use and commercial development is most likely to occur based on the City's adopted plans. Priority corridors deserve well- designed streetscape improvements that exceed the minimum standards established in Chapter 3. Applicants should first refer to this chapter in order to understand the vision and requirements for specific corridors, and then to the general standards and guidelines in Chapter 3. The priority corridors are consistent with the corridors identified in the Comprehensive Plan, Envision Wheat Ridge, and include the following streets: • W. 38th Avenue between Sheridan and Wadsworth • Wadsworth Boulevard between W. 32nd Ave and 1 -70, with a mixed use town center between W. 38th Ave and W. 44th Ave • Kipling Street between W. 35th Ave and W. 51st Place • W. 44th Avenue between Harlan and Wadsworth and between Everett and 1 -70 • Youngfield Street between W. 32nd Ave and Highway 58 • Streets with the future Transit - Oriented Development (TOD) at Ward Road Station Please note that Harlan Street, north of 38th Avenue, is also a priority commercial corridor for Wheat Ridge. However, this street already contains cohesive streetscape improvements, installed by the City in 2001, and thus it is not included in this chapter. For each priority corridor, design goals outline the vision for the character and quality of the streetscape design. The goals are followed by design standards and guidelines that help to ensure the vision is met. Design Standards are objective criteria that require compliance. Standards often utilize the term "shall" and must be followed unless there is a unique condition or hardship that prevents their application. Design standards are underlined Design Guidelines are criteria that are strongly recommended, and should be followed wherever feasible. Guidelines often use the terms "should" or "encouraged." For any priority corridor, where bus stop benches are required, bus shelters may be permitted as an alternative, given appropriate ridership levels and approval by the Department of Public Works. Wheat Ridge Streetscape Design Manual q Figure 2.2 - Existing streetscape improvements on W. 38th Ave between Sheridan and Harlan 2.1 West 38th Avenue W. 38th Avenue between Sheridan and Wadsworth is envisioned as a vibrant, pedestrian - friendly street lined with a mix of uses. Its history, central location, and unique mix of businesses make it a special destination. Envision Wheat Ridge designates the street as a main street corridor, calling for neighborhood- oriented retail and mixed -use development along the street. The Bicycle- Pedestrian Master Plan recommends a full sidewalk and amenity zone for the corridor as well as a shared on- street bicycle facility. The City will begin a Corridor Plan for W. 38th Avenue in 2011. Recommendations within the completed plan for roadway and streetscape improvements will guide future amendments to the requirements for W. 38th Avenue in this manual. The City completed significant streetscape improvements to W. 38th Avenue, between Sheridan and Harlan, in 2002. However, there are large portions of the street west of Harlan that lack adequate sidewalks or amenity zones. The following goals, standards, and guidelines shall apply to any new streetscape improvements on W. 38th Avenue between Wadsworth and Harlan (the area labeled 1.a on Figure 2.1). Design Goals • Establish a high - quality streetscape that complements the vision for W. 38th Avenue to become a primary destination within the City. • Create a vibrant streetscape environment that prioritizes the pedestrian and forms a cohesive image for the corridor. • Establish high - quality sidewalks with enhanced paving patterns and materials. • Provide a public amenity zone with enhanced streetscape amenities including street trees, plantings, and benches that are compatible with the character of the existing streetscape amenities on W. 38th Avenue between Harlan and Sheridan. Design Standards and Guidelines A. Sidewalk width: the streetscape on W. 38th Avenue shall include a sidewalk at least 8 feet wide B. Public amenity zone width: the streetscape on W. 38th Avenue shall include a public amenity zone at least 6 feet wide between the sidewalk and roadway. C. Public amenity zone design: the public amenity zone shall be landscaped, except where adiacent to on- street parking. where hardscape amenity zones are encouraged. Landscaping may include ornamental grasses and /or groundcover and should incorporate low -water use plants. Any hardscaped amenity zone shall be distinguished from the sidewalk through the use of textures, integral color, or scoring patterns. Pavers or flagstone should be used in combination with the concrete to provide interesting patterns and to enhance the amenity zone's design. D. Private amenity zones: where sidewalks are adjacent to 10 Wheat Ridge Streetscape Design Manual Figure 2.3 - Example of the sidewalk on W. 38th Ave west of Harlan, where there are no streetscape enhancements Figure 2.4 - This streetscape in Old Town Arvada represents the type of high - quality, pedestrian friendly atmosphere that is envisioned for W. 38th Ave Figure 2.5 - The standard metal bench and trash can to be utilized on W. 38th Avenue, including at bus stops Not to scale Figure 2.1 Streetscape Design Manual Priority Corridors W. 38th Ave between Sheridan and Wadsworth la W. 38th Ave: future streetscape improvement area (west of Harlan) 2 Wadsworth between W. 32nd Ave and 1 -70 2a Wadsworth between W. 38th Ave and W. 44th Ave (mixed use town center) 3 Kipling between W. 35th Ave and W. 51 st Place 4a W. 44th Ave between Harlan and Ammons 4b W. 44th Ave between Everett and 1 -70 5 Youngfield between W. 32nd Ave and Highway 58 6 Future Transit - Oriented Development (TOD) Note: numbers are for labelinig purposes only and do not indicate rankings or priority levels City of W heat Midge 1■■_ l■_■■_■■_ i •■1 i 1 ■■_■■_■■_■■_■� j 1 Go, i c ■_■.�■■� 6 1 1 I 50TH PL i .. . st N 1 i •••• 1 �.._.._.._. Cr :Lee ! 0 w••■• ■■j ! •.ir._..� , i ! m j 1 1 0 ;.s Q �! z! "r 4b 44TH AVE 2 i ••'• •••��� Q 1 3 •.. HIGHWAY 58 �•,� ' ,POGO.; Cam j 1 1 38TH AVE n = !T - G' m — o : J " 1 u� Cr z ! Ln_.■_ LL- V) 0 0 - p 1 t z. ■■` _ J C W 1 . 0 >- a Q Y 32ND AVE = Ln j 1 •� 1 i - �•• i 26TH AVE • R � � 1 ■.1 Not to scale Figure 2.1 Streetscape Design Manual Priority Corridors W. 38th Ave between Sheridan and Wadsworth la W. 38th Ave: future streetscape improvement area (west of Harlan) 2 Wadsworth between W. 32nd Ave and 1 -70 2a Wadsworth between W. 38th Ave and W. 44th Ave (mixed use town center) 3 Kipling between W. 35th Ave and W. 51 st Place 4a W. 44th Ave between Harlan and Ammons 4b W. 44th Ave between Everett and 1 -70 5 Youngfield between W. 32nd Ave and Highway 58 6 Future Transit - Oriented Development (TOD) Note: numbers are for labelinig purposes only and do not indicate rankings or priority levels City of W heat Midge buildings with restaurant or retail uses, private amenity zones with additional pedestrian amenities and outdoor seating areas are encouraged. Where sidewalks abut parking lots, landscaped private amenity zones are encouraged to help buffer the pedestrian realm from the parking area. E. Street trees: street trees shall be planted in the public amenity zone at a minimum spacing of 35 feet on center. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: metal benches, consistent with the design of the existing metal benches within the W. 38th Avenue streetscape (Figure 2.5), shall be provided at a minimum spacing of one bench per every 150 feet, per each side of the street. Where bus stops contain an existing vendor/ advertising bench, that bench shall be replaced with the standard metal bench (Figure 2.5). Except at bus stops, benches may be placed in the private amenity zone, subject to approval by the Community Development and Public Works Departments. Additional seating areas within the streetscape, especially near corners and areas with high pedestrian traffic, are encouraged. G. Trash receptacles: next to each bench, including those at bus stops, a metal trash receptacle that is consistent with the design of the existing trash containers on W. 38th Avenue (Figure 2.5) shall be provided. H. Planters and pots: planters and pots with flowers should be incorporated into the private or public amenity zone, especially near benches and within hardscaped public amenity zones. I. Gateway markers and banners: banners and gateway markers that identify and brand the W. 38th Avenue corridor are encouraged. Pedestrian lights should include brackets that may be used to hang banners. J. Pedestrian lighting: the existing acorn -style pedestrian lights on W. 38th Ave west of Harlan Street (Figure 2.6) shall be relocated or replaced so that they are regularly spaced at 65 feet on center within the public amenity zone. Variations in spacing may be allowed due to existing obstructions, utility boxes, or other constraints. Existing light fixtures should be replaced with an acorn fixture with shielding to prevent light pollution, subject to approval by Xcel and the Department of Public Works. 2.2 Wadsworth Boulevard Wadsworth Boulevard is a primary commercial arterial that forms an important north -south connection within the City. The street carries high traffic volumes and is a state highway controlled by the Colorado Figure 2.6 - Typical section for streetscape improvements on W. 38th Avenue between Harlan and Wadsworth Wheat Ridge Streetscape Design Manual I U IVIII I I U IVIIII Public Sidewalk Amenity Zone Figure 2.7 - Example of existing acorn pedestrian lights on W. 38th Avenue, between Harlan and Wadsworth Department of Transportation (CDOT). Today, the street lacks sidewalks in many locations and nearly the entire corridor lacks an amenity zone. Envision Wheat Ridge and the Wadsworth Corridor Subarea Plan (2007) create a vision for Wadsworth to be redeveloped into a mixed -use, multi- modal corridor with pedestrian and streetscape improvements. The portion of the corridor between W. 38th Ave and W. 44th Ave is intended to become a mixed use town center for Wheat Ridge. The Wadsworth Corridor Subarea Plan proposes three alternate cross sections for Wadsworth between W. 26th Avenue and W. 48th Avenue that recognize CDOT's long -term plans to widen the street, potentially up to a total right -of -way width of 150 feet. The Bicycle and Pedestrian Master Plan identifies Wadsworth for pedestrian and bicycle improvements, off- and on- street bike facilities. The future design of Wadsworth has not been finalized. However, future streetscape improvements between on Wadsworth between W. 32nd Avenue and shall meet the following goals, standards, and guidelines. Design Goals • Create a streetscape with an attractive sidewalk and high - quality public amenity zone to buffer pedestrians from vehicular traffic. • Incorporate street trees, plantings, pedestrian lights, seating, gateway markers, and other amenities into the public amenity zone that can help identify the corridor as well as distinguish the pedestrian environment from the roadway. • Provide pedestrian connections to adjacent and intersecting local streets that serve the future mixed use town center. Design Standards and Guidelines A. Sidewalk width: the streetscape on Wadsworth shall include a sidewalk at least 10 feet wide B. Public amenity zone width: the streetscape on Wadsworth shall include a public amenity zone at least 6 feet wide between the sidewalk and roadway. C. Public amenity zone design: the public amenity zone shall be landscaped Landscaping may include ornamental grasses and /or groundcover and should incorporate low -water use plants. D. Private amenity zones: where sidewalks are adjacent to buildings with restaurant or retail uses, private amenity zones with additional pedestrian amenities and outdoor seating areas are encouraged. Where sidewalks abut parking lots, landscaped private amenity zones are encouraged to help buffer the pedestrian realm from the parking area. E. Street trees: street trees shall be planted at a minimum of 35 feet on center. Due to the planned widening of the Wadsworth right -of -way, street trees should be planted in the expected location of the future public amenity zone, based on a future right -of -way width of 150 feet. 2 Wheat Ridge Streetscape Design Manual Figure 2.7 - Example of the existing streetscape environment on Wadsworth Figure 2.8 - This street in Toronto demonstrates the wide sidewalk and quality public amenity zone that is envisioned for Wadsworth, especially in the Town Center Area This location shall be approved by Department of Public Works. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: At least one bench shall be provided at each bus stop on Wadsworth. Where bus stops contain an existing vendor /advertising bench, that bench shall be replaced with the standard metal bench (Figure 2.5). Within the mixed use town center area, between W. 38th Ave and W. 44th Ave, additional benches shall be provided at a minimum spacing of one bench per every 300 feet, per each side of the street. Except at bus stops, benches may be located in the private amenity zone, subject to the approval of the Community Development and Public Works Departments. G. Trash receptacles: next to each bench, including those at bus stops, a metal trash receptacle shall be provided. H. Gateway markers and banners: banners and gateway markers that identify and brand the mixed use town center area between W. 38th Ave and W. 44th Ave are encouraged. New pedestrian lights should include brackets that may be used to hang banners. I. Pedestrian lighting: pedestrian lights shall be provided at a spacing of 80 feet on center. Due to the planned widening of the Wadsworth right -of -way, pedestrian lights should be placed in the expected location of the future public amenity zone, based on a future right -of -way width of 150 feet. This location shall be approved by Department of Public Works. Variations in spacing may be allowed due to existing obstructions, utility boxes, or other constraints I I I Existing ROW Width J j :. I I� (Varies) o O Id I I to IC I I Figure 2.9 (below) - The image on the left shows a typical cross section for how streetscape improvements may be made to the existing ROW width on Wadsworth so that the street trees and pedestrian lights are in the location of the future amenity zone. The image on the right depicts the desired streetscape section after the planned widening of the corridor. Future p50'ROW Width QJ 0 la n 10' Min i 6' Min i 10' Min* 6' Min* i = Area to I 10' Min i 6' Min Future I Future I I Public I be removed I I Pu b lic Sidewalk IAZoneyl Sidewalk I Amenityl when I Sidewalk I Amenity l Location ILocationl 1 Zone l roadway is I I Zone i i A I widened I I I * The sidewalk and public amenity zone should be a minimum of 10 feet and 6 feet respectively where possible. However, anticipating the future widening of Wadsworth, Public Works and Community Development may approve narrower widths so that the street trees and future amenity zone are located in the correct location based on the planned future width of the street. Wheat Ridge Streetscape Design Manual 13 2.3 Kipling Street Figure 2.10 - Existing bench and trash receptacle at a bus stop on Kipling. This is the standard metal bench and trash can that should be used at all bus stops Kipling is a primary commercial arterial located in the center of Wheat Ridge. It carries high traffic volumes and is a state highway controlled by the Colorado Department of Transportation (CDOT). Today, significant portions of the corridor do not have a sidewalk and there is no amenity zone along the street. Envision Wheat Ridge identifies this corridor as a priority area for commercial and mixed -use redevelopment. Recommendations include adding pedestrian improvements and a multi-use trail along the east side of the street. The Bicycle- Pedestrian Master Plan also recommends potential on- street bike facilities as part of future improvements to the corridor. Future streetscape improvements along Kipling between W. 35th Ave and W. 51st Place must comply with the below goals, standards, and guidelines. Design Goals • Create a streetscape with an attractive sidewalk and high - quality public amenity zone to buffer pedestrians from vehicular traffic. • Incorporate street trees a pedestrian lighting within the public amenity zone to enhance the image of the street and to help separate the sidewalk from the roadway. • Provide pedestrian connections to adjacent and intersecting local streets that serve future development. Design Standards and Guidelines A. Sidewalk width: the sidewalk on the west side of Kipling shall be at least 6 feet in width. The sidewalk on the east side of Kipling shall be at least 10 feet in width. B. Public amenity zone width: the streetscape on Kipling shall include _a public amenity zone at least 6 feet wide between the sidewalk and roadway. C. Public amenity zone design: the public amenity zone shall be landscaped. Landscaping may include ornamental grasses and /or groundcover and should incorporate low -water use plants. D. Private amenity zones: where sidewalks are adjacent to buildings with restaurant or retail uses, private amenity zones with additional pedestrian amenities and outdoor seating areas are encouraged. Where sidewalks abut parking lots, landscaped private amenity zones are encouraged to help buffer the pedestrian realm from the parking area. E. Street trees: street trees shall be planted in the public amenity zone at a minimum spacing of 35 feet on center. