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HomeMy WebLinkAboutOrdinance 1814 - Lutheran Legacy Zone District1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER Council Bill No. 01 Ordinance No. 1814 Series 2025 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CREATING A NEW ARTICLE XIV ENTITLED “MIXED-USE LUTHERAN LEGACY CAMPUS ZONE DISTRICT” AND MAKING CONFORMING AMENDMENTS THEREWITH WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety, or welfare; and WHEREAS, on October 25, 2021, the Council adopted the Lutheran Legacy Campus Master Plan after months of robust public engagement, which describes a vision for the future of the Lutheran Legacy Campus; and WHEREAS, on May 13, 2024, the Council adopted Resolution 26-2024 in support of a City-initiated zone change for the Lutheran Legacy Campus based on the adopted Master Plan; and WHEREAS, the City has engaged in a series of public open houses and meetings for the City-initiated zone change and Charter amendments throughout the year 2024; and WHEREAS, on November 5, 2024, the residents of Wheat Ridge approved an amendment to the City Charter modifying building height requirements within the Lutheran Legacy Campus to allow for the vision of the Master Plan to be implemented; and WHEREAS, the Council recognizes the need to create new, customized mixed-use zoning regulations for the Lutheran Legacy Campus to comply with the approved Master Plan and approved Charter amendments, allowing for the future redevelopment of the Campus. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: 2 Section 1. Chapter 26 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new Article XIV, entitled “Mixed Use Lutheran Legacy Campus Zone District”, to read in its entirety as follows. ARTICLE XIV. MIXED USE LUTHERAN LEGACY CAMPUS ZONE DISTRICT Sec. 26-1401. Purpose. A. The purpose of the mixed-use Lutheran Legacy Campus (MU-LLC) zone district is to support the redevelopment of the campus and to comply with the goals and intent of the adopted Lutheran Legacy Campus Master Plan. It shall create a flexible approach to land uses and promote development of the Lutheran Legacy Campus (“campus”) that: 1. Creates a balanced mix of land uses, including residential, institutional, civic, office, and neighborhood-serving commercial; 2. Improves the public realm through high-quality design; 3. Integrates existing assets, both built and natural; 4. Provides a network of open space, trails, and sidewalks; 5. Prioritizes pedestrians, bicyclists, and transit users; and 6. Respects the character and integrity of adjacent residential neighborhoods. Sec. 26-1404. District Established. A. Mixed use Lutheran Legacy Campus (MU-LLC) zone district. This district is established to support redevelopment of the former Lutheran Hospital campus, generally bounded by W. 32nd Avenue, Dudley Street, W. 38th Avenue, Allison Court, and Zephyr Court, and to encourage a mix of uses, create buffers between new development and existing neighborhoods, and to provide substantial and meaningful open space throughout the campus. 1. Low-density overlay. This overlay shall apply to the first row of development on the east, south, and west sides of the campus as illustrated on Figures 1 and 2 and defined as the buildings closest to the campus boundary regardless of setback. The requirements of this overlay are intended to ensure compatibility of land uses and building form with surrounding existing residential neighborhoods. 2. Sub-districts. Four sub-districts, numbered one (1) through four (4) and illustrated on Figure 3 shall determine the permitted uses within the MU-LLC zone district and in some cases, shall determine some development standards unique to that sub-district. 3 Figure 1 Figure 1: Low-density overlay. The low-density overlay is shown as the dashed line around the east, south, and west sides of the campus boundary and applies to the first row of development in that area. Figure 2 Figure 2: Low-density overlay detail. An example of the low-density overlay is shown on this figure as the shaded buildings closest to the campus boundary, regardless of setback. The non-shaded buildings are outside of the low-density overlay. 4 Figure 3 Figure 3: Sub-District Boundaries. The internal boundaries defining the eastern edge of sub-district 1 and the western edge of sub-district 4 follow the “horseshoe” path of the existing parkway street network. The boundary between sub-districts 2 and 3 follows the centerline of the existing Rocky Mountain Ditch. Sec. 26-1403. Applicability. A. All standards and requirements within article XIV shall apply to: 1. Site development, and 2. Expansion of existing structures by more than fifteen (15) percent of the gross floor area. B. Legal nonconforming uses. Where a use lawfully existed at the time of rezoning of the subject property to the MU-LLC zone district, and which is not a permitted use at that time under section 26-1410, Permitted Uses, such nonconforming use may continue to operate and exist, subject to section 26-120.C.6, except as modified below. 5 1. A structure containing a nonconforming use may expand its gross floor area by a maximum of twenty-five (25) percent without requiring a change to a conforming use. 2. Legal uses. The list below shall serve as a non-exhaustive list of legal uses that currently exist on the property at the time of the adoption of this article, but which are not a permitted use under section 26-1410: • Inpatient behavioral health and substance use disorders clinics; • Hospital; • Major utilities, such as the central utility plant for the hospital. 3. No use that lawfully existed at the time of rezoning of the subject property to MU-LLC shall be deemed a nonconforming use due to the requirement for a conditional use permit. However, if an existing use is designated as a conditional use in section 26-1410, any expansion of that use shall require a conditional use permit. C. Legal nonconforming structures. Where a structure lawfully existed at the time of rezoning of the subject property to the MU-LLC zone district, and which would not be allowed by this article because of building height, building placement or orientation, building design, parking placement or design, parking requirements, or site and vehicular access, such structure may continue to exist and may be enlarged, altered or added to provided that the alteration or addition does not increase the nonconformity. 1. Any new addition or expansion to a nonconforming structure shall comply with all provisions within this article, where practical. The community development director shall determine if there is a requirement that cannot be practically met. 2. Re-use of legally nonconforming structures shall be permitted and encouraged, including the hospital building and historical assets identified in section 26- 1411. D. Wherever provisions within this article conflict with other articles in chapter 26, the provisions within article XIV shall apply. E. This article grants authority to the community development director to make certain determinations and decisions concerning the applicability of provisions of this article in specific circumstances. Unless specifically permitted to be appealed, all such determinations and decisions of the community development director shall be the final decision of the city and not appealable to the board of adjustment. F. The illustrations that appear in this article are for illustrative purposes only. Sec. 26-1404. Building height and residential density. A. Principle. Building heights shall be tiered to ensure adequate transitions between larger and denser buildings at the center of the campus to shorter and less dense 6 buildings at the perimeter of the campus. Taller buildings within the center of the campus allow for a diversity of building types and sizes, by keeping height in the center of the campus and tapering it off toward the edges to respect the surrounding community. B. The following table establishes required building heights, in maximum number of stories and maximum feet. Both the measurement types—maximum stories and maximum feet—shall apply. For example, a building in the “Charter-exempted area,” as defined at section 26-1417, may only be a maximum of five (5) stories and seventy (70) feet; a building that is 70 feet tall may not include additional stories in excess of five (5), even if additional stories may fit within the 70-foot height limit. Additionally, a five (5) story building may not exceed seventy (70) feet in height. Building heights may not be increased through the administrative adjustment or variance processes otherwise available at sections 26-1416 and 26-115. C. Building height and city home rule charter. Where there is conflict regarding maximum building heights between this section and the city home rule charter, the maximums established in the city home rule charter section 5.10.1 shall apply. D. Residential density. A net density approach is permitted, whereby the overall campus is limited to 21 dwelling units per acre to comply with the limitations imposed by the city home rule charter section 5.10.1. Dispersion or concentration of those units shall be permitted on individual lots, such that density on individual lots may be higher or lower than 21 dwelling units per acre, but the maximum number of dwelling units on the entire campus shall not exceed the acreage of the net site area multiplied by 21. For the purposes of this calculation, the net site area shall mean all land included within the campus boundary, less any existing public rights-of-way and any required future public right-of-way dedications. Table 1: Building Height Maximums Low-Density Overlay Non-Exempt Areas and Not in Low-Density Overlay Charter Exempted Area Primary building(s) 2.5 stories (30’) Charter section 5.10.1 applies; limit of 35’ for any building containing a residential use, or 50’ for all other buildings 5 stories (70') Accessory building(s) 15', except detached ADUs which may be up to 25' 15', except detached ADUs which may be up to 25' 25’ 7 Sec. 26-1405. Building placement and orientation. A. Principle. In order to activate streets and open space and to enhance the pedestrian experience, buildings must be placed close to the street and pedestrian pathways and oriented toward the public realm. For areas adjacent to the perimeter of the campus, larger buffers are required to reduce impacts on existing established neighborhoods. B. Building setbacks. Setbacks establish the minimum distance between a building façade and the nearest property line. Front setbacks are generally not required except for some circumstances around the perimeter of the campus or for low- density uses; instead, building placement and orientation requirements established in subsections C and D require buildings to be built close to the street or publicly accessible open space. 