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HomeMy WebLinkAboutZOA-04-05INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 14-2004 Ordinance No. 1330 Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPE REGULATIONS WHEREAS, the City of Wheat Ridge has adopted legislation pertaining to the regulation of and requirements for landscaping on private property; WHEREAS, the City of Wheat Ridge recognizes that the drought and the need for water conservation in the region has become increasingly more critical; WHEREAS, the City of Wheat Ridge would like to encourage landscape practices that utilize xeric/waterwise design principles. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 502 of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows Sec. 26-502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. B. Landscape plan: A landscape plan is required to be submitted with the required building permit or development plan for all institutional, public, semi-public, multi- family, commercial and industrial development, redevelopment, addition or change in use. The plan shall be approved by the director of community development in The following information shall be included in the plan: 1. Date, north point and scale (scale not to exceed one (1) inch equaling forty (40) feet with one (1) inch equaling twenty (20) feet desirable), name and location of the development; name(s) of owner(s); name, address and telephone number of person or firm preparing the plan; name and telephone number of the contact person for the project. 2. Topographic contours and spot elevations on final grading plan adequate to identify and properly specify landscaping for area needing slope protection. 3. Location of property lines with dimensions, adjacent streets and right-of-way, drainage features, building and structures, parking, loading and vehicular circulation areas, driveways, underground and/or overhead utility lines, and traffic sight distance triangles. 4. Landscaped areas on the site including: a. Locations, dimensions and square footage of all landscaped areas. This shall include calculations for total lot area, total landscaped area, area of living vegetation and area of non-living material. b. The locations, types, sizes and quantities of proposed plant and other materials. Common and botanical names shall be identified adjacent to all plant material or by use of a key and legend. c. The location, size, materials and treatment of non-living landseages landscaped areas. d. The species, location and size of any existing plant materials to be preserved. e. The species, location and size of any existing plant materials to be removed. 5. Location and type of the irrigation system provided. 6. A description of existing trees which are proposed to be preserved during site preparation and construction. C. Landscape area requirements: 1. Any combination of two (2) or more of the following: grass, flowers, shrubbery, deciduous and coniferous trees, which shall be maintained in an orderly manner. The use of non-living material such as bark, rock or ornamental objects shall not exceed twenty (20) pefee in thirty-five (35) percent of the required landscaping area. In no event shall varianees be appf eved v4iirah Feduee liNing matefials to less than fifty (50) pefeent of th teW r xer-iseape (lew water use) phan'ng-desiga Coverage shall be determined for the projected growth after two (2) full growing seasons. 2 2. The growth of any plantings or the erection of any landscape structure or berm is regulated by section 26-603B. 3. Except for approved street trees, the landscaping required eB in the right-of-way between the property line and the curbline shall not be permitted to obtain a height greater than thirty-six (36) inches above the level of the roadway. 4. Landscaping shall be installed only on the property to be developed or for which a building permit is applied. For properties with existing development, landscaping in addition to existing landscaping shall be required on a percentage basis determined either according to square footage added, or substantially altered, or value added to the premises by proposed improvements, whichever is higher, up to the maximum required for that district. Existing valuation and valuation of proposed changes shall be based on valuation tables within the adopted building code. The term "substantially altered" means that the value of remodeling excess fifty (50) percent of the value of the building prior to such improvements. 5. All new landscaped areas shall be served by a functioning automatic irrigation system which combines drip and subsurface irrigation with high efficiency sprinklers except on individual single-family and duplex residential lots. The requirement for a functioning automatic irrigation system may be waived with an approved xeriscaping/waterwise plan. All new irrigation systems shall be designed to be zoned according to water needs of proposed plant materials. There should be separate zones for turf grasses and shrub bed areas, for sun and shade and other climatic conditions and according to the water demands of the plant material. All new irrigation systems shall be equipped with automatic rain shut-off devices. 6. In all districts, any area of the lot not covered by building, parking, walkways, storage or display area must be landscaped. Recirculated water shall be used for new decorative water features and fountains. 8. Artificial turf or plant materials are not allowed. 9. The irrigation of landscaped areas shall be consistent with the restrictions imposed by the water district in which a property located. 10. No person, organization, or association may create or impose restrictive covenants, conditions, restrictions, deed clauses or other agreements between the parties that prevent the use of xeric/waterwise landscaping. D. District requirements: 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 50% 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. b. In addition to trees required based upon public street frontage, one (1) tree and five (5) 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 60% 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. 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. b. In addition to trees required based upon public street frontage, one (1) tree and €rve (3) 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: 4 (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 I-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. (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 non-residential developments, no more than 30% 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. (4) (5) Additional requirements may apply if the project is located in the Streetscape 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; however, offsite landscaping cannot reduce the onsite requirements. E. Landscape buffering for parking lots. 1. Whenever a parking lot boundary adjoins property zoned for low- or medium- density residential use, or if zoned agricultural but developed as residential, a landscape buffer of six (6) feet from said lot boundary shall be required. Within the six-foot landscape buffer, a six-foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other acceptable groundcover or trees and/or shrubs shall be planted within the landscape buffer areas as approved by the director of community development through a landscape plan. 2. When a parking lot is placed between the public right-of-way and the structure(s), a screening of the parking area shall be established between the right-of-way and the parking area. This view-obscuring screen shall be composed of live plantings, berms, fences or walls, or a combination thereof. The height of the screening shall be subject to the sight distance triangle requirements. See section 26-603. F. Plantings. 1. In all cases, the use of xeric/waterwise plant materials is encouraged. 1- 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. h. When required in the Streetscape Overlay District, street trees within or adjacent to pedestrian walkways shall be a minimum of three (3) inches in caliper with a minimum of seven (7) feet of head clearance to the lowest branches. 2 3. Completion of landscaping. When the fmal 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. G. 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. H. Acceptable street trees shall be determined by the community development director, in eensultmien v 64h the eity f -e e-. Street trees in the Streetscape and Architectural Design Overlay districts shall conform to the plant list contained in the streetscape and architectural design manual. I. Waivers and variances. Generally, for waivers and variances, see section 26-115. Whenever a waiver or variance is required which would be reviewed by the board of adjustment, planning commission or city council, such request shall be .ec f.va is the sivy consideration should be given regarding alternatives to total waiver requirements (for example, substituting planter boxes or hanging baskets for normal ground landscaping). Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 12th day of July 2004, 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 August 9 12004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 9th day of August , 2004. SIGNED by the Mayor on this 10th ST: ela Y. de son, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GER 'XL- DAHL, CITY A EY OT publication: July 15, 2004 2nd publication: August 12, 2004 Wheat Ridge Transcript Effective Date: August 27, 2004 CITY COUNCIL MINUTES: August 9, 2004 Page -2- APPROVAL OF THE AGENDA Motion by Mrs. Rotola to remove Item 6 from the Agenda at this time; seconded by Mr. Gokey; carried 5-3 with Councilmembers Stites, Sang, and DiTullio voting no. Motion by Mrs. Sang to amend the Agenda to add Item 6: MOTION TO ALLOW FOR THE USE OF BANNERS FOR THE 357" ANNUAL CARNATION FESTIVAL AND PARADE; seconded by Mr. Gokey and Mrs. Rotola; carried 7-1 with Mr. DiTullio voting no. Motion by Mr. Gokey to approve the Agenda as amended; seconded by Mrs. Sang; carried 7-1 with Mr. DiTullio voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNCIL BILL 14-2004 - AN ORDINANCE AMENDING CHAPTER 26 j, OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO W LANDSCAPE REGULATIONS. (Case No. ZOA-04-05) Council Bill 14-2004 was introduced on second reading by Mr. Stites. Pamela Anderson assigned Ordinance No. 1330. Ms. Anderson read the executive summary. Meredith Reckert presented the staff report. Motion by Mr. Stites to approve Council Bill 14-2004 (Ordinance No. 1330) on second reading and that it take effect 15 days after final publication; seconded by Mr. DiTullio. Motion by Mr. Gokey to amend paragraph 5. on Page 3 to read "Ali new irrigation systems are strongly encouraged to be equipped...."; seconded by Mrs. Rotola; failed 3-5 with Councilmembers Stites, Rotola, and Gokey voting yes. Original Motion carried 8-0. P ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 12, 2004 TITLE: COUNCIL BILL NO. 14-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPING REGULATIONS (CASE NO. ZOA-04-05) ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: July 12, 2004) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No /1 ~1~ Community Development Director EXECUTIVE SUMMARY: City Manager Section 502 of Chapter 26 pertains to the City's regulations for landscaping on private property. Staff is recommending changes to the existing legislation to recognize the existing drought conditions and encourage landscape practices, which are more consistent with the climate of the region. The existing language was adopted when Chapter 26 was repealed and reenacted in February 2001. Many of the proposed changes are to the existing language for correction and clarification. The significant changes include the following: • Increases the maximum amount of non-living landscaping from 20% to 35%. • Requires all new landscaping installed to be served by an automatic irrigation system zoned according to plant watering needs. • Requires new fountains and water features to use recirculated water. • Prohibits artificial turf and plant materials. • Limits the amount of turf allowed for new single and two-family residences to 50%. • Increases the amount of required shrubs from five to ten per 1000 square feet of required landscaping for multi-family and non-residential developments. • Limits the amount of turf allowed for new multi-family projects to 60% and for new non- residential projects to 30% • Encourages the use of xeric/waterwise plants in all landscape plans. • Requires the adjacent property owner to maintain landscaping in the right-of-way. Planning Commission reviewed this request at a study session held on May 20, 2004 and a public hearing on June 17, 2004 where a recommendation of approval was given with one condition. BOARD/COMMISSION RECOMMENDATION: Planning Commission reviewed this request at a study session held on May 20, 2004 where the following suggestions were made: • Although artificial turf is not presently allowed, consideration should be given in the future to the new artificial turf presently being tested in the Denver area. • Allow up to 33% of required landscaping to be of nonliving materials and prepare a list of prohibited water intensive vegetation and suggested water efficient landscaping. Make major adjustments in requirements for high performing irrigation systems. • Multi-family developments need more grassy areas than single-family housing. • The types of turf (drought tolerant vs. high water use varieties) and the maximum amount of coverage should be differentiated. Planning Commission reviewed the proposed amendments again at a public hearing held on June 17, 2004 where a recommendation of approval with one condition was made for the following reasons: 1. The changes respond to the current drought, which have become increasingly more critical. 