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: At least one bench shall be provided at each bus stop on Kipling. Where bus stops contain an existing vendor/ advertising bench, that bench shall be replaced with the standard metal bench (Figure 2.10). 14 Wheat Ridge Streetscape Design Manual Figure 2.11 - Existing acorn -style pedestrian lights on Kipling G. Trash receptacles: next to each bench, a metal trash receptacle shall be provided. H. Pedestrian lighting: pedestrian lights shall be provided at a spacing of 80 feet on center within the public amenitv zone. Variations in spacing may be allowed due to existing obstructions, utility boxes, or other constraints. The existing acorn -style pedestrian lights on Kipling north of W. 44th Ave should be relocated or replaced within the landscaped public amenity zone. Existing light fixtures should be replaced with an acorn fixture with shielding to prevent light pollution, subject to approval by Xcel and the Department of Public Works. Figure 2.12 - The image on the left shows the typical streetscape section for Kipling on the east side of the street. The image on the right shows the typical section on the west side of the street. 2.4 West 44th Avenue W. 44th Avenue is an important east -west route through Wheat Ridge. It is a minor arterial lined with commercial and residential uses. Envision Wheat Ridge identifies most of this corridor (between Harlan Street and Ammons Street and between Everett Street and 1 -70 on the west end of town) as a neighborhood commercial corridor that is appropriate for commercial and mixed -use redevelopment. The Bicycle- Pedestrian Master Plan calls for a bike lane along the street between Harlan and Kipling. The existing streetscape on W. 44th Avenue varies. In many locations the street has a 4 foot wide sidewalk with a narrow hardscape amenity zone (typically 3 to 4 feet wide) with no street trees or street furniture. Future improvements to the corridor between Harlan Street and Ammons Street and between Everett Street and 1 -70 must comply with the following goals, standards, and guidelines. Wheat Ridge Streetscape Design Manual 15 i v ivw i 1 o rvin i Sidewalk/ I Public I Multi -Use IAmenityl I Trail 1 Zone I Public ISidewalklAmenity I I Zone I Figure 2.13 - Example of existing streetscape environment on W. 44th Avenue I Design Goals • Create a streetscape with an attractive sidewalk and high - quality public amenity zone to buffer pedestrians from vehicular traffic. • Incorporate street trees and pedestrian lighting within the public amenity zone to enhance the image of the street and to help separate the sidewalk from the roadway. Design Standards and Guidelines A. Sidewalk width: the streetscape on W. 44th Avenue shall include a sidewalk at least 6 feet in width. B. Public amenity zone width: the streetscape on W. 44th Avenue shall include a public amenity zone at least 6 feet wide. C. Public amenity zone design: the public amenity zone shall be landscaped. Landscaping may include ornamental grasses and /or groundcover and should incorporate low -water use Figure 2.14 - Typical streetscape section for W. 44th Avenue plants. D. Private amenity zones: where sidewalks are adjacent to buildings with restaurant or retail uses, private amenity zones with additional pedestrian amenities and outdoor seating areas are encouraged. Where sidewalks abut parking lots, landscaped private amenity zones are encouraged to help buffer the pedestrian realm from the parking area. E. Street trees: street trees shall be planted in the public amenity zone at a minimum spacing of 35 feet on center. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: At least one bench shall be provided at each bus stop on W. 44th Ave. Where bus stops contain an existing vendor /advertising bench, that bench shall be replaced with the standard metal bench (Figure 2.11). G. Trash receptacles: next to each bench, a metal trash receptacle shall be provided. H. Pedestrian lighting: pedestrian lights shall be provided at a spacing of 80 feet on center within the public amenity zone. Variations in spacing may be allowed due to existing obstructions, utility boxes, or other constraints. 2.5 Youngfield Street Youngfield is a primary commercial arterial that runs along the western edge of Wheat Ridge. The street is bordered by an 1 -70 immediately to the west and provides access to a large commercial development on the east. Today, most of the street has a 4 foot wide sidewalk along the east side only with no amenity zone, street trees, or street furniture. Envision Wheat Ridge highlights Youngfield as a primary commercial corridor and recommends adding on- street bicycle facilities. The Bicycle- Pedestrian Master Plan also recommends an on- street bike facility and multi-use trail along the east side 16 Wheat Ridge Streetscape Design Manual ' U ("I I I U IVIll I Public ISidewalkiAmenity Zone Figure 2.15 - Example of existing sidewalk with no amenity zone on the east side of Youngfield of the street to connect with the Clear Creek Trail. Future improvements to the Youngfield streetscape, on the east side of the street only, must match the goals, standards, and guidelines outlined below. For the portion of Youngfield north of W. 42nd Ave, which will be realigned under CDOT's 1 -70 State Highway 58 Interchange project, the following requirements shall not apply until the realignment is complete. Design Goals • Create a streetscape with an attractive sidewalk and high - quality public amenity zone to buffer pedestrians from vehicular traffic. • Incorporate street trees and pedestrian lighting within the public amenity zone to enhance the image of the street and to help separate the sidewalk from the roadway. Design Standards and Guidelines A. Sidewalk width: the streetscape on Youngfield shall include a sidewalk at least 10 feet in width. B. Public amenity zone width: the streetscape on Youngfield shall include a public amenity zone at least 6 feet wide. C. Public amenity zone design: the public amenity zone shall be landscaped. Landscaping may include ornamental grasses and /or groundcover and should incorporate low -water use plants. D. Private amenity zones: where sidewalks are adjacent to buildings with restaurant or retail uses, private amenity zones with additional pedestrian amenities and outdoor seating areas are encouraged. Where sidewalks abut parking lots, landscaped private amenity zones are encouraged to help buffer the pedestrian realm from the parking area. E. Street trees: street trees shall be planted in the public amenity zone at a minimum spacing of 35 feet on center. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: At least one bench shall be provided at each bus stop on Youngfield Street. Where bus stops contain an existing vendor /advertising bench, that bench shall be replaced with the standard metal bench (Figure 2.11). G. Trash receptacles: next to each bench, a metal trash receptacle shall be provided. H. Pedestrian lighting: pedestrian lights shall be provided at a spacing of 80 feet on center within the public amenity zone. Variations in spacing may be allowed due to existing obstructions, utility boxes, or other constraints. 2.6 Transit - Oriented Development Area This priority area encompasses a 1/4 mile radius around the future Ward Road commuter rail station at the end of the Regional Transportation Figure 2.16 - Typical streetscope section for Youngfield Street Wheat Ridge Streetscape Design Manual 17 I I V M11 I I V M I I Sidewalk/ I Pubic Multi -Use (Amenity, Trail I Zone I Districts (RTD's) Gold Line rail corridor. The station's proposed location near Ward Road and W. 50th Place is a largely industrial area where there are few improved streets. The City's plans for the area, including the Northwest Subarea Plan (2006) and Envision Wheat Ridge, call for transit - oriented development (TOD) that will support transit ridership, incorporate compact development with a mix of uses, and promote pedestrian and bicycle connectivity. Recommendations for future TOD include the construction of a new complete streets, as well as upgrades to existing streets such as W. 50th Place, so that the entire street network promotes a quality pedestrian environment. Figure 2.17 - A typical street section for commercial and mixed use streets in the planned TOD area Figure 2.18 - E. 29th Avenue in Denver demonstrates the character of streetscape envisioned for streets serving commercial and mixed use development at the future TOD area In accordance with the Northwest Subarea Plan, the majority of the streets in the TOD area will include on- street parking, especially where adjacent to retail, commercial, and mixed -use development. In order to promote connections to the commuter rail station, the Bicycle- Pedestrian Master Plan calls for the addition of bicycle lanes on Tabor Street and Ridge Road, as well as an improved sidewalk and amenity zone on Ward Road. The streets that are part of the TOD area (anywhere within 1/4 mile of the station) are divided into two types: (1) Commercial /mixed -use streets: this category includes any street within the TOD area that serves commercial or mixed -use development (2) Residential streets: this category includes any street within the TOD area that serves primarily residential development Any new street and all streetscape improvements to existing streets within the TOD area must comply with the following design goals, standards, and guidelines. Commercial/Mixed -Use Streets Design Goals • Create a vibrant streetscape environment that focuses on the pedestrian and complements the vision for a walkable, mixed -use transit village. • Provide high - quality sidewalks with ample width and enhanced paving materials and patterns. • Incorporate a public amenity zone with enhanced streetscape amenities including street trees, plantings, benches, and pedestrian lighting that form a cohesive image for the TOD area. Design Standards and Guidelines A. Sidewalk width: sidewalks shall be a minimum of 8 feet wide On streets with significant retail development, a 10 foot minimum width is preferred. B. Public amenity zone width: all streetscapes in the TOD area shall include a public amenity zone at least 6 feet wide between the sidewalk and roadway. C. Public amenity zone design: the public amenity zone 8 Wheat Ridge Streetscape Design Manual 0 IVIIII I 0 JV11II I Public I Sidewalk (Amenity, I Zone I may be landscaped or hardscaped. Landscaping may include ornamental grasses and /or groundcover and should incorporate low -water use plants. Where adjacent to on- street parking, hardscaped amenity zones are preferred. Any hardscaped amenity zone shall be distinguished from the sidewalk through the use of textures, integral color, or scoring patterns. Pavers or flagstone should be used in combination with the concrete to provide interesting patterns and to enhance the amenity zone's design. D. Private amenity zones: private amenity zones that provide outdoor seating areas are encouraged. Where possible, private amenity zones should be utilized to provide additional pedestrian amenities, such as benches or planters. E. Street trees: street trees shall be planted in the public amenity zone at a minimum spacing of 30 feet on center. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: benches shall be provided at a minimum spacing of one bench per every 150 feet, per each side of the street. Except at bus stops, benches may be located in the private amenity zone subject to approval by the Community Development and Public Works Departments. Additional seating areas within the streetscape, especially near corners and areas with high pedestrian traffic, are encouraged. G. Trash receptacles: next to each bench, a metal trash receptacle that is consistent with the design of the bench shall be provided. H. Planters and pots: planters and pots with flowers should be incorporated into the private or public amenity zone, especially near benches and where hardscaped public amenity zones are provided. I. Gateway markers and banners: banners and gateway markers that identify and brand the TOD area are encouraged. New pedestrian lights should include brackets that may be used to hang banners. J. Pedestrian lighting: regularly- spaced pedestrian lights, generally placed 65 feet on center, shall be provided in the public amenity zone. Pedestrian light spacing may vary based on existing constraints and obstructions. Residential Streets Design Goals • Create a quality streetscape environment that is oriented around the pedestrian and enhances the quality and character of the neighborhood • Incorporate a public amenity zone with streetscape amenities including street trees, plantings, and pedestrian lighting that contributes to a quality, cohesive image for the residential street. Figure 2.20 - A typical street section for residential streets in the planned TOD area Wheat Ridge Streetscape Design Manual 19 Figure 2.19 - An example of a public amenity zone that incorporates hordscape next to on- street parking, as well as landscaped areas for street trees o Will 1 l o Will i 1 Public ISidewalkl I ( Amenity I I Zone I Design Standards and Guidelines Figure 2.21 - example of a residential street with a landscaped public amenity zone that includes street trees and pedestrian lighting streets at the future A. Sidewalk width: sidewalks shall be a minimum of 6 feet wide B. Public amenity zone width: all streetscapes in the TOD area shall include a public amenity zone at least 6 feet wide between the sidewalk and roadway. C. Public amenity zone design: the public amenity zone shall be landscaped. Landscaping may include ornamental grasses and/ or groundcover and should incorporate low -water use plants. D. Private amenity zones: private amenity zones that provide outdoor seating areas are encouraged. Where possible, private amenity zones should be utilized to provide additional pedestrian amenities, such as benches or planters. E. Street trees: street trees shall be planted in the public amenity zone at a minimum spacing of 35 feet on center. Variations in spacing may be allowed due to existing obstructions, special conditions, and the expected mature size of the tree. F. Benches: benches shall be provided at a minimum spacing of one bench per every 200 feet, per each side of the street. Except at bus stops, benches may be located in the private amenity zone subject to approval by the Community Development and Public Works Departments. G. Trash receptacles: next to each bench, a metal trash receptacle that is consistent with the design of the bench shall be provided. I Pedestrian lighting: regularly- spaced pedestrian lights, generally placed 80 feet on center, shall be provided in the public amenity zone. Pedestrian light spacing may vary based on existing constraints and obstructions. 