1. The following table establishes required building setback requirements for all structures in the MU-LLC zone district. Table 2: Building Setbacks Building Setbacks (Primary Buildings) Low-Density Overlay All Other Areas Minimum side setback 5', or 30’ from campus boundary in east and south low- density overlay 0' (a) Minimum rear setback 5', or 30’ from campus boundary line in east and south low-density overlay 0' (a) Minimum setback from 38th Avenue property line Equivalent to the height of the building, with some exceptions for tiered buildings; Refer to requirements below and Figure 4 Equivalent to height of the building, with some exceptions for tiered buildings; Refer to requirements below and Figure 4 Maximum setback from 38th Avenue property line 140’ 140’ Minimum front or side setback for any building abutting Dudley Street 15’ (b) (c) N/A Minimum front setback for single- and two-unit dwellings, all other locations 10’ (c) (d) 10’ (c) (d) Minimum front setback for multi-unit residential (including N/A No setback requirement. Building orientation and 8 Notes: (a) Required separation between single attached dwelling buildings shall follow the requirements of section 26-1405.E. (b) Additional building orientation requirements apply to Dudley Street. Refer to the building entrances requirement within this section. (c) Front setbacks for single- and two-unit dwellings shall vary by at least three (3) feet from adjacent primary structures. Refer to requirements in section 26-1406.G. Porches, patios, decks, stairs and balconies which are open on at least two (2) sides may encroach into a required front setback by up to a maximum of one-third (1/3) the distance to the closest property line. (d) Front setback shall not result in a driveway length that would allow vehicle parking in the driveway to block sidewalks, subject to review by the community development director. This requirement does not apply to alley-loaded garages. (e) If an applicable setback cannot be easily determined, the community development director shall determine which setback applies. 2. 38th Avenue setback and step backs. New buildings shall be set back as far from the property line as they are tall (Figure 4, top image). If a building is tiered, utilizing a design that steps back upper stories, the upper stories shall be stepped back from the edge of the façade the equivalent to the height they add to the building; the lower story setback is equivalent to the lower story height, and the upper story step back is equivalent to the upper story height (Figure 4, bottom image). single attached) and nonresidential uses placement requirements apply. Building Setbacks (Accessory Buildings) Minimum side setback Single story: 5' or 0’ from edge of private alley 0' Two story: 5’ Minimum rear setback Single story: 5’, or 0’ from edge of private alley 0’ Two story: 5’, or 15’ from campus boundary line in east and south low-density overlay 9 Figure 4 Figure 4: 38th Avenue setback and step backs. C. Building entrances. All buildings shall have at least one (1) entry that faces a street or a publicly accessible open space. 10 1. For non-residential buildings or multi-unit dwellings, this entrance shall be a public/primary entrance available to all tenants, customers, residents, and guests and is not permitted to be a “back-of-house” or delivery-only entrance. For corner lots with more than one (1) street frontage, the primary entry may be oriented toward the corner. 2. For development sites with more than one (1) structure, those buildings that do not directly front a street shall have at least one (1) primary entrance that adjoins a pedestrian walk of at least five (5) feet in width. The primary entrance shall be connected to the street by a walkway at least five (5) feet in width that is clearly defined and separated from parking areas. 3. Within the low-density overlay along Dudley Street, buildings shall be required to have their front door face Dudley Street and/or the required publicly accessible open space(s) on Dudley Street (Figure 5). Sides of buildings may be permitted to face Dudley Street only if their front doors face a publicly accessible open space in the form of a park, plaza, cottage court, or similar. Rear yards and garage doors shall not face Dudley Street. Figure 5 Figure 5: Dudley Street Building Entrances. D. Building orientation and parking lot visibility. Buildings shall be predominately oriented toward the street or publicly accessible open space, encouraging an active and interesting street or open space frontage. The requirements of this section shall apply in lieu of a prescriptive build-to requirement but shall serve the same purpose of requiring buildings to be built close to the street and publicly accessible open space. 11 1. Off-street parking lots shall be located to the rear and side of buildings pursuant to the requirements of section 26-1407.B. 2. Building facades must meet the design requirements of section 26-1406.C. The entire façade does not need to be placed at the edge of a street or open space, allowing for some building façade variation including exposed courtyards, and breaking up an otherwise continuous street wall. 3. The community development director shall determine whether a building is placed and oriented appropriately in order to meet the intent of this section. 4. A low screen wall, fence, or garden wall may not be used as a substitute alone for a building meeting orientation requirement. 5. Accessory buildings shall not be located between the primary building and the street with the following exceptions: • If part of an outdoor gathering or dining area such as a freestanding patio cover or pergola, which may be used to meet building orientation requirements. • If a kiosk-style building that includes an active public commercial use such as retail or food and/or beverage sales. E. Attached residential development. The following requirements shall apply to single attached dwellings as defined in section 26-1119. 1. For units adjacent to streets or publicly accessible open space, front doors shall be located on the façade that faces the street or publicly accessible open space. For developments with more than one (1) building, street- or open space-facing orientation of front doors is not required for all buildings or dwelling units but shall be the predominant orientation in that sub-district, as determined by the community development director. 2. Structures shall be comprised of no more than eight (8) side-by-side units. 3. Separation between primary structures shall be a minimum of ten (10) feet. F. Minimum lot widths in the low-density overlay. The following requirements shall only apply to single-unit dwelling and duplex uses within the low-density overlay to ensure compatibility with existing residential development. For the purposes of this section, the lot width measurement shall be taken from the closest lot line parallel to or on the campus boundary, regardless of the orientation of the building. 1. Lots containing a single-unit home must be at least fifty (50) feet in width. 2. Lots containing a duplex must be at least seventy-five (75) feet in width. Sec. 26-1406. Building design, form, and materials. A. Principle. Quality architecture is a vital component in creating a unique sense of "place." Creative design that pays careful attention to the building's contribution to 12 the public realm — through massing, form, materials, and its relationship to the street or open space — is required. Additional design considerations must be made for lower-density residential uses to ensure variety in design. B. Applicability. The requirements of subsections C, D, E, and F of this section shall apply to all nonresidential buildings, mixed-use buildings, multi-unit residential buildings, and single attached dwellings. The requirements of subsection G shall apply to single detached dwellings and duplexes. C. Façade design and articulation. 1. All façades of a building shall provide a level of finished architectural quality and be designed to human scale. Each façade shall contain at least one (1) change in color or texture and rooflines shall include variation on all façades. Additional detail should be incorporated into the façade design by the use of at least three (3) of the following methods: • Reveals. • Belt courses. • Cornices. • Expression of a structural or architectural bay. • Articulation of windows and doorways, which may include sills, mullions, or pilasters that create a three-dimensional expression. • Change in material. 2. All façades of a building that face a street or a publicly accessible open space shall have at least one (1) variation in plane depth of at least one (1) foot for every fifty (50) linear feet of the length of the façade. All other façades shall have one (1) variation in plane depth of at least one (1) foot for everyone hundred (100) linear feet of the length of the façade. Any portion of a façade that is a glass curtain wall shall be exempted from this requirement. For single attached dwellings as defined in section 26-1119, the façade(s) containing front doors shall have a change in plane depth of at least one (1) foot for every unit. This may be achieved by a change in the wall plane within a single unit facade or by varying the plane depth of adjacent units. See Figure 6. 13 Figure 6 Figure 6: Variation in Plane Depth for Single Attached Dwellings. For the building on the left, changes in plane depth occur by varying the plane depth of adjacent units. For the building on the right, changes in plane depth occur within each unit facade. The requirement to vary plane depth does not necessarily require offsets in the building foundation and may be achieved by a variety of articulation and design elements noted in subsection 26-1406.C.3, below. 3. Non-permanent features such as canopies and awnings will not qualify as variation. Plane depth variation may be accomplished through elements such as: • Recessed entries. • Porticos. • Projecting porches. • Upper level step backs. • Dormers. • Offsets in the general plane of the façade, including columns, pilasters, protruding bays, reveals, fins, ribs, balconies, cornices, or eaves. 4. The primary entrance of a building shall be emphasized through at least two (2) of the following architectural elements: • Changes in wall plane or building massing. • Differentiation in material and/or color. • Higher level of detail. • Enhanced lighting. 14 This requirement for an entry feature shall also apply to the primary exterior entrances for single attached dwellings. 5. Parapet walls shall extend back at least three (3) feet so as not to appear as a false front, either by wrapping the wall around the corner or utilizing a deeper parapet wall. D. Materials. 1. Only primary building materials shall be used for all façades. Primary building materials include, but are not limited to: • Brick. • Stone. • Architectural pre-cast concrete. • Synthetic brick and masonry materials, subject to the approval of the community development director to ensure quality. • Synthetic wood siding materials, subject to the approval of the community development director to ensure quality. • Hard coat stucco. • Integral textured colored concrete block. • Terra-cotta. • Architectural metal panels. • Cement board siding or board and batten, with the following additional requirements: ◦ Shall only be used as a material if additional primary materials such as brick, stone, or stucco are also used on the façade. ◦ Shall not exceed seventy-five (75) percent of any façade facing a public street or publicly accessible open space. ◦ Shall not be the predominant material on a public-facing ground floor façade. 2. Materials that are not allowed include, but are not limited to: • Plywood paneling. • Vinyl and aluminum siding. • Un-articulated large format concrete panels. • Exterior insulating finishing system (EIFS) or other synthetic stucco products. 