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HomeMy WebLinkAbout05.15 Agenda PacketAGENDA PLANNING COMMISSION CITY OF WHEAT RIDGE, COLORADO Thursday, May 15, 2025, 6:30 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 West 29th Avenue, Municipal Building, Council Chambers. Planning Commission members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on May 14, 2025) 3. 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 886 7707 4307 and Passcode: 946387 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view CALL TO ORDER ROLL CALL OF MEMBERS PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA APPROVAL OF MINUTES April 17, 2024 PUBLIC FORUM This is the time for any person to speak on any subject not appearing on the Public Hearing agenda. Public comments may be limited to 3 minutes. PUBLIC HEARING* 1. ZOA-25-4 – an Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning multi-unit residential parking requirements and making conforming amendments therewith 2. ZOA-25-5 – an Ordinance amending Section 26-502 of the Wheat Ridge Code of Laws concerning procedural updates to landscaping requirements OLD BUSINESS NEW BUSINESS 1. Upcoming Dates 2. Project and Development Updates 3. Commissioner Updates *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. Questions from commissioners and staff/applicant response e. Close public hearing f. Commission discussion and decision Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. Planning Commission Minutes - 1 – April 17, 2025 PLANNING COMMISSION Minutes of Meeting April 17, 2025 CALL THE MEETING TO ORDER The meeting was called to order by Chair Quinn at 6:31 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 1. ROLL CALL OF MEMBERS Commission Members Present: Kristine Disney Daniel Graeve Cody Hedges Michael Moore Patrick Quinn Susan Wood Commission Members Absent: Krista Holub Syrma Quinones Staff Members Present: Jana Easley, Planning Manager Scott Cutler, Senior Planner Tammy Odean, Recording Secretary 2. PLEDGE OF ALLEGIANCE 3. APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda. 4. APPROVAL OF MINUTES – March 6, 2025 It was moved by Commissioner DISNEY and seconded by Commissioner GRAEVE to approve the minutes of February 2, 2024, as written. Motion carried 6-0-1 with Commissioner WOOD abstaining. 5. 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. 6. PUBLIC HEARING Planning Commission Minutes - 2 – April 17, 2025 A. Case No. ZOA-25-1: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to allow, as a conditional use, freestanding emergency departments in the Mixed Use-Commercial (MU-C) zone district. Ms. Easley gave a short presentation regarding the ordinance. She entered into the record the case file and packet material. Commissioner HEDGES inquired how adding ambulatory services to this location helps promote mixed use-commercial purposes. Ms. Easley explained that mixed use-commercial zone districts are usually along arterial roadways where there is higher traffic, and she reminded the commission that there were ambulance services just west of this location until recently when Lutheran Hospital moved. She added that the goal is to achieve a balance in the area even though it is a more auto oriented corridor; the Wadsworth Boulevard project will add pedestrian walkability. Commissioner WOOD asked at what point in time will traffic studies be done if freestanding emergency departments are allowed. Ms. Easley mentioned a traffic impact study would be required. She also shared a map showing an entrance to the north end of the site and to the west, both of which will stay the same when the Wadsworth project is complete. Commissioner DISNEY asked if the existing businesses on the site will remain. Ms. Easley said this would become a medical campus and so existing businesses would go away. Commissioner DISNEY asked for confirmation about ambulatory service and asked if it is necessary. Ms. Easley confirmed that there will be ambulances used in more serious cases to get patients to a hospital. Casey Guber, CEO and President Rose Medical Center 2875 N Glencoe, Denver Mr. Guber gave a brief presentation and mentioned that freestanding emergency departments are a great safety net for a community because they can treat the life-threatening needs such as a heart attack, stroke, broken bones, etc., and will be open 24/7, 365 days a year. He mentioned the freestanding emergency department will fill the needs of the community, and the ambulatory service is paid for by the freestanding Planning Commission Minutes - 3 – April 17, 2025 emergency