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Home My WebLink About08.01 Agenda Packet PLANNING COMMISSION A G E N D A August 1, 2024 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Planning Commission on August 1, 2024 at 6:30 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 W. 29th Avenue, Municipal Building. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on July 31) 2. Virtually attend and participate in the meeting through a device or phone: a) Click here to join and provide public comment (create a Zoom account to join) b) Or call 1-669-900-6833 with Meeting ID 833 3200 5904 and Passcode: 999955 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Attend in person. 1. CALL THE MEETING TO ORDER 2. ROLL CALL OF MEMBERS 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA 5. APPROVAL OF MINUTES – July 18, 2024 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) (continued on next page) 7. PUBLIC HEARING * Planning Commission Agenda – August 1, 2024 Page 2 Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Amanda Harrison, Public Information Officer at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. A. Case No. ZOA-24-04: An Ordinance repealing and re-enacting Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning the City's landscaping requirements and making conforming amendments therewith. 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates B. Project and Development Updates C. Commissioner Updates 10. ADJOURNMENT * Public comment is welcome during any public hearing item. The standard procedure for a public hearing is as follows: a. Staff presentation b. Applicant presentation – if applicable c. Public comment – time may be limited at the discretion of the Chair, often to 3 minutes d. Staff/applicant response e. Close public hearing f. Commission discussion and decision ADA Accessibility Statement The City of Wheat Ridge (City) is committed to providing accessible facilities, services, and communication to all members of the public. As part of this commitment, the City aims to provide an accessible website compatible with W3C Web Content Accessibility Guidelines (WCAG 2.2) that is in compliance with Colorado HB 21-1110, allowing individuals with a disability to understand and use the website to the same degree as someone without a disability. As the City works toward this goal, you may have a need to access documents in an accessible format (e.g., Braille, large print, audio, etc.). In that event, please contact the ADA Coordinator, Kelly McLaughlin, at ada@ci.wheatridge.co.us or 303-235-2885 who will make every effort to respond to your inquiry and provide an alternative solution. Planning Commission Minutes - 1 – July 18, 2024 PLANNING COMMISSION Minutes of Meeting July 18, 2024 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair DISNEY at 6:32 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 2. ROLL CALL OF MEMBERS Commission Members Present: Kristine Disney Daniel Graeve Will Kerns Michael Moore Patrick Quinn Syrma Quinones Jonathan Schelke Commission Members Absent: Krista Holub Staff Members Present: Jana Easley, Planning Manager Scott Cutler, Senior Planner Ella Stueve, Senior Neighborhood Planner Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda. 5. APPROVAL OF MINUTES – June 13, 2024 It was moved by Commissioner QUINN and seconded by Commissioner MOORE to approve the minutes of June 13, 2024, as written. Motion carried 7-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING Planning Commission Minutes - 2 – July 18, 2024 A. Case No. ZOA-24-05: An ordinance amending Chapter 11 and 26 of the Wheat Ridge Code of Laws regarding requirements for short-term rentals and making conforming amendments therewith. Chair DISNEY opened the public hearing. Mr. Cutler gave a short presentation regarding the ordinance and emphasized the Commission’s role relates to Chapter 26. Public Comment No one wished to speak. In response to a comment by Commissioner KERNS, Mr. Cutler confirmed that the two primary changes to Chapter 26 in the short-term rental ordinance is defining owner/occupant/tenant/agent and defining rules around townhomes. Commissioner SCHELKE asked if there are any regulations around long-term rentals. Mr. Cutler clarified that there are no specific regulations with long-term rentals of 30 days or more. He added that an owner/occupant/tenant/agent cannot run a short-term rental as if it were a long-term rental. In response to a question from Commissioner DISNEY about townhomes becoming a part of the short-term rentals and taking the cap over the limit in all 4 districts, Mr. Cutler said that will be the case and nobody will have to forfeit their license, but as licenses get forfeited then the numbers will keep going down to meet the cap and new applicants will be put on the wait list. Mr. Cutler also explained that a license is good for a year and then renewed. Commissioner SCHELKE inquired how ADUs are handled in the short-term licensing process. Mr. Cutler explained that ADUs are handled differently and because if the owner lives on the property of the ADU then a partial short-term rental license is required and there is not cap for this type of license. He added that there is a very high compliance rate. Commissioner Quinones asked why there is no cap for ADU short-term rental. Mr. Cutler clarified that any partial short-term rental, including ADUs or a bedroom, is not subject to a cap because the property owner lives on site which is less impactful. Commissioner MOORE asked Mr. Cutler to clarify the number of days defined in short-term rental. Planning Commission Minutes - 3 – July 18, 2024 Mr. Cutler confirmed the number of days for a short-term rental is less than either 29 or 30 days, adding that the City requires a minimum two-night stay. It was moved by Commissioner KERNS and seconded by Commissioner GRAEVE to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding requirements for short-term rentals. Motion carried 7-0. B. Case No. ZOA-24-06: An ordinance amending section 26-646.F of the Wheat Ridge Code of Laws, regarding approval of nonconforming accessory dwelling units (ADUs). Chair DISNEY opened the public hearing. Mr. Cutler gave a short presentation regarding the ordinance. Public Comment No one wished to speak. Commissioner SCHELKE believes there are still ADUs in the community that property owners do not want to make legal and wanted to know if the City has a way to reach out to them. Mr. Cutler clarified there has been no downside of people coming forward and there is no license for ADUs, only a certificate of ADU approval. In response to a question from Commissioner QUINN about the definition of an ADU, Mr. Cutler said it is a dwelling unit with a kitchen, sleeping quarters and a bathroom that is smaller in scale to size of the primary dwelling and can be attached or detached, but is separate from the primary dwelling. Commissioner GRAEVE asked if there has been a lot of new ADU construction. Mr. Cutler said only about 15 new ADUs have been permitted, and the city continues to see interest, but cost can hinder some from being built especially when utilities must be added such as water and sanitation. Commissioner Quinones asked what the benefit is to have an ADU permitted and if property taxes change. Mr. Cutler explained there are benefits including a separate address, separate public service bill and resale value to the property. He added the County handles the property taxes so he is not sure if the tax rate will decrease or increase if an ADU is added to the property. Planning Commission Minutes - 4 – July 18, 2024 Chair DISNEY closed the public hearing. It was moved by Commissioner GRAEVE and seconded by Commissioner QUINONES to recommend approval of the proposed ordinance amending Section 26-646.F of the Wheat Ridge Code of Laws regarding approval of nonconforming Accessory Dwelling Units (ADUs). Motion carried 7-0. 8. OLD BUSINESS 9. NEW BUSINESS A. City Plan Update Ms. Stueve gave a brief introduction of the City Plan which is an update to the City’s Comprehensive Plan and introduced Matt Ingalls with czb llc, the City Plan consultant. Mr. Ingalls gave a brief presentation about the City Plan and its multiple phases, draft of core values, planning principles and priorities, and next steps. Commissioner GRAEVE encouraged the City to also focus on the 44th Avenue corridor in a thoughtful way because it is an important part of the City due to Clear Creek and it’s trail. Commissioner KERNS asked they City to think about a master trails plan for the Lutheran Legacy Campus that complements the Crown Hill trails. He added he would like to see a trail along the Rocky Mountain Ditch. Commissioner DISNEY asked how the community engagement has been through this process so far. Mr. Ingalls said he is pleasantly surprised, and numbers of participants have gone up online and at in-person open houses. Commissioner DISNEY also asked about the negative feedback and what is done with those comments. Mr. Ingalls said it is unfortunate to get negative comments, but they are considered and are factored into the process along with the positive comments. Commissioner GRAEVE appreciated the process and wondered when if when the draft plan is released is there an opportunity for the community to suggest changes. Planning Commission Minutes - 5 – July 18, 2024 Mr. Ingalls mentioned there will be another engagement in September and the development of the document will be drafted and it will be published for the community to comment, but there should not be any surprises. B. Upcoming Dates Ms. Easley mentioned there will be an August 1 public hearing about the Waterwise Ordinance, and on August 15 there will be a study session regarding the Lutheran Legacy Campus update. Commissioner DISNEY asked about amending the Charter regarding the Lutheran Legacy Campus and if the community will be voting on it. She also inquired who did the wording for the survey. Ms. Easley said there will be a discussion of height at City Council on August 5. Magellan put together the survey, but she is not sure who reviewed it. Nevertheless, the words in the survey are facts and there are benefits to having higher density in the center of the property, including having lower density and more open space around the perimeter and opportunities to incentivize keeping the blue house, chapel, and trail along the ditch. She also mentioned that the What’s Up Wheat Ridge page has a lot of information about the density and the Lutheran Legacy Campus. C. Project and Development Updates None D. Commissioner Updates None 10. ADJOURNMENT It was moved by Commissioner QUINN and seconded by Commissioner KERNS to adjourn the meeting at 7:46 p.m. Motion approved 7-0. __________________________ _______________________________ Kristine Disney, Chair Tammy Odean, Recording Secretary MEETING DATE: August 1, 2024 TITLE: AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE CITY’S LANDSCAPING REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH CASE NO. ZOA-24-04 PUBLIC HEARING CODE CHANGE ORDINANCE Case Managers: Janet Gassman, Stephanie Stevens Date of Preparation: June 17, 2024 ______________________________________________________________________________ SUMMARY: The proposed ordinance makes necessary updates to Article V of Chapter 26 of the Code of Laws specifically to modernize, clarify, and update landscape design standards and requirements. This repeal and re-enactment of the ordinance updates standards to address more water-efficient design and reorganizes and clarifies code to make requirements easier to understand by all users. Notice for this public hearing was provided by the Code of Laws. BACKGROUND: The City’s landscape code is found in Article V of Chapter 26 as part of