3. Material variation: All building façades that face a street or publicly accessible open space shall have at least one (1) change in material for each ten (10) feet 15 (and portion thereof) of wall height. A change in material must be at least twelve (12) inches in height. Masonry patterns, such as headers or rowlocks, can count as a change of material. Windows, canopies, and doorways will not count as a change in material. • As an exception, building façades may be predominantly brick or masonry materials and no material variation shall be required, provided changes in the brick pattern (such as headers or rowlocks) are included. This exception shall not apply to synthetic brick or masonry materials. • For EVCS canopies or carports, primary materials such as brick or stone shall be required around the canopy structure, for the total height of the support structure. 4. Accessory buildings: Accessory structure(s) shall have exterior materials that are architecturally compatible with the primary structure(s). E. Windows and transparency. 1. Transparency shall be calculated as the percentage of clear, non-reflective glass within the area between three (3) feet and eight (8) feet above the first- floor finished elevation. Transparent doors and window mullions shall count as part of the transparent area. Structural elements and opaque or reflective glass shall not count toward the transparency requirement, except that up to twenty (20) percent of the transparency requirement for any, one (1) façade may be fulfilled by spandrel glass. The percentage of non-reflective spandrel glass used may be increased in limited circumstances if back-of-house portions of buildings must face a public street or publicly accessible open space, subject to the approval of the community development director. 2. Retail uses. The façade with the primary entrance shall be at least sixty (60) percent transparent. All other façades facing a street or publicly accessible open space shall be at least thirty (30) percent transparent. 3. All other nonresidential uses (excluding retail). The façade with the primary entrance shall be least forty (40) percent transparent. All other façades facing a street or publicly accessible open space shall be at least twenty-five (25) percent transparent. 4. Glass display cases may count toward the transparency requirement only if they give the appearance of windows, are at least eighteen (18) inches deep, and are maintained with items of interest, including window display graphics. 5. For retail uses, all ground floor windows shall be a minimum of five (5) feet in the vertical dimension. 6. For all nonresidential uses (including retail) on corner lots, the minimum transparency required for the façade with the primary entrance may be transferred to another façade facing a street or publicly accessible open space 16 provided that the transparency on the façade with the primary entrance is not less than thirty (30) percent. 7. Windows shall be recessed so as to not appear flat with the building façade. For commercial buildings, windows shall be recessed at least two (2) inches. For residential buildings, including multi-unit residential, windows shall be recessed at least three-quarters (3/4) inch. Window details shall be provided for review with the applicable site plan or building permit application. F. Screening—Loading, service areas, and utilities. 1. All loading docks, utility structures, and other service areas associated with a building shall be fully screened from view by walls or fences. 2. Screening elements shall be composed of materials consistent with the primary building. Wood and vinyl fences shall not be allowed as screening materials, with the exception of four (4) foot tall wood fences being permitted to screen ground-mounted air conditioning units for residential development. Screen walls and fences over ten (10) feet in length shall be bordered by a minimum four-foot-wide landscape buffer. 3. Trash enclosures shall be compatible with the building design and materials and screened with full wall enclosures. Such enclosures may not be located between the building façade and the street. Wood fences or chain link fences shall not be permitted as trash enclosures. 4. All screening elements shall be at least as tall as the object (e.g. trash enclosure, loading dock, or utility structure) being screened. 5. Rooftop equipment shall be screened by parapets or enclosures. Screening elements shall be composed of forms, materials, and colors that are compatible with the architectural qualities of the building, including materials, scale, form, and color. The screening element shall be at least as tall as the item being screened and may be shorter than the equipment only if the equipment is set back so that it is not visible from an adjacent street or publicly accessible open space, to be demonstrated by drawings by the applicant. The community development director may reduce or waive these screening requirements in the following circumstances: • The equipment is not visible from the street, existing residential development, or adjacent publicly accessible open spaces, to be demonstrated by drawings by the applicant. • For existing buildings, the existing condition and construction of the roof makes attaching a new enclosure impractical or would compromise the integrity of the roof membrane. • For existing buildings, there is existing unscreened rooftop equipment and screening new facilities would result in a more conspicuous design. 17 6. Wherever possible, exterior utility boxes and above-ground utility installations shall be located to the side or rear of buildings, and not visible from an adjacent street or publicly accessible open space. If not possible, screening utilizing fencing and/or landscaping shall be required to the greatest extent feasible. G. Design requirements for single detached dwellings and duplexes. 1. Adjacent residential structures shall have variety in material, color and/or design such that they do not appear to be matching or identical. This variety may be achieved by a combination of different design elements, materials and/or colors. 2. No two adjacent residential structures shall have the same front setback. Front setbacks shall vary a minimum of 3 feet. 3. Minimum 12-inch eaves shall be required for all pitched and shed roofs. 4. Porches or other projecting features such as entry awnings shall be required for all dwelling units. 5. Wherever possible, garages should be accessed from rear alleys and garage doors should not face the street. 6. Within the low-density overlay, the following additional requirements shall apply: a. Primary structures are limited to 2.5 stories and 30 feet. Where a half story is utilized, it shall meet the following requirements (as illustrated in Figure 7): • The total gross floor area of the half story shall be no greater than 75 percent of the gross floor area of the story below. • The half story shall be fully contained within the form of a pitched roof. Dormers are permitted, measuring no more than eight (8) feet wide and six (6) feet tall, as measured from the lowest point of the intersection between the roof and the dormer to the mean height level between the eaves and ridge of the roof; and occupying no more than fifty (50) percent of the roof. • For duplexes, the half story must be contained within the same dwelling unit as the floor below it. b. If structures are over two (2) stories, up to the 2.5 story limit, pitched roofs are required. Flat and shed roofs are only permitted for one (1) and two (2) story homes. c. Rooftop or second-story decks shall be prohibited on the side(s) of the building which directly abut(s) existing residential development. d. For dwelling units on Dudley Street, garage doors shall not face the street and must only be accessed from a rear alley. 18 Figure 7 Figure 7: 2.5 story house. 7. The façade design and material requirements of subsections C, D, E, and F shall not apply, except for the prohibited materials listed in subsection D. 8. Accessory buildings. Accessory structure(s) shall have exterior materials that are architecturally compatible with the primary structure(s). 9. Wherever possible, exterior utility boxes and above-ground utility installations shall be located to the side or rear of buildings, and not visible from the street or publicly accessible open space. If not possible, screening utilizing fencing and/or landscaping shall be required to the greatest extent feasible. Four (4) foot tall wood fences are permitted to screen ground-mounted air conditioning units. Sec. 26-1407. Parking requirements, design standards, and quantities. A. Principle. Streets and open spaces are more vibrant and interesting to people if they are lined with buildings and active uses. Surface parking shall be located behind buildings, toward the interior of lots, and shall be screened from view from adjacent streets and publicly accessible open space. Structured parking shall be placed to minimize impacts on surrounding development and be designed to be compatible — in terms of form, materials, and architectural style — with adjacent development. Large areas of parking encourage automobile use and detract from the land available for high quality development. Strategies to utilize parking areas effectively — such as shared parking and parking structures — are highly encouraged. The purpose of these requirements is to limit off-campus impacts and parking spillover and ensure high utilization and efficiency of parking areas. B. Surface parking placement. Parking areas shall be located to the rear or side of the building and shall not be located between a building and a street. For properties 19 with more than one (1) building, parking is not allowed in front of the building(s) closest to the street but is allowed in front of permitted building’s interior to the development site as long as that parking is not between the building and another street (Figure 8). 1. As an exception to this rule, parking may be placed between buildings and 38th Avenue within the required building setback on this frontage. The surface parking buffer and screening requirements of this section shall apply. Figure 8 Figure 8: Off-street Parking Location. Parking must be to the rear or side of buildings closest to a street. C. Surface parking buffers and screening. 1. Where a surface parking lot must directly abut a street or publicly accessible open space, one (1) or more of the following screening elements shall be used: • Minimum five-foot wide landscape buffer with regularly spaced trees and/or shrubs to soften the parking edge. • A vertical screening device, thirty (30) to forty-two (42) inches in height (and in compliance with the sight triangle requirements of section 26-603). The screening device may be a continuous masonry wall constructed of stone, brick, or split-face concrete block, a combination masonry pier and decorative iron railing, or any other decorative and durable screening device that is consistent with the materials of the primary building. Wood, chain link and vinyl picket fencing shall not be permitted. • Where a parking lot's frontage along the street or publicly accessible open space is greater than twenty (20) linear feet, no more than thirty (30) percent of the screening requirement may be fulfilled by a landscape buffer alone. 20 2. Where a surface parking lot boundary abuts a residential use, a minimum ten (10) foot wide landscape buffer is required between the parking lot and the adjacent property line. This width may be reduced to six (6) feet if an opaque six (6) foot fence or decorative wall is placed at the property line. The landscape buffer shall contain regularly spaced trees and/or shrubs (Figure 9). Figure 9 Figure 9: Parking Lots Adjacent to Residential Use. Such parking areas require a minimum six-foot landscaped buffer and screen wall between the parking area and residential use. D. Surface parking design. 