department. Mr. Guber added most of the ambulances do not run their sirens to and from the facility. In response to a question for Commissioner GRAEVE, Mr. Casey mentioned the emergency department will be 11,000 square feet containing 11 bays: including one for trauma, one for psychiatric needs, and one female oriented bay. He added there will be full-scale imaging and only a 5-minute wait to see a doctor. Commissioner GRAEVE asked about signage and transparency of fees. Mr. Guber explained there will be multiple signs around the freestanding emergency department that will be discussed with the city and fees will be posted on the website so there are no surprises. Commissioner MOORE inquired if there will be any pediatric care. Mr. Guber said they will be partnering with Rocky Mountain Pediatrics. In response to a question from Commissioner QUINN, Ms. Easley mentioned the requirements for a freestanding emergency department in a Mixed Use-Commercial zone district are a minimum of 5 acres and must have other medical services to create a medical campus. Commissioner Quinn asked why this location for a freestanding emergency department and why not repurposing the old Lutheran campus. Ms. Easley explained that that this will be a conditional use within a mixed use-commercial zone district and this site is better suited to have a mix of residential and commercial surrounding it. Mr. Casey added they had looked at other sites, but wanted to be by two arterial roads and not near neighborhoods. Commissioner HEDGES asked for the build-to requirements to be explained. Mr. Cutler explained that the build-to requirements is having the buildings close to the sidewalk for pedestrian connections into the site and the parking is hidden behind the building. It was moved by Commissioner MOORE and seconded by Commissioner DISNEY to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding freestanding emergency departments. Commissioner WOOD appreciated the conversation and had no concerns. Planning Commission Minutes - 4 – April 17, 2025 Commissioner GRAEVE also appreciated the conversation and understands the appeal for a freestanding emergency department on this site that currently not very appealing. Commissioner HEDGES appreciates the work that has been put into this plan but still not sure if this is the vision of the Wadsworth Boulevard area. Commissioner DISNEY realizes this will be nice for the community and has no concerns about traffic. Motion carried 5-1 with Commissioner HEDGES voting against. B. Case No. ZOA-25-2: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding residential occupancy limits. Mr. Cutler gave a brief presentation regarding the ordinance for occupancy limits. Public Comment No one wished to speak at this time. Commissioner WOOD appreciated the thoroughness of complying with state law and consistent with the City Charter and wondered if there are any changes beyond state law. Mr. Cuter could not think of anything, but it could default to building code if there is anything further. Commissioner GRAEVE asked if there has been an instance when someone has been found in violation. Mr. Cutler mentioned that recently Code Enforcement had recently cited someone under the unrelated individuals not realizing the Charter had been amended. He added it is best practice to codify everything so that all regulations match. Commissioners HEDGES and GRAEVE think this a positive movement and like the staff report. Commissioner WOOD mentioned there is a shortage of housing and hopes this will fill the void. It was moved by Commissioner DISNEY and seconded by Commissioner MOORE to recommend approval of the proposed ordinance amending Planning Commission Minutes - 5 – April 17, 2025 Chapter 26 of the Wheat Ridge Code of Laws regarding residential occupancy limits and making conforming amendments therewith. Motion carried 6-0. C. Case No. ZOA-25-3: An ordinance amending Section 26-646 of the Wheat Ridge Code of Laws regarding Accessory Dwelling Units and making conforming amendments therewith. Mr. Cutler gave a short presentation regarding the resolution. Public Comment No one wished to speak at this time. In response to a question from Commissioner HEDGES, Mr. Cutler confirmed there will be no minimum size to ADUs and the only minimum would be the building code requirements. Commissioner GRAEVE asked for clarification on the minimum size. Mr. Cutler explained that the minimum is a right and someone could elect to go smaller but will also be limited by the house size. Commissioner GRAEVE asked if tiny homes are permitted. Mr. Cutler confirmed