general design standards. Most of Section 26-502 has remained the same since 1979, with one major repeal and re-enactment in 2001. However, much has changed in Wheat Ridge and the Front Range since the early 2000’s. Years of drought coupled with local area growth and development have heightened awareness about the availability and use of water, and communities are actively seeking ways to reduce consumption, encourage water efficiency, and establish stronger links between water supply, land use planning, and site design. It is typical for cities to periodically update municipal code as it relates to best practices, to add definitions and terms, and to clarify code language, particularly if they have not been reviewed or updated in several years. This code amendment was initiated by City Council, and the proposed ordinance aligns with the goals of the Sustainable Wheat Ridge Action Plan, the principles of waterwise landscaping, and with recently adopted state law (SB24-005). The term “waterwise landscaping” has become somewhat synonymous with xeriscaping in general practice, but it differs from xeriscaping in PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT 2 that it focuses on wise water use no matter where the site in located (not just in arid environments). Waterwise landscaping emphasizes grouping plants by water requirements to encourage efficient irrigation design and water use. A waterwise landscape is functional, attractive and easily maintained in its natural surroundings, which also serves to conserve water. Proposed changes to the City’s landscape code were discussed at City Council study sessions on June 5, 2023 and February 5, 2024 where Council supported the list of updates and additions and gave direction for a revised landscape ordinance and conforming amendments to proceed to public hearings. PROPOSED ORDINANCE: Below are the nine topic areas analyzed for the proposed ordinance: 1. Irrigation 2. Artificial turf 3. Irrigated and non-functional turf 4. Landscape specifications 5. Low-density residential requirements 6. Non-living landscape materials 7. Waterwise design 8. Maintenance 9. Streetscape plant list Because of the scope of the amendments and the need for this code section to be more user- friendly, the entirety of Section 26-502 is proposed to be repealed and reenacted. The existing code and the proposed ordinance are both attached for reference. The ordinance makes the following updates to Article V: Irrigation: The ordinance will maintain the current code requirement for automatic irrigation systems and integrate waterwise best practices as discussed in the waterwise section below. Artificial turf: The ordinance will codify the City’s existing artificial turf policy to allow limited application in low-density residential, multi-unit residential, and non-residential development. Codification was partially completed by the recent update of the mixed-use code. • For multi-unit residential and non-residential development, artificial turf will be allowed in sport and play areas that are used for athletic purposes. • For single-unit and duplex properties, artificial turf will be allowed in rear or side yards not visible from a public street and at a maximum of 400 square feet in area. Irrigated and non-functional turf: The ordinance will introduce limits to irrigated turf and define and prohibit non-functional turf in specific contexts. • For new multi-unit residential development, irrigated turf will be limited to no more than 30% of the total landscaped area. (This is reduced from 60%.) • For new nonresidential development, irrigated turf will be limited to no more than 30% of the total landscaped area. (This is the current code; no change to this limit is proposed.) 3 • For new single-unit and duplex properties, irrigated turf will be limited to no more than 50% of the total landscaped area. (This is the current code; no change to this limit is proposed.) • A definition for non-functional turf will be added and prohibited uses will be defined. Non- functional turf is predominantly ornamental and located in an area that is not regularly used for civic, community, or recreational purposes such as parks, sport fields and playgrounds. This means irrigated turf will not be permitted in parking lot islands, private street medians, street right-of-way, landscape areas with slopes of 4:1 or greater, and landscape strips less than six feet in width. • This definition and regulatory approach for non-functional turf are consistent with recent changes to state law. Landscape specifications: The ordinance will update and clarify plant and mulch specifications to better align with waterwise principles and best practices. • Minimum sizes will be updated for trees and other plant material. • Specifications will be added for organic and inorganic mulches. • Plant equivalents will be clarified and expanded. Low-density residential requirements: The ordinance will further define front yard landscaping requirements for single-unit and duplex residential sites and define the process for replacing existing front yard landscaping with non-living and waterwise materials. • Per City Council’s policy direction, waterwise landscaping will be encouraged, but not required, for single-unit and duplex properties. • To prevent front yards from being fully rocked or mulched with no living material, and to minimize heat islands, the following provisions will be added to the code: o For new single-unit and duplex properties, fully rocked or mulched front yards must contain a minimum one-third living plant coverage, measured as the projected growth after two (2) years. o For existing single-unit detached and duplex residential uses interested in moving toward a waterwise or native landscape, total landscape area coverage requirements remain in effect, and rocked or mulched front yards must contain a minimum one- third living plant coverage, measured as the projected growth after two (2) years. o Organic mulches (bark, compost) and inorganic mulches (rock, cobble, crusher stone, squeegee) may be used as a permanent, primary ground cover, where utilized as an integral part of the overall landscape design. o 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 and edged bed in the front yard. Non-living materials: The ordinance will increase allowances for non-living landscape materials to reflect the move toward waterwise/xeric gardening. • For new multi-unit or nonresidential development, the limit on non-living material will be increased from 35% to 50% of the total landscape area. • The examples of non-living material provided in the code will be expanded to include organic and inorganic mulches, stone, pavers, and ornamental objects. 4 Waterwise design: For new multi-unit residential and nonresidential development, the ordinance will be amended to require waterwise design. • Landscape plans will be designed to honor waterwise principles for water conservation. • The code amendment will introduce the use of hydrozones and a water budget. o Hydrozone plans force the grouping of plant material by water need (high, medium, low, very low) to improve irrigation efficiency. o A water budget provides a means of calculating and limiting the amount of potable water used for outdoor irrigation. The code will establish a limit of 15 gallons per square foot per year (gal/sf/yr) and encourage 12 gal/sf/yr or less. This is consistent with industry standards and should be achievable based on the limitations imposed on irrigated turf. o The purpose of these tools is to advance waterwise design and to make the review of landscape plans more objective. Maintenance: The ordinance will be updated to expand required landscape maintenance practices and to clarify when amendments are necessary to previously approved landscape plans to record changes in or renovations of the landscape. • The code already specifies that maintenance of landscaping is required. The revised ordinance will expand this slightly to clarify those responsibilities, such as: o All plants and landscape areas shall be free of disease, pests, weeds, and litter. o Regular pruning and trimming shall be performed to achieve a plant’s intended form and height. o Any landscaping found to be dead, diseased, damaged, or missing shall be removed and/or replaced within one planting season. o Landscaping within the portion of the public right-of-way between the back of curb or street pavement and adjacent private property shall be maintained by the adjacent property owner. o Landscape structures such as retaining walls, seat walls, fire pits, water fountains, benches, etc. shall be repaired or replaced as necessary to maintain a structurally sound condition. o Mulches, crushed stone, cobble, and other surface materials shall be contained within defined beds in their designated areas, free of weeds, and to their required depths. o Irrigation systems shall be inspected and maintained in accordance with the approved plans and temporary irrigation systems shall be removed upon successful establishment of the landscape. • For multi-unit or nonresidential development wishing to move toward a more xeric/waterwise design, a revised landscape plan may be required if the original design is substantially altered, if the proposed changes result in a significant modification of the irrigation system, or if an irrigation plan or system does not exist, at the discretion of the community development director. Streetscape Design Manual and Landscape Guidebook Upon successful adoption of the new landscape code, staff will update the Streetscape Design Manual to reflect regulatory changes and enhanced waterwise principles. 5 A landscape guidebook will also be created to provide waterwise design recommendations and resources for all use types, including district-specific requirements, preferred plants lists, and suggestions for reducing water consumption in the landscape. The guidebook will be utilized to format handouts for specific situations, such as when a single-unit homeowner wants to convert their yard to a xeric landscape. See draft handout provided as Exhibit 2. Conforming Amendments The list of conforming amendments is extensive because landscaping touches many sections of the code. Changes to and clean-up of other sections of code that mention landscaping are necessary primarily to: 1) align with the landscaping requirements of the proposed Section 26-502, 2) reflect current practice and administration of the code, and 3) consolidate, centralize, and defer to landscaping requirements of Section 26-502. Ultimately, the conforming amendments are intended to make requirements easier to understand by all users. The attached ordinance was drafted by the Planning Division, with input from the City Attorney. A public hearing before City Council is scheduled for August 26, 2024. RECOMMENDED MOTION: “I move to recommend approval of the proposed ordinance repealing and re-enacting Article V of Chapter 26 of the Wheat Ridge Code of Laws concerning landscaping requirements, and making conforming amendments therewith.” Exhibits: 1. Proposed Ordinance Draft 2. Existing Landscape Requirements 3. Draft handout – Landscaping for Low-Density Residential Sites CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. _______ ORDINANCE NO. _________ Series 2024 TITLE: AN ORDINANCE REPEALING AND RE-ENACTING ARTICLE V OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE CITY’S LANDSCAPING REQUIREMENTS, 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, in the exercise of this authority, the Council has previously adopted Section 26-502 of the Code of Laws concerning landscaping, buffering and open space, as well as additional sections throughout the City’s Code of Laws ancillary to that Section; and WHEREAS, the Council recognizes that waterwise landscape design is necessary to reduce water consumption, encourage water efficiency, and establish stronger links between water supply and land use planning; and WHEREAS, the Council recognizes that from time to time the City’s zoning Code needs to be updated to include modern terminology, update cross -references, remove conflicts within the Code, and provide clarity to City staff and the public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-502 of the Wheat Ridge Code of Laws is hereby repealed and re-enacted as follows: Section 26-502 – Landscaping, Buffering, and Open Space A. Purpose and Intent. 