1. Parking areas shall meet the requirements for the design of off-street parking — including surfacing, landscaping, lighting, and space/aisle dimensions — stated within section 26-501.E.5., section 26-501.E.6, section 26-501.E.7 and section 26-501.E.11. 2. Permeable paving is encouraged, subject to review and approval by the Engineering Division and applicable fire department. 3. Parking areas over ten thousand (10,000) square feet shall contain a well- defined pedestrian walk, whether by change in paving material or landscaping, that connects the parking area to the adjacent street and the building(s) on site. The community development director may determine that parking lots smaller than ten thousand (10,000) square feet must include a pedestrian walk. 21 E. Parking structure design. 1. Parking structure design shall be compatible with adjacent buildings in terms of form, massing, scale, materials, and façade articulation. 2. Wherever possible, parking structure facades shall not be visible from a street or publicly accessible open space. If a parking structure façade is visible from a street or publicly accessible open space, it shall be subject to the following requirements: a. Spandrel panels or opaque screening systems, such as louvers, at least thirty-six (36) inches in height shall be used to screen vehicles from view on all levels. b. Shall be orthogonal in composition so that ramping systems are not visible (Figure 10). c. Shall include a minimum of three (3) architectural elements that provide variety and human scale, including: • Articulation of façade and inclusion of columns and bays; • Differing patterns or sizes of openings; • Changes in plane of walls; • Changes in material, pattern, or color; • Expression of material or cladding system modules; • Joint patterns and attachment details; • Art or ornamentation integral with the building. 3. Wherever possible, especially for parking structure façades that face a street or publicly accessible open space, the ground floor of the parking structure should incorporate retail, commercial, or other nonresidential uses to help activate the frontage. Alternatively, a parking structure can be wrapped with multi-story residential uses. 4. Any ground-level façade of a parking structure that is visible from the street or publicly accessible open space and which does not provide retail, commercial, other active ground floor uses, or is wrapped with multi-story residential, shall include at least two (2) of the following design features: • Façade articulation through change in vertical plane or a change in building material. • The use of windows or false windows defined by frames, lintels, or sills. • Integration of multiple building entrances. • Buffering along the street edge with landscaping, street trees, green walls, or trellises with vines. 22 Figure 10 Figure 10: Parking Garage Design. The image on top illustrates a garage façade with an expressed ramping system, which is not allowed. The image below illustrates the same garage with a façade that is orthogonal, with all floors at ninety (90) degree angles. F. The following table specifies the number of parking spaces required by general use group. Table 3: Parking Requirements Use Group Minimum Required Parking Maximum Allowed Parking Lodging — Hotels or bed and breakfast 1 space per 2 rooms 1.5 spaces per room Office/bank 2 spaces per 1,000 square feet 5 spaces per 1,000 square feet Assembly space including theaters and places of worship 1 space per each 5 seats 1 space per 2 seats Residential 1 space per unit 2.5 spaces per unit Residential, deed-restricted affordable 0.5 spaces per unit or 0.25 spaces per unit if within ¼ mile of a fixed guideway 2 spaces per unit 23 transit station or bus rapid transit Restaurant 4 spaces per 1,000 square feet 10 spaces per 1,000 square feet Retail or personal services 3 spaces per 1,000 square feet 5 spaces per 1,000 square feet All other uses Uses not specifically listed above shall submit a parking analysis as part of development review for approval by the Community Development Director Note: Square feet are measured as the gross interior floor area of the entire building or portion of building devoted to a specific use or uses, less the following: mechanical/utility rooms, restrooms, elevators, stairwells, show windows, hallways, common areas such as building lobbies, and kitchen areas. For the purpose of estimating parking requirements where detailed calculations for the above-stated exceptions are lacking, it shall be assumed that such excepted space covers no more than ten (10) percent of gross floor area. G. On-street parking. On-street parking spaces directly abutting the use may count toward the total number of required parking spaces and may also count as guest parking. H. Off-property parking. If the campus is platted and buildings are built on separate lots, parking requirements for a particular building may be met off-property, meaning on another property within the campus, up to a walking distance of one thousand (1,000) feet via a publicly accessible route from the property, so long as such parking is subject to an off-property parking agreement. The publicly accessible route must be approved by the community development director. The off-property parking agreement must be submitted for approval by the community development director and once approved, recorded against all properties subject to the agreement. I. Shared parking. Shared parking is permitted and strongly encouraged. Shared parking shall be approved subject to the review and approval of a shared parking study citing the currently adopted version of the Urban Land Institute (ULI) accepted shared parking ratios. For commercial, hospitality, and office uses as categorized in the permitted use chart in section 26-1410, cross-access shall be required within and between parking and vehicular access areas to ensure efficient parking layouts and connections between uses. J. Accessible parking shall be provided in accordance with section 26-501.E.9. K. Off-street loading shall be provided in accordance with section 26-501.E.8. L. Bicycle parking. Bicycle parking shall be provided in accordance with section 26- 501.E.4. M. The community development director shall have authority to request that on-site visitor parking or loading areas be provided if there are no on-street parking spaces abutting the use or if the parking is predominantly provided in private garages. Visitor parking shall be provided throughout the campus. 24 N. Electric vehicle (EV) parking shall be provided in accordance with section 26-501 E.13. Sec. 26-1408. Site circulation and access. A. Principle. Access and circulation for automobiles shall be designed to minimize the number of curb cuts, increase connectivity, and encourage shared access points from streets so that disruptions to the pedestrian environment are minimized. A well-connected network of accessible pedestrian and bicycle paths shall be prioritized, connecting to site amenities and open spaces. B. Block layout. A well-connected network of gridded streets and alleys shall be provided. Cul-de-sacs are prohibited; a street may only dead-end subject to approval of the community development director and a dead-end street shall still provide a through pedestrian and bicycle connection to the larger network of paths. C. Curb cuts. For new development along existing streets, where a curb cut already exists, the number of curb cuts to the site may not be increased, to the extent feasible. Where possible, existing curb cuts should be consolidated. 1. Wherever possible, vehicular access to a site or building shall occur through an alley, rather than by a curb cut from the street. 2. Curb cuts along a secondary street, rather than a primary street, are encouraged. 3. Driveway curb cuts for individual dwelling units are prohibited on Dudley Street. All garages must be accessed through a rear alley. Refer to subsection E. D. Vehicular entrances. Vehicular entrances to buildings and parking garages that contain a ramp shall be screened from view of the street or adjacent publicly accessible open space. Where a vehicular entrance or ramp directly abuts a pedestrian walk, appropriate cautionary signs shall be used to alert pedestrians of the presence of vehicles and to inform drivers that pedestrians have the priority. E. Vehicular connections to adjacent residential development. Vehicular street connections shall be prohibited to streets in adjacent residential development, including Dudley Street, Cody Court, Balsam Street, W. 33rd Avenue, Ammons Court, Allison Street, and Allison Court. Pedestrian and bicycle connections to these streets are permitted, and in some cases, required. The prohibition of a direct vehicular street connection to Dudley Street shall not prohibit a secondary vehicular connection to be allowed for fire and emergency access and/or indirect alley access to access alley-loaded garages for dwelling units along Dudley Street. This prohibition shall not apply to W. 32nd Avenue or W. 38th Avenue. F. Street design. New private streets and improvements to public streets shall meet the requirements for the Lutheran Legacy Campus in the City of Wheat Ridge Streetscape Design Manual. 25 Sec. 26-1409. Open space and landscaping requirements. A. Principle. Parks, plazas, squares, trails and other forms of publicly accessible spaces play an important role in the quality of a place. Landscaped and hardscaped areas contribute to the public realm by providing places for people to gather, relax, and recreate. B. Open space required. Twenty (20) percent of the net development site area shall be preserved as publicly accessible open space, as described within subsection C and defined in section 26-1417. For the purposes of this calculation, net development site area shall mean the total site area less public or private rights-of-way for streets and their associated sidewalks and amenity zones. Open space shall be distributed throughout the campus in all sub-districts. At least seventy-five (75) percent of the required publicly accessible open space must be usable open space, as described within subsection D and defined in section 26-1417. C. Publicly accessible open space. Throughout the campus, open space shall be required to be dedicated as publicly accessible. This type of open space must be accessible by the general public in addition to residents, guests, and tenants of the campus development. 1. Publicly accessible open space shall be owned and maintained by an owners’ association or metropolitan district with a recorded perpetual public access easement if not owned by the City. 2. All sub-districts shall include areas of publicly accessible open space. Specific requirements are contained within this section for certain areas. 3. Minimum living landscaping. At least thirty-five (35) percent of the required publicly accessible open space area shall be composed of living landscape materials, including trees. The requirements of sections 26-502.C, D, and F shall apply. 4. Aggregated open space. Publicly accessible open space shall be aggregated into larger parks, plazas, and squares, rather than calculated per parcel. 