20 Wheat Ridge Streetscape Design Manual Figure 2.22 - this landscaped public amenity zone incorporates low -water use plants, which is encouraged for the CHAPTER 3 - DESIGN STANDARDS & GUIDELINES This chapter establishes general design standards and guidelines for streetscape design elements. Design Standards are objective criteria that require compliance. Standards often utilize the term "shall" and must be followed unless there is a unique condition or hardship that prevents their application. Design standards are underlined Design Guidelines are criteria that are strongly recommended, and should be followed wherever feasible. Guidelines often use the terms "should" or "encouraged." 3.1 Sidewalks Sidewalks are an essential element for providing safe pedestrian access along streets. Sidewalks are paved surfaces that provide a clear walking path for pedestrians. Width A. Sidewalks shall be at least 6 feet wide Sidewalks less than the minimum required width may be allowed, subject to approval of the Public Works Department. B. Where right -of -way width allows, sidewalks 8 to 10 feet in width may be required on streets with high levels of pedestrian activity. Paving A. Sidewalks shall be paved Concrete is the most common and appropriate paving system for sidewalks. Other appropriate materials include flagstone, concrete unit pavers, and brick pavers. Pavers or flagstone, used in combination with concrete, can provide interesting patterns which can emphasize a particular area along the sidewalk. B. Concrete unit pavers or brick pavers are preferred over the use of patterned concrete. C. Concrete should be at least 4 inches thick and meet City standards for concrete mix, finishing, curing, and sealing. D. Integral concrete color systems are acceptable for use in sidewalks. Select subtle earth tones, not bright colors, when using integral concrete colors. E. Scoring and expansion joints should be spaced uniformly along the length of the sidewalk. F. Brick pavers shall be specifically designed for sidewalk use according to City specifications. G. Interlocking concrete pavers and precast concrete pavers may be installed on a sand base or a concrete slab and should meet City specifications. H. Flagstone pavers are most appropriate in historic areas. They can be laid on a sand base with sand joints or on a concrete base with mortared joints. Figure 3.1 - The sidewalk is the paved walking path, typically located between the amenity zone/ buffer and the building Wheat Ridge Streetscape Design Manual 21 I Sidewalk Amenityl Roadway I I Zone/ I I Buffer I I I Figure 3.3 - Example of a concrete sidewalk Figure 3.2 - Example of a sidewalk with pavers 3.2 Amenity Zones Figure 3.4 - The amenity zone, or buffer, is the area between the sidewalk and the roadway The amenity zone is the area between the curb and the sidewalk. It provides a buffer between the roadway and the area where pedestrians travel. Amenity zones may be landscaped - often called a "tree lawn" - or hardscaped. The amenity zone is the location for street amenities, including plants, trees, furniture, and lights, as well as utilities. Hardscaped amenity zones are most appropriate for retail districts, especially those with higher pedestrian traffic and where on- street parking is provided. Some streetscapes, especially in retail areas, may incorporate a private amenity zone, which is located between the building face and the sidewalk. This area provides outdoor seating opportunities and can add significantly to the pedestrian experience. Width A. Amenity zones shall be at least 6 feet wide. Amenity zones less than the minimum required width may be allowed, subject to approval of the Public Works Department. Landscaped Amenity Zones A. Landscaped amenitv zones shall be planted with low groundcover plantings, ornamental grasses, or turfgrass, as well as regularly- spaced street trees. Landscaped amenity zones shall contain uniform street furnishings, including benches or other seating areas. B. Where trees are planted, a 5 foot minimum width is required In certain circumstances, where space is limited, a narrower width may be approved. Please refer to Section 2.3 Street Trees for further guidelines about appropriate planting area widths and soil volumes. C. Where the width needed for trees is not available, shrubs may be used. D. Entry walks, which provide a paved pedestrian route from the sidewalk to the curb, are an appropriate feature for landscaped amenity zones. They should be 3 to 5 feet in width and may be constructed of concrete, concrete pavers, flagstone, or brick. Entry walks are highly encouraged where on- street parking is provided and should be coordinated with step -out strips. E. Step -out strips should be utilized where on- street parking borders a landscaped amenity zone. Step -out strips should be 1 to 2 feet in width and may be constructed of concrete, concrete pavers, flagstone, or brick. Step -out strip locations should be coordinated with entry walks. Hardscaped Amenity Zones A. Hardscaped, or paved, amenity zones are most appropriate Figure 3.6 - An example of a hardscoped in retail districts , areas with high pedestrian traffic, and amenity zone where on- street parking is provided. Hardscape amenity zones may be as wide as 12 feet. 22 Wheat Ridge Streetscape Design Manual ,,,- ..� ... r I I Zone/ I I I Buffer I I I I Figure 3.5 - An example of a landscaped amenity zone Hardscaped amenity zones should be paved with one of the following materials: • Concrete • Concrete unit pavers • Brick pavers • Flagstone pavers C. Paving materials in the amenity zone shall follow the same installation standards and guidelines as those established in Section 3.1 Sidewalks D. Concrete unit pavers or brick pavers are preferred over the use of patterned concrete. E. Where concrete is utilized in the amenity zone, it should be differentiated from the sidewalk area by the use of textures, integral color, or scoring patterns. Wherever possible, pavers or flagstone should be used in combination with the concrete to provide interesting patterns and to enhance the design of the amenity zone. F. Hardscape amenity zones shall contain regularly- spaced street trees and uniform street furnishings , including seating areas and trash receptacles Please see Sections 3.3 Street Trees and 3.5 Street Furnishings for standards and guidelines about placement and spacing for these items. G. Trees may be planted in tree vaults, with tree grates or pavers above, or in at- grade, open planters. Tree grates and pavers are most appropriate for high - traffic pedestrian areas. Please refer to Section 3.3 Street Trees below for further guidelines about appropriate planting area widths and soil volumes. Private Amenity Zones A. The private amenity zone is an optional element of the streetscape that occurs between the sidewalk and building face. These zones are encouraged in retail areas, especially where restaurants, cafes, and other businesses with outdoor seating are planned. B. Private amenity zones should contain outdoor seating areas, planting pots, and other amenities that complement street furnishings in the public amenity zone. C. Where outdoor seating is provided, a railing should be provided to separate the seating area from the sidewalk. D. Private amenity zones should be paved with one of the following materials: • Concrete • Concrete unit pavers • Brick pavers • Flagstone pavers E. Paving materials in the private amenity zone shall follow the same installation standards and guidelines as those established in Section 3.1 Sidewalks Figure 3.8 - The private amenity zone is located between the sidewalk and the building face Wheat Ridge Streetscape Design Manual 23 Figure 3.7 - An example of a hardscaped amenity zone I Amenity I Sidewalk I Optional I Zone/ I I Private I Buffer I I Amenity I I Zone I I I 1 I Figure 3.9 - An example of a private amenity zone with outdoor seating 3.3 Street Trees Street trees are a vital component of streetscape design. They provide a positive aesthetic impact, creating attractive streets that encourage pedestrian use. They also provide many practical benefits, including buffering of pedestrians from vehicular traffic, providing shade, buffering from wind, and reducing air pollution. For street trees to be healthy and contribute to the character of a street in the long term, adequate soil volume and room for growth must be provided at the time of planting. Street Tree Design A. Trees should be planted in a uniform pattern in all amenity zones, both landscaped and hardscaped. For private development and redevelopment, street trees in the public right -of -way shall be provided in addition to any on -site landscapinp, requirements per Section 26 -502 of the Wheat Ridge Zoning and Development Code. B. In most cases, the same species should be planted on the same block to maintain continuity. However, to prevent the loss of species, tree species should vary from block to block. Trees of a similar form, texture, and color can be alternated with the predominant tree species, typically from block to block, to avoid over -use of one species on a street. Random changes in species should be avoided. C. Trees should have the same characteristics on both sides of the street. Location and Spacing A. Street trees should be planted in a straight row with regular spacing, midway between the sidewalk and the curb, where adequate space allows. B. Tree location should be based on the mature height and spread of the tree. Adjustments in spacing or species should be made where signs, lights, overhead or underground utilities, utility poles, fire hydrants, or buildings would limit mature tree size. C. Tree spacing should be in regular intervals. Some variation may be approved due to existing obstructions or special conditions. See the following table for recommended tree spacing based on the mature height of trees: Source: "Choosing Suitable Trees for Urban and Suburban Sites," Edward F. Gilman and Laura Sadowski, Document ENH 1057, University of Florida Institute of Food and Agricultural Sciences, September 2007. 24 Wheat Ridge Streetscape Design Manual Figure 3.10 - Mature street trees in a landscaped amenity zone on W. 38th Avenue Figure 3.11 - New street trees in open planters with adequate room for future growth and water needs Small Trees Medium Trees Large Trees Mature Height Mature Height Mature Height 25' or less 30' - 45' over 45' Recommended 15' minimum, 25' minimum, 30' minimum, Spacing 20' recom- 30' recom- 40' recom- between Trees mended mended mended Source: "Choosing Suitable Trees for Urban and Suburban Sites," Edward F. Gilman and Laura Sadowski, Document ENH 1057, University of Florida Institute of Food and Agricultural Sciences, September 2007. 24 Wheat Ridge Streetscape Design Manual Figure 3.10 - Mature street trees in a landscaped amenity zone on W. 38th Avenue Figure 3.11 - New street trees in open planters with adequate room for future growth and water needs D. Visibility of signs, as well as sight triangles at intersections, should be considered when placing trees (reference Section 26 -603 of the Wheat Ridge Zoning and Development Code for regulations on sight triangles). E. Tree locations should be coordinated with utility locations and adequate separations maintained. Generally, a minimum of 5 feet between street trees and underground utilities should be maintained. The City and utility companies must approve streetscape and utility plans. Size and Form A. The size and form of a tree should appropriately relate to space in which it is planted. Trees should be large enough to add significant shade and should reach a height appropriate to adjacent buildings. B. Street trees shall have a minimum 2 1/2 inch caliper C. The branching height of mature trees shall be no less than 8 feet on the pedestrian side of the tree, and no less than 14 feet on the street side of the tree. D. Lower- branching trees may be used in medians, planters, and landscaped areas that are not adjacent to the street edge and where low branches would not interfere with vehicular or pedestrian traffic. E. Lower- branching trees may be used in areas where overhead utility wires would require large trees to be pruned. Planting Area and Soil Volume A. Adequate planting area is essential to ensuring the long -term health of a tree. Where trees are planted, the minimum width of the planting area shall be 5 feet. In certain instances, where space is constrained, a narrower width may be approved depending on the proposed tree species. The following table establishes recommended planting area widths based on the mature size of a tree: Source: "Choosing Suitable Trees for Urban and Suburban Sites," Edward F. Gilman and Laura Sadowski, Document ENH 1057, University of Florida Institute of Food and Agricultural Sciences, September 2007. Sufficient soil volume is required for a tree to grow to its mature size. The larger the soil volume, the larger the tree. Soil volume is an essential factor when selecting tree species and designing the streetscape. Where trees are planted, the Figure 3.12 - Distances between the tree -- at its mature height and width -- and nearby buildings and utilities should be considered when selecting the appropriate street tree. This will ensure that the tree has adequate room to grow to its full size. 5'minimum n Figure 3.13 - The minimum width for any planter or tree grate where a tree is planted should be 5 feet. Where tree vaults, or pits, are used, the width below - grade may be wider to provide adequate soil volume Wheat Ridge Streetscape Design Manual 25 Small Trees Medium Trees Large Trees Mature Height Mature Height Mature Height 25' or less 30' - 45' over 45' Recommended Width of 5' minimum 6' minimum 8' minimum Planting Area Source: "Choosing Suitable Trees for Urban and Suburban Sites," Edward F. Gilman and Laura Sadowski, Document ENH 1057, University of Florida Institute of Food and Agricultural Sciences, September 2007. Sufficient soil volume is required for a tree to grow to its mature size. The larger the soil volume, the larger the tree. Soil volume is an essential factor when selecting tree species and designing the streetscape. Where trees are planted, the Figure 3.12 - Distances between the tree -- at its mature height and width -- and nearby buildings and utilities should be considered when selecting the appropriate street tree. This will ensure that the tree has adequate room to grow to its full size. 5'minimum n Figure 3.13 - The minimum width for any planter or tree grate where a tree is planted should be 5 feet. Where tree vaults, or pits, are used, the width below - grade may be wider to provide adequate soil volume Wheat Ridge Streetscape Design Manual 25 depth of soil shall be at least 3 feet Appendix A contains guidelines for determining the appropriate amount of soil volume based on the size of a tree. C. Where trees are planted in a tree vault with a tree grate or pavers above, structural soil shall be utilized. Structural soil is designed to meet pavement design installation requirements while also supporting root growth. For more information, please see Appendix A. Tree Selection A. Street trees shall be hardy, strong, wooded trees with strong branching characteristics according to their species. They shall be disease - resistant varieties, have upright growth, and be single stem. B. Trees near sidewalks and pedestrian areas should be fruitless and thornless to minimize maintenance and to reduce pedestrian hazards. C. Trees should be selected so that they have room to mature to their full height and spread. Street trees should be selected to minimize the obstruction of signage and to be consistent with the character of the given street or district. D. Wherever possible, street trees should have a low to moderate water rating in the recommended street tree list (Appendix B). Irrigation must be installed for street trees and the proper amount of water must be given to each tree. E. Please see Appendix B for a list of recommended tree species. F. The following species are prohibited from planting in any right -of -way: • Box Elder (Acer negundo) • Silver Maple (Acersaccharinum) • Tree of Heaven (Ailanthus altissima) • Russian Olive (Elaeagrus angustifolia) • All Poplar (Populus) species • Buckthorn (Rhamnus cathartica) • All Willow (Salix) species • Salt Cedar (Tomarix) • Siberian Elm (Ulmus pumila) • Chinese Elm (Ulmus panifolia) G. Other restrictions regarding street tree selection: • Trees should not have weeping or pendulous branches • Trees may not have bushy growth habit, which cannot be maintained to a single trunk H. All existing trees within a given streetscape area must be considered. Each existing tree should be evaluated to determine if it should be preserved. Those trees determined to be preserved must be protected during any construction 26 Wheat Ridge Streetscape Design Manual Figure 3.14 - The minimum soil depth where trees are planted should be 3 feet. Figure 3.15 - Street trees should be compatible with the height and style of buildings along the street activity. Please see Appendix A for a reference on tree protection. 