1. The purpose of this section is to establish requirements for the design, installation, and maintenance of landscapes that recognize water conserving principles while enhancing the aesthetic character of the city. 2. The intent of these landscaping regulations is to: a. Improve the visual quality and compatibility within and between developments and buffer differing land uses, scales of development, and parking lots; b. Promote the efficient use of water resources; c. Reduce heat islands and promote energy efficiency thru increased shading; and d. Increase biodiversity and pollinator habitat through a mix of plant types. B. Applicability. The requirements of this section shall apply as follows: 1. This section shall apply to all new site development approved on and after (effective date). 2. Existing development approved prior to (effective date) is exempt from the requirements of this section but is encouraged to comply, where practicable. 3. Any amendment to a previously approved landscape plan shall comply with all provisions within this section, where practicable. 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. C. Definitions. For the purposes of this section, the following words and phrases shall have the meaning respectively ascribed to them below: Establishment period: the first two years after installation of the plant in the landscape when its roots have integrated with the soil and new growth is present. Hydrozone: a portion of the landscape area having plants with similar water needs (high, moderate, low, or very low). Irrigation zone: an area served by a single control valve, sometimes referred to as a “station”. Zones are comprised of plant materials and soil types with similar water requirements. Landscape/Landscaping: A combination of living material (such as trees, shrubs, perennials, grasses, groundcovers, vines, annual flowers, turf or seeded areas, and food gardens), non-living material (such as mulch, stone, boulders, pavers, patios, plazas, and courtyards, hard surface sport courts, permeable artificial turf surfaces, and unplanted areas of a xeric landscape ), natural features (land and water forms), and structural features (such as benches, fountains, art, and screen walls). Landscape buffer: a land area with live plantings and/or structural components used to visually separate a use or parking lot from another property or public street. Landscaping, non-living: the portion of a site containing non-living materials or features as an integral part of the landscape, including but not limited to mulch, stone, boulders, pavers, patios, plazas, and courtyards, hard surface sport courts, permeable artificial turf surfaces, and unplanted areas of a xeric landscape. Material, living: includes trees, shrubs, perennials, grasses, groundcovers, vines, annual flowers, turf or seeded areas, and food gardens. Material, non-living: includes such materials as organic and inorganic mulches, stones, boulders, pavers, artificial turf, and ornamental objects. Mulch: any organic material (such as shredded bark, straw, or compost), or inorganic mineral material (such as rock, gravel, or decomposed granite), applied to the soil surface for the purpose of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. Native plant: a species that is indigenous to the Colorado Front Range and naturally occurring in one or more plant communities. Permeable or pervious: any surface or material that allows the passage of water through the material and into the underlying soil. Rain sensor or rain shutoff device: a component connected to an irrigation controller that automatically suspends or overrides scheduled irrigation when significant precipitation is detected. Structural features: Manufactured features including but not limited to fountains, reflecting pools, outdoor artwork, screen walls, fences, and/or benches. Turf: a surface layer of earth containing mowed grass with its roots, including cool - season turf grass (annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue) and warm-season turf grass (Bermuda grass, blue grama grass, and buffalo grass). Turf, functional: Functional turf means turf that is located in a recreational use area or other space that is regularly used for civic, community, or recreational purposes, which may include playgrounds, sports fields, picnic grounds, amphitheaters, portions of parks, putting greens, and the playing areas of golf courses. Turf, non-functional: Non-functional turf is turf that is predominantly ornamental and not functional, such as that located in a street right-of-way, parking lot, median, and transportation corridor. Non-functional turf does not include turf designated as part of a water quality treatment solution required for compliance with federal, state and local agencies. Water Budget: the targeted maximum amount of irrigation water applied to a landscaped area as measured in gallons per square foot per year. Weeds: Refer to Section 24-50 of the Code. Xeric/Waterwise: An environment or habitat containing or utilizing little moisture. D. General Landscaping Standards. 1. Irrigation. a. Landscape areas, plant beds, and raised planters shall be served by a permanent automatic irrigation system. b. Irrigation systems shall be zoned according to the water needs of the proposed plant material, with separate zones for trees, shrubs, perennials, and turf, and for sun, shade, and other climatic conditions. c. Trees shall have permanent irrigation installed, including within a xeric/waterwise landscape. d. For xeric/waterwise renovation of an existing landscape, the requirement for a functioning automatic irrigation system may be waived if water lines are not readily available or feasible to install, at the discretion of the community development director. A xeric/waterwise landscape plan with manual watering schedule may be required. 2. Living Material. a. Soil Preparation. All areas to receive plant material shall be treated with organic amendments at a rate of four (4) cubic feet per one thousand (1,000) square feet, incorporated to a minimum depth or six (6) inches. A lesser amount may be allowed if a soil test shows that such amendments are not necessary for water retention and deep root development. b. Selection. Plant material selection shall conform to the Recommended and Prohibited Plant Lists in the Streetscape Design Manual. Any proposed deviation from these lists or the approved landscape plan must be requested in writing, with approval by the community development director required prior to planting. c. Biodiversity. Diversity of the genus and species of trees and shrubs is encouraged to prevent monocultures that could result in large -scale losses in the event of disease or blight. d. Substitutions. Any proposed deviation from the approved landscape plan must be requested in writing, with approval by the community development director required prior to planting. e. Non-functional Turf. To reduce the unnecessary use of water, irrigated, high- water-demand turf shall be prohibited in non-functional areas of the landscape. Prohibited areas include: i. Parking lot islands and medians, ii. Private street medians, and iii. Street right-of-way. 3. Minimum Quality Standards. All new plant material shall meet or exceed current quality and species standards of the American Standard for Nursery Stock and the Colorado Nursery Act. A copy shall be maintained on file with the community development department. 4. Minimum Plant Sizes. Required landscaping shall meet the following minimum size standards: Table 1: Minimum New Plant Sizes Plant Type Minimum Size Deciduous Street Tree 2.5” caliper, B&B or equivalent Deciduous Shade Tree 2.0” caliper, B&B or equivalent Ornamental Tree 1.5” caliper or 6.0’ height, B&B or equivalent Evergreen Tree 6.0’ height, B&B or equivalent Deciduous and Evergreen Shrubs five-gallon container or equivalent Perennials and Ornamental Grasses one-gallon container Vines and Groundcovers one-quart container Notes: 1. Caliper is defined as diameter of trunk as measured one (1) foot above grade or root ball; B&B stands for balled and burlapped. 2. Plant Equivalents. Three (3) one-gallon perennials or ornamental grasses may be substituted for one (1) five-gallon shrub, and two ornamental trees may be substituted for one shade tree, to meet required plant quantities. 3. Minimum new plant sizes do not apply to homeowner-initiated landscape improvements on private property, unless required by permit. 5. Non-Living Material and Features. a. Non-living material may be counted toward meeting required landscape area where utilized as an intentional and integrated part of the overall design. b. Mulches. Refer to specifications in table 2 below. Table 2: Mulch Specifications Organic Mulch Finely shredded cypress, cedar, pine, or hardwood bark, bark chips, bark chunks or small nuggets, installed to a minimum depth of three (3) inches. Inorganic Mulch Crushed stone, pea gravel, or ‘Squeegee’ mix, installed to a minimum depth of three (3) inches. Stone or river rock, 1” to 3” in diameter, installed to a depth of three (3) inches. Stone or cobble of a larger diameter may be approved with consideration of placement (such as in street medians, tree lawns, parking lot islands, slopes, retention areas, or similar), on a case-by-case basis by the community development director. Note: Mulched beds of all types must be contained within a structural or spaded edge when abutting turf areas or where not confined by a curb or sidewalk. 6. Amenity Zone/ Right-of-Way Landscaping. a. Street tree selection shall conform to the recommended and prohibited plant lists in the Streetscape Design Manual. b. Landscaping located in a sight distance triangle within the amenity zone shall be maintained at a height below the clear zone, pursuant to section 26-603. 7. Installation of Required Landscaping. a. All required landscaping shall be installed per the approved plan and on the property for which it is required, which may include adjacent rights-of-way. b. Installation shall conform with the standard specifications of the Associated Landscape Contractors of Colorado. 8. Restoration and Revegetation of Disturbed Areas. All portions of the site where vegetative cover is damaged, removed, or destroyed during construction and not covered by new improvements, shall be revegetated with a mix of native, adaptive, and/or drought tolerant grasses and ground covers to prevent erosion. 