5. Dudley Street. A publicly accessible park or plaza shall be dedicated along Dudley Street generally aligning with the intersection with W. 35th Avenue and shall be subject to the following minimum requirements: a. Minimum 100-foot frontage on Dudley Street. b. Shall include continuous walking and bicycle paths to access the interior of the campus from the intersection of Dudley Street and W. 35th Avenue, which shall extend beyond the boundary of the park or plaza to the edge of Sub- District 3 and connect to the overall pedestrian and bicycle network. c. Shall not provide a direct vehicular connection from Dudley Street into the development. 26 d. Shall provide clear wayfinding to connections and amenities within the development. 6. Rocky Mountain Ditch. Publicly accessible open space shall be provided along the entire extent of the Rocky Mountain Ditch within the campus, subject to the following requirements: a. The developer shall engage with the Rocky Mountain Ditch Company, who controls the rights to the ditch and what types of development and landscaping are permitted within its boundaries. The Rocky Mountain Ditch Company may determine whether existing trails, trees, and other improvements are permitted to remain within its easement/area of control and what changes may need to be made to those improvements or the ditch itself. b. The existing trail and trees along the ditch shall be preserved to the greatest extent feasible per the Rocky Mountain Ditch Company’s requirements, with necessary upgrades to meet ADA requirements. If the Rocky Mountain Ditch Company requires relocation of the trail, a trail shall be placed parallel to the ditch outside of the Company’s easement/area of control. c. A continuous trail shall be provided parallel to the ditch, with crossings allowing access from both sides of the ditch if a trail is only provided on one side. d. The ditch trail(s) shall be integrated with other publicly accessible open spaces along the trail and shall include direct connections to streets and other walking and bicycle paths. e. A park or plaza shall be provided adjacent to the Rocky Mountain Ditch in sub-district 2 or 3 with a minimum 100-foot frontage along the ditch trail. D. Usable open space. At least seventy-five (75) percent of the required publicly accessible open space percentage must be usable open space. The 75 percent value is based on the required value of publicly accessible open space, not the provided value. Usable open space includes open space which, by its configuration, size, and design, can be used for passive or active recreation. 1. Usable open space shall include: a. Plazas, parks, outdoor dining areas, courtyards, and community gardens. b. Sport and play areas including athletic fields, playgrounds, gaming areas, and dog runs. c. Walking paths or sidewalks of at least six (6) feet in width if part of a larger pedestrian or bicycle network, such as a walking loop or paths through other usable open spaces such as a common lawn or plaza. d. Turf grass areas that exceed the restrictions on non-functional turf (i.e. “functional” turf areas). 27 e. Natural areas with native landscapes meeting the intent of usable open space such as native seed or xeric landscaping that abut a qualifying walking path or sidewalk or abut another qualifying usable open space area. f. Drainageways, ponds, and other areas required for stormwater quality or detention may qualify only if such areas are designed for passive or active use and are landscaped with living material, subject to approval of the community development director. 2. The following do not qualify as usable open space, but may count toward the overall percentage of publicly accessible open space if the ownership and maintenance requirements of publicly-accessible open space are met: a. Land with a slope steeper than one (1) foot (vertical) in three (3) feet (horizontal). b. Drainageways, ponds, and other areas required for stormwater quality or detention if not designed for passive or active use. 3. The following do not qualify as usable open space and shall not be used to count toward the overall percentage of publicly accessible open space: a. Sidewalks along a public or private street that are required to be placed in right-of-way or a tract containing a private street, including required landscaped amenity zones for those streets. b. Paved areas serving as parking, loading, delivery, or utility areas, including driveways, parking lots, alleys, and delivery ramps. c. Parking lot islands and parking lot medians. d. Required surface parking lot buffers and screening. e. Areas occupied by buildings or structures, except for shade structures that cover a space that would otherwise qualify as usable open space. f. Private fenced yards for the exclusive use of a single owner or occupant of a single-unit, two-unit, or single attached dwelling. These areas still contribute to additional open space and landscaped areas on the campus but may not be used to meet the publicly-accessible or usable open space requirements. g. Private amenity spaces for multi-unit residential or commercial buildings, such as pools and pool decks, rooftop patios, or courtyards, for the exclusive use of the occupants. E. Landscaping for Single Detached and Duplex Uses. For all single detached and duplex uses within the campus, including all residential development within the low- density overlay, the following requirements shall apply: 1. One hundred (100) percent of the front yard shall be landscaped, excepting pedestrian and vehicular access. 28 2. One (1) tree per lot is required, to the placed within the front setback area. If a lot is wider than seventy (70) feet, one (1) tree shall be placed within the front setback per seventy (70) linear feet of frontage. 3. A maximum of two-thirds (2/3) of the front yard shall consist of non-living material and features. A fully rocked or mulched front yard must contain a minimum one-third (1/3) living plant coverage, as measured by projected growth after two (2) years. 4. The use of xeric/waterwise plant materials is required. 5. Native grasses and/or wildflower mixes of a height greater than twelve (12) inches must be confined to the rear yard or planted within a defined bed with a structural or spaded edge in the front yard. F. Xeric/Waterwise Required: The use of xeric/waterwise plant materials and principles are required and shall be used to guide design and promote water conservation. G. Artificial turf. 1. Artificial turf is permitted in limited circumstances, as follows: • Sport and play areas specifically designated for athletic purposes including but not limited to athletic fields of play, playgrounds, gaming areas, and dog runs. • Private fenced side and rear yards of single detached, duplex, and single-attached dwellings, including townhomes, up to a maximum of 400 square feet per dwelling unit. • The only use of artificial turf that qualifies as landscape materials (non-living) is for athletic fields of play. Other uses of artificial turf, including playgrounds, gaming areas, and dog runs, shall not qualify as landscaping. • The location shall be approved through a site plan application, civil construction documents, site work permit, or building permit, whichever is applicable, and permeability shall be accounted for in drainage plans. 2. Artificial turf is prohibited in the following locations: • Required parking lot landscape buffer areas. • Areas owned and/or maintained by owners associations, except where used for athletic fields of play. • On commercial, industrial, and institutional properties, except where used for athletic fields of play. H. Non-Functional Turf. In additions to the limitations set forth in section 26-502.D, non-functional turf shall also be prohibited in the following locations. 29 • Landscaping with slopes greater than 4:1, and • Landscape strips less than six (6) feet in width. I. Tree preservation. 1. Existing trees shall not be removed prior to review and approval of the concept plan and site plan review processes outlined in sections 26-1414 and 26-1415. 2. The intent of these regulations is to ensure existing healthy trees larger than a four (4) inch caliper remain, to the extent feasible. If healthy trees over four (4) inch caliper are proposed to be removed, justification shall be provided and reviewed by the community development director. If necessary to be removed, trees shall be replaced on a per caliper basis elsewhere within the respective sub-district pursuant to Table 4 below. Table 4: Tree Preservation, Transplantation, and Removal Health/Size Preserve Transplant Replace Remove Without Replacement Healthy / < 4” caliper Allowed Allowed Allowed Allowed Healthy / 4”-12” caliper Allowed Allowed Required @ 1:1 Not Allowed Healthy / > 12” caliper Allowed Allowed Required @ 2:1 Not Allowed Unhealthy or Diseased Depends on Tree Survey Not Allowed Not Required Allowed Table Notes: 1. Transplantation is subject to community development director approval and demonstration of reasonable probability of success. 2. Location for transplanted or replacement trees subject to approval through site plan review. 3. Total caliper of replacement trees shall equal or exceed total caliper required, as noted above. 4. Preservation or removal of unhealthy or diseased trees shall be assessed on a case-by-case basis. 3. A tree canopy analysis shall be required as part of the concept plan application materials. Additional information shall be required with subsequent site plan applications including the health, species, and location of existing trees with a four (4) inch caliper or greater and the proposed disposition of those trees (i.e., replace or preserve). Final determination to preserve, transplant, replace, or remove existing trees shall require the approval of the community development director as part of the site plan review process. 30 J. Streetscaping. All new development, including expansions of an existing structure by 50 percent or more of the floor area, shall meet the applicable requirements in the City of Wheat Ridge Streetscape Design Manual. K. All requirements of section 26-502, subsections C, D, and F shall apply to the MU- LLC district. The remaining subsections of section 26-502 shall not apply. L. The stormwater requirements of section 26-507 shall apply. A regional approach to stormwater management and detention shall be required, utilizing shared detention areas serving the campus. M. The site grading and retaining wall requirements of section 26-508 shall apply. 31 Sec. 26-1410. Permitted uses, requirements for mixed use development, and conditional use permits. A. Principle. The MU-LLC zone district emphasizes building form, rather than permitted uses. A range of uses is permitted to promote mixed use development targeted in certain sub-districts of the campus. B. Permitted and conditional uses are shown in the following table. This table, and not the tables in section 26-204 or 26-1111, shall apply for the MU-LLC zone district. Uses not listed shall be deemed excluded. 