2. The changes require and encourage landscaping practices that are more consistent with the climate of the region. 3. The changes will still result in quality landscaping development for projects. With the following condition: Multi-family and commercial properties will require ten shrubs, rather than five, per every thousand square feet of required landscaped area. STATEMENT OF THE ISSUES: Several of Planning Commission's suggestions and their condition of approval have been incorporated into the ordinance. Suggestions which were not included in the ordinance were: • Prohibited/ recommended plant lists: There are numerous resources available regarding plant varieties and their water demands. Included in these resources is the City's Streetscape and Architectural Design Manual adopted as an addendum to the zoning and development code. The manual identifies different varieties of trees, shrubs, and ground covers and specifies appropriate planting areas and water usage for each. The streetscape manual is available for inspection and purchase in the Community Development Department. It has also been included as a link on the city's website. Requirements for high performing irrigation systems: There are "help" guides available from the Colorado State University Cooperative Extension that address irrigation design and xeric landscape design. Other organizations that have resources available for consultation include the Office of Smart Growth (Model Water-Efficient Best Practices Manual) and Green Industries of Colorado (Best Management Practices for the Conservation and Protection of Water Resources in Colorado). Differentiation between low and high water turf varieties and permitted coverages: Staff has consulted 12 different municipalities and other industry sources for this information. We have been unable to find any differentiation between low and high water demand turfs and corresponding lot coverage allowances. For this reason, we felt we had no basis to make an uneducated guess about what is appropriate. ALTERNATIVES CONSIDERED: Do not approve legislation. FINANCIAL IMPACT: There should be no financial impact to the City of Wheat Ridge if the legislation is approved. RECOMMENDED MOTION: "I move to approve Council Bill. No. 14-2004, Case No. ZOA-04-05, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to landscape regulations, on second reading, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 14-2004, Case No ZOA-04-05, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to landscape regulations, on second reading, with the following findings: 1. 2." Report Prepared by: Meredith Reckert, 303-235-2848 Reviewed by: Alan White Attachments: 1. June 17, 2004, Planning Commission report 2. Council Bill No. 14-2004 zoa0405CouncilActlstreading City of Wheat Ridge Community Development Department Memorandum TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-04-05/Landscaping Regulations DATE: June 8, 2004 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing.. Background Attached is an ordinance amending Section 26-502 of the Zoning and Development code relating to landscaping on private property. On May 20, 2004, staff discussed proposed changes with Planning Commission at study session. The following suggestions were made: Although artificial turf is not presently allowed, consideration should be given in the future to the new artificial turf presently being tested in the Denver area. • Allow up to 33% of required landscaping to be of nonliving materials and prepare a list of prohibited water intensive vegetation and suggested water efficient landscaping. Make major adjustments in requirements for high performing irrigation systems. Multi-family developments need more grassy areas than single-family housing. • The types of turf (drought tolerant vs. high water use varieties) and the maximum amount of coverage should be differentiated. Staff was directed to prepare recommended changes in ordinance form for Planning Commission public hearing. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in sttiketiffough. Planning Commission's suggestions, which were incorporated into the ordinance, are designated in bolded italics. ATTACHMENT Summary of Ordinance Changes The legislation proposes the following major modifications to the existing regulations: • Section 26-502.C.1. (page 2): Increases the maximum amount of non-living landscaping from 20% to 33%. This figure was reduced from 50% to 33% as suggested by Planning Commission. • Section 26-502.C.5. (page 3): Requires all new landscaping installed to be served by an automatic irrigation system which allows for a combination of drip, subsurface irrigation and high efficiency sprinklers zoned according to plant watering needs. Requires an automatic rain shut-off device. • Section 26-502.C.7. (page 3): Requires new fountains and water features to use recirculated water. • Section 26-502.C.8. (page 3): Prohibits artificial turf and plant materials. New technology will be monitored for improvements as suggested by Planning Commission. • Section 26-502.C.9. (page 3): Requires compliance with water district regulations for watering. • Section 26-502.C.10. (page 3): Prohibits HOA's and restrictive covenants from prohibiting xeric/waterwise landscaping. • Section 26-502.D.1.c. (page 4): Limits the amount of turf allowed for new single and two-family residences to 50%. Encourages the use of low water demand turf varieties. • Section 26-502.D.2.e. (page 4): Limits the amount of turf allowed for new multi-family projects to 60%. Encourages the use of low water demand turf varieties. Planning Commission suggested this figure be increased from 30%. • Section 26-502.D.3.c.4. (page 5): Limits the amount of turf allowed for new commercial projects to 30%. Encourages the use of low water demand turf varieties. • Section 26-502.F.1. (page 6): Encourages the use of xeric/waterwise plants in all landscape plans. Added to meet Planning Commission's concerns regarding prohibited and required plant lists. • Section 26-502.G.3. (page 7): Requires the adjacent property owner to maintain landscaping in the right-of-way. 0 Miscellaneous changes to language for correction and clarification. • Removes all references to the city forester. Staff Comments Staff has the following comments regarding Planning Commission's suggestions which have not been incorporated into the ordinance. Prohibited/ recommended plant lists: There are numerous resources available regarding plant varieties and their water demands. Included in these resources is the City's Streetscape and Architectural Design Manual adopted as an addendum to the zoning and development code. The manual identifies different varieties of trees, shrubs, and ground covers and specifies appropriate planting areas and water.usage for each. The streetscape manual is available for inspection and purchase in the Community Development Department. It has also been included as a link on the city's website. Requirements for high performing irrigation systems: There are "help" guides available from the Colorado State University Cooperative Extension that address irrigation design and xeric landscape design. Other organizations that have resources available for consultation include the Office of Smart Growth (Model Water-Efficient Best Practices Manual) and Green Industries of Colorado (Best Management Practices for the Conservation and Protection of Water Resources in Colorado). Differentiation between low and high water turf varieties and permitted coverages: Staff has consulted 12 different municipalities and other industry sources for this information. We have been unable to find any differentiation between low and high water demand turfs and corresponding lot coverage allowances. For this reason, we felt we had no basis to make an uneducated guess about what is appropriate. Recommended Motion "I move that Case No. ZOA-04-05, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding landscaping regulations, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. The changes respond to the current drought which have become increasingly more critical. 2. The changes require and encourage landscape practices that are more consistent with the climate of the region. 3. The changes will still result in quality landscaping development for projects." Exhibits: 1. Original memo to Planning Commission dated 5/14/04 2. Minutes of Planning Commission meeting dated 5/20/04 3. Proposed Ordinance City of Wheat Ridge of ""EgTP Community Development Department Memorandum ~~~oRP~~ TO: panning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-04-05/Landscape Regulations Modifications DATE: May 14, 2004 The following are proposed amendments to the existing landscape regulations in the zoning and development code. Deletions are shown with strand new language is in bold typeface. All proposed modifications are shown with shadowing: Staff is in the process of checking with other cities' landscape ordinances for comparison purposes. A handout with our findings will be available at the study session. • Section 26-502.B. (page 1): Modifies the requirement for approval of landscape plans from institutional land uses to public/semi-public land uses. Removes the reference to the city arborist. • Section 26-502.B.4.c. (page 2): Adds the requirement to identify materials to be used for non-living landscaped areas. • Section 26-502.C.1. (page 2): Increases the maximum amount of non-living landscaping from 20% to 50%. • Section 26-502.C.3. (page 2): References landscaping "in" the right-of-way, not "on" the right-of-way. • Section 26-502.C.4. (page 2): Modifies reference from the UBC to the "adopted building code". • Section 26-502.C.5. (page 2): Requires all new landscaping installed to be served by drip or subsurface irrigation system which is zoned based on plant type. Requires an automatic rain shut-off-device. Something to consider is whether we should require wind sensors too. • Section 26-502.C.7. (page 3): Requires new fountains to use recirculated water. • Section 26-502.C.8. (page 3): Prohibits artificial turf and plant materials. • Section 26-502.C.9. (page 3): Requires compliance with water district regulations for watering. EXHIBIT 1 • Section 26-502.C.10. (page 3): Prohibits HOA's and restrictive covenants from prohibiting water wise landscaping. • Section 26-502.D.1.c. (page 3): Limits the amount of turf allowed for new single and two- family residences to 50%. • Section 26-502.D.2.e. (page 4): Limits the amount of turf allowed for new multi-family projects to 30%. • Section 26-502.D.3.e.4. (page 4): Limits the amount of turf allowed for new commercial projects to 30%. • Section 26-502.G.3. (page 6): Requires the adjacent owner to maintain landscaping in the right-of-way. • Section 26-502.H. (page 6): Removes reference to the city forester. • Section 26-502.I. (page 6): Removes reference to the city forester. 2 N n mvJ S' c v w c `m c v r 2 E 8 a fi= v c a m v a i; n c m' v z ° c m J T y n o v N E o n av Z E si s~sod~ i o~ p' n cR my~vm _ ~ m p u~Q avla mi° ~:1 U T y m N m C N m L. 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J O =m =m 0 J Q E H m a; m J m ~ m m ' c y Ec '_fisi.EL , n V a ro m a Ed m od~~ ~ ~ m ..v!.