3.4 Groundcovers and Shrubs Besides trees, plantings in the streetscape may include turf, groundcovers, and shrubs. Groundcovers provide functional and aesthetic value, softening the street edge in areas where pedestrian travel is low. Shrubs create areas of interest and add form, texture, and color to the streetscape. Xeriscape design, which requires less water consumption for irrigation, is highly encouraged. Vegetable and fruit - producing plants may also be allowed in the streetscape area. Within the public right -of -way, such plants will first require approval by City staff through the streetscape plan review process. Groundcovers A. Groundcovers provide a viable alternative to turf grass in areas such as landscaped amenity zones and open planters. B. Areas planted with turf should be at least 5 feet wide, with a recommended width of 8 feet. Where adequate width is not available, groundcover plantings should be used instead. C. Please see Appendix B for a list of recommended groundcover plants. D. Groundcover plantings that require low water use are encouraged. E. Sufficient irrigation must be provided at the time of installation, as well as during the period of establishment. This applies to low -water use, or xeric, plants as well. Shrubs A. Hardy, maintainable deciduous and evergreen shrubs may be used in landscaped areas and planters. Shrubs are typically not recommended in landscaped amenity zones, or tree lawns, directly along the street edge. B. Shrubs with thorns shall not be allowed in the public right - of -way. C. Shrubs may be effectively used to screen parking areas adjacent to the street. D. Form, texture, timing of flowering and color of foliage should be considered in the planting design of shrubs. E. Please see Appendix B for a list of recommended shrubs. F. Shrubs that require low water use are encouraged. G. Sufficient irrigation must be provided at the time of installation, as well as during the period of establishment. This applies to low -water use, or xeric, plants as well. 3.5 Street Furnishings Street furnishings are integral elements of the streetscape, especially in retail districts intended to encourage pedestrian traffic. Street furniture Wheat Ridge Streetscape Design Manual 27 Figure 3.16 - A landscaped amenity zone with groundcover plantings Figure 3.17 - Shrubs contribute to the streetscape on W. 38th Ave in Wheat Ridge should be attractive and appropriate to each streetscape and provide for visual continuity, public service, and the safety of pedestrians. Placement A. Furniture in the right -of -way should be located at least 3 feet from the curb face where on- street parking or a bike lane adjoins the curb, and at least 4 feet from the curb face where a travel lane adjoins the curb. B. Any item placed in the right -of -way will require approval by Public Works through a Right -of -Way (ROW) Use Permit. C. Street furniture shall not obstruct the sidewalk. A minimum 5 foot clear walking zone should be provided at all times. D. All street furnishings should be of high - quality design, intended for outdoor use, and require minimum maintenance. Benches and Seating A. Comfortable seating areas should be provided at regular intervals as part of the streetscape design. B. Metal benches are a typical element in most streetscape settings. Other appropriate seating options include benches, moveable chairs, planter walls, and steps. Metal benches should typically be painted black or a dark color with a factory - applied finish. C. Seating should be conveniently placed. Shade, view of storefronts, and proximity to adjacent uses should be considered in the placement of seating. D. Seating should not interfere with pedestrian flow or plant materials. E. Seating should be attractive, comfortable, and durable. It should be compatible with other furnishings and adjacent buildings. F. With the exception of moveable chairs, seating should be secured in place to the pavement for user safety and to prevent vandalism. G. All seating should meet the following dimensional guidelines: • 16 to 18 inches in height • 16 inch minimum depth for seats without backs • 14 inch minimum depth for seats with backs H. Seating adjacent to walkways or multi-use paths that receive bicycle use should be set back a minimum of 3 feet from the path. Tree Grates A. Tree grate openings should be no more than 1/4 inch in width. B. Tree grates shall be made of iron and have an opening for 28 Wheat Ridge Streetscape Design Manual Figure 3.18 - Typical metal bench Figure 3.19 - Seating is an important component of the amenity zone (the space between the sidewalk and the roadway) guidelines: • 16 to 18 inches in height • 16 inch minimum depth for seats without backs • 14 inch minimum depth for seats with backs H. Seating adjacent to walkways or multi-use paths that receive bicycle use should be set back a minimum of 3 feet from the path. Tree Grates A. Tree grate openings should be no more than 1/4 inch in width. B. Tree grates shall be made of iron and have an opening for 28 Wheat Ridge Streetscape Design Manual Figure 3.18 - Typical metal bench the tree that will provide for its normal growth. Alternate tree grate types may be approved by the Departments of Community Development and Parks and Recreation. Tree grates should either be unpainted or painted with a factory - applied finish. D. The size and shape of a tree grate should relate to the paving systems and patterns adjacent to the tree. E. If seasonal tree lights are desired, an electrical outlet should be provided within the tree grate area. Trash Receptacles A. Trash receptacles should be located so as not to disrupt pedestrian flow and in locations convenient to benches and other street furnishings. They should be compatible with surrounding street furniture and the architecture of nearby buildings. B. Trash receptacles should be attached to the paving or footings in landscaped areas to discourage vandalism. C. Each receptacle shall have two parts: an inner container, which will provide for easy trash removal, and an outer shell that is compatible with the other street furnishings in the area. They shall also have a covered top and solid bottom to keep trash dry and out of sight. D. Trash receptacles should be made of a durable material, such as metal. Bollards A. Bollards should be used to define and protect pedestrian areas, separating them from areas of vehicular traffic. B. Bollards should be compatible with the other street furnishing and other architectural elements in the area. C. Iron bollards are preferred. Bollards should be of simple design, and typically 24 to 42 inches high. They should be painted black or a dark color with a factory - applied finish. D. Bollards shall be located a minimum of 3 feet from the curb edge of vehicular traffic ways. Bicycle Racks A. Bicycle racks should be incorporated into the streetscape design. Bicycle racks are required in the streetscape for any street that is designated as a bicycle route in the Wheat Rime Bicycle and Pedestrian Master Plan. On these streets, a minimum of four bicycle parking spaces (two typical inverted U racks) per block, on each side of the street, shall be provided. These bicycle parking spaces must be provided in addition to any on -site bicycle parking required by zoning. B. Bicycle racks should be placed in locations that do not interfere with pedestrian or vehicular traffic. grate Figure 3.21 - Example trash receptacle Wheat Ridge Streetscape Design Manual 29 Figure 3.20 - Example of an iron tree Figure 3.22 - Example of an iron bollard C. Racks should be conveniently placed in visible locations to provide for security. D. The standard bike parking rack is the inverted U type, or another type as approved by the Community Development Director. Each inverted U rack shall count as two bike parking spaces. E. Racks should be designed to be compatible with other street furnishings and be made of durable metal materials. Racks must provide for at least one wheel and the frame to be locked to the rack. F. Racks shall be securely attached to the pavement to provide a stable place to rest bicycles and to prevent vandalism. Planters and Planting Pots A. Pots and planters should be used to provide interest to the streetscape and should be planted with annual flowers, perennial flowers, or low- growing shrubs. B. Large pots or planters may be used in place of bollards to separate pedestrian and vehicular traffic. C. In determining the location of planting pots, the possibility of pavement staining should be considered. D. Provisions for watering of planters and pots must be in place to provide for the healthy growing of plants. Each pot should have some provision for drainage in the event of over - watering. Fencing, Railings, and Gates A. A sturdy, wrought iron or steel fence painted black or a dark color is preferred. Fences or railings of other high - quality materials may be approved if the materials are consistent with surrounding streetscape furnishings and building architecture. B. Fence picket spacing should not exceed 4 inches for child safety reasons. C. The height of fences may vary depending on the purpose and location of the fence. Where pedestrian access needs to be limited, a fence as high as 4 feet may be used. Where a parking lot screen is needed or required, the fences may be as low as 3 feet. Where a fence or railing provides a safe barrier between severe grade changes. a minimum height of 42 inches must be provided. D. Fencing may be combined with low walls for enhanced design. E. All structural railings must be designed to support a horizontal and vertical load of 50 pounds per linear foot. F. All fences and railings must be securely fastened in place in pavement or footings. G. All fencing shall conform to Chapter 26 of the Zoning and Development Code. 30 Wheat Ridge Streetscape Design Manual Figure 3.23 - Example of a standard inverted U bike parking rack Figure 3.24 - Planting pots incorporated into streetscape Figure 3.25 - Example of quality metal railing Newspaper Racks and Enclosures A. Newspaper racks should be designed to be compatible with other street furnishings. Enclosures can be provided to screen racks from the street. B. Newspaper racks and enclosures should be clustered together and located where they have the least visual impact on the streetscape. C. Newspaper racks and enclosures should be on a neutral color, preferably made of metal, and should be designed to blend in with surrounding street furniture and architecture. D. Racks and enclosures should be located in convenient locations for pedestrian access and not in locations where they will obstruct the view of motorists. Community Announcement Boards A. Community announcement boards, or kiosks, are intended to be used to post community events and notices at special pedestrian areas along the street. They should be used sparingly and primarily in areas of high pedestrian traffic. B. Community information boards should be designed to be compatible with other street furnishings. They should facilitate the posting of community notices in a convenient manner. C. Announcement boards should be easily accessible from all sides, adequately illuminated, and designed so that they are easy to clean and maintain. Transit Bus Stops A. The location of bus stops are set by RTD in coordination with the City. With the approval of RTD, shelters may be provided by private companies or the City. Shelters are encouraged for transit stops, especially those with high levels of ridership. B. Bus shelters should be integrated into the streetscape and may not obstruct pedestrian flow. Public Works and RTD will approve shelter locations. C. Where bus stops contain vendor benches with advertising, such benches shall be replaced by a standard metal strap bench (Figure 3.28). The Department of Public Works will approve all new benches at bus stops. Fountains and Water Features A. Fountains and water features can add a special element to the streetscape, but they should only be used in situations where there is adequate space to incorporate a focal point in the public space along the street. B. Fountain and water feature design and placement should consider solar orientation, orientation to winds, surrounding buildings, existing and planned pedestrian circulation, site at bus stop locations Figure 3.28 - Metal strap bench to be utilized at bus stops Wheat Ridge Streetscape Design Manual 31 Figure 3.26 - Example of a community announcement board Figure 3.27 - Bus shelters are encouraged furnishings, and how the feature will look when water is not available. C. Fountains and water features should have an efficient recirculating pump system which will allow for continued operation, water conservation and ease of maintenance. D. There must be a long -term commitment from the City, district, or property owner(s) to maintain and manage the water feature or fountain. streetscape Public Art A. The provision of public art is encouraged and recommended on major streetscape improvements in the City. Public art may be functional or purely an art form and it should be considered as a complement to other amenities in the streetscape. B. Art objects should not compete with or detract from adjacent storefronts or obstruct pedestrian walkways or vehicular traffic. C. Art objects should be constructed of durable and maintainable materials such as stone or metal. screen streetscape Walls and Screens A. Walls and screens, typically used to screen parking lot or vehicular areas from the streetscape, should be constructed of durable and maintainable materials. B. The location and design of screen walls must comply with Chapter 26 of the Zoning and Development Code. C. Walls should be constructed of high - quality masonry units. Integrating iron fencing into the design of the screen wall is encouraged. Gateway Markers and Monument Signs A. Monuments and gateway markers help establish the character or identity of a district, street, or neighborhood. They should be located in key locations, primarily in at intersections or important gateways. B. Gateway markers and monument signs should be integrated into the streetscape, complementing items such as plantings, trees, paving patterns, and street furnishings. C. Monument signs, which may include neighborhood identification signs, should be constructed of high - quality, durable materials. D. Monument signs should only be placed where there is adequate room so that the sidewalk is not obstructed. Visibility, location of trees and vegetation, and compatibility with the surrounding landscaping and hardscaping should be considered in the placement and design of the sign. E. All signs must comply with Chapter 26 of the Zoning and Development Code, including sight triangle requirements. 