1. The community development director has the authority to determine that a use not specifically listed should be permitted or allowed on the basis of it being similar to a listed use, compatible in character and impact with uses in the zone district, consistent with the intent of the district, and which would not be objectionable to nearby property by reason of odor, dust, fumes, gas, noise, radiation, heat, glare, vibration, traffic generation, parking needs, outdoor storage or use, or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment as an interpretation request. Table 5: Permitted Uses within MU-LLC Overlays and Sub-Districts Use Group Low-Density Overlay Sub-district 1 (outside of Low- Density Overlay) Sub-district 2 Sub-district 3 Sub-district 4 (outside of Low- Density Overlay) Residential Assisted living facility NP P P P P Dwelling, single detached P P NP NP P Dwelling, single attached NP P P P P Dwelling, duplex P P NP NP P Dwelling, multiple NP NP P P C Dwelling, live/work NP P P P P Residential group homes for 8 or fewer persons, plus staff P P P P P Residential group homes for 9 to 14 persons, plus staff NP C C C C 32 Residential group home for 15 or more persons, plus staff NP NP NP NP NP Short-term rental (see § 26-645) P P P P P Public, Civic, and Institutional Amphitheater NP NP C C NP Community buildings and cultural facilities, including libraries, museums, and art galleries NP P P P P Hospital NP NP NP NP NP Freestanding emergency room facilities NP NP NP NP NP Parks, open space, playgrounds, and plazas P P P P P Place of worship C P P P P Public uses and buildings P P P P P Recreation facilities, indoor and outdoor P P P P P Schools, public and private; colleges, universities, and trade schools C P P P P Utilities, major NP NP NP NP NP Utilities, minor P P P P P Urban gardens (See § 26-637) P P P P P Transit stations, public or private NP P P P P Commercial Services and Retail Adult entertainment and night clubs NP NP NP NP NP Animal daycare facility (See § 26- 644) NP NP P P NP Bail bonds (per § 26- 634) NP NP NP NP NP 33 Banks and financial institutions, no drive- through or drive-up NP NP P P C Bars and taverns NP NP P P NP Bed and breakfast C P P P P Car washes NP NP NP NP NP Day care center, child and adult C P P P P Drive-up or drive- through uses, any type NP NP NP NP NP Eating establishment / restaurant NP NP P P C Electric vehicle charging station (EVCS), retail NP NP NP NP NP Food truck park NP NP P P C Massage business (See chapter 11, article X, Code of Laws for additional restrictions) NP NP P P C Microbrewery, microdistillery, or microwinery; with a tap room NP NP P P NP Microbrewery, microdistillery, or microwinery; without a tap room NP NP NP NP NP Motor fueling stations NP NP NP NP NP Motor vehicles sales NP NP NP NP NP Outdoor storage NP NP NP NP NP Pawn brokers NP NP NP NP NP Personal services NP NP P P C Produce stands (See § 26-636 and § 26- 613 for home occupations) P P P P P Recreation facilities, commercial NP NP P P NP 34 Repair, rental and servicing of automobiles NP NP NP NP NP Retail sales, kiosk or eating establishment, kiosk NP NP P P C Retail sales — up to 20,000 gsf for one tenant space NP NP P P C Retail sales — up to 60,000 gsf for one tenant space NP NP P C NP Retail sales — over 60,000 gsf for one tenant space NP NP NP NP NP Urban gardens (See § 26-637) P P P P P Veterinary clinics and hospitals, no outdoor runs, play yards, pens, or training areas NP NP P P C Hospitality and Entertainment Hotels NP NP C C NP Motels (as defined in section 26-123) and extended stay lodging (See ch. 11, art. XVI) NP NP NP NP NP Studios, including art studios and galleries, music, dance, television, and radio broadcasting stations NP NP P P C Theaters (indoor) NP NP P P NP Office and Industrial Healing centers (may not be located within 1000 feet of a childcare center, preschool, elementary, middle, NP C P P C 35 junior or high school or a residential childcare facility) Maker space/workshop NP C P P C Medical and dental clinics NP C P P C Offices NP C P P C Office-warehouse, no outdoor storage NP NP NP NP NP Outdoor storage NP NP NP NP NP Restricted light industrial NP NP NP NP NP Self-storage facility NP NP NP NP NP Wholesale NP NP NP NP NP Ancillary Uses Accessory dwelling unit (see § 26-646), as an accessory use to a single detached dwelling P P NP NP P Day care home, small or large, as an accessory use to a single detached, duplex, or single attached dwelling P P P P P Electric vehicle charging station (EVCS), retail or non-retail P P P P P Home occupation (see § 26-613) P P P P P Parking facilities P P P P P Short-term rental (see § 26-645) P P P P P Temporary Uses Special events, including festivals and farmers markets. For farmers' markets, see § 26-635 P P P P P 36 Key: P = Permitted, C = Conditional Use, NP = Not Permitted C. Requirements for mixed-use development. To ensure a presence of sales tax generating and neighborhood-serving commercial uses in the northern portion of the campus, sub-districts 2 and 4 shall include a combined minimum of ten thousand (10,000) square feet of commercial building area. For the purposes of this requirement, such building area must be able to accommodate sales tax generating uses and neighborhood-serving uses such as any neighborhood-serving retail, restaurant, or personal services use approved by the community development director. D. Conditional use permits. Any use with a “C” in the permitted use table shall only be allowed if reviewed and approved by the community development department pursuant to the standards set forth below. 1. Pre-application meeting. Prior to submittal of a conditional use permit application, the applicant shall attend a pre-application conference, as described in section 26-104. 2. Conditional use permit application. Conditional use permit applications shall be submitted only after a pre-application meeting. All applications shall be submitted to the community development department and may be reviewed concurrently with a site plan application. Applications shall conform to the submittal requirements established by the community development department. 3. Conditional use permit criteria. The following criteria shall be used in evaluating each application. a. The compatibility of the proposed use with the comprehensive plan, the Lutheran Legacy Campus master plan including alignment with applicable use suitability maps, and any future adopted plans for the campus; b. The compatibility of the proposed use with existing and proposed adjacent uses, in terms of scale, site design, and operating characteristics (including traffic generation, lighting, noise, and hours of operation); c. The ability to mitigate adverse and undesirable impacts to the surrounding area, including but not limited to, visual impacts, air emissions, noise, vibrations, glare, heat, odors, water pollution, and other nuisance effects; d. Amount of traffic generation and capacity and design of roadways to handle anticipated traffic; e. The incorporation and integration of architectural and landscape features to mitigate impacts from the proposed use. 4. Conditional use permit approval. The community development director shall have the authority to approve or deny any conditional use permit application. In approving the application, the community development director may place conditions necessary to meet the criteria outlined in this section. 37 5. Transfer of conditional use permit or requirement for updated conditional use permit. A conditional use permit may be transferrable, subject to the discretion of the community development director. In most cases, after buildings are completed and entitled with an approved conditional use permit, new conditional use permits for new similar users are not required. The director may determine if a new conditional use permit is required, only if a new proposed use is more intensive than what the current conditional use permit may allow, or the building or use is being expanded. 6. A decision by the community development director to deny a conditional use permit application or any conditions on approval imposed by the community development director may be appealed to the board of adjustment in the same manner as administrative variances pursuant to section 26-115. 7. Time limit on conditional use permits. For any applicant to exercise the right to develop a conditional use permit, a certificate of occupancy for the development of the conditional use must be issued within three (3) years of the date of approval. Sec. 26-1411. Preservation of existing buildings. A. Principle. The Lutheran Legacy Campus Master Plan and City Council Resolution 03-2022 identified three existing assets with historic value. These assets contribute to the character of the campus and must be integrated within the development. B. Existing assets identified. The three structures identified are the chapel, the “Blue House”, and the tuberculosis tent. C. Requirements. The concept plan applicant shall provide justification as to how they will comply with the intent of the Master Plan and City Council resolution to preserve, rehabilitate, or restore the existing assets. The application shall include concepts for the integration of the existing assets into the proposed development. Approval of the concept plan shall bind the applicant, owner, successors, and assigns to the commitments identified in the concept plan. Future site plan approvals shall identify how the existing assets are being rehabilitated and/or incorporated into the development. Sec. 26-1412. Signs. A. Principle. Signage should complement building and site design and be strategically located to minimize the impact of advertising on the public realm. Signs shall be oriented toward and scaled to the pedestrian. B. All signage shall comply with chapter 26, article VII except as modified below: 1. Wall and roof sign requirements: 38 a. Wall signs are permitted to be affixed to walls which face streets (public or private), alleys, parking areas, and publicly accessible open space including trails. b. No roof signs are allowed, except for single-story kiosk-style commercial spaces where wall signage is severely limited by the size and height of the building, in which case a sign can extend above the roof line up to five (5) feet. c. Wall signs placed on a vertical architectural element or above a pedestrian entrance may extend above the roof deck by up to ten (10) feet. This provision shall not apply to mansard roofs. d. Commercial uses shall include pedestrian-scaled wall, arcade, or blade signage. 2. Freestanding sign requirements: a. Shall only take the form of monument signs and shall not exceed seven (7) feet in height, measured from the finished grade of the nearest adjacent pedestrian walk or similar feature. The base of the monument sign shall be consistent with the materials of the building to which it is associated. b. Setbacks: Five (5) feet for signs on campus perimeter or for signs interior to the campus, one (1) foot from property lines or back of sidewalk, whichever is applicable. c. Pole signs are not permitted. 3. Changeable copy signs, including flashing signs, electronic messaging center (EMC) signs, and LED electronic signs are not permitted, except for signs owned or leased by the City. 4. If signs are externally illuminated, lighting must be downcast. 5. Signs may not be internally illuminated if they face adjacent existing residential development. Other internally illuminated signs are encouraged to be turned off when businesses are not in operation. 6. Regional identification and gateway signage at primary campus entrances and intersections as identified in Figure 11 shall be permitted with the intent to create identifiable entrances and branding for the overall development. These signs shall not exceed six (6) feet in height and shall be set back at least five (5) feet, or instead may be integrated into an architectural feature such as a district sign archway over a street, with approval of the community development director. This type of sign may be placed without the requirement to be on a lot with a building. No more than four (4) total signs of this type are permitted. 