~i m~ E v~ o> m E m N m E " -a'r m v p d "x L a o L ~ m ~ Z 6 N N r O ~O r J O m V Y' L m g v m m m a m J c Z -6 c m m m ~ V C N C J ` y u d d m ` a m haw 3 N n sss O m _ 16 yLa -5r; o J p O t F a d F m E N ~ c m m m m m m J O J J J J J J Ent E E E E E E k mip E' m m m m m m " E E E E E E -"'psi c y c c c ~ ~ c ¢ z a 6 ~ C 0 T y 0 O' d- n N n y 6 ry 2 E ~i C~'I N N N N 2 ' e 0 M, G = 0 c c 0: v 0 0 5~ l x m d ~ W J 0 N F vfiE : U U N N m (6 a STUDY SESSION A. Sign Code: Staff has been working on amendments to the existing sign code over the past year. Meredith Reckert reviewed the amendments suggested by staff as outlined in the staff report. The sign code was reviewed by the Commissioners. There was a consensus to leave the standards as presented in the staff report with the following exceptions: Canopy Signs - May use up to 50% of wall signage allowance on a canopy. Changeable copy signs: Staff will check with traffic engineer regarding whether or not these types of signs are traffic hazards. Banners - Allow half the size of a permanent sign for a limited time until a permanent sign is installed. The same time limit as for pennants would apply to banners. Staff will bring the sign code with suggestions made by the Commission back for a later study session. B. Landscaping: Proposed amendments to the existing landscape regulations in the zoning and development code as outlined in the staff report were reviewed by Meredith Reckert. Results of a comparison with other cities' landscape ordinances were also included in the staff report. Suggestions included: Although artificial turf is not presently allowed, consideration should be given in the future to the new artificial turf presently being tested in the Denver area. Allow up to 33% of required landscaping to be of nonliving materials and prepare a list of prohibited water intensive vegetation and suggested water efficient landscaping. Make major adjustments in requirements for high performing irrigation systems. Multi-family developments need more grassy areas than single-family housing. The types of turf (drought tolerant vs. high water use varieties) and the maximum amount of coverage should be differentiated. Staff will bring the landscaping regulations in ordinance format back to the Commission at a later meeting. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS Alan White asked Commissioners to let him know as soon as possible if they want to attend the June 5a' Planning Commissioners Workshop to be held at the Lakewood Cultural Center. Planning Commission Page 2 May 20, 2004 EXHIBIT INTRODUCED BY COUNCIL MEMBER Council Bill No. ??-2004 Ordinance No. Series of 2004 TITLE:. AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPE REGULATIONS WHEREAS, the City of Wheat Ridge has adopted legislation pertaining to the regulation of and requirements for landscaping on private property; WHEREAS, the City of Wheat Ridge recognizes that the drought and the need for water conservation in the region has become increasingly more critical; WHEREAS, the City of Wheat Ridge would like to encourage landscape practices that utilize xeric/waterwise design principles. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 502 of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows Sec. 26-502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. B. Landscape plan: A landscape plan is required to be submitted with the required building permit or development plan for all 4- ppblrc, semi pWlt,c, multi- family, commercial and industrial development, redevelopment, addition or change in use. The plan shall be approved by the director of community development The following information shall be included in the plan: 1. Date, north point and scale (scale not to exceed one (1) inch equaling forty (40) feet with one (1) inch equaling twenty (20) feet desirable), name and location of the development; name(s) of owner(s); name, address and telephone number of person or fine preparing the plan; name and telephone number of the contact person for the project. 2. Topographic contours and spot elevations on final grading plan adequate to identify and properly specify landscaping for area needing slope protection. 3. Location of property lines with dimensions, adjacent streets and right-of-way, drainage features, building and structures, parking, loading and vehicular circulation areas, driveways, underground and/or overhead utility lines, and traffic sight distance triangles. 4. Landscaped areas on the site including: a. Locations, dimensions and square footage of all landscaped areas. This shall include calculations for total lot area, total landscaped area, area of living vegetation and area of non-living material. b. The locations, types, sizes and quantities of proposed plant and other materials. Common and botanical names shall be identified adjacent to all plant material or by use of a key and legend. c. The location, sizematuials and treatment of non-living lan seape5laudscaped areas,: d. The species, location and size of any existing plant materials to be preserved. e. The species, location and size of any existing plant materials to be removed. 5. Location and type of the irrigation system provided. 6. A description of existing trees which are proposed to be preserved during site preparation and construction. C. Landscape area requirements: 1. Any combination of two (2) or more of the following: grass, flowers, shrubbery, deciduous and coniferous trees, which shall be maintained in an orderly manner. The use of non-living material such as bark, rock or ornamental objects shall not exceed ~g " a thirty=three 4331_tue &W of the requ'zrell landscaping area _0404_04, 4,-°s_ Coverage shall be determined for the proj ected growth after two (2) full growing seasons. 2. The growth of any plantings or the erection of any landscape structure or berm is regulated by section 26-603B. 3. Except for approved street trees, the landscaping required e~_n the right-of-way between the property line and the curbline shall not be permitted to obtain a height greater than thirty-six (36) inches above the level of the roadway. 4. Landscaping shall be installed only on the property to be developed or for which a building permit is applied. For properties with existing development, landscaping in addition to existing landscaping shall be required on a percentage basis determined either according to square footage added, or substantially altered, or value added to the premises by proposed improvements, whichever is higher, up to the maximum required for that district. Existing valuation and valuation of proposed changes shall be based on valuation tables wrthm the adop"te.. bmltli g code. The term "substantially altered" means that the value of remodeling excess fifty (50) percent of the value of the building prior to such improvements. 5. All new landscaped areas shall be served by a functioning automatic irrigation system which combines drip and subsurface irrigation withazghffieaencysprinklers except on individual single-family and duplex residential lots. The requirement for a functioning automatic irrigation system may be waived with an approved 6. In all districts, any area of the lot not covered by building, parking, walkways, storage or display area must be landscaped. S .'"Artific~al,turtorplantm ateria7s.ar_,e,got=allowec7 3 D. District requirements: 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. 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. b. In addition to trees required based upon public street frontage, one (1) tree and five (5) 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. 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. b. In addition to trees required based upon public street frontage, one (1) tree and five (5) shrubs are required for every one thousand (1,000) square feet of required landscape area. 4 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. d. Landscaping shall not be less than thirty (30) percent of the total lot 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 I-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. requirements may apply if the project is located in the Streetscape 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; however, offsite landscaping cannot reduce the onsite requirements. E. Landscape buffering for parking lots 1. Whenever a parking lot boundary adjoins property zoned for low- or medium- density residential use, or if zoned agricultural but developed as residential, a landscape buffer of six (6) feet from said lot boundary shall be required. Within the six-foot landscape buffer, a six-foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other acceptable groundcover or trees and/or shrubs shall be planted within the landscape (3) On residentially zoned property, a minimum ten-foot landscape buffer is required adjacent to public streets abutting front or side yards. buffer areas as approved by the director of community development through a landscape plan. 2. When a parking lot is placed between the public right-of-way and the structure(s), a screening of the parking area shall be established between the right-of-way and the parking area. This view-obscuring screen shall be composed of live plantings, berms, fences or walls, or a combination thereof. The height of the screening shall be subject to the sight distance triangle requirements. See section 26-603. F. Plantings. 1. Tn alhcases, the use of xeric/waterivise pYant.matenals;is,encouraged 3 2s 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. h. When required in the Streetscape Overlay District, street trees within or adjacent to pedestrian walkways shall be a minimum of three (3) inches in caliper with a minimum of seven (7) feet of head clearance to the lowest branches. 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. G. 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. H. Acceptable street trees shall be determined by the community development director;*, Street trees in the Streetscape and Architectural Design Overlay districts shall conform to the plant list contained in the streetscape and architectural design manual. 1. Waivers and variances. Generally, for waivers and variances, see section 26-115. Whenever a waiver or variance is required which would be reviewed by the board of adiustment. Dlannine commission or citv council, regarding alternatives to total waiver requirements (for example, substituting planter boxes or hanging baskets for normal ground landscaping). Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. 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. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2004, 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 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12004. SIGNED by the Mayor on this day of 2004 GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1 ST publication: 2nd publication: Wheat Ridge Transcript Effective Date: INTRODUCED BY COUNCIL MEMBER Council Bill No. 14-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPE REGULATIONS WHEREAS, the City of Wheat Ridge has adopted legislation pertaining to the regulation of and requirements for landscaping on private property; WHEREAS, the City of Wheat Ridge recognizes that the drought and the need for water conservation in the region has become increasingly more critical; WHEREAS, the City of Wheat Ridge would like to encourage landscape practices that utilize xeric/waterwise design principles. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 502 of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows Sec. 26-502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. B. Landscape plan: A landscape plan is required to be submitted with the required building permit or development plan for all ifisfitutianal, public, semi-public, multi- family, commercial and industrial development, redevelopment, addition or change in use. The plan shall be approved by the director of community development in eei~iinetieii with die eky afbefis The following information shall be included in the plan: ATTACH MENT26" 1. Date, north point and scale (scale not to exceed one (1) inch equaling forty (40) feet with one (1) inch equaling twenty (20) feet desirable), name and location of the development; name(s) of owner(s); name, address and telephone number of person or firm preparing the plan; name and telephone number of the contact person for the project. 2. Topographic contours and spot elevations on final grading plan adequate to identify and properly specify landscaping for area needing slope protection. 3. Location of property lines with dimensions, adjacent streets and right-of-way, drainage features, building and structures, parking, loading and vehicular circulation areas, driveways, underground and/or overhead utility lines, and traffic sight distance triangles. 4. Landscaped areas on the site including: a. Locations, dimensions and square footage of all landscaped areas. This shall include calculations for total lot area, total landscaped area, area of living vegetation and area of non-living material. b. The locations, types, sizes and quantities of proposed plant and other materials. Common and botanical names shall be identified adjacent to all plant material or by use of a key and legend. c. The location, size, materials and treatment of non-living landseapes landscaped areas. d. The species, location and size of any existing plant materials to be preserved. e. The species, location and size of any existing plant materials to be removed. 5. Location and type of the irrigation system provided. 6. A description of existing trees which are proposed to be preserved during site preparation and construction. C. Landscape area requirements: 1. Any combination of two (2) or more of the following: grass, flowers, shrubbery, deciduous and coniferous trees, which shall be maintained in an orderly manner. The use of non-living material such as bark, rock or ornamental objects shall not exceed tivenfy (20«e«,.,.«t thirty-five (35) percent of the required landscaping area. afl be YY« a ~ ~ ^a ...1.:,.1, re"ee living `"'"te fiEds to less than ra.. icmi r «e ^"t of the var-ianees atetal _ ea 1 1T__ t ofp_ .iai a is t.. allow far- well ell desir-+•~ _r_d _ The ._-.t..... of r xeriseape (law w ter- use` planting desip.. Coverage shall be determined for the projected growth after two (2) full growing seasons. 