32 Wheat Ridge Streetscape Design Manual Figure 3.29 - Where there is adequate room, public art can add life to the Figure 3.30 - Example of a parking lot Figure 3.21 - Gateway markers should be integrated into the design of the Utilities A. All utilities should be inventoried and identified in the design stage of any streetscape project. The location of existing and planned utilities should be considered when determining the location of street furnishings, street trees, plants, signs, and light fixtures. B. The location of vaults, meters, and irrigation controllers should be consolidated wherever possible. C. Larger utility cabinets and vaults should be place in low - visibility areas and screened from view wherever possible. D. Utilities should not be located under amenity zones where they could interfere with or preclude the planting of trees. 3.6 Lighting Lighting contributes to both the character and function of a streetscape. Overhead lighting provides for traffic safety along the street. Pedestrian lighting provides lighting at the human scale and contribute to the aesthetic character of a corridor. Overhead Street Lighting A. Street lights should be located at regular intervals as part of an overall system that includes cabinets and transformers. Recommended spacing for commercial streets ranges from 100 to 150 feet. B. Lights shall be placed at least 2 1/2 feet from the curb face so that there is adequate room for car bumpers and door swings Pedestrian Lighting A. Pedestrian lights shall be no more than 14 feet high. The preferred height is 12 feet. B. Pedestrian lighting can play a major role in the development of the commercial streetscape and should provide visual continuity along a street. It should be designed to be compatible with surrounding street furniture and architecture. C. Pedestrian lighting is not recommended in residential areas. D. Lights shall be placed at least 2 1/2 feet from the curb face so that there is adequate room for car bumpers and door swings E. Pedestrian lights should be spaced at least 50 feet apart. 60- 115 feet is preferable in most cases to allow room for street trees and street furnishings. Too close spacing can cause unwanted glare. F. Lighting should be designed to minimize light pollution to comply with dark sky principles. Pedestrian lights shall be semi -cutoff fixtures at a minimum Full -cutoff fixtures are preferred. Figure 3.32- Utility boxes should be consolidated wherever possible M Figure 3.33- Example of pedestrian lighting that is not cutoff Wheat Ridge Streetscape Design Manual 33 Figure 3.34- Example of o full cutoff pedestrian light fixture 3.7 Crosswalks and Curb Ramps Crosswalk pavement systems are important at all intersections where pedestrians travel. Curb ramps provide safe and convenient movement for all pedestrians. Crosswalks A. Crosswalks shall be provided at every intersection and designated mid -block crossings. B. Crosswalks with enhanced pavement design are encouraged in commercial areas and at major intersections. Special paving in the crosswalk area should contrast with the adjacent street paving in terms of color and texture. Enhanced crosswalk paving can provide for increased safety and help unify the character of a retail district. C. The recommended material for crosswalks with enhanced paving is concrete. Stamped concrete is prohibited from use. D. Unit pavers and bricks pavers may be used in the crosswalk area as long as the pounds per square inch (PSI) meets City standards for withstanding automobile use. However, these materials can be expensive to maintain. Curb Ramps A. Curb ramps shall be provided at every intersection in the City Curb ramps should also be provided at designated mid - block crossings. B. Curb ramps should be aligned with curb ramps on the other side of the street /intersection. C. The Department of Public Works will approve the type and design of all curb ramps. 34 Wheat Ridge Streetscape Design Manual Figure 3.35- Example of an enhanced crosswalk on IN 38th Avenue Figure 3.36 - Example of a curb ramp CHAPTER 4 - MAINTENANCE & IRRIGATION Investments in streetscape improvements are not truly realized without proper maintenance. Adequate maintenance ensures the long -term quality and attractiveness of the streetscape and helps to maintain property values. 4.1 Maintenance Long -term maintenance of the streetscape is essential. The following standards and guidelines apply to the maintenance of all elements within the streetscape area. General Maintenance Requirements A. It is the responsibility of the property owner, maintenance district, or improvement district to maintain all streetscape elements, including landscaping, street furniture, and the sidewalk, in the public right -of- way adiacent to their property. B. Landscaping must be maintained continuously. This means any necessary watering, weeding, pest control, and pruning, as well as the replacement of dead or diseased plants. C. Dead or diseased plants shall be replaced in the same location and type as the approved plan. Trees, Shrubs, and Groundcover A. Tree plantings and landscaped areas should be regularly maintained, including watering, cleaning, weeding, mulching, mowing, fertilizing and aerating as necessary. This includes removing fallen leaves from the sidewalk or other areas utilized by pedestrians and bicyclists. B. Tree limbs should be pruned to the standards of the International Society of Arboriculture (ISA) and to ensure proper clearances above sidewalks and streets, established in Section 3.3 Street Trees (minimum 8 feet on the pedestrian side of the tree and minimum 14 feet on the street side of the tree). C. Mulching serves many benefits for planted areas, including the regulation of soil temperature and the retention of soil moisture. The regular application and maintenance of mulch is recommended. D. All tree, shrub, and groundcover areas shall be maintained to be free of weeds. Herbicides should be used with care to prevent damage to plants. E. When maintenance on trees or tree roots within a tree vault is required, grates, pavers, or any other materials installed in the tree space should be removed and then properly reinstalled when the maintenance is complete. F. Tree grates or paving materials should be replaced when damaged and adjusted as necessary for tree growth. Sidewalks A. Cracked, broken, or missing sidewalk paving is hazardous to public safety. Maintenance requirements for sidewalks include: • Maintain concrete joints and replace sealant when necessary • Remove snow when necessary • Remove trash on a regular basis • Sweep sidewalks free of sand when necessary Walls, Fences and Screens A. Walls, fences, and screens shall be maintained to remain attractive, functional and safe. B. Maintenance measures include cleaning, refinishing, painting, repair, and replacement if damaged. C. These elements should be maintained to a level comparable to their condition at installation. Wheat Ridge Streetscape Design Manual 35 Street Furnishings A. Walls, fences, screens, and bike racks shall be maintained to remain attractive, functional and safe. B. Maintenance measures include cleaning, refinishing, painting, repair, and replacement if damaged. C. These elements should be maintained to a level comparable to their condition at installation. Lighting A. Lighting shall be maintained and continuous electrical service shall be provided. The following maintenance standards apply: • Maintain lighting control devices, including timers, photocells, etc. • Replace damaged or missing light poles or parts within thirty (30) days of damage. • Replace burned -out bulbs or lamps within ten (10) days of burn out. • Perform general maintenance work including regular cleaning and planting when required. 4.2 Irrigation A well- designed irrigation system should cover all plantings within the streetscape. A well- maintained irrigation system is critical for the health and growth of plant materials. Design of Irrigation System A. Drip irrigation systems use water more efficiently and are the preferred irrigation system. B. During establishment period, plants require more water. After establishment, the amount of water for irrigation may be reduced. C. In order to reduce water usage, rainfall and soil moisture sensors, pressure reducers, check valves, and/ or flow sensor valves are recommended. D. Control valves controllers should be designed to water shrubs, flowers, and trees separately from turf areas. They should also have the time capability to permit the use of low- volume systems over longer cycles. E. If a traditional sprinkler system is used, the spraying of walks, patios, buildings, parking areas, and fences is discouraged. If the spraying of walks and bikeways cannot be avoided, the controller should be timed to spray at night to prevent conflict with pedestrians and bicyclists. Maintenance of Irrigation System A. Maintenance of the irrigation systems is essential for the survival of plants. All necessary start -ups, shut downs, periodic checks, adjustments, and replacements of parts must be performed by the owner or district responsible for irrigation. B. The system should be completely checked during the start -up period in spring, monitored and adjusted throughout the season, and properly shut down at the end of the season. C. Soil moisture should be checked at 6" and 12" depths regularly with the use of soil probe and appropriate adjustments made to the control valve. D. Trees require watering once a month in the winter when the temperature is above freezing. 36 Wheat Ridge Streetscape Design Manual BIBLIOGRAPHY 1. Denver Streetscape Design Manual, City and County of Denver, 1993. Available online at http: / /www.denvergov.org /Portals/ 646 / documents/ DesignGuidelines _StreetscapeDesign_1993.pdf 2. Streetscape and Architectural Design Manual, City of Wheat Ridge, 2001. 3. City of Wheat Ridge Bicycle and Pedestrian Master Plan, City of Wheat Ridge, 2010. 4. Street Tree Guide, City of Denver Forestry Division. Available online at http: / /www.denvergov.org /Portals/ 626 / documents /Street%20tree %20guide.pdf 5. City of Aurora Landscape Manual and Recommended Plant List, City of Aurora Parks and Open Space Department Available online at http : / /www.auroragov.org /stellent /groups /public/ documents /article- publication /025219.pdf 6. City of Fort Collins Streetscape Design Standards and Guidelines, City of Fort Collins, 2001. Available online at http: / /www.fcgov.com /advanceplanning /documents.php 7. University of Florida Institute of Food and Agricultural Studies Extension Website: http: / /hort.ifas.ufl.edu /woody 8. Choosing Suitable Trees for Urban and Suburban Sites, Edward F. Gilman and Laura Sadowski, Document ENH 1057, University of Florida Institute of Food and Agricultural Sciences, September 2007. 9. Virginia Tech Forestry Department: The Virginia Urban Street Tree Selector Website: http: / /www.cnr.vt.edu /dendro/ treeselector/ 10. Cornell University Department of Agriculture Extension: Urban Horticulture Institute Website: http: / /hort.cals. cornell.edu /cals /hort /extension /index.cfm 11. Protecting Trees During Construction, C. Dennis and W.R. Jacobi, Colorado State University Extension, no. 7.420, 2008. Wheat Ridge Streetscape Design Manual 37 38 Wheat Ridge Streetscape Design Manual APPENDIX A - REFERENCES 1. Soil Volume Guidelines and References When planning a streetscape project, especially where space is limited, it is important to evaluate how to provide the optimal soil volume for each tree. The first step is to calculate the optimal soil volume per tree. A general rule of thumb is to measure the area within the projected mature drip line of the tree and provide 2 cubic feet of usable soil per square foot (Grabosky and others, 1999; Urban, 1999). Based on this rule of thumb, Urban (1999) correlated crown projection and tree size to identify minimum required soil volume for various size trees (Figure A). Figure A: Soil volume required for various tree sizes. Assumes a soil depth of 3 feet (Source: James Urban, 1999) Ultimate Tree Size Crown Diameter Projection Breast (sq. fl.) HeiyM (inches) 1200 24' soo r 640 480 - 320 — 140 0 r ti Q ^ m C a 200 400 600 800 1 000 1200 1400 1600 cu-ft. SOIL VOLUME REQUIRED Figure B: Recommended soil volumes based on crown spread of tree (3' minimum depth of soil): Estimated crown spread = 10' diameter Adequate soil volume needed for roots can be app�roximated from the size the tree will be at maturity. s 10'� 4 Soil Volume = 120 cubic feet Estimated crown spread = 21' diameter Soil Volume = 1000 cubic feet Wheat Ridge Streetscape Design Manual 39 Estimated crown spread = 30' diameter Lower li t 20' o dita ran e 16' 1r L _ Uv r 6 � i O f C da ge 4" 1 s 10'� 4 Soil Volume = 120 cubic feet Estimated crown spread = 21' diameter Soil Volume = 1000 cubic feet Wheat Ridge Streetscape Design Manual 39 Estimated crown spread = 30' diameter 2. Structural Soil Reference STRUCTURAL SOIL N INNOVATItiE MEDIUM UNDER PAVEMENT THAT IMPROVES STREET TREE VIGOR Nina Bassuk, Director and Professor Urban Horticulture Institute, Cornell University, Ithaca, NY Jason Crabosky, Urban Horticulture Institute, Cornell University, Ithaca, NY Peter Trowbridge, FASLA, Professor Landscape Architecture, Cornell University, Ithaca, NY James Urban, FASLA, James Urban and Associates, Annapolis, MD Introduction The major impediment to establishing trees in paved urban areas is the lack of an adequate volume of soil for tree root growth. Soils under pavements are highly compacted to meet load- bearing requirements and engineering standards. This often stops roots from growing, causing them to be contained within a very small useable volume of soil without adequate water, nutrients or oxygen. Subsequently, urban trees with most of their roots under pavement grow poorly and die prematurely. It is estimated that an urban tree in this type of setting fives for an average of only 7 -10 years, where we could expect 50 or more years with better soil conditions. Those trees that do survive within such pavement designs often interfere with pavement integrity. Older established trees may cause pavement failure when roots grow directly below the pavement and expand with age. Displacement of pavement can create a tripping hazard. As a result, the potential for legal liability compounds expenses associated with pavement structural repairs. Moreover, pavement repairs which can signifi- cantly damage tree roots often