39 Figure 11 Figure 11: Permitted regional identification and gateway signage locations. The dots on the image show the permitted general locations of regional ID signs, subject to review through a building permit application. C. A master sign plan following the requirements of section 26-708.D may be utilized to encourage well-planned and cohesively-design signage for the campus or individual development sites. Sec. 26-1413. Exterior lighting. A. Principle. Outdoor lighting should provide safety for pedestrians and reduce glare onto adjacent properties and into the night sky. B. All exterior lighting shall comply with section 26-503 and downcast LED lighting shall be permitted. All lighting shall be energy efficient and comply with the City’s adopted building codes. C. Pedestrian walks internal to a site shall be lit with full cutoff lighting fixtures no more than twelve (12) feet high. Bollard lighting is encouraged in natural landscaped areas where taller lighting fixtures may be impractical. 40 D. Light shields for pole lights may be required to prevent glare onto properties with a residential use. Sec. 26-1414. Site plan review. A. All site development, including developments containing single-unit dwelling and duplex uses, within the MU-LLC zone district shall be subject to the site plan review process outlined in section 26-111, except as modified in this section. B. All site plan applications shall be reviewed for consistency with all standards within this article and with the applicable concept plan that has been approved for the campus. C. All approved site plans shall be kept on file in the community development department. D. Under certain circumstances, subject to approval by the community development director and to be determined at the required pre-application meeting or during the site plan review process, site plan review applications may be processed simultaneously with building permit applications. E. For all site development, in addition to the requirements of section 26-111, civil construction plans shall be provided for review as part of the site plan and subdivision applications, which shall include construction plans for associated infrastructure including but not limited to streets and alleys, sidewalks, streetscapes (including street lighting and landscaping), grading, drainage improvements, utilities, publicly-accessible open space, tree preservation and/or replacement, and other improvements as specified by the community development director or other reviewing agencies. Subdivision review may be carried out simultaneously with review of the site plan. F. For site development containing single-unit dwelling and duplex uses, the following requirements of section 26-111 may be deferred as described: 1. Architectural elevations and plans may not be required at time of site plan application, provided that master architectural plans are provided for review and approval as part of the building permit process, and prior to applications for individual vertical building permits. 2. Landscape plans for individual lots may be deferred until time of building permit, provided that master landscape plans and plant lists are provided for review and approval as part of the building permit process to verify compliance with the open space regulations for single-unit and duplex uses in section 26-1409.E. Sec. 26-1415. Concept plan review. A. A concept plan application for the campus shall be submitted to and approved by the community development director prior to individual site plan approvals(s). 41 B. Prior to submittal of the concept plan, the applicant must complete a pre- application conference per the requirements in section 26-104. C. A neighborhood meeting shall be required prior to submittal of the concept plan application. The applicant shall follow the neighborhood meeting requirements per subsection 26-109.A.1. D. After the pre-application conference and after the neighborhood meeting, the concept plan application may be submitted to the community development department for review. The concept plan application shall include the following information: 1. The concept plan shall be prepared in a twenty-four (24) × thirty-six (36) inch format. 2. Vicinity map. 3. The boundary of the entire development site (the campus). 4. Scale and north arrow. 5. Date of map preparation and name and address of person who prepared the map. 6. Proposed circulation concepts, including roads, right-of-way (public and private), access points, and major pedestrian routes. 7. Proposed building areas and preliminary land use concepts, including the proposed approach to comply with section 26-1410.C. 8. Open space concepts, including identifying areas of larger publicly accessible open space. 9. Preliminary traffic analysis with specific land use assumptions. 10. Preservation concepts of existing assets as defined and required in Section 26- 1411. 11. Preliminary drainage letter. 12. Improvement Survey Plat (ISP) or ALTA/NSPS Land Title Survey with topography. 13. Tree canopy survey E. Upon receipt of the concept plan application, the community development department shall review the application and refer the application to affected public agencies for review and comment, if applicable. F. Public notice of concept plan approval. 1. Upon approval of the concept plan application, the community development department shall send by first class mail, a notice of concept plan approval to adjacent property owners and occupants within one thousand (1,000) feet of the subject property. 42 2. The letter shall include a description of the approved concept plan, zone district information, and information regarding construction hours and requirements, in a form determined by the community development director. 3. This notice of concept plan approval shall be mailed within fifteen (15) days of concept plan approval by the community development director. 4. Failure of a property owner or occupant to receive a mailed notice shall not invalidate the approval of the concept plan and shall not be regarded as constituting inadequate notice. G. The approved concept plan shall be recorded with Jefferson County Clerk and Recorder's Office and kept on file with the community development department. H. Amendments to a recorded concept plan will be required to follow the same review process as the initial concept plan application. Sec. 26-1416. Relief process. A. The community development director may approve relief from some standards within this article. Such administrative adjustments are intended to relieve unnecessary hardship in complying with the strict letter of this article, especially in cases where unique site or building characteristics exist. B. In order to relieve undue hardship, the community development director may grant administrative adjustments to the following quantitative standards to the extent shown in the table below: Table 6: Allowed Administrative Adjustments for Quantitative Standards Standard Maximum Allowable Administrative Adjustment Building setback requirements (section 26-1405) 10% Transparency requirements (section 26- 1406.E) 10% Minimum parking requirements (section 26-1407.F, Table 3) Up to 25%; parking study may be required Landscaping administrative adjustments identified in section 26-502.F.5 Refer to section 26-502.F.5 C. The community development director may approve use of an alternative to a qualitative design standard from section 26-1406 upon a finding that the following requirements are met: • Alternative is consistent with the stated intent of the design standard. 43 • Alternative achieves or implements the stated intent to the same degree or better than strict compliance to the design standard would have achieved otherwise. • Alternative will not create adverse impacts on adjacent residential development, or adjacent streets and publicly accessible open space. D. Any proposed relief from the eligible quantitative requirements within this article that do not fall within the table of allowed administrative adjustments (Table 6) shall be required to follow the process for “Variances of more than fifty (50) percent,” specified in section 26-115.C.3, regardless of whether the request is greater than fifty (50) percent of the applicable development standard. Qualitative design standards are not eligible for variances beyond the administrative adjustment relief described in subsection C. No other standards within this article are eligible for relief through the administrative adjustment or variance processes. Sec. 26-1417. Definitions. Except as expressly modified below, the definitions in sections 26-123 and 26-1119 shall apply. If a term is defined in both section 26-123 and 26-1119, the definition used in 26-1119 shall apply. Except as otherwise indicated, the following definitions shall apply to the MU-LLC zone district only. Campus. That contiguous area contained within the boundary of the Lutheran Legacy Campus as defined in the Lutheran Legacy Campus Master Plan. Charter-exempted area. That area described in Wheat Ridge home rule charter section 5.10.1(h), as the “interior portion of 38th Avenue between Lutheran Parkway and Lutheran Parkway West including an area southeast of Lutheran Parkway (as shown as “Mixed-Use” on page 51 of the Lutheran Legacy Campus Master Plan, adopted October 25, 2021)”, related to building heights for the interior of the campus. Existing residential development. Those areas of low-density residential neighborhoods that existed prior to January 1, 2025, outside of and adjacent to the east, west, and south campus boundaries. Open space, publicly accessible. Open space that is accessible by the general public in addition to the residents, guests, and tenants of the development in perpetuity, guaranteed by means of a recorded perpetual public access easement or city ownership, and following the requirements of section 26-1109.C. Primary entrance. The entrance to a building which is designed to be the principal or main pedestrian entry to the building for use by customers, residents, and tenants, and includes references to “front door” when used with respect to single-unit, duplex, and single attached dwellings. Regional identification and gateway sign. A freestanding sign designed to convey a sense of arrival and identify a cohesive development. 