2. The growth of any plantings or the erection of any landscape structure or berm is regulated by section 26-603B. 3. Except for approved street trees, the landscaping required en in the right-of-way between the property line and the curbline shall not be permitted to obtain a height greater than thirty-six (36) inches above the level of the roadway. 4. Landscaping shall be installed only on the property to be developed or for which a building permit is applied. For properties with existing development, landscaping in addition to existing landscaping shall be required on a percentage basis determined either according to square footage added, or substantially altered, or value added to the premises by proposed improvements, whichever is higher, up to the maximum required for that district. Existing valuation and valuation of proposed changes shall be based on Unifafffi Budd..,,, Gede valuation tables within the adopted building code. The term "substantially altered" means that the value of remodeling excess fifty (50) percent of the value of the building prior to such improvements. 5. All new landscaped areas shall be served by a functioning automatic irrigation system which combines drip and subsurface irrigation with high efficiency sprinklers except on individual single-family and duplex residential lots. The requirement for a functioning automatic irrigation system may be waived with an approved xeriscaping/waterwise plan. All new irrigation systems shall be designed to be zoned according to water needs of proposed plant materials. There should be separate zones for turf grasses and shrub bed areas, for sun and shade and other climatic conditions and according to the water demands of the plant material. All new irrigation systems shall be equipped with automatic rain shut-off devices. 6. In all districts, any area of the lot not covered by building, parking, walkways, storage or display area must be landscaped. 7. Recirculated water shall be used for new decorative water features and fountains. 8. Artificial turf or plant materials are not allowed. 9. The irrigation of landscaped areas shall be consistent with the restrictions imposed by the water district in which a property located. 10. No person, organization, or association may create or impose restrictive covenants, conditions, restrictions, deed clauses or other agreements between the parties that prevent the use of xeric/waterwise landscaping. 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 50% 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. b. In addition to trees required based upon public street frontage, one (1) tree and €i*e (3) 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 60% 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. b. In addition to trees required based upon public street frontage, one (1) tree and five (5) 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 I-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. (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 non-residential developments, no more than 30% 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. (4) (5) Additional requirements may apply if the project is located in the Streetscape 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; however, offsite landscaping cannot reduce the onsite requirements. E. Landscape buffering for parking lots. 1. Whenever a parking lot boundary adjoins property zoned for low- or medium- density residential use, or if zoned agricultural but developed as residential, a landscape buffer of six (6) feet from said lot boundary shall be required. Within the six-foot landscape buffer, a six-foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other acceptable groundcover or trees and/or shrubs shall be planted within the landscape buffer areas as approved by the director of community development through a landscape plan. 2. When a parking lot is placed between the public right-of-way and the structure(s), a screening of the parking area shall be established between the right-of-way and the parking area. This view-obscuring screen shall be composed of live plantings, berms, fences or walls, or a combination thereof. The height of the screening shall be subject to the sight distance triangle requirements. See section 26-603. 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. h. When required in the Streetscape Overlay District, street trees within or adjacent to pedestrian walkways shall be a minimum of three (3) inches in caliper with a minimum of seven (7) feet of head clearance to the lowest branches. 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. G. 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. H. Acceptable street trees shall be determined by the community development director, s•t Street trees in the Streetscape and Architectural Design Overlay districts shall conform to the plant list contained in the streetscape and architectural design manual. 1. Waivers and variances. Generally, for waivers and variances, see section 26-115. Whenever a waiver or variance is required which would be reviewed by the board of adjustment, planning commission or city council, r reeenitneiidations iia suggestioias, is consideration should be given regarding alternatives to total waiver requirements (for example, substituting planter boxes or hanging baskets for normal ground landscaping). Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by 7 a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2004, 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 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12004. SIGNED by the Mayor on this day of 2004. GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY . 1sT publication: 2nd publication: Wheat Ridge Transcript Effective Date: f WHEAT o y m V ~~OPA~ ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 12, 2004 TITLE: COUNCIL BILL NO. 14-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPING REGULATIONS (CASE NO. ZOA-04-05) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (Date: July 12, 2004) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community evelopment irector EXECUTIVE SUMMARY: City Manager Section 502 of Chapter 26 pertains to the City's regulations for landscaping on private property. Staff is recommending changes to the existing legislation to recognize the existing drought conditions and encourage landscape practices, which are more consistent with the climate of the region. The existing language was adopted when Chapter 26 was repealed and reenacted in February 2001. Many of the proposed changes are to the existing language for correction and clarification. The significant changes include the following: • Increases the maximum amount of non-living landscaping from 20% to 35%. • Requires all new landscaping installed to be served by an automatic irrigation system zoned according to plant watering needs. • Requires new fountains and water features to use recirculated water. • Prohibits artificial turf and plant materials. • Limits the amount of turf allowed for new single and two-family residences to 50%. • Increases the amount of required shrubs from five to ten per 1000 square feet of required landscaping for multi-family and non-residential developments. • Limits the amount of turf allowed for new multi-family projects to 60% and for new non- residential projects to 30% • Encourages the use of xeric/waterwise plants in all landscape plans. • Requires the adjacent property owner to maintain landscaping in the right-of-way. Planning Commission reviewed this request at a study session held on May 20, 2004 and a public hearing on June 17, 2004 where a recommendation of approval was given with one condition. BOARD/COMMISSION RECOMMENDATION: Planning Commission reviewed this request at a study session held on May 20, 2004 where the following suggestions were made: • Although artificial turf is not presently allowed, consideration should be given in the future to the new artificial turf presently being tested in the Denver area. • Allow up to 33% of required landscaping to be of nonliving materials and prepare a list of prohibited water intensive vegetation and suggested water efficient landscaping. Make major adjustments in requirements for high performing irrigation systems. • Multi-family developments need more grassy areas than single-family housing. • The types of turf (drought tolerant vs. high water use varieties) and the maximum amount of coverage should be differentiated. Planning Commission reviewed the proposed amendments again at a public hearing held on June 17, 2004 where a recommendation of approval with one condition was made for the following reasons: 1. The changes respond to the current drought, which have become increasingly more critical. 2. The changes require and encourage landscaping practices that are more consistent with the climate of the region. 3. The changes will still result in quality landscaping development for projects. With the following condition: Multi-family and commercial properties will require ten shrubs, rather than five, per every thousand square feet of required landscaped area. STATEMENT OF THE ISSUES: Several of Planning Commission's suggestions and their condition of approval have been incorporated into the ordinance. Suggestions which were not included in the ordinance were: Prohibited/ recommended plant lists: There are numerous resources available regarding plant varieties and their water demands. Included in these resources is the City's Streetscape and Architectural Design Manual adopted as an addendum to the zoning and development code. The manual identifies different varieties of trees, shrubs, and ground covers and specifies appropriate planting areas and water usage for each. The streetscape manual is available for inspection and purchase in the Community Development Department. It has also been included as a link on the city's website. Requirements for high performing irrigation systems: There are "help" guides available from the Colorado State University Cooperative Extension that address irrigation design and xeric landscape design. Other organizations that have resources available for consultation include the Office of Smart Growth (Model Water-Efficient Best Practices Manual) and Green Industries of Colorado (Best Management Practices for the Conservation and Protection of Water Resources in Colorado). Differentiation between low and high water turf varieties and permitted coverages: Staff has consulted 12 different municipalities and other industry sources for this information. We have been unable to find any differentiation between low and high water demand turfs and corresponding lot coverage allowances. For this reason, we felt we had no basis to make an uneducated guess about what is appropriate. ALTERNATIVES CONSIDERED: Do not approve legislation. FINANCIAL IMPACT: There should be no financial impact to the City of Wheat Ridge if the legislation is approved. RECOMMENDED MOTION: "I move to approve Council Bill. No. 14-2004, Case No. ZOA-04-05, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to landscape regulations on first reading, order it published, public hearing set for Monday, August 9, 2004 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 14-2004, Case No ZOA-04-05, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to landscape regulations." Report Prepared by: Meredith Reckert,303-235-2848 Reviewed by: Alan White Attachments: 1. June 17, 2004, Planning Commission report 2. Council Bill No. 14-2004 CouncilActionfort City of Wheat Ridge Community Development Department Memorandum TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-04-05/Landscaping Regulations DATE: June 8, 2004 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached is an ordinance amending Section 26-502 of the Zoning and Development code relating to landscaping on private property. On May 20, 2004, staff discussed proposed changes with Planning Commission at study session. The following suggestions were made: • Although artificial turf is not presently allowed, consideration should be given in the future to the new artificial turf presently being tested in the Denver area. • Allow up to 33% of required landscaping to be of nonliving materials and prepare a list of prohibited water intensive vegetation and suggested water efficient landscaping. Make major adjustments in requirements for high performing irrigation systems. Multi-family developments need more grassy areas than single-family housing. • The types of turf (drought tolerant vs. high water use varieties) and the maximum amount of coverage should be differentiated. Staff was directed to prepare recommended changes in ordinance form for Planning Commission public hearing. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in sue. Planning Commission's suggestions, which were incorporated into the ordinance, are designated in bolded italics. ATTACHMENT I Summary of Ordinance Changes The legislation proposes the following major modifications to the existing regulations: • Section 26-502.C.1. (page 2): Increases the maximum amount of non-living landscaping from 20% to 33%. This figure was reduced from 50% to 33% as suggested by Planning Commission. • Section 26-502.C.5. (page 3): Requires all new landscaping installed to be served by an automatic irrigation system which allows for a combination of drip, subsurface irrigation and high efficiency sprinklers zoned according to plant watering needs. Requires an automatic rain shut-off device. • Section 26-502.C.7. (page 3): Requires new fountains and water features to use recirculated water. • Section 26-502.C.8. (page 3): Prohibits artificial turf and plant materials. New technology will be monitored for improvements as suggested by Planning Commission. • Section 26-502.C.9. (page 3): Requires compliance with water district regulations for watering. • Section 26-502.C.10. (page 3): Prohibits HOA's and restrictive covenants from prohibiting xeric/waterwise landscaping. • Section 26-502.D.1.c. (page 4): Limits the amount of turf allowed for new single and two-family residences to 50%. Encourages the use of low water demand turf varieties. • Section 26-502.D.2.e. (page 4): Limits the amount of turf allowed for new multi-family projects to 60%. Encourages the use of low water demand turf varieties. Planning Commission suggested this figure be increased from 30%. • Section 26-502.D.3.c.4. (page 5): Limits the amount of turf allowed for new commercial projects to 30%. Encourages the use of low water demand turf varieties. • Section 26-502.F.1. (page 6): Encourages the use of xeric/waterwise plants in all landscape plans. Added to meet Planning Commission's concerns regarding prohibited and required plant lists. • Section 26-502.G.3. (page 7): Requires the adjacent property owner to maintain landscaping in the right-of-way. • Miscellaneous changes to language for correction and clarification. 2 • Removes all references to the city forester. Staff Comments Staff has the following comments regarding Planning Commission's suggestions which have not been incorporated into the ordinance. Prohibited/ recommended plant lists: There are numerous resources available regarding plant varieties and their water demands. Included in these resources is the City's Streetscape and Architectural Design Manual adopted as an addendum to the zoning and development code. The manual identifies different varieties of trees, shrubs, and ground covers and specifies appropriate planting areas and water usage for each. The streetscape manual is available for inspection and purchase in the Community Development Department. It has also been included as a link on the city's website. Requirements for high performing irrigation systems: There are "help" guides available from the Colorado State University Cooperative Extension that address irrigation design and xeric landscape design. Other organizations that have resources available for consultation include the Office of Smart Growth (Model Water-Efficient Best Practices Manual) and Green Industries of Colorado (Best Management Practices for the Conservation and Protection of Water Resources in Colorado). Differentiation between low and high water turf varieties and permitted coverages: Staff has consulted 12 different municipalities and other industry sources for this information. We have been unable to find any differentiation between low and high water demand turfs and corresponding lot coverage allowances. For this reason, we felt we had no basis to make an uneducated guess about what is appropriate. Recommended Motion "I move that Case No. ZOA-04-05, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding landscaping regulations, be forwarded to City Council with a recommendation of APPROVAL for the following reasons: 1. The changes respond to the current drought which have become increasingly more critical. 2. The changes require and encourage landscape practices that are more consistent with the climate of the region. 3. The changes will still result in quality landscaping development for projects." Exhibits: 1. Original memo to Planning Commission dated 5/14/04 2. Minutes of Planning Commission meeting dated 5/20/04 3. Proposed Ordinance City of Wheat Ridge of ""Eq P Community Development Department Memorandum C~LORA~O TO: (?fanning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-04-05/Landscape Regulations Modifications DATE: May 14, 2004 The following are proposed amendments to the existing landscape regulations in the zoning and development code. Deletions are shown with ` ke thfeughs new language is in bold typeface. All proposed modifications are shown with shadowing. Staff is in the process of checking with other cities' landscape ordinances for comparison purposes. A handout with our findings will be available at the study session. • Section 26-502.B. (page 1): Modifies the requirement for approval of landscape plans from institutional land uses to public/semi-public land uses. Removes the reference to the city arborist. • Section 26-502.B.4.c. (page 2): Adds the requirement to identify materials to be used for non-living landscaped areas. • Section 26-502.C.1. (page 2): Increases the maximum amount of non-living landscaping from 20% to 50%. • Section 26-502.C.3. (page 2): References landscaping "in" the right-of-way, not "on" the right-of-way. • Section 26-502.C.4. (page 2): Modifies reference from the UBC to the "adopted building code". • Section 26-502.C.5. (page 2): Requires all new landscaping installed to be served by drip or subsurface irrigation system which is zoned based on plant type. Requires an automatic rain shut-off-device. Something to consider is whether we should require wind sensors too. • Section 26-502.C.7. (page 3): Requires new fountains to use recirculated water. • Section 26-502.C.8. (page 3): Prohibits artificial turf and plant materials. • Section 26-502.C.9. (page 3): Requires compliance with water district regulations for watering. EXHIBIT 1 • Section 26-502.C.10. (page 3): Prohibits HOA's and restrictive covenants from prohibiting water wise landscaping. • Section 26-502.D.1.c. (page 3): Limits the amount of turf allowed for new single and two- family residences to 50%. • Section 26-502.D.2.e. (page 4): Limits the amount of turf allowed for new multi-family projects to 30%. • Section 26-502.D.3.e.4. (page 4): Limits the amount of turf allowed for new commercial projects to 30%. • Section 26-502.G.3. (page 6): Requires the adjacent owner to maintain landscaping in the right-of-way. • Section 26-502.H. (page 6): Removes reference to the city forester. • Section 26-502.I. (page 6): Removes reference to the city forester. 2 v CD 41 (D N c O o m m o v o R m 3 ~ w 3 0 : 3 e f m _ ~ n n F C N w N C N N tT C N w fT C N w ut C (T w 0 C W w ~ 3 0 N m m N ma m.g mm mm y$ mm ~%maw 3 m j 3 . m m m m w m m o m - x x x x x x . ~o o x c c c _ c c c o~ c 3 3 3 3 3 3 T$' 3 m m - m m = m = m - - m 3 m w a m n ~ o c m 6 w m a w m - n m m ~ m v m o c m yj N m n m z. w > 0 > c 1O o c - m m n y n o m > j m? O m C (T O O w ~ Z 6 C O . ° ~ w 3 m m ° asx_ °1 m m m~ m o:3 =_m 3 m m 3 g o o~ ~ 3 'm 3 o:m m^n~ ~'S g °1mo m3 >>3 m.$m~ ~ m°~ o x rv m~ m m o' c iO m m y 3 c c= m m m w ^ m ~ = 3 m m n r m > > > m ~ a a y w ~ w no.o m ' ~ D m o o o g 3 m ° ° ° D S 3 ~ f ~ m m w m STUDY SESSION A. Sign Code: Staff has been working on amendments to the existing sign code over the past year. Meredith Reckert reviewed the amendments suggested by staff as outlined in the staff report. The sign code was reviewed by the Commissioners. There was a consensus to leave the standards as presented in the staff report with the following exceptions: Canopy Signs - May use up to 50% of wall signage allowance on a canopy. Changeable copy signs: Staff will check with traffic engineer regarding whether or not these types of signs are traffic hazards. Banners - Allow half the size of a permanent sign for a limited time until a permanent sign is installed. The same time limit as for pennants would apply to banners. Staff will bring the sign code with suggestions made by the Commission back for a later study session. B. Landscaoin¢: Proposed amendments to the existing landscape regulations in the zoning and development code as outlined in the staff report were reviewed by Meredith Reckert. Results of a comparison with other cities' landscape ordinances were also included in the staff report. Suggestions included: Although artificial turf is not presently allowed, consideration should be given in the future to the new artificial turf presently being tested in the Denver area Allow up to 33% of required landscaping to be of nonliving materials and prepare a list of prohibited water intensive vegetation and suggested water efficient landscaping. Make major adjustments in requirements for high performing irrigation systems. Multi-family developments need more grassy areas than single-family housing. The types of turf (drought tolerant vs. high water use varieties) and the maximum amount of coverage should be differentiated. Staff will bring the landscaping regulations in ordinance format back to the Commission at a later meeting. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS Alan White asked Commissioners to let him know as soon as possible if they want to attend the June 5s' Planning Commissioners Workshop to be held at the Lakewood Cultural Center. Planning Commission Page 2 May 20, 2004 EXHIBIT 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. ??-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPE REGULATIONS WHEREAS, the City of Wheat Ridge has adopted legislation pertaining to the regulation of and requirements for landscaping on private property; WHEREAS, the City of Wheat Ridge recognizes that the drought and the need for water conservation in the region has become increasingly more critical; WHEREAS, the City of Wheat Ridge would like to encourage landscape practices that utilize xeric/waterwise design principles. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 502 of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows Sec. 26-502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. B. Landscape plan: A landscape plan is required to be submitted with the required building permit or development plan for all 44~pubT~c, seuu pu~ilic, multi- family, commercial and industrial development, redevelopment, addition or change in use. The plan shall be approved by the director of community development EXHIBIT 3 ' ' The following information shall be included in the plan: 1. Date, north point and scale (scale not to exceed one (1) inch equaling forty (40) feet with one (1) inch equaling twenty (20) feet desirable), name and location of the development; name(s) of owner(s); name, address and telephone number of person or firm preparing the plan; name and telephone number of the contact person for the project. 2. Topographic contours and spot elevations on final grading plan adequate to identify and properly specify landscaping for area needing slope protection. 3. Location of property lines with dimensions, adjacent streets and right-of-way, drainage features, building and structures, parking, loading and vehicular circulation areas, driveways, underground and/or overhead utility lines, and traffic sight distance triangles. 4. Landscaped areas on the site including: a. Locations, dimensions and square footage of all landscaped areas. This shall include calculations for total lot area, total landscaped area, area of living vegetation and area of non-living material. b. The locations, types, sizes and quantities of proposed plant and other materials. Common and botanical names shall be identified adjacent to all plant material or by use of a key and legend. c. The location, size, materials and treatment of non-living ees landscaped areas. d. The species, location and size of any existing plant materials to be preserved. e. The species, location and size of any existing plant materials to be removed. 5. Location and type of the irrigation system provided. 6. A description of existing trees which are proposed to be preserved during site preparation and construction. C. Landscape area requirements: 1. Any combination of two (2) or more of the following: grass, flowers, shrubbery, deciduous and coniferous trees, which shall be maintained in an orderly manner. The use of non-living material such as bark, rock or ornamental objects shall not exceed l ;a thirty-'three.(33) vercenl of the req►eir'e"il landscaping area ' xefi~eape (low wateF use) plapAing-des : Coverage shall be determined for the projected growth after two (2) full growing seasons. 2. The growth of any plantings or the erection of any landscape structure or berm is regulated by section 26-603B. 3. Except for approved street trees, the landscaping required en in the right-of-way between the property line and the curbline shall not be permitted to obtain a height greater than thirty-six (36) inches above the level of the roadway. 