9. Completion of Landscaping. a. The installation of required landscaping and irrigation shall be completed prior to the issuance of a certificate of occupancy. Where occupancy is requested prior to installation of landscaping, a financial guarantee following the requirements of this subsection shall be required. Financial guarantee shall only be accepted for the completion of necessary landscaping in extenuating circumstances such as adverse weather, desired occupancy outside of the planting season or necessary deferment of landscaping in stallation until construction of a phase of development is completed, or other conditions as determined by the community development director. b. The installation of required site fixtures such as lighting, benches, trash receptacles, and bicycle racks shall be completed prior to the issuance of a certificate of occupancy. Where occupancy is requested prior to completion of site fixtures, a financial guarantee following the requirements of this subsection shall be required. Financial guarantee shall only be accepted for the installation of site fixtures in extenuating circumstances as determined by the community development director, and only if the lack of installed features does not result in a life or public safety concern. c. Additional financial guarantee may be required by Chapter 20 related to site stabilization and native seed establishment. d. The financial guarantee shall meet the following requirements: i. An irrevocable letter of credit or escrow account shall be required for the completion of landscaping, fixtures, and shall be equal to one hundred and twenty-five percent (125%) of the remaining cost of installation and/or stabilization/establishment. ii. The amount of the financial guarantee shall be based on an itemized cost estimate for the required installation per the approved landscaping plan. The itemized cost estimate shall be accepted at the discretion of the community development director prior to acceptance of the financial guarantee. a) For single detached and duplex sites, the community development director has the discretion to determine the value of escrow based on the prevailing market rate for installation and materials. b) For all other sites, the applicant shall provide the itemized cost estimate for review by the community development director. iii. Financial guarantees shall not be released or extinguished until all installation is complete and in compliance with the approved landscape plan and the irrigation is installed and functional. iv. Should the required landscaping not be properly installed upon the expiration of the financial guarantee, the city reserves the right to use such funds to have the required landscaping, fixtures, and site stabilization placed upon the subject premises. v. Any costs incurred by the city in excess of the funds provided by the financial guarantee shall be recovered by the city through normal lien proceedings. 10. Maintenance. a. The party or parties responsible for the property upon which the landscape plan will be implemented, whether as developer, property owner(s), property manager or homeowners association, and their respective heirs, successors, and assigns are jointly and severally responsible to maintain all plants and landscape areas, including within the adjacent public rights-of-way, in accordance with the approved plans. The city may enforce the approved plan against any or all of such parties.: i. All areas shall be kept free of disease, pests, weeds, and litter. ii. Regular pruning and trimming shall be performed to maintain an attractive appearance and to permit the plants to achieve their intended form and height. iii. Any landscaping found to be dead, diseased, damaged, or missing shall be removed and/or replaced within one planting season. b. Landscape structures such as retaining walls, seat walls, fire pits, water fountains, benches, etc. shall be repaired or replaced as necessary to maintain a structurally sound condition. c. Mulches, crushed stone, cobble, and other loose surface materials shall be contained within defined and edged beds in their designated areas, free of weeds, and to their required depths. d. Irrigation systems shall be inspected and maintained in accordance with the approved irrigation plan as required pursuant to section X. Temporary irrigation systems, required for the establishment of native grass and/or wildflower areas, shall be removed upon successful coverage of the primary material. 11. Inspection, Authority, and Violations a. Required landscaping shall be subject to inspection by the community development department to ensure continued compliance with the approved plans. Any proposed deviation from the approved landscape plan must be requested in writing, with approval by the community development director required prior to planting. b. Enforcement and penalties shall be in accordance with those provisions set forth in article X. 12. Private Covenants. No restrictive covenants, conditions, restrictions, deed clauses or other agreements between the parties that prevent the use of xeric/waterwise landscaping shall be enforceable in any manner which allows plant materials prohibited by this Section, which prevents plant materials allowed by this Section, or which otherwise prevents or hinders the implementation of an approved landscape plan. E. Specific District Requirements. Nothing contained in this section shall prohibit any landowner from landscaping in excess of minimum requirements stated herein, either on their property or within public right-of-way, if approved by the community development director. Off-site landscaping cannot reduce the on-site requirements. 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 1. Single Detached and Duplex Residential Uses: a. Minimum landscape requirements set forth in table 3 pertaining to single detached and duplex residential uses shall apply. b. The use of xeric/waterwise plant material and principles are strongly encouraged. c. For xeric/waterwise renovations to existing single detached and duplex residential sites, the minimum landscape requirements set forth in table 3 remain in effect. d. A fully rocked or mulched front yard must contain a minimum one-third living plant coverage, as measured by projected growth after two years. e. 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. Artificial turf is permitted in rear or side yards not visible from a public street at a maximum of 400 square feet per dwelling unit. 2. Multi-Unit Residential and Nonresidential Uses: a. The minimum landscape requirements set forth in table 3 pertaining to multi- unit and nonresidential uses shall apply. 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 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. b. Expansions of existing development and structures. i. Unless otherwise expressly stated in this subsection, the landscaping requirements of this section apply when an existing structure is expanded or enlarged, through the addition of floor area or other units of measurement used for establishing landscaping requirements. ii. If the site is conforming in terms of the existing landscaping square footage provided, then the expansion or new site development shall not cause the percentage of landscaping to be reduced below the required percentages in table 3. iii. If the site is currently nonconforming in terms of the existing landscaping square footage provided, additional landscaping shall be required to address the enlarged or expanded area, not the entire building or use, on a percentage basis as determined by square footage added. Table 4 below sets forth an example for applying this standard: Table 4. Calculating Required Landscaping for Expansions on Non- Conforming Sites Example Worksheet Proposed Building SF 2,600 S.F. _______ S.F. Existing Building SF 2,000 S.F. _______ S.F. Added SF 600 S.F. _______ S.F. Percent Increase 600 S.F. / 2,000 S.F. = 30% ______ / ______ = ______% Existing Lot Area 14,500 S.F. _______ S.F. Required Landscaping per Current Code 20% _______ % Required Landscape Area per Current Code 14,500 S.F. x .20 = 2,900 S.F. ______ x ______ = ______ S.F. Existing Landscape Area 500 S.F. _______ S.F. Landscape Deficiency 2,900 S.F. – 500 S.F. = 2,400 S.F. ______ - ______ = ______ S.F. Required Additional Landscaping 30% x 2,400 S.F. = 720 S.F. (% increase x landscape deficiency) ______ x ______ = ______ S.F. Note: If the existing landscape area is less than the required amount under the current code for new development, this number is used to calculate the proportionate increase required. For example, if there was only 500 square feet of landscaping, then 720 additional square feet would be required, where practicable. c. The use of xeric/waterwise plant materials and principles are required and shall be used to guide design and promote water conservation. d. Walking paths or sidewalks of at least five (5) feet in width may count toward non-living landscaping if designed as part of a pedestrian network or loop through other living or non-living landscape areas such as a common lawn s, plazas, or courtyards, subject to approval by the community development director. e. Preservation of existing healthy trees is encouraged, and credit shall be given toward required new plant material. Trees with a caliper of five (5) inches or less may be credited as one (1) tree. Trees with a caliper of five (5) to ten (10) inches may be credited as two (2) trees. Trees with a caliper in excess of ten (10) inches may be credited as three (3) trees. f. Non-functional Turf. In addition to the limitations set forth in section 26-502.D, non-functional turf shall also be prohibited in the following locations: i. Landscape areas with slopes greater than 4:1, and ii. Landscape strips less than six (6) feet in width. g. Artificial Turf. i. Artificial turf is permitted in limited circumstances, as follows: a) Sport and play areas specifically designated for athletic purposes including but not limited to athletic fields, playgrounds, gaming areas, and dog runs. b) Private fenced side and rear yards of single-attached dwellings, such as townhomes, up to a maximum of 400 square feet per dwelling unit. c) 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. The area may be credited toward non-living landscape area. ii. Artificial turf is prohibited in the following locations: a) Required landscape buffer areas. b) Areas owned and/or maintained by owner’s associations, except where used for athletic purposes. c) On commercial, industrial, and institutional properties, except where used for athletic purposes. h. Screening, Buffers, and Transitions. i. Landscape screening and buffering for parking lots: a) Any parking lot, drive aisle, drive-thru lane, or loading area adjacent to a public street shall be screened with one or more of the following: 1) A minimum five (5) foot wide landscape buffer with regularly spaced trees and/or shrubs to soften the parking edge. 2) A vertical screening device, 30 to 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 pier and decorative iron railing, or any other decorative and durable screening device that is consistent with the materials of the main building. Wood, chain link and vinyl picket fencing shall not be permitted. 3) When a parking lot’s frontage along the street or public space is greater than twenty (20) linear feet, no more than thirty percent (30%) of the screening requirement may be fulfilled by a landscape buffer. b) Wherever a parking lot abuts a property with a residentially or agriculturally zoned lot with 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. c) Additional parking lot buffering requirements may apply based on use. Refer to supplementary regulations in Article VI. ii. Landscape screening and buffering between use types. a) Where new development abuts a residentially or agriculturally zoned lot that contains a single-unit or duplex residential use, a landscape buffer shall be required following the standards of the parking lot buffering requirements adjacent to residential uses. b) The buffer shall count toward the required building setback. i. Parking area landscaping. i. Parking area landscaping shall be provided including any required parking lot buffers. Landscaping in off street parking areas shall be counted toward the minimum required landscape area. ii. Landscape islands. The intent of requiring landscape islands is to provide shade and minimize the aesthetic impact of large, uninterrupted expanses of pavement. a) Interior landscape islands shall be provided at a minimum rate of one (1) island per thirty (30) parking spaces. Each landscape island shall occupy the equivalent of one (1) parking space or larger and shall be landscaped with a minimum of one (1) shade tree and four (4) shrubs or acceptable equivalent (see table 1). b) At the discretion of the owner, and with approval of the director of community development, based upon the intent and purpose of this section, an acceptable alternative to individual islands would be the equivalent aggregate landscape area developed in lar ger islands or landscape medians. c) Parking lot landscape islands shall be irrigated with an automated drip system and have raised concrete curbs. d) No landscaping within the parking lot islands or medians shall impede parking space use or obstruct visibility for vehicles entering, maneuvering in, or exiting the parking lot. F. Process. 