result in tree decline and death. The problems as outlined above do not necessarily lie with the tree installation but with the material below the pavement in which the tree is expected to grow. New techniques for meeting the often opposing needs of the tree and engineering standards are needed. One new tool for urban tree establishment is the redesign of the entire pavement profile to meet the load- bearing requirement for structurally sound pavement installation while encouraging deep root growth away from the pavement surface. The new pavement substrate, called `structural soil', has been developed and tested so that it can be compacted to meet engineering requirements for paved surfaces, yet possess qualities that allow roots to grow freely, under and away from the pavement, thereby reducing sidewalk heaving from tree roots. Convential Tree Pits are Designed for Failure Looking at a typical street tree pit detail, it is evident that it disrupts the layered pavement system. In a sidewalk pavement profile, a properly compacted subgrade of existing material often is largely impermeable to root growth and water infiltration and significantly reduces drainage if large percentages of sand are not present. Above the subgrade there is usually a structural granular base material. To maintain a stable pavement surface the base material is well compacted and possesses high bearing strength. This is why a gravel or sand material containing little silt or clay is usually specified and compacted to 95% Proctor density (AASHTO T -99). The base layer is granular material with no appreciable plant available moisture or nutrient holding capacity. Subsequently, the pavement surrounding the tree pit is designed to repel or move water away, not hold it, since water just below the pavement can cause pavement failure. Acknowledging that; the above generalizations do not account for all of the challenges below the pavement for trees, it is no mystery why trees are often doomed to failure before they are even planted. The subgrade and granular base course materials are usually compacted to levels associated with root impedance. Given the poor drainage below the base course, the tree often experiences a largely saturated planting soil. Designed tree pit drainage can relieve soil saturation, but does nothing to relieve the physical impedance of the material below the pavement which physically stops root growth. 1 A New System to Integrate Trees and Pavement I Sod ParLda `Structural soil' is a designed medium which can meet or Aoi score Parride exceed pavement design and installation requirements while remainin 0--Air v wale Pore root penetrable and supportive of tree growth. Cornell's Urban Horticul- tare Institute, has been testing a series of materials over the past five Store G transferred "r1efe i years focused on characterizing their engineering as well as horticul tural properties. The materials tested are gap - graded gravels which are made up of crushed stone, clay loam, and a hydrogel stabilizing agent. Fig. 1: The stone lattice bears loading while The materials can be compacted to meet all relevant pavement design the soil particle partially fills the lattice voids. requirements yet allow for sustainable root growth. The new system essentially forms a rigid, load- bearing stone lattice and partially fills the lattice voids with soil (Figure 1). Structural soil provides a continuous base course under pavements while 40 Wheat Ridge Streetscape Design Manual providing a material for tree root growth. This shifts designing away from individual tree pits to an integrated, root penetrable, high strength pavement system. This system consists of a four to six inch rigid pavement surface, with a pavement opening large enough to accommodate a forty 2 UaY�d �+ year or older tree (Figure 2) . The opening could also consist of _ concentric rings of interlocking pavers designed for removal as the buttress roots meet them. Below that, a conventional base course could be installed and compacted with the material aoTEXTU `� "°°"x".10 " meeting normal regional pavement specifications for the traffic cm Moan \ }— aow so va s s�cau� I % :�� °'"` they are expected to experience. The base course would act as a r • +" y ?? „ v ; P� root exclusion zone from the pavement surface. Although field tests show that tree roots naturally tend to grow away from the To soft s~ •� r s• s �— �" """°` `'' ` ' ` ' ` ID ffE pavement surface in structural soil. A geotextile could segregate the base course of the pavement from the structural soil. The �o,...., " _ gap- graded, structural soil material has been shown to allow root 4 1 om F penetration when compacted. This material would be compacted to not less than 95% Proctor density (AASHTO T -99) and possess a California Bearing Ratio greater than 40 [ Grabosky and Bassuk 1995,19961. The structural soil thickness would depend on the designed depth to subgrade or to a preferred depth of 36 inches. This depth of excavation is negotiable, but a 24 inch minimum is encouraged for the rooting zone. The subgrade should be excavated to parallel the finished grade. Under - drainage conforming to approved engineering standards for a given region must be provided beneath the structural soil material. The structural soil material is designed as follows. The three components of the structural soil are mixed in the following proportions by weight, crushed stone: 100; clay loam: 20; hydrogel: 0.03. Total moisture at mixin should be 10% (AASHTO T -99 optimum moisture). Crushed stone (granite or limestone) should be narrowly graded from 3/4 -1 1/2 inch, highly angular with no fines. The clay loam should conform to the USDA soil classification system (gravel <5 %, sand 25 - 30 %, silt 20 - 40 %, clay 25 - 40 %). Organic matter should range between 2% and 5 %. The hydrogel, a potassium propenoate - propenamide copolymer is added in a small amount to act as a tackifier, preventing separation of the stone and soil during mixin and installation. Mixing can be done on a paved surface using front end loaders. Typically the stone is spread in a layer, the dry hydrogel is spread evenly on top and the screened moist loam is the top layer. The entire pile is turned and mixed until a uniform blend is produced. The structural soil is then installed and compacted in 6 inch lifts. In a street tree installation of such a structural soil, the potential rooting zone could extend from building face to curb, runnin the entire length of the street. This would ensure an adequate volume of soil to meet the long term needs of the tree. Where this entire excavation is not feasible, a trench, running continuous and parallel to the curb, eight feet wide and three feet deep would be minimally adequate for continuous street tree planting. There will be a need to ensure moisture recharge and free gas exchange throughout the root zone. The challenge may be met by the installation of a three dimensional geo- composite (a geo -grid wrapped in textile one inch thick by eight inches wide) which could be laid above the structural soil as spokes radiating from the trunk flair opening. This is cur- rently in the testing stage. Other pervious surface treatments could also provide additional moisture recharge, as could traditional irrigation. When compared to existing practice, additional drainage systems, and the redesigned structural soil layer repre- sent additional costs to a project. The addition of the proposed structural soil necessitates deeper excavation of the site which also may be costly. In some regions this excavation is a matter of standard practice. However, this process might best be suited for new construction and infrastructure replacement or repair, since the cost of deep excavation is already incurred. The Urban Horticulture Institute continues to work on refining the specification for producing a structural soil material to make the system cost effective. It is patent pending and will be sold with the trademark 'CU-Soil' to insure quality control. Testing over five years has demonstrated that stabilized, gap - graded structural soil materials can meet this need while allowing rapid root penetration. Several working installations have been completed in Ithaca, NY, New York City, NY, Cincinnati, OH, Cambridge, MA and elsewhere. To date, the focus has been on the use of these mixes to greatly expand the potential rooting volume under pavement. It appears that an added advantage of using a structural soil is its ability to allow roots to grow away from the pavement surface, thus reducing the potential for sidewalk heaving as well as providing for healthier, long -lived trees. Grabosky, J. and Bassuk, N. "A New Urban Tree Soil to Safely Increase Rooting Volumes Under Sidewalks", 1995, Journal of Arboriculture 21(4), 197 -201. Grabosky, J. and Bassuk, N. "Testing of Structural Urban Tree Soil Materials for Use Under Pavement to Increase Street Tree Rooting Volumes", 1996, Journal of Arboriculture 22(6), 255 -263. Wheat Ridge Streetscape Design Manual 41 3. Tree Protection Reference G A R D E N I N G S E R I E S TREES &SHRUBS Protecting Trees During Construction no. 7.420 by C. Dennis and W.R. Jacobi' (6108) Why Preserve Existing Trees? Quick Facts... Shade trees add to the value of residential and commercial properties. During construction, established, healthy trees can be preserved with minimal effort or expense. Many trees are valuable enough to justify the extra concern. Soil compaction and grade The Preservation Planning Process changes adversely affect tree root health, and can lead to Many towns and cities in Colorado have tree protection specifications detailed in their land use code; property owners must adhere to the tree branch dieback and tree death protection specifications spelled out in land use code of their town or city. Prior to beginning a construction project, the property owner should have a city Prior to starting construction forester, licensed arborist or certified tree appraiser, evaluate every tree in the activities, evaluate existing trees proposed construction area to determine if preservation is worthwhile. For each in the area to see if preservation existing tree, consider location, present size, future size, species, vigor, cost of is worthwhile and feasible. preservation, and cost of removal. While evaluating trees for preservation, visualize the future landscape. Involve all parties associated If plans call for preservation of trees near buildings or in landscapes, the trees with the construction project should be sufficiently healthy to justify preservation. Some large, mature trees when determining which trees to may not be structurally sound or esthetically appealing to warrant preservation. preserve. Older trees do not adapt to environmental changes as well as younger trees, thus it may be more practical to protect a 1- to 8 -inch diameter tree than a larger, more Establish specific guidelines to mature tree. Some existing trees (particularly the smaller trees) may be dug with a tree spade and relocated on the property. Tree species differ in their ability to prevent tree injury during the adapt to environmental change (Table 1). Recognize that it may be impossible to construction project. preserve every tree. Minimize injury to existing trees with properly placed and properly Table 1: Adaptability to environmental change. sized barricades. Degree of Adaptability High Moderate Low COl0 American elm Aspen Bolleana white poplar Common hackberry Black walnut Black locust Cottonwood (spp) Boxelder Colorado blue spruce University Ginkgo Bur oak English oak Green ash Linden Lombardy poplar Honeylocust Norway maple Northern red oak • London planetree Pine (spp) Norway spruce E Siberian elm White oak Silver maple White ash © Colorado State University Extension. 2/99. Willow (spp) Reviewed 6/08. www.ext.colostate.edu 42 Wheat Ridge Streetscape Design Manual To avoid short- and long -term problems, early in the planning process consult all parties involved in the project, including the property owner, contractor, architect, engineer, and arborist. Once trees are selected for preservation, prepare a preservation plan that contains specific tree preservation methods. Set contractor guidelines for tree protection within contracts. Such guidelines include: prominently mark protected areas; erect barricades around designated trees; avoid vehicular traffic or parking in restricted areas; and prohibit material storage, grading, and dumping of chemicals and other materials in restricted areas. To ensure compliance, contractors should have tree preservation bonds to cover potential noncompliance fines. Noncompliance fines are based on trees species, tree value, replacement costs if required, and the amount and type of damage done. Tree preservation bonds create an additional incentive for compliance. All parties should be aware of and agree to the consequences for noncompliance. Before construction begins, conduct an on -site meeting with all parties, with special emphasis on educating the project contractor. Provide a handout that outlines the preservation plans to everyone working on the project. Figure 3 (below): Ideally, the protection barriers should extend beyond the dripline. Reprinted with permission from Tree City USA Bulletin No. 7, National Arbor Day Foundation. The Importance of Protecting a Tree's Root System Tree root systems contain large, woody roots, and small, short -lived absorbing roots. Large, woody roots are perennial and grow horizontally and are mostly in the top 6 to 24 inches of the soil (Figure 1). Their main functions include anchorage, water and mineral transport, and nutrient and water storage. Smaller absorbing roots, averaging 1/16 inch in diameter, constitute the majority of the root system's surface area. These roots grow outward and upward from the large roots, near the soil surface where minerals, water and oxygen are abundant. Their major function is to absorb water and minerals. The root zone extends horizontally from the tree for a distance at least equal to the tree's height. Preserve at least 50 percent of the root system to maintain a healthy tree. During summer construction, trees require adequate water, enough to saturate the soil, every one to two weeks. Preventing Injury to Existing Trees Preventing damage is less costly than correcting it. Post highly- visible barricades and signs around the trees and areas to be protected (Figures 2 and 3). The optimal size of barricaded areas varies by tree species, size, and construction project. For recently planted trees (one to four years), the area under the branches (dripline) should be adequate. For minimal protection of trees older than four years, barricades should extend beyond the dripline; for each inch of diameter of the tree's trunk, add extend the protection area an additional foot. For additional protection, a layer of wood chips (4 to 6 inches deep) can be placed around each tree prior to placement of the barricades. Examine trees and barricades at least once a week during construction. V i; C Wheat Ridge Streetscape Design Manual 43 Figure 1: Roots lie in the upper 24 inches of soil and are easily damaged. Figure 2: Highly visible tree protection barriers. Avoid Direct Injury to Existing Trees There are four general forms of direct tree injury caused by mechanized equipment: bark removal, branch breakage, surface grading and trenching injury (Figures 4 and 5). Bark removal or "skinning" of the trunk can be caused by any type of equipment. This can easily kill the tree, because it cannot survive without bark. Breakage of lower branches may make the tree unsightly or remove too many leaves, causing stress. Surface grading removes surface vegetation and topsoil that contains many