4. Landscaping shall be installed only on the property to be developed or for which a building permit is applied. For properties with existing development, landscaping in addition to existing landscaping shall be required on a percentage basis determined either according to square footage added, or substantially altered, or value added to the premises by proposed improvements, whichever is higher, up to the maximum required for that district. Existing valuation and valuation of proposed changes shall be based on valuation tables w~thw the adopYeti,bwldngcode. The term "substantially altered" means that the value of remodeling excess fifty (50) percent of the value of the building prior to such improvements. 5. All new landscaped areas shall be served by a functioning automatic irrigation system which combines drip, ,and subsurface irr'tg"atiori wuh htgh.effictet:cysprirkl except on individual single-family and duplex residential lots. The requirement for a functioning automatic irrigation system may be waived with an approved 6. In all districts, any area of the lot not covered by building, parking, walkways, storage or display area must be landscaped. D. District requirements: 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. 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. b. In addition to trees required based upon public street frontage, one (1) tree and five (5) 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. 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. b. In addition to trees required based upon public street frontage, one (1) tree and five (5) 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 I-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. (4)11110Y ` Additional requirements may apply if the project is located in the Streetscape 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; CT, (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; however, offsite landscaping cannot reduce the onsite requirements. E. Landscape buffering for parking lots. 1. Whenever a parking lot boundary adjoins property zoned for low- or medium- density residential use, or if zoned agricultural but developed as residential, a landscape buffer of six (6) feet from said lot boundary shall be required. Within the six-foot landscape buffer, a six-foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other acceptable groundcover or trees and/or shrubs shall be planted within the landscape (3) On residentially zoned property, a minimum ten-foot landscape buffer is required adjacent to public streets abutting front or side yards. buffer areas as approved by the director of community development through a landscape plan. 2. When a parking lot is placed between the public right-of-way and the structure(s), a screening of the parking area shall be established between the right-of-way and the parking area. This view-obscuring screen shall be composed of live plantings, berms, fences or walls, or a combination thereof. The height of the screening shall be subject to the sight distance triangle requirements. See section 26-603. F. Plantings. 1. In all cases, the use of xeric/waterwise plant materials is encouraged. 1✓ 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. h. When required in the Streetscape Overlay District, street trees within or adjacent to pedestrian walkways shall be a minimum of three (3) inches in caliper with a minimum of seven (7) feet of head clearance to the lowest branches. '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. G. 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. H. Acceptable street trees shall be determined by the community development director," N Street trees in the Streetscape and Architectural Design Overlay districts shall conform to the plant list contained in the streetscape and architectural design manual. I. Waivers and variances. Generally, for waivers and variances, see section 26-115. Whenever a waiver or variance is required which would be reviewed by the board of adiustment, nlannin2 commission or city council, regarding alternatives to total waiver requirements (for example, substituting planter boxes or hanging baskets for normal ground landscaping). Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of 2004, 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 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12004. SIGNED by the Mayor on this day of 2004 GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: Wheat Ridge Transcript Effective Date: 9 INTRODUCED BY COUNCIL MEMBER Council Bill No. 14-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPE REGULATIONS WHEREAS, the City of Wheat Ridge has adopted legislation pertaining to the regulation of and requirements for landscaping on private property; WHEREAS, the City of Wheat Ridge recognizes that the drought and the need for water conservation in the region has become increasingly more critical; WHEREAS, the City of Wheat Ridge would like to encourage landscape practices that utilize xeric/waterwise design principles. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 502 of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows Sec. 26-502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. B. Landscape plan: A landscape plan is required to be submitted with the required building permit or development plan for all institutional, public, semi-public, multi- family, commercial and industrial development, redevelopment, addition or change in use. The plan shall be approved by the director of community development in The following information shall be included in the plan: I . Date, north point and scale (scale not to exceed one (1) inch equaling forty (40) feet with one (1) inch equaling twenty (20) feet desirable), name and location of the development; name(s) of owner(s); name, address and telephone number of person or firm preparing the plan; name and telephone number of the contact person for the project. 2. Topographic contours and spot elevations on final grading plan adequate to identify and properly specify landscaping for area needing slope protection. 3. Location of property lines with dimensions, adjacent streets and right-of-way, drainage features, building and structures, parking, loading and vehicular circulation areas, driveways, underground and/or overhead utility lines, and traffic sight distance triangles. 4. Landscaped areas on the site including: a. Locations, dimensions and square footage of all landscaped areas. This shall include calculations for total lot area, total landscaped area, area of living vegetation and area of non-living material. b. The locations, types, sizes and quantities of proposed plant and other materials. Common and botanical names shall be identified adjacent to all plant material or by use of a key and legend. c. The location, size, materials and treatment of non-living landseapes landscaped areas. d. The species, location and size of any existing plant materials to be preserved. e. The species, location and size of any existing plant materials to be removed. 5. Location and type of the irrigation system provided. 6. A description of existing trees which are proposed to be preserved during site preparation and construction. C. Landscape area requirements: 1. Any combination of two (2) or more of the following: grass, flowers, shrubbery, deciduous and coniferous trees, which shall be maintained in an orderly manner. The use of non-living material such as bark, rock or ornamental objects shall not exceed tiveaty (20) pereent thirty-five (35) percent of the required landscaping area. ;i t S1011 vafianees be appreved wlieh r-eduee living ffiaterials to less than fift (50) pen-ent-e~ Coverage shall be determined for the projected growth after two (2) full growing seasons. 2. The growth of any plantings or the erection of any landscape structure or berm is regulated by section 26-603B. 3. Except for approved street trees, the landscaping required on in the right-of-way between the property line and the curbline shall not be permitted to obtain a height greater than thirty-six (36) inches above the level of the roadway. 4. Landscaping shall be installed only on the property to be developed or for which a building permit is applied. For properties with existing development, landscaping in addition to existing landscaping shall be required on a percentage basis determined either according to square footage added, or substantially altered, or value added to the premises by proposed improvements, whichever is higher, up to the maximum required for that district. Existing valuation and valuation of proposed changes shall be based on valuation tables within the adopted building code. The term "substantially altered" means that the value of remodeling excess fifty (50) percent of the value of the building prior to such improvements. 5. All new landscaped areas shall be served by a functioning automatic irrigation system which combines drip and subsurface irrigation with high efficiency sprinklers except on individual single-family and duplex residential lots. The requirement for a functioning automatic irrigation system may be waived with an approved xeriscaping/waterwise plan. All new irrigation systems shall be designed to be zoned according to water needs of proposed plant materials. There should be separate zones for turf grasses and shrub bed areas, for sun and shade and other climatic conditions and according to the water demands of the plant material. All new irrigation systems shall be equipped with automatic rain shut-off devices. 6. In all districts, any area of the lot not covered by building, parking, walkways, storage or display area must be landscaped. 7. Recirculated water shall be used for new decorative water features and fountains. 8. Artificial turf or plant materials are not allowed. 9. The irrigation of landscaped areas shall be consistent with the restrictions imposed by the water district in which a property located. 10. No person, organization, or association may create or impose restrictive covenants, conditions, restrictions, deed clauses or other agreements between the parties that prevent the use of xeric/waterwise landscaping. D. District requirements: I . 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 50% 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. b. In addition to trees required based upon public street frontage, one (1) tree and €irve (3) 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 60% 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. b. In addition to trees required based upon public street frontage, one (1) tree and fi,,~e (3) 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 I-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. (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 non-residential developments, no more than 30% 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. (4) (5) Additional requirements may apply if the project is located in the Streetscape 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; however, offsite landscaping cannot reduce the onsite requirements. E. Landscape buffering for parking lots. 1. Whenever a parking lot boundary adjoins property zoned for low- or medium- density residential use, or if zoned agricultural but developed as residential, a landscape buffer of six (6) feet from said lot boundary shall be required. Within the six-foot landscape buffer, a six-foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other acceptable groundcover or trees and/or shrubs shall be planted within the landscape buffer areas as approved by the director of community development through a landscape plan. 2. When a parking lot is placed between the public right-of-way and the structure(s), a screening of the parking area shall be established between the right-of-way and the parking area. This view-obscuring screen shall be composed of live plantings, berms, fences or walls, or a combination thereof The height of the screening shall be subject to the sight distance triangle requirements. See section 26-603. F. Plantings. 1. In all cases, the use of xerie/waterwise plant materials is encouraged. 4: 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. h. When required in the Streetscape Overlay District, street trees within or adjacent to pedestrian walkways shall be a minimum of three (3) inches in caliper with a minimum of seven (7) feet of head clearance to the lowest branches. 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. G. 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. H. Acceptable street trees shall be determined by the community development directory ea,su.._~.~~ the ..,....,...tatie., with the eity f,:_ este Street trees in the Streetscape and - Architectural Design Overlay districts shall conform to the plant list contained in the streetscape and architectural design manual. 