1. Landscape Plan. A landscape plan shall be submitted with the required development plan or building permit for (1) all single-unit or duplex residential development with common area tracts or easements, (2) all multi-unit residential development, and (3) all nonresidential development. The plan shall include: a. Date, north arrow, and scale; name and location of the development; name(s) of owner(s); name, address and telephone number of person or firm preparing the plan; name and telephone number of the contact person for the project. b. Location of property lines with dimensions, adjacent streets and rights -of-way, drainage features, building and structures, parking, loading and vehicular circulation areas, driveways, exterior freestanding light fixtures and sight distance triangles. c. Location, dimensions, and square footage calculations of all landscape areas including total lot area, total landscape area, and areas of living and non -living materials. d. Location of proposed plant materials and trees; schedule of plant material and trees including species types, sizes, quantities, and hydrozone category, with total quantities and characteristics provided by use of a key and legend. e. Location of existing trees or other plant material to be preserved; schedule of existing trees or plant material to be preserved including species types, sizes, and quantities. f. Location of existing trees or other plant material to be removed; schedule of existing trees or plant material to be removed including species types, sizes, and quantities. g. Standard notes as determined by the community development department. 2. Hydrozone Plan. A hydrozone plan is required with the submittal of a landscape plan which shall encourage the grouping of plants by water need. The plan shall include: a. Location, square footage, and hydrozone category (high, moderate, low, or very low) for each zone. b. Annual water budget table. Calculations shall utilize the following water budget categories and include a table of annual water usage, as noted below. A maximum budget of fifteen (15) gallons per SF per year is allowed, with twelve (12) gallons per SF or less encouraged. Table 5. Water Budget Categories H High 18+ gallons/SF/year M Moderate 10 gallons/SF/year L Low 3 gallons/SF/year VL Very Low 0 gallons/SF/year Table 6. Calculating an Annual Water Budget Hydrozone Category Total Square Feet/Category Total Gals/Year/Category High Water Zones ______ SF x 18 Gals/SF = ______ Gals/Year Moderate Water Zones ______ SF x 10 Gals/SF = ______ Gals/Year Low Water Zones ______ SF x 3 Gals/SF = ______ Gals/Year Very Low Water Zones ______ SF x 0 Gals/SF = ______ Gals/Year ______ SF Total All Zones ______ Gals/Year Total All Zones ________ Gals/SF/Year Average (Gals/Year Total All Zones divided by SF Total All Zones) Table 7. EXAMPLE: Annual Water Budget Table Hydrozone Category Total Square Feet/Category Total Gals/Year/Category High Water Zones 500 SF x 18 Gals/SF = 9,000 Gals/Year Moderate Water Zones 1,500 SF x 10 Gals/SF = 15,000 Gals/Year Low Water Zones 1,000 SF x 3 Gals/SF = 3,000 Gals/Year Very Low Water Zones 200 SF x 0 Gals/SF = 0 Gals/Year 3,200 SF Total All Zones 27,000 Gals/Year Total All Zones 8.43 Gals/SF/Year Average (Gals/Year Total All Zones divided by SF Total All Zones) 3. Irrigation Plan. An irrigation plan showing the location and type of irrigation system shall be submitted with the required civil construction plans as part of site development plan review (or building permit, if determined by the community development director). 4. Amendments to an approved plan. a. Any proposed deviation from the approved landscape plan must be requested in writing, with approval by the community development director required prior to planting. b. If minor changes to a site’s landscaping are requested due to attrition or changes in site conditions, approval by the community development director may be required. The total area of landscaping may not be reduced below approved or minimum standards. c. For property owners wishing to move toward a more xeric/waterwise design, a revised landscape plan may be required if the original design is substantially altered, if the proposed changes result in a significant modification of the irrigation system, or if an irrigation plan or system does not exist, at the discretion of the community development director. 5. Administrative adjustments and variances. a. Administrative adjustments. 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, to be demonstrated by the applicant who shall include an alternative proposal with the application materials. The community development director may grant administrative adjustments to the following standards: i. Species type, quantity, and size of plantings. ii. Required increase of landscaping on nonconforming sites with a proposed expansion if the addition of landscaping is impossible or impractical due to other code requirements such as required parking areas. iii. Adjustments to width of required buffer zones up to twenty percent (20%). iv. Irrigation of new xeric/waterwise landscaping on sites with existing development if water lines are not readily available nor feasible to install. b. Variances. The minimum required landscape area from table 3 and required buffer areas from section 26-502.E beyond administrative adjustments of twenty percent (20%), may be eligible to be reduced by approval of a variance; see section 26-115. Section 2. Section 26-111.D.3 of the Wheat Ridge Code of Laws is hereby amended as follows to align with landscape plan requirements of Section 26 -502: D. Site plan application requirements. … 3. Landscape plan. Landscape plans shall conform to the requirements of section 26-502, in addition to: a. The landscape plan shall be prepared in a twenty-four (24) × thirty- six (36) inch format; b. a. Location and dimensions of all open space areas, including minimum required usable open space for site development within a mixed use zone district; c. Proposed materials for all landscaped and hardscaped areas; d. Location and type of all trees and other plantings; e. Schedule of proposed plantings; f. b. Table showing open space or landscape area required and provided., including required and provided usable open space for site development within a mixed use zone district. Section 3. Section 26-115.C.1 of the Wheat Ridge Code of Laws is hereby amended as follows to specify which sections of Section 26-502 are eligible for variances: C. Variances: 1. Administrative variances fifty (50) percent or less: The director of community development is empowered to decide upon applications for administrative variances from the strict application of any of the "development standards" pertaining to zone districts in article II and sections 26-501 (off-street parking), and Table 3 of 26-502.E (landscaping requirements by use), and 26-502.E (screening, buffers, and transitions), and 26-603 (fencing), and subsection 26-646.B. (development standards for ADUs) and article VII (signage) of this chapter, which apply through the various zone district regulations and in other situations which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions: … 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 for variances from the strict application of the development standards pertaining to zone districts in article II, sections 26-501, 26-503 Table 3 of 26-502.E, 26-502.E, 26-603, 26-625 or article VII of this chapter. Section 4. 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 revision of certain definitions and the addition of the following new definitions in the appropriate alphabetical location, as follows: Amenity zone: the portion of the streetscape between the back of curb and sidewalk. The amenity zone may be hardscaped or landscaped and provides a buffer between the sidewalk or parking area and street. The amenity zone is the location for streetlights, pedestrian lights, street trees, street amenities and furniture, and utilities. Dwelling, multiple. Three (3) or more dwelling units where each unit is attached to the other units either in a stacked configuration or a side -by side configuration (refer to dwelling, single attached). Also referred to as multi-unit dwelling. Dwelling, single attached. Three (3) or more dwelling units where each unit is attached to other units by party walls, and where habitable spaces of different units are arranged side-by-side, rather than a stacked configuration. This can include, but is not limited to, townhomes with exterior entrances. Hardscape. Exterior ground surface areas covered with concrete, pavers, brick, stone or a similar surface and not intended for vehicular use. Landscaping. A combination of living material (such as trees, shrubs, perennials, grasses, groundcovers, vines, annual flowers, turf or seeded areas, and food gardens), non-living material (such as mulch, stone, boulders, pavers, patios, plazas, and courtyards; hard surface sport courts; permeable artificial turf surfaces, and unplanted areas of a xeric landscape), natural features (land and water forms), and structural features (such as benches, fountains, art, and screen walls). plants, such as trees, shrubs, vines, groundcover, flowers, sod or grass, and may include natural features, such as rock, stone and bark, and structural features, including, but not limited to, fountains, reflecting pools, art works, screen walls, fences and benches. Uncontrolled weeds shall n ot be considered as landscaping, however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted as nonliving landscape feature. Streetscape. The sidewalk, amenity zone, and other improvements typically located in the right-of-way between the curb and the property line. In some cases, streetscapes may be adjacent to a private street or within public easements adjacent to the right-of-way. Section 5. Section 26-216 of the Wheat Ridge Code of Laws, containing requirements for the Neighborhood Commercial (NC) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502: B. Development standards: … 5. Front yard setback. Thirty (30) feet minimum, except for: … c. For properties within a Traditional or Contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement. 6. Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply: … c. In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots), shall be required. 7. Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply: … d. In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required. Section 6. Section 26-217 of the Wheat Ridge Code of Laws, containing requirements for the Restricted Commercial (RC) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502: B. Development standards: … 5. Front yard setback. Fifty (50) feet minimum, except for: … d. For properties within a Traditional or Contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement. 6. Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply: … c. In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots), shall be required. 7. Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply: … d. In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required. Section 7. Section 26-218 of the Wheat Ridge Code of Laws, containing requirements for the Commercial-One (C-1) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502: B. Development standards: … 5. Front yard setback. Fifty (50) feet minimum, except for: … d. For properties within a Traditional or Contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement. 6. Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply: … c. In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots), shall be required. 7. Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply: … d. In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required. Section 8. Section 26-219 of the Wheat Ridge Code of Laws, containing requirements for the Commercial-Two (C-2) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502: B. Development standards: … 5. Front yard setback. Fifty (50) feet minimum, except for: … d. For properties within a Traditional or Contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement. 6. Side yard setback. Based upon the specific site, adjacent land use and adjacent public streets, one (1) or more of the following requirements shall apply: … c. In addition to building setback as required by subsection a. above, where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots), shall be required. 7. Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1) or more of the following shall apply: … d. In addition to building setback as required by subsection a. above, where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential or where zoned agricultural and there is a residential structure within fifteen (15) feet of the commercial property, a five-foot-per-story landscaped buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required. Section 9. Section 26-220 of the Wheat Ridge Code of Laws, containing requirements for the Industrial-Employment (I-E) zone district, is hereby amended as follows to update cross references and align landscaping requirements within front setbacks and buffers of Section 26-502: B. Development standards: … 5. Front yard setback. Ten (10) feet minimum. The 10-foot setback area must be landscaped to meet the requirements of section 26 -502. For properties within a Traditional or Contemporary overlay area as defined in the Architectural and Site Design Manual, a build-to requirement shall apply in lieu of a front setback requirement. 6. Side yard setback. a. Principal permitted and accessory uses: Five (5) feet per story minimum, except as follows: … (2) Ten (10) feet where adjacent to a dedicated public street. The 10-foot setback area must be landscaped to meet the requirements of section 26-5052. (3) Where a side yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where zoned agricultural and there is a residential use, a fifteen-foot landscape buffer meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be required. … 7. Rear yard setback. a. Principal permitted and accessory uses: Ten (10) feet for a one-story building and an additional five (5) feet per each additional story thereafter, except as follows: … (3) Where a rear yard abuts a residentially or agriculturally zoned lot that contains a residential use, property zoned residential, or where zoned agricultural and there is a residential use, a fifteen-foot landscaped buffer meeting the requirements of 26-502E. (landscape buffering for parking lots) shall be required. Section 10. Section 26-306.B of the Wheat Ridge Code of Laws is hereby amended as follows to defer to landscape plan requirements of Section 26 -502: B. Form and content of specific development plan. … 2. Site plan. The drawings shall be to-scale and shall include the locations of the following: … b. Proposed locations for landscaping, parking, building locations, and buffering. Landscape plan shall be in conformance with the requirements of section 26-502.F. Section 11. Section 26-417.C of the Wheat Ridge Code of Laws is hereby amended as follows to clarify right-of-way landscaping as a public improvement: C. Types of public improvements: 1. Street and/or streetscape improvements. Construction of street improvements or payment in lieu is required only for certain types of subdivision or development applications as outlined in subsection E. below. Street improvements include, but are not limited to, the following: … g. Landscaping. in the right-of-way including required street trees and irrigation. Section 12. Section 26-628 of the Wheat Ridge Code of Laws is hereby amended as follows to be consistent with landscaping requirements of Section 26 -502: F. Whenever a parking lot or display lot adjoins property zoned for residential use, a landscape buffer of ten (10) twelve (12) feet from said lot boundary shall be required. Within the ten-foot twelve-foot landscape buffer, a six-foot view obscuring fence or decorative wall shall be constructed. There shall be no waivers of this landscape and fence buffer requirement. G. There shall be at least one (1) interior landscaped island for each thirty (30) parking and/or vehicle display spaces. Each such landscape island shall occupy the equivalent of one (1) parking space, and each such required island shall be landscaped with a minimum of one (1) two-inch caliper tree or larger, and five (5) shrubs or acceptable living groundcover. Refer to section 26-502 for parking lot landscape island requirements. Section 13. Section 26-501.B.7 of the Wheat Ridge Code of Laws is hereby amended as follows to align with landscape plan requirements of Section 26 -502: B. Applicability. … 7. Parking plan required. … c. Location of landscaping areas and type of landscaping, including size, species, and number as required in section E.6 below. Location of landscaped areas including required buffers/screening and parking lot islands as required by section 26-502.E. Section 14. Section 26-501.E of the Wheat Ridge Code of Laws is hereby amended as follows to defer to Section 26-502: E. Standards. 1. General provisions. … c. Location of parking areas. … iv. Multi-unit dwelling parking lots. Parking for multi-unit dwelling development shall not be placed within the minimum front yard setback. Where parking is to be placed within a side or rear yard which is adjacent to a public street, a landscape buffer of at least ten (10) feet is required. … 6. Parking area landscaping. Parking area landscaping shall be provided as set forth below. Landscaping in off street parking areas shall be counted towards the minimum total landscaped area required by section 26-502. a. Landscape buffering for parking and loading areas. Landscape buffering shall comply with screening and buffering requirements of section 26-502.E. i. Adjacent to low- or medium-density residential. Whenever a parking lot or loading area boundary adjoins property zoned for low- or medium-density residential use, or if zoned agricultural but developed as residential, a landscape buffer of six (6) feet from said lot boundary shall be required. Within the six-foot landscape buffer, a six-foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other acceptable groundcover or trees and/or shrubs shall be planted within the landscape buffer areas as approved by the director of community development through a landscape plan. ii. Between public right-of-way and structure(s). When a parking lot or loading area is placed between the public right -of-way and the structure(s), a screening of the parking area shall be established between the right-of-way and the parking area. This view-obscuring screen shall be composed of live plantings, berms, fences or walls, or a combination thereof. The height of the screening shall be subject to the sight distance triangle requirements. See section 26- 603. Also see subsection 26-502.D.3.c.2 regarding landscape buffers on nonresidential property. b. Landscaped islands in parking areas. Landscaped islands are required as set forth in section 26-502.E. The intent of the requirements for landscaped islands in larger parking areas is to break up groups of parking spaces within the parking area to minimize the aesthetic impacts of large, uninterrupted parking areas. i. All parking areas in excess of thirty (30) spaces shall have at least one (1) interior landscaped island per thirty (30) spaces. Each such landscaped island shall occupy the equivalent of one (1) parking space (minimum) and each such required island shall be landscaped with a minimum of one (1) two-inch caliper tree or larger and four (4) shrubs or accepted groundcover. ii. At the discretion of the owner, and with approval of the director of community development, based upon the intent and purpose of this section, an acceptable alternative to individual islands would be the equivalent aggregate landscaped area developed in larger islands or as interior divider strips. iii. Parking lot islands shall be irrigated with an automated sprinkler and have raised concrete curbs. iv. No landscaping within landscaped islands may obstruct visibility for vehicles entering, maneuvering in, or exiting the parking lot. … 12. Miscellaneous. … k. Multi-unit dwelling parking lots. Parking for multi-unit dwelling development shall not be placed within the minimum front yard setback. Where parking is to be placed within a side or rear yard, which is adjacent to a public street, a landscape buffer of at least ten (10) feet is required. Section 15. Section 26-1106.H of the Wheat Ridge Code of Laws is hereby amended as follows to correct code cross-reference and align with section 26-502: H. Residential transitions. … 1. Landscaped buffers. Where new development abuts a residentially or agriculturally zoned lot that contains a single- or two-unit residential use, the required setbacks in section 26-1105.DC shall apply. The required setback area shall be landscaped with grass and trees and/or shrubs. a mix of living and non-living materials. Section 16. Section 26-1107.C of the Wheat Ridge Code of Laws is hereby amended as follows to align with section 26-502: C. Surface parking buffers and screening. 1. Where a surface parking lot directly abuts a street or public 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. grass, or groundcover plantings, and trees located a minimum of thirty (30) feet on center. • 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. The screen must meet the sight triangle requirements in section 26-603. … 2. Where a surface parking lot boundary abuts a residentially or agriculturally zoned lot with a residential use, a landscape buffer of six (6) feet from said lot boundary shall be required. Along the boundary of the lot with a residential use, a six-foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other ground cover and trees and/or shrubs shall be planted within the landscape buffer 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 12). Section 17. Section 26-1110 of the Wheat Ridge Code of Laws is hereby amended as follows to align with section 26-502: D. Minimum landscaping. At least thirty-five (35) percent of the required open space area shall be composed of living landscape materials, including trees. The minimum plant sizes required by section 26-502.F requirements of sections 26-502.C, D, and F shall apply. E. Usable open space. For all development sites, at least seventy-five (75) percent of the required open space must be usable open space. … 4. Drainage ways, ponds, and other areas required for stormwater quality or detention may qualify as usable open space if such areas are designed for passive or active use and are landscaped with grass, shrubs, and/or trees living material, subject to approval of the community development director. … F. Artificial turf. Artificial turf is prohibited except in limited circumstances for common areas and outdoor dining areas, such as central plazas, patios, play areas, or ball fields (but not private yard space or required landscape buffers) within the discretion of the community development director. 