44 Retail sales, kiosk or eating establishment, kiosk. A freestanding, permanent structure no larger than 200 square feet and containing a commercial services/retail use. Shall be subject to the accessory building height and setback requirements. Usable open space. Open space which, by its configuration, size, and design, can be used for passive or active recreation and meeting the requirements of section 26-1109.D. Section 2. Section 26-106 of the Wheat Ridge Code of Laws, containing the review process chart for land use approvals, is hereby amended as follows, in the appropriate rows within the table: Approval Requested Pre-Application Final Reference Appeal Staff Neighborhood Staff PC CC BOA URPC Mixed Use Concept Plan X 5 X A § 26-1116, or § 26-1415 for MU-LLC Mixed Use Conditional Use Permit X A § 26-1118, or § 26- 1410.D for MU-LLC BOA Section 3. Section 26-111.A of the Wheat Ridge Code of Laws is hereby amended as follows: A. Application. The requirements of this section apply to site development on property for which the use proposed is a use by right, is other than a single-unit dwelling or two-unit dwelling, and for which planned development district approval is not sought. The requirements for site plans required in planned development zone districts are found in those district regulations. This section establishes the purpose, graphic and informational requirements for site development review required in instances other than planned development districts, including all site development within any mixed-use district established in article XI. or article XIV. Section 4. Section 26-115.C.3 of the Wheat Ridge Code of Laws is hereby amended as follows to specify which sections of Article XIV are eligible for variances, and to clarify which sections of Article XI are eligible for variances: C. Variances: … 3. Variances of more than fifty (50) percent: The board of adjustment is empowered to hold public hearings to hear and decide only upon appeals 45 for variances from the strict application of the development standards pertaining to zone districts in article II, sections 26-501, table 3 of 26- 502.E, 26-502.E, 26-603, 26-625, or article VII of this chapter., variances beyond the administrative adjustment threshold from the table in section 26-1117, and variances beyond the administrative adjustment threshold for quantitative standards described in Table 6 of section 26-1416. Section 5. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code, is hereby amended by the addition of the following new definition in the appropriate alphabetical location, as follows: Motel: A subtype of hotel where guest rooms are accessed from exterior hallways and entries. Section 6. Section 26-201 of the Wheat Ridge Code of Laws, containing a list of the zone districts in the City of Wheat Ridge is hereby amended as follows to add the MU-LLC zone district and to add the existing mixed-use districts which were not added to the list when the ordinance creating those districts was approved, by adding the five districts to the bottom of the list: Mixed use commercial (MU-C) zone district MU-C transit-oriented development sub-district (MU-C TOD) MU-C interstate sub-district (MU-C Interstate) Mixed use neighborhood (MU-N) Mixed use Lutheran Legacy Campus (MU-LLC) Section 7. Section 26-411.B of the Wheat Ridge Code of Laws is hereby amended as follows to add a reference to the MU-LLC zone district: B. Blocks. … 3. For property in a mixed use zone district, block size shall also conform to the requirements in section 26-1108.B. Site circulation and access requirements for the MU-LLC zone district are contained in section 26- 1408. Section 8. Section 26-502.B of the Wheat Ridge Code of Laws is hereby amended as follows to add a reference to the MU-LLC zone district: B. Applicability. The requirements of this section shall apply as follows: … 46 4. Site development in mixed-use zone districts shall comply with subsections C, D, and F; and the open space requirements in chapter 26, article XI. Site development within the MU-LLC zone district shall comply with subsections C, D, and F; and the open space requirements in chapter 26, Article XIV. Section 9. Section 26-502.E (Table 3) of the Wheat Ridge Code of Laws is hereby amended as follows to add two references to the MU-LLC zone district being exempt from the regulations within the table: Table 3. Landscape Requirements by Use Minimum Required Landscape Area Trees within front setback(a) On-site trees and shrubs(b) Maximum Irrigated Turf Maximum Non-living Material & Features Residential Uses (All Zone Districts except Mixed-Use) (c) Single Detached and Duplex Uses 25% of the gross lot area and 100% of the front yard 1 shade tree per 70 linear feet of street frontage, to be placed within the front setback N/A 50% 2/3 of the front yard Multi-Unit Residential Uses 30% of total lot area; 100% of front yard, excepting pedestrian and vehicular access 1 tree per 30 feet of street frontage 1 tree and 10 shrubs per 1,000 SF of required landscape area 30% 50% Nonresidential Uses Zoned Commercial 20% of gross lot area 1 tree per 30 feet of street frontage 1 tree and 10 shrubs per 1,000 SF of required landscape area 30% 50% Zoned Industrial 15% of gross lot area All Other Zone Districts 20% of gross lot area Zoned Mixed Use(c) See Article XI, or Article XIV for MU-LLC Notes: (a) Trees provided in the building front setback shall not replace any requirements for street trees established in the Streetscape Design Manual. Where a build-to is required pursuant to the Architectural and Site Design Manual, trees within the front setback are not required. (b) In addition to trees required within the front setback, on-site trees and shrubs shall be provided. (c) The landscape requirements of this table do not apply to mixed-use zones. Refer to section 26-1110, or section 26-1409 for MU-LLC. 47 Section 10. Section 26-615.D.7 of the Wheat Ridge Code of Laws is hereby amended as follows to prohibit new freestanding CMRS facilities within the MU-LLC zone district: D. Standards for all CMRS facilities. The following are standards for all CMRS facilities. … 7. Siting of CMRS facilities in residential areas. The city encourages the siting of CMRS facilities in nonresidential areas. a. The city prohibits freestanding CMRS facilities in the following zone districts: … (10) Agricultural-Two (A-2); and (11) Mixed Use-Neighborhood (MU-N) zone districts.; (12) Mixed Use-Lutheran Legacy Campus (MU-LLC). Section 11. Section 26-645.C.1 of the Wheat Ridge Code of Laws concerning exemptions for short-term rentals in apartments is hereby amended as follows: C. Maximum number per short-term rental host. … 1. Apartments and mixed-use developments. A short-term rental host, as the owner of an apartment or mixed-use development in the mixed use- neighborhood (MU-N), mixed use-commercial (MU-C) series, mixed use- lutheran legacy campus (MU-LLC), and commercial-one (C-1) zone districts, may operate a maximum of four (4) dwelling units as short-term rentals within that development. For apartment and mixed-use developments with greater than forty (40) dwelling units in those zone districts, additional short-term rentals are permitted at a rate of five (5) percent of the total number of dwelling units, in addition to the four (4) already permitted by this section. For the purposes of this subsection, an apartment or mixed-use development shall mean one (1) or more multiple contiguous properties under one (1) ownership with one (1) or more multi- unit dwellings or mixed-use buildings, excluding single attached dwelling uses. Section 12. Section 26-646.A of the Wheat Ridge Code of Laws concerning eligible zone districts for Accessory Dwelling Units is hereby amended as follows: A. Eligible zone districts. An accessory dwelling unit (ADU) shall be permitted as an accessory use to single detached dwellings in all residential and agricultural 48 zone districts, and in the mixed use-neighborhood (MU-N) zone district, and portions of the mixed use-lutheran legacy campus (MU-LLC) zone district per the table of permitted uses (Table 5) in section 26-1410.B. Planned residential developments and planned mixed use developments that are approved on and after August 15, 2022 and that allow single detached dwelling units as a primary use shall also allow ADUs as an accessory use. Section 13. Section 26-708.F of the Wheat Ridge Code of Laws concerning signs in mixed use zone districts is hereby amended as follows: F. Signs in mixed use zone districts. Signs in any mixed-use zone district must also comply with requirements in section 26-1113, or section 26-1412 for the MU-LLC zone district. Section 14. Section 26-710.A.4 of the Wheat Ridge Code of Laws concerning general permanent sign standards and applicable zone districts is hereby amended as follows: A. General. … 4. Nonresidential zone districts include the entire commercial series (NC, RC, C-1, C-2), mixed use series (MU-C, MU-C TOD, MU-C interstate, MU-N, MU-LLC), industrial employment (I-E), and planned developments including PCD, PID, PHD, and PMUD. … Section 15. Section 26-1110.F of the Wheat Ridge Code of Laws concerning artificial turf in mixed use zones is hereby amended as follows to align with the new section 26-1409.G and applicable state law: F. Artificial turf. 1. Artificial turf is permitted in limited circumstances, as follows: • Sport and play areas specifically designated for athletic purposes including but not limited to athletic fields of play, playgrounds, gaming areas, and dog runs. • Private fenced side and rear yards of single detached, duplex, and single-attached dwellings, such as townhomes, up to a maximum of 400 square feet per dwelling unit. • Required residential transitions landscape buffers. 49 • The location shall be approved through a site plan application, civil construction documents, site work permit, or building permit, whichever is applicable, and permeability shall be accounted for in drainage plans. Artificial turf shall not qualify as living landscape materials as required by section 26-1110.D but does qualify as non- living landscape materials. The only use of artificial turf that qualifies as landscape materials (non-living) is for athletic fields of play. Other uses of artificial turf, including playgrounds, gaming areas, and dog runs, shall not qualify as landscaping. 2. Artificial turf is prohibited in the following locations: • Required parking lot landscape buffer areas. • Areas owned and/or maintained by owners associations, except where used for athletic fields of playpurposes. • On commercial industrial, and institutional properties, except where used for athletic fields of playpurposes. Section 16. Section 26-1110 of the Wheat Ridge Code of Laws concerning is hereby amended by creating a new subsection M concerning xeric/waterwise landscaping to align with the new section 26-1409.F and the intent of the recently adopted regulations concerning xeric/waterwise requirements: M. Xeric/Waterwise required. The use of xeric/waterwise plant materials and principles are required and shall be used to guide design and promote water conservation. Section 17. Section 26-1119 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26, Article XI of the Code, is hereby amended by modifying a definition: Dwelling, live/work. A combination of residential occupancy and commercial activity located within a dwelling unit. Typical commercial activities may include home offices, craft work, art studios, jewelry making, and similar activities. A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant, in compliance with the applicable building code definition and regulations of live/work. Section 18. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 50 Section 19. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 20. Effective Date. This Ordinance shall take effect immediately after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 13th day of January 2025, 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 January 27, 2025, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0, this 27th day of January 2025. SIGNED by the Mayor on this 28th day of January 2025. _______________________________ Bud Starker, Mayor ATTEST: _________________________________ Margy Greer, Sr. Deputy City Clerk Approved as to Form ____________________________ Gerald E. Dahl, City Attorney First Publication: January 14, 2025 Second Publication: January 28, 2025 Effective Date: January 27, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us