1. Waivers and variances. Generally, for waivers and variances, see section 26-115. Whenever a waiver or variance is required which would be reviewed by the board of adjustment, planning commission or city council, fer-ester f eiidafie - and siiggesfiem, ia4y consideration should be given regarding alternatives to total waiver requirements (for example, substituting planter boxes or hanging baskets for normal ground landscaping). Section 2. Safety Clause. The City of Wheat Ridge 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 rations relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to in this day of , 2004, 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 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29` Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 12004. SIGNED by the Mayor on this day of 12004 GRETCHEN CERVENY, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1sT publication: 2nd publication: Wheat Ridge Transcript Effective Date: PUBLIC HEARING A. Case No. ZOA-04-05: An ordinance amending Chapter 26 of the Wheat Ridge Code 'IV of Laws regarding landscape standards. This case was presented by Meredith Reckert. She reviewed the staff report and the modifications made to the ordinance. Suggestions made by the Planning Commission at the May 20th meeting were incorporated into these modifications. There was discussion about making mandatory requirements for planting specific water-wise landscaping. There was a consensus that citizens be directed to the many resources available for selecting plants, trees and grass that use less water rather than making mandatory requirements. For example, the Denver Water Board issues a list of water-wise plants for this area. The city also has a list of suggested plantings in the Streetscape & Architectural Design Manual. Suggesting and encouraging planting of water-wise plants is preferred over making mandatory regulations. Commissioner CHILVERS suggested changing requirements from five to ten shrubs for every thousand square feet of required landscape area for multi-family and commercial developments. It was moved by Commissioner CHILVERS and seconded by Commissioner McNAMEE that Case No. ZOA-04-05, a proposed amendment to Chapter 26 of the Zoning and Development Code regarding landscaping regulations, be forwarded to City Council with a recommendation of approval for the following reasons: 1. The changes respond to the current drought which have become increasingly more critical. 2. The changes require and encourage landscape practices that are more consistent with the climate of the region. 3. The changes will still result in quality landscaping development for projects. With the following change: Multifamily and commercial properties will require ten shrubs, rather than five, per every thousand square feet of required landscaped area. The motion passed 8-0. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS There was no new business to come before the Commission. 10. COMMISSION REPORTS There were no Commission reports. Planning Commission Page 2 June 17, 2004 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on June 17, 2004, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following case shall be heard: Case No. ZOA-04-05: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding landscape standards. Kathy Field, Administrative Assistant ATTEST: Pamela Y. Anderson, City Clerk To Be Published: Wheat Ridge Transcript Date: June 10, 2004 7. STUDY SESSION A. Sign Code: Staff has been working on amendments to the existing sign code over the past year. Meredith Reckert reviewed the amendments suggested by staff as outlined in the staff report. The sign code was reviewed by the Commissioners. There was a consensus to leave the standards as presented in the staff report with the following exceptions: • Canopy Signs - May use up to 50% of wall signage allowance on a canopy. • Changeable cony signs: Staff will check with traffic engineer regarding whether or not these types of signs are traffic hazards. Banners - Allow half the size of a permanent sign for a limited time until a permanent sign is installed. The same time limit as for pennants would apply to banners. Staff will bring the sign code with suggestions made by the Commission back for a later study session. B. Landscaping: Proposed amendments to the existing landscape regulations in the zoning and development code as outlined in the staff report were reviewed by Meredith Reckert. Results of a comparison with other cities' landscape ordinances were also included in the staff report. Suggestions included: Although artificial turf is not presently allowed, consideration should be given in the future to the new artificial turf presently being tested in the Denver area. • Allow up to 33% of required landscaping to be of nonliving materials and prepare a list of prohibited water intensive vegetation and suggested water efficient landscaping. Make major adjustments in requirements for high performing irrigation systems. • Multi-family developments need more grassy areas than single-family housing. • The types of turf (drought tolerant vs. high water use varieties) and the maximum amount of coverage should be differentiated. Staff will bring the landscaping regulations in ordinance format back to the Commission at a later meeting. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS Alan White asked Commissioners to let him know as soon as possible if they want to attend the June 5"' Planning Commissioners Workshop to be held at the Lakewood Cultural Center. Planning Commission Page 2 May 20, 2004 City of Wheat Ridge of ""EqT Community Development Department Memorandum C~~OR TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-04-05/Landscape Regulations Modifications DATE: May 14, 2004 The following are proposed amendments to the existing landscape regulations in the zoning and development code. Deletions are shown with 4fike =laaughsand new language is in bold typeface. All proposed modifications are shown with shadowing; Staff is in the process of checking with other cities' landscape ordinances for comparison purposes. A handout with our findings will be available at the study session. • Section 26-502.B. (page 1): Modifies the requirement for approval of landscape plans from institutional land uses to public/semi-public land uses. Removes the reference to the city arborist. • Section 26-502.B.4.c. (page 2): Adds the requirement to identify materials to be used for non-living landscaped areas. • Section 26-502.C.1. (page 2): Increases the maximum amount of non-living landscaping from 20% to 50%. • Section 26-502.C.3. (page 2): References landscaping "in" the right-of-way, not "on" the right-of-way. • Section 26-502.C.4. (page 2): Modifies reference from the UBC to the "adopted building code". • Section 26-502.C.5. (page 2): Requires all new landscaping installed to be served by drip or subsurface irrigation system which is zoned based on plant type. Requires an automatic rain shut-off-device. Something to consider is whether we should require wind sensors too. • Section 26-502.C.7. (page 3): Requires new fountains to use recirculated water. • Section 26-502.C.8. (page 3): Prohibits artificial turf and plant materials. • Section 26-502.C.9. (page 3): Requires compliance with water district regulations for watering. • Section 26-502.C.10. (page 3): Prohibits HOA's and restrictive covenants from prohibiting water wise landscaping. • Section 26-502.D.1.c. (page 3): Limits the amount of turf allowed for new single and two- family residences to 50%. • Section 26-502.D.2.e. (page 4): Limits the amount of turf allowed for new multi-family projects to 30%. • Section 26-502.D.3.e.4. (page 4): Limits the amount of turf allowed for new commercial projects to 30%. • Section 26-502.G.3. (page 6): Requires the adjacent owner to maintain landscaping in the right-of-way. • Section 26-502.H. (page 6): Removes reference to the city forester. • Section 26-502.I. (page 6): Removes reference to the city forester. 2 May 20, 2004 Planning Commission study session Sec. 26-502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. B. Landscape plan: A landscape plan is required to be submitted with the required building permit or development plan for all tHexil;;pulzhc, seiiu public, multi- family, commercial and industrial development, redevelopment, addition or change in use. The plan shall be approved by the director of community development f`p The following information shall be included in the e tie plan: 1. Date, north point and scale (scale not to exceed one (1) inch equaling forty (40) feet with one (1) inch equaling twenty (20) feet desirable), name and location of the development; name(s) of owner(s); name, address and telephone number of person or firm preparing the plan; name and telephone number of the contact person for the project. 2. Topographic contours and spot elevations on final grading plan adequate to identify and properly specify landscaping for area needing slope protection. 3. Location of property lines with dimensions, adjacent streets and right-of-way, drainage features, building and structures, parking, loading and vehicular circulation areas, driveways, underground and/or overhead utility lines, and traffic sight distance triangles. 4. Landscaped areas on the site including: a. Locations, dimensions and square footage of all landscaped areas. This shall include calculations for total lot area, total landscaped area, area of living vegetation and area of non-living material. b. The locations, types, sizes and quantities of proposed plant and other materials. Common and botanical names shall be identified adjacent to all plant material or by use of a key and legend. c. The location, size„ materials and treatment of non-living areas: d. The species, location and size of any existing plant materials to be preserved. e. The species, location and size of any existing plant materials to be removed. 5. Location and type of the irrigation system provided. 6. A description of existing trees which are proposed to be preserved during site preparation and construction. C. Landscape area requirements: 1. Any combination of two (2) or more of the following: grass, flowers, shrubbery, deciduous and coniferous trees, which shall be maintained in an orderly manner. The i of non-living material such as bark, rock or ornamental objects shall not exceed 4waif# 00)-bar fifty percent (50°101 of the landscaping area. r„ it r Coverage shall be determined for the projected growth after two (2) full growing seasons 2. The growth of any plantings or the erection of any landscape structure or berm is regulated by section 26-603B. 3. Except for approved street trees, the landscaping required ep- the right-of-way between the property line and the curbline shall not be permitted to obtain a height greater than thirty-six (36) inches above the level of the roadway. 4. Landscaping shall be installed only on the property to be developed or for which a building permit is applied. For properties with existing development, landscaping in addition to existing landscaping shall be required on a percentage basis determined either according to square footage added, or substantially altered, or value added to the premises by proposed improvements, whichever is higher, up to the maximum required for that district. Existing valuation and valuation of proposed changes shall be based on U44,00 -n. ib '11' Qe valuation tables wrthu ::fhe adopfedrbutlc7~ng code. The term "substantially altered" means that the value of remodeling excess fifty (50) percent of the value of the building prior to such improvements. 5. All uew landscaped areas shall be served by a functioning automatic e)rip or sn.... irrigation system, except on individual single-family and duplex residential lots. The requirement for a functioning automatic irrigation system may be waived with an annroved xsrissat»rx waterwise elan. All new rrigaf►on'systems shaltbe.de'signe 6. In all districts, any area of the lot not covered by building, parking, walkways, storage or display area must be landscaped. 7. Recirculated water slap-be-used for.uew decorative water features: 8. Artificial turf or plant;materials are not allIowed. D. District requirements: 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. 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. b. In addition to trees required based upon public street frontage, one (1) tree and five (5) shrubs are required for every one thousand (1,000) square feet of required landscape area. 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. 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. 