that tiny homes are allowed but they must be on permanent foundations. Commissioner GRAEVE asked for clarification on why owner occupancy was a requirement in 2022. Mr. Cutler mentioned that owner occupancy was important to City Council in 2022 to ensure the ADU ordinance would be successful at that time. Commissioner WOOD inquired how many ADUs have been built since 2022. Mr. Cutler said he does not have an exact number, but mentioned ADUs are not proliferating, and it could be due to the water and sanitation tap fees. Commissioner QUINN asked how many people can be on the lot if there is an ADU. Mr. Cutler said that will be based on Building Code (number and size of bedrooms). Planning Commission Minutes - 6 – April 17, 2025 Commissioner QUINN asked how group homes relate to ADUs. Mr. Cutler confirmed that group homes are usually limited to 8 unrelated people and are regulated separately in terms of occupancy. He added a group home setting can have an ADU. It was moved by Commissioner HEDGES and seconded by Commissioner MOORE to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding Accessory Dwelling Units and making conforming amendments therewith. Motion carried 6-0. 7. OLD BUSINESS 8. NEW BUSINESS A. Upcoming Dates Ms. Easley mentioned there will not be a meeting on May 1, but most likely there will be a meeting on May 15. B. Project and Development Updates Ms. Easley mentioned that the Clear Creek Crossing Hampton Inn is close to getting their CO and Primrose Daycare is under construction. She also shared the city map to show the Commissioners what projects are under review, under construction, etc.. Commissioner DISNEY asked about the proposed daycare near 38th and Allison Street and Judy Townhomes. Mr. Cutler said the daycare is under review and the Judy Townhomes developer went bankrupt but there is some renewed interest. C. Commissioner Updates Commissioner WOOD mentioned she is excited to be a part of the Planning Commission and has been a planner for 30 years – half of that in transportation – and has lived in Wheat Ridge for 32 years. Planning Commission Minutes - 7 – April 17, 2025 Commissioner GRAEVE asked about the plan for bike lane on 35th Avenue between Pierce and Sheridan. He also inquired about the construction at Panorama Park. Mr. Cutler thinks the construction is resurfacing of tennis courts and parking lot. Commissioner MOORE mentioned he had the opportunity to meet the owner of Gastown, and added he is a very nice gentleman, and they are hoping to open on Memorial Day weekend. Commissioner HEDGES appreciate local government and what is being done in the city. Commissioner QUINN mentioned that he attended a town hall meeting and had great conversation with Kory Stites. 10. ADJOURNMENT It was moved by Commissioner GRAEVE and seconded by Commissioner HEDGES to adjourn the meeting at 8:09 p.m. Motion approved 6-0. __________________________ _______________________________ Dan Quinn, Chair Tammy Odean, Recording Secretary City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2819 F: 303.234.5924 Rev August 16, 2021 HOW TO PARTICIPATE IN PUBLIC MEETINGS In March 2020, to help control the spread of the COVID-19 virus, the City of Wheat Ridge began conducting virtual meetings for City Council, Planning Commission and other boards. Virtual meetings encourage public participation as usual while also keeping the community, elected officials, staff and residents safe while continuing to conduct important City business. Starting in June 2021, the City returned to in-person public meetings and also retained the option for virtual public participation. The City will continue using this hybrid meeting format for the City Council and Planning Commission; this means that public meetings will continue to be virtually accessible and will also be held in-person if allowed by public health guidelines on the respective meeting date. This guide describes the various ways in which the public may participate in public meetings. 1. 