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, playgrounds, gaming areas, and dog runs. • Private fenced side and rear yards of single-attached dwellings, such as townhomes, up to a maximum of 400 square feet per dwelling unit. • Required residential transitions landscape buffers. • 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. 2. Artificial turf is prohibited in the following locations: • Required parking lot landscape buffer areas. • Areas owned and/or maintained by owner’s associations, except where used for athletic purposes. • On commercial industrial, and institutional properties, except where used for athletic purposes. … G. Non-Functional Turf. In addition to the limitations set forth in section 26-502.D, non-functional turf shall also be prohibited in the following locations: • Landscape areas with slopes greater than 4:1, and • Landscape strips less than six (6) feet in width. GH. Streetscaping. All new development, including expansions of an existing structure by 50 percent or more of the floor area, shall meet the requirements in the City of Wheat Ridge Streetscape Design Manual. HI. Maintenance. The developer, its successor and/or the property owners shall be responsible for regular weeding, irrigating, fertilizing, pruning, or other maintenance of all plantings as needed in order the ensure the survival of any required landscaping. The city may require the removal and replacement of such landscaping where dead, diseased, or damaged landscaping is found. All property owners/occupants shall be responsible for the maintenance of landscaping within the portion of the public right-of-way between the back of the curb or street pavement and adjacent private property. Landscaping shall be maintained in accordance with section 26-502.D. IJ. The requirements of section 26-502, subsections C,D, and F shall apply to mixed use zones. The remaining subsections of section 26-502 shall not apply to such zones. shall not apply within any mixed use zone, with the exception of the minimum plant sizes in 26-502.F. JK. The requirements of section 26-507 shall apply in all mixed use zone districts. KL. The requirements of section 26-508 shall apply in all mixed use zone districts. Section 18. 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 the deletion of certain definitions now defined in section 26-123 applicable to all of Chapter 26: Streetscape. The sidewalk, landscaping, and other improvements typically located in the right-of-way between the curb and the property line. In some cases streetscapes may be adjacent to a private street or within easements adjacent to the right-of-way. Section 19. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 20. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of X to X on this ___ day of _______, 2024, 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 May 22, 2023 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 ___ to ___, this ___ day of _______, 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. _______________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us Created: 2022-10-28 10:59:53 [EST] (Supp. No. 69, Update 2) Page 1 of 5 Sec. 26-502. Landscaping requirements. A. Landscaping defined: A combination of living plants, such as trees, shrubs, vines, groundcover, flowers, vegetable plants, sod or grass; and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecti ng pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, maintained natural grasses and natural flowers may be considered as landscaping. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. B. Landscape plan: A landscape plan is required to be submitted with the required building permit or development plan for all public, semi-public, multi-unit dwelling, commercial and industrial development, redevelopment, addition or change in use. The plan shall be approved by the director of community development. The following information shall be included in the plan: 1. Date, north point and scale (scale not to exceed one (1) inch equalling forty (40) feet with one (1) inch equalling twenty (20) feet desirable), name and location of the development; name(s) of owner(s); name, address and telephone number of person or firm preparing the plan; name and telephone number of the contact person for the project. 2. Topographic contours and spot elevations on final grading plan adequate to identify and properly specify landscaping for area needing slope protection. 3. Location of property lines with dimensions, adjacent streets and right-of-way, drainage features, building and structures, parking, loading and vehicular circulation areas, driveways, underground and/or overhead utility lines, and traffic sight distance triangles. 4. Landscaped areas on the site including: a. Locations, dimensions and square footage of all landscaped areas. This shall include calculations for total lot area, total landscaped area, area of living vegetation and area of non -living material. b. The locations, types, sizes and quantities of proposed plant and other materials. Common and botanical names shall be identified adjacent to all plant material or by use of a key and legend. c. The location, size, materials and treatment of non-living landscaped areas. d. The species, location and size of any existing plant materials to be preserved. e. The species, location and size of any existing plant materials to be removed. 5. Location and type of the irrigation system provided. 6. A description of existing trees which are proposed to be preserved during site preparation and construction. C. Landscape area requirements: 1. Any combination of two (2) or more of the following: grass, flowers, shrubbery, deciduous and coniferous trees, which shall be maintained in an orderly manner. The use of non -living material such as bark, rock or ornamental objects shall not exceed thirty-five (35) percent of the required landscaping area. Coverage shall be determined for the projected growth after two (2) full growing seasons. Created: 2022-10-28 10:59:53 [EST] (Supp. No. 69, Update 2) Page 2 of 5 2. The growth of any plantings or the erection of any landscape structure or berm is regulated by section 26-603B. 3. Except for approved street trees, the landscaping required in the right-of-way between the property line and the curbline shall not be permitted to obtain a height greater than thirty -six (36) inches above the level of the roadway. 4. Landscaping shall be installed only on the property to be developed or for which a building permit is applied. For properties with existing development, landscaping in addition to existing landscaping shall be required on a percentage basis determined either according to square footage added, or substantially altered, or value added to the premises by proposed improvements, whichever is higher, up to the maximum required for that district. Existing valuation and valuation of proposed changes shall be based on valuation tables within the adopted building code. The term "substantially altered" means that the value of remodeling excess fifty (50) percent of the value of the building prior to such improvements. 5. All new landscaped areas shall be served by a functioning automatic irrigation system which combines drip and subsurface irrigation with high efficiency sprinklers except on individual single unit and duplex residential lots. The requirement for a functioning automatic irrigation system may be waived with an approved xeriscaping/waterwise plan. All new irrigation systems shall be designed to be zoned according to water needs of proposed plant materials. There should be separate zones for turf grasses and shrub bed areas, for sun and shade and other climatic conditions and according to the water demands of the plant material. All new irrigation systems shall be equipped with automatic rain shut - off devices. 6. In all districts, any area of the lot not covered by building, parking, walkways, storage or display area must be landscaped. 7. Recirculated water shall be used for new decorative water features and fountains. 8. Artificial turf or plant materials are not allowed. 9. The irrigation of landscaped areas shall be consistent with the restrictions imposed by the water district in which a property is located. 10. No person, organization, or association may create or impose restrictive covenants, conditions, restrictions, deed clauses or other agreements between the parties that prevent the use of xeric/waterwise landscaping. D. District requirements: 1. Single detached and duplex residential uses: a. One (1) street tree per seventy (70) feet (or portion thereof) of street frontage to be placed within the front setback prior to issuance of the certificate of occupancy. This shall not be construed to mean trees placed seventy (70) feet on center. b. No less than twenty-five (25) percent of the gross lot area and no less than one hundred (100) percent of the front yard (exclusive of driveway and sidewalk access to the home) shall be landscaped. c. For new single detached and duplex dwellings, no more than fifty (50) percent of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. 2. Multi-unit residential uses: Created: 2022-10-28 10:59:53 [EST] (Supp. No. 69, Update 2) Page 3 of 5 a. Required within the minimum building setbacks abutting public right-of-way: One (1) tree, deciduous or evergreen, for every thirty (30) feet (or portion thereof) of street frontage. This should not be construed to mean trees placed thirty (30) feet on center. Trees provided in building setbacks shall not replace any requirements for street trees established in the Streetscape Design Manual (see section 26-224). b. In addition to trees required based upon public street frontage, one (1) tree and ten (10) shrubs are required for every one thousand (1,000) square feet of required landscape area. c. Except for pedestrian and vehicular access, the minimum required front yard shall be fully landscaped. d. Landscaping shall not be less than thirty (30) percent of the total lot area. e. For new multi-unit dwelling developments, no more than sixty (60) percent of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. 