absorbing roots. Also, injury often occurs to the tree base. Trenching for utilities can also cause substantial root damage and should be done far away from existing trees. In new developments, this can be done easily. Where the trench must pass under or near a tree, avoid substantial injury by using a power auger to bore a tunnel under the roots. If trenching is unavoidable, place the trench as far from the trunk as possible (minimum 8 feet), cutting as few roots as possible. Cleanly prune cut roots and refill trenches as soon as possible to prevent excessive moisture loss. Wounds make the tree highly susceptible to root pathogens and decay fungi. Decline and death can result if more than 40 percent of the stem or roots are damaged or killed. Stressed trees are also more susceptible to insects such as bark beetles and borers. Avoid Soil Compation Problems After a tree is established, any activity that changes the soil condition is extremely detrimental to its health. Construction traffic compacts soil most severely near the surface, the area where the majority of tree roots lie (Figure 6). Soil compaction decreases soil permeability and interferes with essential gas exchange processes as well as surface and subsurface drainage. When root growth is restricted by compacted soils, less nutrients and water are available for plant growth. These factors limit root growth, reduce tree vigor and can cause tree death. Decline and dieback may gradually appear over a period of years. It is much easier to avoid soil compaction than to correct it. Keep construction traffic and material storage away from tree root areas. Apply a 4 to 6 inch layer of wood chips around all protected trees to help reduce compaction from vehicles that inadvertently cross the barricades. Avoid Soil Fills When excessive amounts of soil are added around a tree base, the additional soil interferes with normal air and moisture circulation to the roots (Figure 7). Soil fills subject roots to improper gas exchange and can lead to carbon dioxide or toxic gas buildup. Minor fills (less than 3 inches) will not harm most trees. The topsoil should be high in organic matter and have good drainage properties -- it should not be clay. Major changes in grading require an air supply to the roots. This can be accomplished with a drywell. Early symptoms of decline from excessive fill are small leaf size and premature fall coloration. Dieback of twigs and progressive dying of larger stems in the upper crown also occurs. This dieback may not be noticed for several years, depending on tree species and initial tree health. Avoid Soil Cuts Lowering the grade usually is less complicated than fills, but can be equally harmful. Where the grade has been changed near a tree, the most common damage is the complete severing of major roots in that area (Figure 8). This can cause decline, death or decreased stability to high winds. To protect the tree, terrace the grade (Figure 9) or build a retaining wall between the tree and the lower grade. Walls should encompass an area extending at least to the drip line. 44 Wheat Ridge Streetscape Design Manual Figure 4: Surface grading severs many roots. Figure 5: Trenching near trees can severely damage root systems. Figure 6: Construction vehicles can damage the existing soil structure by compressing soil particles. Figure 7: Within two years of adding 12 inches of soil, this tree died. New Grade Original Grade G 6 New Grade ; 0 • ° o a Figure 9: Terracing can substantially limit root injury. Reprinted with permission from Tree City USA Bulletin No. 7, National Arbor Day Foundation. 'C. Dennis, Colorado State Forest Service; and W.R. Jacobi, professor, bioagricultural sciences and pest management. Pruning Injured Trees Trees with injured roots may show branch dieback quickly or within a few months after the initial injury. Prune dying branches to reduce insect and disease damage to the rest of the tree. Also prune to reduce any hazardous conditions on preserved trees. It is better to wait until the tree exhibits branch die back to see how much to prune, rather than to arbitrarily remove parts of the crown because you assume the root system was damaged. Wildfire regulations may require pruning to a height of 10 feet all trees around your home and outbuildings. Additional Information Fact Sheets • 2.926, Healthy Roots and Healthy Trees • 6.302, Creating Wildfire- Defensible Zones • 7.419, Large Deciduous Trees Planttalk Colorado • 1709, Hiring a tree care company • 1721, Why prune shade trees? • 1724, Pruning shade trees • 1730, When to prune trees Websites • Colorado State University Extension county office, www.ext.colostate. edu/cedirectory/allcounties2.cfm • Colorado State Forest Service, csfs.colostate.edu/index.htm • American Society of Consulting Arborists, www.asca- consultants. org /index.html • Rocky Mountain Chapter of the International Society of Arboriculture, www.isarmc.org/pro/l*ndex.htrn Colorado State University, U.S. Department of Agriculture and Colorado counties cooperating. CSU Extension programs are available to all without discrimination. No endorsement of products mentioned is intended nor is criticism implied of products not mentioned. Wheat Ridge Streetscape Design Manual 45 Figure 8: Lowering the grade severs roots and kills trees. 46 Wheat Ridge Streetscape Design Manual APPENDIX B - RECOMMENDED PLANT LIST City of Wheat Ridge Wheat Ridge Streetscape Design Manual 47 Garden Centers of Colorado Rating Botanical Name Common Name Highest Water Use Medium Water Use lowest Water Use Acer ginnala Amur Maple Acer innalo'Baile Compact' Bailey Com act Amur Ma le Acer innala 'Compactum' Compact Amur Maple Acer ginnala 'Emerald Elf' Emerald Elf Amur Maple Acer innala 'Flame' Flame Amur Maple Acer tataricum Tatariam Maple Amor ha canescens Amelanchier sp. Amelanchier alnifolia Amelanchier alnifolia 'Regent' Amelanchieralniflia 'Autumn Brilliance' Amelanchier canadensis Lead lant Servicebe Saskatoon Servicebe Regent Servicebe Autumn Brilliance Serviceberry Shadblow Servicebe Aronia sp. Artemisia sp. Chokebe Sage Artemisia cans Silver Sa ebush Artemisia tridentate Tall Western Sagebush Arti lex canescens Four-wing Saltbrush Buddleia davidii Butterfly Bush Caryopteris x clandonensis Blue Mist Spirea Ceanothus fendleri Mountain -Lilac Ceratoides lanota Winterfat Cercocarpus sp. Mountain Mahogany Cercocarpus brevifolius Little- flowered Mountain Mahogany Cercocarpus intricatus Littleleaf Mountain Mahogany Cercocarpus ledifolius Curl -leaf Mountain Mahogan Cercocarpus montanus Common Mountain Mahogan Chamaebatiaria millefolium Fembush Chrysothamnus sp. Rabbitbrush Cowania neomexicana Cliffrose Cytisus sp. Broom Cytisus sco arius 'Moonlight' Moonlight Broom Cytisus pur ans 'Spanish Gold' Spanish Gold Broom Daphnes p. Euon mus sp. Da hne Euon mus Fallu is paradoxa Apache Plume Forestiera neomexicana New Mexican Privet Hippo hoe rhamnoides Sea Buckthorn Holodiscuc dumosus Juni erus sp. Rock Spirea Juniper Kolkwitzia amabilis Beau bush Ligustrum sp. Privet Ligustrum obtusifolium var. re alianum Regal Privet Ligustrum vulgare 'Cheyenne' Cheyenne Privet Ligustrum vul are'Densiflorium' U Privet Ligustrum val are ' Lodense' Lodense Privet Lonicera sp.* Honeysuckle Lonicero'Honeyrose' Hone rose Honeysuckle Lonicera korolkowii var. floribunda 'Blue Velvet' Blue Velvet Honeysuckle Lonicera s rin antho var. wolfii Lilac-flowering dwarf Honeysuckle Lonicera tatarica 'Arnold Red' Arnold Red Honeysuckle Lonicera xylosteoides'Clovey's Dwarf' Clave 's Dwarf Honeysuckle Lonicera xylosteoides 'Mini lobe' Miniglobe Honeysuckle Mahonia repens Creeping Grape Holl Perovskia arti licifolia Russian -Sage Philadelphus sp. Mockoran e Philadelphus lewisii Lewis Mockoran e Philadelphus microphyllus Littleleaf Mockorange Physocarpus sp. Ninebark Ph socar us monogynus Mountain Ninebark Physocarpus o ulifolius & cultivars Ninebark Pinus mu go Potentilla sp. Prunus sp. Prunus besseyi j Mugo pine lPotentilla I Cherries /Plums /Chokecherries I Western Sand Che Wheat Ridge Streetscape Design Manual 47 Note: ligustrum species contain thorns 48 Wheat Ridge Streetscape Design Manual Garden Centers of Colorado Rating Botanical Name Prunus fruiticosa Prunus tomentosa Prunus vir iniana Quercus gambelii Common Name Ground Che Nanking Che Native Chokecherry Gambel Oak Highest Water Use Medium Water Use Lowest Water Use Rhus sp. Sumac Rhus aromatica Fragrant Sumac Rhus aromatica 'Gro -low' Gro -Low Sumac Rhus glabra Smooth Sumac Rhus glabra var. cismontona Rocky Mountain Sumac Rhus trilobato Threeleaf Sumac Rhus typhina Sta hom Sumac Rhus typhina 'Lacinata' Cutleof Sumac Ribes sp. Gooseberry/Currant Ribes al inum Alpine Currant Ribes al inum 'Green Mound' Green Mound Currant Ribes aureum Golden Currant Ribes cereum Wax Currant Ribes 'Red Lake' Red Lake Currant Ribes ' Pixwell' Pixwell Currant She herdic sp. S iraea sp. Symphoricarpus sp. Buffalobe S irea Snowber Symphoricarpus albus White Snowberry Symphoricarpus chenoultii 'Hancock' Hancock Coralberry Symphoricarpus doorenbosii 'Magic Berry' Magic Berry Coralbe Symphoricarpus doorenbosii'White Hedge' White Hedge Snowberry Symphoricarpus occidentalis Western Snowberry Symphoricarpus oreophilus Mountain Snowberry S rin o sp. Lilac Syrin a h ancinthiflora all cultivars Early Lilac S rin a prestoniae all cultivars Late Lilac Syrin a vul aris all cultivars Viburnum sp. Viburnum lotano Viburnum 'Mohican' Viburnum lento o . Viburnum rh tido h Iloides'Alle han ' Common & French Lilac Viburnum Wayforin tree Mohican Viburnum Nannybe Alleghany Leatherleaf Viburnum Note: ligustrum species contain thorns 48 Wheat Ridge Streetscape Design Manual City of Wheat Ridge Recommended Grasses and Groundcovers Ornamental Grasses Garden Centers of Colorado Rating Botanical Name Common Name Highest Wafer Medium Water Lowest Water Snow -in- Summer Delos erma s . Use Use Use Agropyron cristatum Crested Wheat Grass Polvaonum afrine Himalayan Fleeceflower Pol onum'Border Jewell' Andro 0 on gerardij Big Bluestem Lavendar Cotton Sedum s ectabile Sho Stonecro Bouteloua curb endula Sideoats Gramma Grass Thymus pseudolanu inosus Wooly Thyme Veronica pectinata Blue Bouteloua gracilis Blue Grammo Grass Periwinkle Zinnia grandiflora Paper Flower Buchloe clactyloides Buffalo grass Calama rostis acutiflora Feather Reed Grass Chasmanthium latifolium Northern Sea Oats Descham sia caes itosa Hair grass Hair grass Erianthus Sacharrum ravennae Hardy Plume Grass Festuca arundinaceo Tall Fescue Festuca ovina glauca Blue Fescue Helictotrichon sempervirens Blue Oat Grass Imperato cylindrica'Red Baron' Japanese Blood Grass Miscanthus sinensis Maiden Hair Grass Oryzopsis hymenoides Indian Ricegrass Panicum virgatum Switch Grass Switch Grass Pascopyrum smithii Western Wheatgrass Western Wheatgrass Pennisetum alopecuroides Fountain Grass Pennisetum setaceum 'Rubrum' Purple Fountain Grass Phalaris orundinacea'Picta' Ribbon Grass Little Bluestem Little Bluestem Sorghostrum nutans Indian Grass Spartina pectinata Prairie Cordgass Sporobolus heterolepsis Prairie Dropseed Stipa Sp. Feather /Needle Grass Feather /Needle Grass Groundcovers Botanical Name Common Name Antennoria rosea Pink Puss Toes Cerastium tomentosum Snow -in- Summer Delos erma s . Hardy Ice Plant Euon mus fortunei varieties Wintercreeper L simachia nummularia Moneywort Polvaonum afrine Himalayan Fleeceflower Pol onum'Border Jewell' Himalayan Border Jewell Santolina chamaecyparissus Lavendar Cotton Sedum s ectabile Sho Stonecro Sempervirens s . Hens and Chicks Thymus pseudolanu inosus Wooly Thyme Veronica pectinata Blue Blue Wooly Speedwell Vinca minor'Bowles' Periwinkle Zinnia grandiflora Paper Flower Wheat Ridge Streetscape Design Manual 49 d H a co d a c 3 E o s D U K 50 Wheat Ridge Streetscape Design Manual 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 N m D D D D m D D D 9 m 0 0 D m D W D @ a W $ a W D m D W D D m W 9 @ a m W m $ OI $ OI W 9 D W D @ $ OI $ D ® P a W D riY nb ov oa .2 o of nb nb o`2 op ob .,2 iE b 3 a ° a iv a an as d� a do a o - �@ a s a H ob ob o� op ob op m m <„ m - o u m o n o 0 o 2 s° m $ a D o € - a p p m n° U v a s o o m �o f o St m ' S'. m o c c 8 2 30 m a o m o= E rc E c E ° E Eo c c E o m a _ i o m m g m E E@ ° E m `m n n n o E n m ° a ° e o - u 2- 2 2 S a° o c c fi .m mE na n H 0r `o= o mn $ - - ° _ um- 4 t o m m m c 6 o $ c a "' a o` 9 E < c mo �0 2 n2 = ffim o„ °o' E o 0 0 ^ m o0 ` u D ` ' .gn m E Y E o E E a mm nH 'o o - op °ma _ ° u ° m v o2 02 of io a tx EQ c o t3 c £ En m v o o a rfi 2 �i rc a m � o' $a E@ a ° m$ E a mE 2 c ti 2 - 0 y� o n �$ o. ° m m � 3 > ja `o n m ; n c$ o E °o o °� v m O > a > m o 2t o ° G ° u 2. 2 a m a_0 3 3_ 000 D �-$ D O 5.ffi t ° °O i l�� $5 0 o ma o - C) 3 c o OF O O m` g t7 o c a m o iz 'o c .; 0 o o C � ° is - a n _ u _ u a 5 m 3 3 3 m o u U a n H h ., 3 3 - t m ; n` o o E r m o o d s o `c_ a c `c E o m m m 2 w 2 m > o ^ `o® _ � o _ o ffi E o m m m m o m m o E o m a `o ; __ o w o m L 2 m c a m E A o m b b m = o _ °° a v m a n o n a v E or D o 3 c o E 0 D d ti E m rn m m` - b e D D° m m °' m or h m c °-' m a E o v „ _ ° m `� c u _o .:� 3 m 3 m n 3 b o m o E m m n O1 o a e m B' m 6, w L N jj' 0 - E $ r 3 m n 2 t H a N m m E _ _ o 3 n o o E d D_ o 3 E 5 "3 2 0 0 - o� m o a m o i' rn y o m m a W 3 m G a ° n 0 U o a ., g y 'O ® - ° C D o= O „ 2 a ., - a O O o D E o E_ u .. m o= •- ^O n E n •n a n [ a ` Ol rQ o 0 $ 2 o a s E o 3 PO E ° 3 H e ob > ? 2 n - c n o c o� ' m o m r a o o o o o - o a a o g c o m = `6 n o m nn n nn t n� 5p r o2 „ o 0 6 >? o om 0o o v g _ °o os o go oo a o - E, Fo " o m om @ a a m mo = _ O o o Y oa z@ ma @ m z 8 6 m o z = u a o'a o > 0m > D a 0 x 9 4 n a 9 R R m n - -° 0 0 o LL o LL o o 2 2 2 $ $ $ $ o a .E f o u x u a o E E f f f 3 F f f f f o E f f x x f f F E m 0 c o c n n f m F a m a n d 5 m m m m E n m n Z a o n E o f a o ? `° f E f m f ° $ V f o p c t c a ¢ o F 6 > a c 3 E o U o o E m U a $ O° n m m ° o °u ° m 2 3 m - m m a £ V F (7 Y Q Q ° Q Q ° U z E U O O m .� O D m N m O d O 2 E U ' v E g 'g m >° a j O 0 E ' Z o E `c c F _ cj 4 o n o a = o m 2 M °> E 2 E 2 E 2 E 2 E 2 E 2 E 2 2 E > - E E o a u n E 3 ° o n o E 0 o o a 2 m t 2 2 2 ° u ° u ° u iq c ° u u i q E 2 _ 0 a' u m a 2 _ 2 2 a o 0 o a o ^ 2 c ffi a ffi a ffi a � a a a ffi a a a u a a u a u a a ffi a a m a a < a m a ffi a a a < < u a a a < 50 Wheat Ridge Streetscape Design Manual d r m rn� a fp v o o U R D m C ° D c c' �' �' � �' n �' u u m u u u o u °� o o a °� _n m m O m m 1� LF $ m c E � E c E � E g E ° E E E n 5 n o� o n o n u m o n o n o n n ° e in sn m JI � rcv rco E E E E E E E rt _ r - _ t _ E� E a E a E a E a m F _ E a E a E a o o ° E a ° m m m o p o ° ° f o f o m ° e a o o m m 'o m m m ➢ £ o = o `o 0 2 o T t z a m o� - ^� _s - E c ^ a m n c n c g' = E w m W c t 3 o o o o' T° m ° D 9 ~ n m a - a ° ' D n x M ° U U E if G U C c `O ` i O E m o m D 0 m 0 m 0 m ° E $ p o D m m > ¢ m v pp m Y � °z nD °� ° Q ° GO ° n i m m= iU' gm fc f g F a f a 8 W - ° ° ° r2 s i x a S o 0 mom Umv m ° 0 C x E p m t K o 10 ° U 3 I n u n n u a 3 c m a 3 m 3 3 r t 3 3 u.a m m c a a m n v m a u 3 a 3 m m o n o c m m U U cp n O 3 r e m m t o ro a m m 3 m o E E� c m o E 2 - E o c o < E ° o o a E M : E .. E c n o a E `m of D m 3 - u _ o c c 3 u c 3 - ; - _° m m °� m m o o c o m m o. m^ m m a a w m o c = 3 E o D g m D c o g g V �' u -° o' 6, - E - 3 D w ° v m ° > o o e n n ° u -' d m m m E O > - m m £ 3 m m E > a = x x c E E g E o g m ° D E m n ..E-, E .Ea c m @ m a m m o g u o' m a c u d a o o 1 . m F _ E E E E n . E E $ E m E E E E m N - m O V c ° a m o o 5ti a d o S n n m �^ g E F °-' _ v o 0 0 m .. `u 3 o D `o m g E - o. 0 'o m L o W_ ro E E E g n Q ao o o E ° @ a o o _ ° o °- °_ 3_ - 3` °° E `- a n a a' m o $ E o a °' ° ° o 0 o a o E >° o o E b m om mm �c vm g® am n ° m vm gm v m m ., ° 1 o 0 a 0 o 0 H u ° o u n oa a a Q Do 0 0 m c a c � c `mo cn 'o ac61 2 59 `rn a - o t g 0 °° m a - rc _ oQ o - o r n c os S� u� oD g'� nm o O o n ° �b 0 O` m o 00 �> n non o - n n 9 n = - - m 'oT o 0 m a A R F S R _ _ _ _ _ _ R R R - n R _ n _ S S `d _ x o m 2 0 0 0 0 LL m a i o o m LL 3 LL LL LL LL _ W W _ 3 LL x d a LL LL LL I 8 f D O O n f O o E O D f O D g 9 U f O ° o f O p E f F f % E E F f U c o a m o g t w m _°' E °m a E E o E 0 �- Y E E F r m m u `m u z u .2 m mii Z E x° ? m ° a g o m �. rc S m ° x o i x x m '^ x E E 4 E v 3 m a,' 0 E E ¢ E E 2 c`fi. LL a o U c5 o O 0 U 0 = 2 a' .m b u c 2 N o o m o' m n - 3 m b U o 'a E ¢ ° . a f E ? a m @ a m z F S E m a Q u m £ m 8 m 3 c E ° ? a o U o u _ o E °° o °OO °u o E b 2 m r c ° u u ° 'a m o o a o - o w w d w E m = U n 2 o a o ° u ' m 3 c- . E m` m ro 0 `o m `o LL u '° '" u' "' 'u '" u '" 7 c c g c E -= m E m e E° m E= m E m E m E m _° _ _p & ° o o n m` & ° o o ° m F u a a a a a a a m m' a. a a am a ae ax a a a u u u u u u u u u Wheat Ridge Streetscape Design Manual 51 v r a h K a m L E O E UK c ° e m y m m t m v v S m O n o E o E E _ E _ E _ E o m E m m m m m D D cn D a ° ? ° c ° c m v c v '0 0 0 `0 `o ; 3 .; c m G 0 m 0 ° c « « 6 0 4 m U + U U U U U O L U �c O L Nc O L H e „E,c „E,cc O L „E, c O L rc O L m m m o n v £ Lo $ _ o E m o m c E u a m x F v2 2 E .. 