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. b. In addition to trees required based upon public street frontage, one (1) tree and five (5) 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 I- 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. (3) On residentially zoned property, a minimum ten-foot landscape buffer is required adjacent to public streets abutting front or side yards. requirements may apply if the project is located in the Streetscape 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; however, offsite landscaping cannot reduce the onsite requirements. E. Landscape buffering for parking lots 1. Whenever a parking lot boundary adjoins property zoned for low- or medium- density residential use, or if zoned agricultural but developed as residential, a landscape buffer of six (6) feet from said lot boundary shall be required. Within the six-foot landscape buffer, a six-foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other acceptable g-oundcover or trees and/or shrubs shall be planted within the landscape buffer areas as approved by the director of community development through a landscape plan. 2. When a parking lot is placed between the public right-of-way and the structure(s), a screening of the parking area shall be established between the right-of-way and the parking area. This view-obscuring screen shall be composed of live plantings, berms, fences or walls, or a combination thereof. The height of the screening shall be subject to the sight distance triangle requirements. See section 26-603. F. Plantings. 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. 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. h. When required in the Streetscape Overlay District, street trees within or adjacent to pedestrian walkways shall be a minimum of three (3) inches in caliper with a minimum of seven (7) feet of head clearance to the lowest branches. 2. 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. G. 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. H. Acceptable street trees shall be determined by the community development director, " v'~ Street trees in the Streetscape and Architectural Design Overlay districts shall conform to the plant list contained in the streetscape and architectural design manual. 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. I. Waivers and variances. Generally, for waivers and variances, see section 26-115. Whenever a waiver or variance is required which would be reviewed by the board of adjustment, planning commission or city council, a ll li should; 6egi~ a regarding alternatives to total waiver requirements (for example, substituting planter boxes or hanging baskets for normal ground landscaping). N W Ql ~ D . Q ~ 00 `-p' 'o y sc 3 g d m FD" 3 44 . C~ C J tit V o J N ='O N D N N c N p~~ D~ ~ Of fi N ~ N N N 3 j - N~ N J N y y A X X~ C (T 9 X~ r' % 3 N N c c 3 0? c `~E p! ~ V . 3 3 3 ? 3 0 N d_ ( ^ O p n N y j( N y N 0 r 'O G N d O_ 0 O c , 3 ~ N fD J m c p9 a y ~ oio 3, ~ m no0i ^ tiN 0 2 nag ¢gcm . J t0 m a o ¢w 3 N d moo 'O J v N y O pj 0 . + q j £ n 3 m ^ O m m 3J ° ro O O i .O.r % O O y y d 0 a m N n a a~ m m m J c : 3 O d y J O ID d y .l0 N 00 J " i G V J O (D C y `G O S y y y l0 C y¢ N. Y1 U l O ~ j y ry -w d d y O N y N ~ 3 S -O ID O ~ 6- S N ~ f y m N m y fP Q m~ o ~ v. t . ~ S . J O ry ~ fD ~d O J J T l N ~F p1. ° 0 S 0 3 V d (D m y , J ~ J ,~41. '(D N N N J O ~O m t0 ' > e 3 LZ O N y d N y V1 y s„ y N (U 9i N C - d » 3 m C o 0 c y 1~ . , c y o- ¢ 3 y a N m c N c ~ c ~ ' O. D N N co 'O 2 . rt/. 2E I m o¢ m 0 ~ 0 . n J o y J g = ~ y y 3 OM N ~ rx~ : i n w m a _a. s x~ '0 0 m A ~ N ¢ ~ 0 m ~ p n 3' O S p N N J (O O LA "O O O O J O W pj V (n -I O (T N N S C: t n C J J N N ( ¢ J i ~ N v m v m 3 3 fD 0 0 J -y r: F5. _ n X y `G O N C) C^ ^ 24 y O^ p y ~ , ~ m d o H N J - N Q N J a N ~ CI J ! O N p F (p S d J'. ~ d 0: m 0 a `3» o y¢, an - gy 0 ¢ 'm m oo n o m w , , 5 m 0 a m r m w N d m d O y n O d O' n iU (D N -4 y r r m n n C). w 0 c o o 0- 3 ' 3 o m 3 m o ° ° N ~ D. N n ~Ex D A N N y a N N y a N (P y a N °t y a V1 O N a N (n y a y y Ut X N £ - (D ED ED m ED m N N N N N N C ai m 3 3 3 3 N x x x x x x o x . . 3 3 3 3 3 3 0 CD3 @; ? ED v N m m m = W ED --i o 0 o c 'o 0 ^ l o " " m ti 3 ~ e3!_i m 0 ° = 0 N a" ED z o f0 U EEv.:ri C , N ~ d fp y : O O N_ O p N M& = N ] l l l o. u O! PMzE. .-y W I E c: N BE, S t+ ~ m m m ~ O v ~O m a... aw- n ° rd o, a ET O N N O o ? N N O C; ° x. F mm 3 0 m m 0 o3 , °.m c 3 o Mill 0 ED C m m 3 0 iu3i ai c ° a"m _ m o m 3 0 3 ° o w x m o 7 ED m o o o m o 3 v ° . r Dm .3=d O " , Mil i p_ N gmx l D m D m 0 o m n Q m ° ~ m si 0 D 0 a r t a 3 F ommi . .y City of Wheat Ridge of WHEgr 0 Community Development Department ~ m Memorandum ~o~oRPOo TO: Alan, Travis, and Jeff FROM: V4eredith SUBJECT: Landscape Regulations Modifications DATE: May 6, 2004 The following are proposed amendments to the existing landscape regulations in the zoning and development code. • Section 26-502.B. (page 1): Modifies the requirement for approval of landscape plans from institutional land uses to public/semi-public land uses. Removes the reference to the city arborist. • Section 26-502.B.4.c. (page 2): Adds the requirement to identify materials to be used for non-living landscaped areas. • Section 26-502.C.1. (page 2): Increases the maximum amount of non-living landscaping from 20% to 50%. • Section 26-502.C.3. (page 2): References landscaping "in" the right-of-way, not "on" the right-of-way. • Section 26-502.C.4. (page 2): Modifies reference from the UBC to the "adopted building code". • Section 26-502.C.5. (page 2): Requires all new landscaping installed to be served by drip or subsurface irrigation system which is zoned based on plant type. Requires an automatic rain shut-off-device. Should we add a wind sensor requirement? • Section 26-502.C.7. (page 3): Requires new fountains to use recirculated water. • Section 26-502.C.8. (page 3): -Bis€rHewe artificial turf and plant materials. • Section 26-502.C.9. (page 3): Requires compliance with water district regulations for watering. • Section 26-502.C.10. (page 3): Prohibits HOA's and restrictive covenants from prohibiting water wise landscaping. • Section 26-502.D.1.c. (page 3): For new single and two-family residence, prohibits more than 50% of yard to be turf. • Section 26-502.D.1.d. (page 3): Allows sides yards for single-family and duplexes to be exempt from required landscaped coverage if they are screened from public view. • Section 26-502.D.2.e. (page 4): Limits the amount of turf allowed for multi-family projects to 30%. • Section 26-502.D.3.e.4. (page 4): Limits the amount of turf allowed for commercial projects to 30%. • Section 26-502.G.3. (page 6): Requires the adjacent owner to maintain landscaping in the right-of-way. • Section 26-502.H. (page 6): Removes reference to the city forester. 0 Section 26-502.I. (page 6): Removes reference to the city forester. See. 26-502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. 1. Date, north point and scale (scale not to exceed one (1) inch equaling forty (40) feet with one (1) inch equaling twenty (20) feet desirable), name and location of the development; name(s) of owner(s); name, address and telephone number of person or firm preparing the plan; name and telephone number of the contact person for the project. 2. Topographic contours and spot elevations on final grading plan adequate to identify and properly specify landscaping for area needing slope protection. 3. Location of property lines with dimensions, adjacent streets and right-of-way, drainage features, building and structures, parking, loading and vehicular circulation areas, driveways, underground and/or overhead utility lines, and traffic sight distance triangles. 4. Landscaped areas on the site including: a. Locations, dimensions and square footage of all landscaped areas. This shall include calculations for total lot area, total landscaped area, area of living vegetation and area of non-living material. b. The locations, types, sizes and quantities of proposed plant and other materials. Common and botanical names shall be identified adjacent to all plant material or by use of a key and legend. d. The species, location and size of any existing plant materials to be preserved. e. The species, location and size of any existing plant materials to be removed. 5. Location and type of the irrigation system provided. 6. A description of existing trees which are proposed to be preserved during site preparation and construction. C. Landscape area requirements: 1. Any combination of two (2) or more of the following: grass, flowers, shrubbery, deciduous and coniferous trees, which shall be maintained in an orderly manner. The use Coverage shall be determined for the projected 2. The growth of any plantings or the erection of any landscape structure or berm is regulated by section 26-603B. 3. Except for approved street trees, the landscaping required the right-of-way between the property line and the curbline shall not be permitted to obtain a height greater than thirty-six (36) inches above the level of the roadway. 4. Landscaping shall be installed only on the property to be developed or for which a building permit is applied. For properties with existing development, landscaping in addition to existing landscaping shall be required on a percentage basis determined either according to square footage added, or substantially altered, or value added to the premises by proposed improvements, whichever is higher, up to the maximum required for that district. Existing valuation and valuation of pro osed changes shall be based on MMEMMMMEM valuation tables The term "substantially altered" means that the value of remodeling excess fifty (50) percent of the value of the building prior to such improvements. 5. All landscaped areas shall be served by a functioning automatic irrigation system, except on individual single-family and duplex residential lots. The requirement for a functioning automatic irri ation s stem ma be waived with an aDDroved ROMMI= Dian. growth after two (2) full growing seasons. 6. In all districts, any area of the lot not covered by building, parking, walkways, storage or display area must be landscaped. ) Pj'O 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 from 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. 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. b. In addition to trees required based upon public street frontage, one (1) tree and five (5) 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. 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. b. In addition to trees required based upon public street frontage, one (1) tree and five (5) 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 I- 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. (3) On residentially zoned property, a minimum ten-foot landscape buffer is required adjacent to public streets abutting front or side yards. (4) ffffAffM'dM requirements may apply if the project is located in the Streetscape 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; (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. 4 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; however, offsite landscaping cannot reduce the onsite requirements. E. Landscape buffering for parking lots. 1. Whenever a parking lot boundary adjoins property zoned for low- or medium- density residential use, or if zoned agricultural but developed as residential, a landscape buffer of six (6) feet from said lot boundary shall be required. Within the six-foot landscape buffer, a six-foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other acceptable groundcover or trees and/or shrubs shall be planted within the landscape buffer areas as approved by the director of community development through a landscape plan. 2. When a parking lot is placed between the public right-of-way and the structure(s), a screening of the parking area shall be established between the right-of-way and the parking area. This view-obscuring screen shall be composed of live plantings, berms, fences or walls, or a combination thereof The height of the screening shall be subject to the sight distance triangle requirements. See section 26-603. F. Plantings 1. 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. 5 h. When required in the Streetscape Overlay District, street trees within or adjacent to pedestrian walkways shall be a minimum of three (3) inches in caliper with a minimum of seven (7) feet of head clearance to the lowest branches. 2. 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. G. 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. H. Acceptable street trees shall be determined by the community development director Street trees in the Streetscape and Architectural Design Overlay districts shall conform to the plant list contained in the streetscape and architectural design manual. 1. Waivers and variances. Generally, for waivers and variances, see section 26-115. Whenever a waiver or variance is required which would be reviewed by the board 6 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. YiMff= regarding alternatives to total waiver requirements (for example, substituting planter boxes or hanging baskets for normal ground landscaping). Case No.: OA0405 Quarter Section Map N App: Last Name: itywide Related Cases: App: First N ame: F_ Case Histor y: Owns r: Last Name: Owner: First Nam e: - App Addre as: Review Body: City, State Z ip: F r----- App: Pho ne: I APN: t Owner Address: I 2nd Revie w Body: City/St ate/Zip: I 2nd Review Date ~ Owner Phone: I Decision-making Body Project Address: Appro val/Denial Date: Street Name : City/State, Zip: I Reso/Ordinance No.: Case Disposition: Project Planner: Reckert File Lo cation: ctive Notes: Follow-Up: o.: I i mend cc de regarding landscape standards PC_.. I ICC II CC Conditions of Approval: 7~ District: F_ Date Rec eived: /19/2004.. Pre-App Date: F_