3. Nonresidential uses: a. Required within the minimum building setbacks abutting public rights -of-way: One (1) tree, deciduous or evergreen, for every thirty (30) feet (or portion thereof) of street frontage. This should not be construed to mean trees placed thirty (30) feet on center. Trees provided in building setbacks shall not replace any requirements for street trees established in the Streetscape Design Manual (see section 26-224). b. In addition to trees required based upon public street frontage, one (1) tree and ten (10) shrubs are required for every one thousand (1,000) square feet of required landscape area. c. Required landscaped areas shall be as follows: (1) In commercial zone districts, landscaping shall not be less than twenty (20) percent of the gross lot area. In the industrial-employment zone district, landscaping shall not be less than fifteen (15) percent of the gross lot area. (2) On any nonresidentially zoned property abutting 44th Avenue, 38th Avenue, Kipling Street, Wadsworth Boulevard, Youngfield Street, Ward Road, Sheridan Boulevard, or I -70 frontage roads, a landscaped area measuring ten (10) feet from the edge of the right-of-way is required for the entire length of the property abutting these roadways, except for curb cuts. This area may be used to meet the other area requirements. This requirement may be waived by the community development director where build -to requirements from a mixed use zone district or the Architectural Site Design Manual apply. (3) On residentially zoned property, a minimum ten-foot landscape buffer is required adjacent to public streets abutting front or side yards. (4) For new nonresidential developments, no more than thirty (30) percent of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encourag ed. (5) Additional requirements established in the Streetscape Design Manual may apply. d. All nonresidential uses located adjacent to residentially zoned areas or agriculturally zoned areas shall provide a screened or landscaped buffer area consisting of either or both of the following: (1) A six-foot high solid fence or landscaped hedge with a mature height of six (6) feet; or Created: 2022-10-28 10:59:53 [EST] (Supp. No. 69, Update 2) Page 4 of 5 (2) A strip of land at least fifteen (15) feet wide planted with a variety of vegetation and a minimum density of one (1) shrub or tree per every two (2) linear feet of buffer area adjacent to the residential or agricultural zoned property. Nothing contained in this section shall prohibit any landowner from landscaping in excess of the minimum requirements stated herein, either on their property or within public right-of-way, if approved by the community development director; however, offsite landscaping cannot reduce the onsite requirements. E. Landscape buffering for parking lots. 1. Whenever a parking lot boundary adjoins property zoned for low- or medium-density residential use, or if zoned agricultural but developed as residential, a landscape buffer of six (6) feet from said lot boundary shall be required. Within the six-foot landscape buffer, a six-foot-high view-obscuring fence, decorative wall or landscaped hedge with a natural height of six (6) feet shall be provided. In addition, grass or other acceptable groundcover or trees and/or shrubs shall be planted within the landsca pe buffer areas as approved by the director of community development through a landscape plan. 2. When a parking lot is placed between the public right-of-way and the structure(s), a screening of the parking area shall be established between the right -of-way and the parking area. This view-obscuring screen shall be composed of live plantings, berms, fences or walls, or a combination thereof. The height of the screening shall be subject to the sight distance triangle requirements. See section 26 -603. F. Plantings. 1. In all cases, the use of xeric/waterwise plant materials is encouraged. 2. Minimum size of plant and other materials: a. Deciduous trees: Two-inch caliper, measured one (1) foot above the ground. Trees with a caliper in excess of five (5) inches may be counted as two (2) trees. Trees with a caliper in excess of ten (10) inches may be counted as three (3) trees. b. Ornamental and flowering trees: Two-inch caliper, one (1) foot above the ground. c. Evergreen Trees: Six (6) feet in height. d. Flowering and evergreen shrubs and hedges: Five-gallon size. e. Vines and groundcovers: One-gallon size. f. Mulch: A minimum of three (3) inches in depth in areas protected from wind erosion. g. River rock: A minimum of one (1) inch to two (2) inches in size and at least three (3) inches in depth over a weed barrier groundcover. 3. Completion of landscaping. When the final landscape plan is submitted, a date for completion of all plantings and related work shall be included on the plan. Landscaping shall be installed and completed prior to the issuance of a certificate of occupancy. In extenuating circumstanc es, such as adverse weather, where occupancy is requested prior to completion of landscaping, an irrevocable letter of credit or escrow account shall be accepted for the completion of necessary landscaping, said financial guarantee to be equal to one and one-fourth (1¼) times the cost of the landscaping. A cost estimate for landscaping not installed at that time shall be presented to the department of community development for approval. Letters of credit or escrows shall not be released until all planting and finish materials shown on the approved landscape plan are installed and accepted. The amount of the escrow or letter of credit shall be determined by the department of community development based on the submitted landscaping plan. Should the required landscaping not be properly installed upon the expiration of the letter of credit or escrow account, the city reserves the right to use such funds to have Created: 2022-10-28 10:59:53 [EST] (Supp. No. 69, Update 2) Page 5 of 5 the required landscaping placed upon the subject premises. Any costs incurred by the city in excess of the funds provided by the letter of credit or escrow shall be recovered by the city through normal lien proceedings. G. Maintenance. 1. The developer, its successor and/or the property owner shall be responsible for regular weeding, irrigating, fertilizing, pruning or other maintenance of all plantings as needed in order to ensure the survival of any required landscaping. The city may require the removal and replacement of such required landscaping where dead, diseased or damaged landscaping is found. 2. Minor changes in the approved landscaping plan may be made with the approval of the director of community development if the total area of landscaping is not reduced below minimum standards and placement is not substantially changed. 3. All property owners/occupants shall be responsible for maintenance of landscaping within the portion of the public right-of-way between the back of the curb or street pavement and adjacent private property. H. Acceptable street trees. Street trees, whether on private property or in the public right-of-way, shall conform to the plant list contained in the Streetscape Design Manual. I. Waivers and variances. Generally, for waivers and variances, see section 26-115. Whenever a waiver or variance is required which would be reviewed by the board of adjustment, planning commission or city council, consideration should be given regarding alternatives to total waiv er requirements (for example, substituting planter boxes or hanging baskets for normal ground landscaping). (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1330, § 1, 8-9-04; Ord. No. 1481, § 14, 3-28-11; Ord. No. 1491, § 4, 5-23-11; Ord. No. 1523, § 7, 10-8-12; Ord. No. 1683 , § 27, 1-27-20; Ord. No. 1744 , § 25(Exh. 1), 7-11-22) LANDSCAPING FOR LOW-DENSITY RESIDENTIAL SITES Rev. 01/2024 General Landscape Requirements: The Zoning Code regulates the landscaping of single detached and duplex residential sites throughout the City of Wheat Ridge. The following information is a summary of Municipal Code section 26-502 (Landscaping requirements) specific to these low-density residential uses. Refer to the Municipal Code for the complete regulations. Wheat Ridge defines ‘landscaping’ as a combination of living material (such as trees, shrubs, perennials, vines, groundcovers, flowers, vegetable plants, and turf), non-living material (such as rock, stone, and bark mulch), and structural elements (such as fountains, retaining walls, seat walls, fences, and benches). ZONING CODE HANDOUT •100% of the front yard shall be landscaped. This can be accomplished with living material or a mix of living and non-living material (e.g., rock or mulch). •Fully rocked or mulched front yards must contain a minimum one-third (1/3) living plant coverage. Coverage is calculated as projected size/growth after two (2) growing seasons. •All front yard landscaping shall be maintained in an orderly manner. •Property owners are responsible for the care and maintenance of adjacent tree lawns/public rights-of-way. This includes mowing, watering, leaf removal and other general care of the area. •The irrigation of landscaped areas shall be consistent with the restrictions of the water district in which the property is located. All new landscaping must be irrigated. New Home Landscape Requirements: If you are building a NEW single detached or duplex home in Wheat Ridge, or if you are substantially altering an existing single detached or duplex home or landscape, please note the following requirements in addition to general landscape requirements above apply: •One shade tree per 70 linear feet (or portion thereof) of property frontage is required to be planted within the front setback (front yard). Street trees may also be required pursuant to the Streetscape Design Manual depending on the site location. •No more than 50% of the total landscape area shall be comprised of turf (seeded or sod). The use of low water turf varieties such as buffalo grass, blue grama grass, and tall fescue is highly encouraged. •Front yard landscaping and irrigation must be completed prior to the issuance of the certificate of occupancy, weather permitting. From October through May landscaping and irrigation may be postponed with an escrow. Single Detached Site ground pools, a Duplex Site l in LANDSCAPING = LIVING (TREES, SHRUBS, TURF, ETC.) + NON-LIVING (ROCK, MULCH, ETC.) MATERIAL ATTACHMENT 3 LANDSCAPING FOR LOW-DENSITY RESIDENTIAL SITES Rev.1/2024 ZONING CODE HANDOUT Xeric, Waterwise, and Native Landscapes To improve water efficiency and create a more sustainable water future, the City or Wheat Ridge encourages residents to embrace the idea and principles of xeric/waterwise design: • Develop an overall practical plan. For example, is the area for ball-playing or a quiet place to meander and sit? • Be aware of your soil types and amend if necessary. • Determine turf area and appropriate turf types for your design. • Choose drought resistant plant material. • Investigate what irrigation option is most efficient for your plan. • Use permeable weed fabric and mulch to a depth of 3” to maximize moisture retention and minimize weed invasion. • Follow through with necessary maintenance. • Consider existing automatic sprinkler heads that you might be able to retrofit for a xeric landscape. For existing single detached and duplex dwellings interested in moving toward a xeric, waterwise, or native landscape: • Organic mulches (bark, compost) and inorganic mulches (rock, cobble, crusher stone, squeegee) may be used as a primary groundcover when: • included as an intentional and integrated part of the design • balanced with other living and non-living elements • kept in place with edging, low walls, pavement, or other permanent material • Native grasses and/or wildflower mixes of a height greater than 12” must be confined to the rear yard or planted within a defined and edged bed in the front yard. Did you know outdoor water use accounts for as much as 80% or total water consumption in Colorado? Wheat Ridge residents are encouraged to check out opportunities, incentives, and rebates available through your specific water utility and local non-profit organizations. Additional Resources:n-ground pools, above- City of Wheat Ridge • Landscape Design Guidebook • Recommended Plant List • Streetscape Design Manual Resource Central • Garden In A Box • Lawn Replacement Program • Slow the Flow (free irrigation inspections) • Waterwise Yard Seminars For Questions:und pools, above- This informational handout may not address all situations. Please refer to Code Section 26-502 and contact the Community Development Department with any questions to confirm whether and which standards may apply. City of Wheat Ridge Community Development Department 7500 W. 29th Avenue · Wheat Ridge, CO · 80033 Phone: 303-235-2846 · www.ci.wheatridge.co.us