2 0 ° uE 60 ° E E Em n n $ 73 n ^ ° . 5 p m m v n m E u a E u a° Z U � v i ° t a = N 9 a 0 y U o F 9 ? m ¢ r O °v O O Q d L C C E w m O C Y a v 0 o o m o u u- n n m `o ° ° a 5 ° c° t n o g o E =c4G D °° v u o €S'cSo m n o d o o US ° tl nv.� n `m as ffi o u n a•^ U o L gU E o n ° ° °-' i t ° u_ `m . Y `o m °.n° o v£. 8 °„ c v 6 o 1 0 m 3 9,0 ® P n c> m o sp o' O ' o o of EE m ° c v °- n t c £ t ° ° F �'n$o d g 3 Yo o m o tl m ` �°n° m° m 3 nPdoo t , E t �cg n aE oro5 F m o ° �m - c £ E v° ° •' ° °c S a ° u y n °, ° moo' >m ova ®m$ m .� Em °m oa ar Ev m .o® E m E � n E q o om v �w E6^° °mo °oo E nnB to�a °Eo o ° n `0 0 >m -3° gO N° i'ii a ° pa 6 in ° n ° U n ; 4 `o n � P - ° E °' o `� Y o 0 0 9 0 _ 3 = 0 n 3 = "do ce cL .2 cL t to .�_N No ? m c C �o ° c ° c c c ° c rog nw m m u o 3 3 &~ c a a me `mi me me f o 3 v > h y r ti r C . ° ` 3 3 C 3 O O & 3 Y m O 2 m ; E Y 0 O b O E 3 3 L o & $ 'o 3 -° m v v y O O ^O m z E c O m m m y m o m p1 U m C D c v m 9 & "O n o m o a E D `o 0 0 0 a° a m n n S E E E m o °m m m o _ U H ° E U m ? E U V c m U c u U c o m h O O« m m o N E o U E 0 D `d n a D a H o ° 75 o v a 3 F? 0 E N 0 o a o o n m £ E E a °u o 3 E r ° c O ° c c O O O O m a V o o o n` ° ° m 3 v v ° m m n 5 o 3Q v E Q ° m ° m °u m °° m ° u m °u ° t °u E o'- E E= g ° g c 2 m a Q o E a g W E E E E E E n B EE3 o aE _ v _ �3 v 0 O S •d x r R R R R R R r _ 5i F Si S3 53 ,2 2 LL o p 0 0 0 LL 5 a o E 0 o c c .m o c o D f D f 0 D f f D f 0 °o u 0 f f ° f X . X m f a o f 0 f ? f 0 0 f 0 0 E E E D E E 5 5 o E L a c o a o Z z ° `o o m n o E = U E _c U m m a ° `o L o L L v o 0 e E _ _ ° m rc d 0 E 3 ° g ° = E p c v ° U U i w ° ° E_ u i 3 f ° U f - a o ° n °c ° 0 E 0 E m m v D o o c U -° 8 ° o - E o y 3 0 0 - 0 - `° - o - 'm o o r E m o u m c c U C O u' m O . O N O U O „ o p - E > o > n n > �.. >- n > c u c O C = U U U U U O U O U O U U U U U U 5 .t O m O _ O U O U l7 52 Wheat Ridge Streetscape Design Manual d F m d a " N K m c `0 0 U K Wheat Ridge Streetscape Design Manual 53 a d a a D D 0 o n N m m u u u u b u u 5 u I u u ° c ° c ° c `- ` ` 3 ` g c c `° u c `' �t ffi o n �u aau o i - o n a n v $� a n n n a n n n a n 5 n n m n n n n a n n n a a a n a a o a a s 0 F f 0 F _'o- o=' o .,, _'o `= - p"� - - 3 U Q U U o U Q o U U o U U` Q u o U Q U Q U o LL U o o U U Q U U m o p m ° EU „ m d m Lg m 0 c 2 D - - o `o mn m m o n z o c to a E m o o c o. v u 5 o v a - o a O C ,� m `o 0 O 0 0 3 3 to `u ; O ^gd n z a u u r ¢ m - ° o 0 o E 19 c` °u o ° o a ? ro 2 2 u o y Y m a t T a N E m m m c 'uc 3 0 s D m E ° m$ - 2 0 o t U o m o u am am m u o o o m C ° 3 v t'v o 0 E uQ r> E o� = m n a o > o ° o °m a w o.; a °mu o a l9 E _c $ o o E $ g'mu 3m Lt a'm e o Do 3c� ma E8 $m Q m` rn U Iry _m9 u= aQ cc �m n c E c n .c °£ & o ;` ID m ° U mc Q o `o '.`. ° O� .,. 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(9 - (� (� 2 U u F F F F F F F F F F F F F F F F F F Wheat Ridge Streetscape Design Manual 53 d H a � K m a G o U K 54 Wheat Ridge Streetscape Design Manual m a _ ° D $ gi n m E E E E _ 5 _ _ u - u mo m r c t E E c ry n h - _ n d = = = = 3 E m 3 E 3 E .E' r ? ? E m Sp c a c m m E E E E E E E 0 0 0 a $ n° 0 0 U U` 0 U 0 U` 0 0 U U 0 o U U u E moo' °` u _ 'o o L n u o mo o' `o u u 5 E _ E E E E _< E _< E ' U ' U U U U ' U E E o v p m - „y rn p 3 of C m C O) o D o ° o u ° j b u m o o v U a m Om m U — 0 m u �° g t U ° ° O O D �' D ; 0 D D U U a o Q t O a Q a 0 0 0 m b Me n m C, _ 2 m t m o m m n` m U LL 4L u ° m W E 0 0 0 D @ @ n oh D m m v ` C . 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E U _ m a > a - ; m E' H i m U a 9 m E a t 7 S o c m a s m m u v m u U o � a ° m c c E t ¢° Y o E U °° Dm rc o U y �°, '� > 3 3 < m i a m v ° v '� f i w' ° U 0 g O D° o E o . o E m i " ao o. 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ZOA -11 -01 N PUBLIC HEARING N CODE CHANGE ORDINANCE Case Manager: Lauren Mikulak Date of Preparation: February 9, 2011 SUMMARY: The attached ordinance proposes an amendment to the Code of Laws to allow one (1) trash dumpster up to two (2) cubic yards on residentially zoned properties with one - and two - family dwellings. Currently, the zoning code allows residential properties with one- and two- family dwellings a trash receptacle no larger than one and one -half (1.5) cubic yards, subject to regulations regarding screening and placement. The proposed code amendment changes the maximum allowed dumpster size to reflect current industry standards. Notice for this public hearing was provided as required by the Code of Laws. ZOA- 11 -01/ Residential Dumpsters BACKGROUND Section 26 -614 of the Code of Laws provides for the size, screening, and placement of trash receptacles in a variety of zone districts. This section of code was reorganized and amended in September 2009 pursuant to approval of Case No. ZOA- 09 -04. The attached ordinance proposes a minor revision that responds to a long history of code violations and reflects current industry standards. History From 1996 to 2009, the largest allowed residential dumpster was one (1) cubic yard. In 2005, City Council discussed policy options for dumpster regulations, but no direction was given to move forward with amendments. In 2009, in response to several code violations throughout the City, the issue of residential dumpsters was revisited. Multiple study sessions were held with City Council and Planning Commission, and direction was given to amend the language in the Code of Laws to reflect current standards. Pursuant to ZOA- 09 -04, Section 26 -614.13 currently allows single and two - family dwellings in residential districts to have one (1) trash dumpster up to one and one -half (1.5) cubic yards. One property owner in particular has repeatedly been cited for a non - compliant dumpster. In 2005, the property owner voiced to City Council her difficulties in keeping a code compliant dumpster. More recently, she received a code violation in August 2010 in part because the dumpster onsite exceeded the new 1.5 cubic yard maximum. The property owner stated that dumpsters are not available in sizes of one and one -half (1.5) cubic yards; the City's property inspector confirmed this statement with the trash provider. Industry Standards — Dumpster Size Wheat Ridge residents are served by multiple trash providers. In addition to providing standard trash receptacles to one- and two- family homes, refuse companies also offer dumpster service on a contractual basis. Generally, two types of dumpsters are available from local providers: front loading and open top roll -off dumpsters (see Image 1). Front load dumpsters often include lids; open top roll -off dumpsters are more commonly used on construction sites. Data from refuse providers in the Denver Metro area shows that two (2) cubic yards is the smallest industry standard for front load dumpsters. Table 1 identifies the smallest available dumpsters from local providers. It also notes those providers that the City includes in its online resource directory under "Garbage & Recycling." ZOA- 11 -01/ Residential Dumpsters Table 1: Dumpster i Company Name EDS Waste Solutions Inc. D enver Smallest Front L oad cu bic 1.5 * Smallest Roll 6 i Y Waste Management 2 10 Y Alpine Waste & Recycling 2 15 Y Allied Waste 2 20 Y Garbagio none available 5 Sam's Hauling none available 6 Dumpster Rental Denver none available 10 Pro Disposal Inc. none available 10 Yellow Box none available 10 Affordable Rolloff none available 12 Rolloff Remedies none available 12 * When available; EDS has a limited supply of 1.5 yard dumpsters and more commonly provides 2 yard dumpsters. The information in Table 1 confirms the findings of the City's property inspector and statements made by Wheat Ridge property owners. Many refuse providers do not offer front load receptacles, but of those who do the current industry standard for the smallest available dumpster is two (2) cubic yards. Image 2 illustrates the dimensions of this and other front load dumpsters. 60" _f/CUBIC YD � 32" 35 2 CUBIC 34" 43" 4 CUB ' 48' • 72" ► 72" 72" I i 661/ 78" 7 6 CUBIC YD 51 CU BIC 52" T T 1 72" + 72" Dumpster dimensions are from Waste Management of Colorado and are consistent with those presented as part of Case No. ZOA- 09 -04. RATIONALE FOR AMENDMENT ZOA- 11 -01/ Residential Dumpsters 3 The intent of the attached ordinance is to provide a viable option for property owners to have dumpsters on residentially zoned properties with one- and two- family dwellings. The proposed code amendment changes the maximum allowable dumpster size to reflect current industry standards, which may reduce the frequency of dumpster - related code enforcement issues. The proposed regulation amends the size restrictions in Section 26- 614.B: • Maximum size: 2 cubic yard trash dumpster for one- and two- residential structures in residentially zoned areas Currently, Section 26 -614.0 allows residential structures on agriculturally -zoned property to have one (1) trash receptacle larger than one and one -half (1.5) cubic yards. For consistency, the proposed ordinance allows receptacles larger than two (2) cubic yards on these properties. The existing ordinance prohibits residential dumpsters in the front setback and requires all dumpsters to be screened from view from any public street and from any adjacent properties. No change is proposed for these placement and screening requirements. New language in the proposed ordinance is bold and highlighted. Deleted language is strike - through and highlighted. RECOMMENDED MOTION: I move to recommend approval of the proposed ordinance amending Section 614 of Chapter 26 concerning residential dumpster regulations." Exhibits 1. Proposed Ordinance ZOA- 11 -01/ Residential Dumpsters EXHIBIT 1: PROPOSED ORDINANCE CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. ORDINANCE NO. Series 2011 TITLE: AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCERNING RESIDENTIAL DUMPSTER REGULATIONS WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council wishes to amend the Wheat Ridge Code of Laws (the "Code ") with respect to trash dumpsters. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26 -614 of the Code is amended to read: Sec. 26 -614. Trash storage area screening. A. Trash storage for all existing and new multi -unit dwellings, institutional buildings, all business and industrial buildings or uses and agriculturally -zoned properties shall be accommodated within the structure, or if located outside: 1. Shall be located or screened so as not to be visible from any public streets, and; 2. Shall be screened when located within one hundred (100) feet of any one -or two- family residential structure. If screened by a fence or wall, a fence permit and site plan shall be required, and such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters and the required screening shall not be located within five (5) feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be protected from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if the screening is damaged and /or dilapidated, or in need of repair, and the area around the screening shall be kept free of junk and trash. B. One- and two- family residential structures in residentially zoned areas are permitted to have one trash dumpster no larger than . two (2) cubic yards in size and are subject to the following conditions: 1. Trash dumpsters may not be stored wholly or partially within any portion of ZOA- 11 -01/ Residential Dumpsters the front setback of the lot, and; 2. Any trash dumpster shall be screened from view so not to be visible from the public right -of -way or adjacent properties. If a trash dumpster is screened by a fence or wall, a fence permit and site plan shall be required. Such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters and the required screening shall not be located within five (5) feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be protected from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if the screening is damaged and /or dilapidated or otherwise in need of repair. The area around the dumpster and screening shall be kept free of junk and trash. C. Residential structures on agriculturally -zoned property shall be permitted to have one (1) trash dumpster. The dumpsters on such lots may be larger than °-two (2) cubic yards in size and shall meet the requirements set forth in Section 26- 614(A). D. In no instance shall trash screening for any commercial, industrial multi - family, agricultural, or other residential property be permitted to become a sight, traffic, or safety obstruction for driveways or street corners. No such screening shall displace required parking spaces, or landscaping, unless reviewed and approved by the Director of Community Development as an administrative variance after considering all reasonable alternatives. An administrative variance, to the prior sentence only, shall follow the procedures set forth in section 26 -115, but shall not be limited to the fifty (50) percent provisions thereof. E. Temporary construction dumpsters and temporary storage containers may be allowed in all zone districts at active construction projects only, and must be located on private property. If impractical to locate on private property, a right -of -way permit may be obtained from the public works department pursuant to Article III of Chapter 21 of the Wheat Ridge Code of Laws. Temporary construction dumpsters and temporary storage containers shall not be located so as to create sight, traffic, or safety obstructions. Temporary construction dumpsters and temporary storage containers must be removed within fourteen (14) days of construction completion. F. Screening is not required for dumpsters that are used by the community exclusively for the purpose of recycling. Dumpsters used for this purpose must be clearly labeled as recycling dumpsters. (Ord. No. 2001 -1215, § 1, 2- 26 -01; Ord. No. 1284, § 1, 4- 28 -03; Ord. No. 1454, § 1, 9- 28 -09) Section 3 . Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection ZOA- 11 -01/ Residential Dumpsters f of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4 Severability, Conflicting Ordinances Repealed If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5 . Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2011, ordered it published with Public Hearing and consideration of final passage set for , 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011. SIGNED by the Mayor on this day of , 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: ZOA- 11 -01/ Residential Dumpsters