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CASE NUMBER: ZOA-25-4 DATE: May 12, 2025 PLANNING COMMISSION STAFF REPORT AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONERNING MULTI-UNIT RESIDENTIAL PARKING REQUIREMENTS AND MAKING CONFORMING AMENDMENTS THEREWITH ☒PUBLIC HEARING ☐QUASI-JUDICIAL ☒LEGISLATIVE ☒RECOMMENDATION TO CITY COUNCIL ☐FINAL ACTION BY PLANNING COMMISSION ENTER INTO RECORD: ☒CASE FILE AND PACKET MATERIALS ☐ZONING ORDINANCE ☐COMPREHENSIVE PLAN ☐DIGITAL PRESENTATION ACTION REQUESTED: The item under consideration is to amend Chapter 26 of the Wheat Ridge Code of Laws to update parking requirements for multi-unit residential uses to comply with state legislation and recent policy direction from City Council. Conforming amendments are required to update definitions and terms related to residential uses. The draft proposed ordinance is attached. Notice for this public hearing was provided pursuant to the Code of Laws. BACKGROUND: The City Council discussed the proposed code amendment at their March 17, 2025, study session and directed staff to proceed with preparing an ordinance for consideration. The ordinance was prepared by the Planning Division and is currently under review by the City Attorney. The State of Colorado Legislature passed several bills in the 2024 Legislative Session related to land use and housing. House Bill (HB) 24-1304, titled “Minimum Parking Requirements”, prohibits municipalities from enacting and enforcing minimum off-street parking requirements for multi-unit residential developments within applicable Transit Service Areas. The prohibition on requiring parking applies to all new multi-unit Planning Commission Staff Report – Multi-Unit Parking Updates May 12, 2025 Page 2 development and to adaptive re-use of existing buildings for multi-unit residential purposes. The bill does not prevent developers from providing parking, it just prevents municipalities from requiring a minimum quantity of parking. It also does not change anything related to ADA-accessible parking requirements, bicycle parking requirements, loading requirements, or affordable housing funding requirements. The bill takes effect on June 30, 2025. Discussion Although removing parking requirements for multi-unit residential may be perceived as a big change, staff believe there will be a limited impact on Wheat Ridge due to market forces. Parking is often necessary to make a project successful, and providing some parking reduces risk for developers. Parking is market-driven, and developers are best equipped to know what ratio of parking needs to be provided to attract tenants or buyers. Suburban developments will naturally provide more parking per unit than urban developments, as it is more likely that residents will own cars and need to drive. The city can still require ADA parking and bicycle parking to ensure site access and accessibility are maintained. The bill allows municipalities the discretion to define “multi-unit residential”, within reason and for the purpose of implementing this state law. Staff’s interpretation of the legislation and intent is that this applies to typical apartment or condominium developments, but not townhouses. In some places in the municipal code, townhouses are referred to as “single-unit attached” as they are separately owned on individual lots (fee-simple), function as single-unit homes with a shared wall, and are constructed under single unit residential building codes. In other places in the code, they are lumped in under the broader category of multi-unit residential. Because the bill does not dictate how exactly to define multi-unit for the purpose of the parking rules, the ordinance updates the code to consistently reference townhouses as single-unit attached and retain parking requirements for townhouses. The applicable Transit Service Areas (where requiring minimum parking for multi-unit residential is not allowed) cover a large portion of Wheat Ridge and are defined as any area within one-quarter mile of a transit line with greater than 30-minute frequencies; these are determined by the state’s Department of Local Affairs (DOLA). Nearly all areas eligible for multi-unit residential fall within the Transit Service Areas boundaries; these are areas zoned R-3, MU-N, and MU-C which allow multi-unit residential as a use-by- right. Given this overlap, City Council gave direction to exempt all multi-unit residential from the parking requirements rather than apply separate rules for areas inside and outside the Transit Service Areas, since areas outside of those zones are highly unlikely to be rezoned for multi-unit residential uses due to the distance from major corridors or location within low-density neighborhoods. Planning Commission Staff Report – Multi-Unit Parking Updates May 12, 2025 Page 3 Summary of Proposed Code Amendment The ordinance makes the following changes: • Updates parking requirements tables in Section 26-501 (Table 6), 26-1109.B, and 26-1407.F (Table 3) to remove parking minimums for multi-unit residential, while retaining parking requirements for townhouses. • Updates definitions of multi-unit dwelling (apartment or condominium) and single-attached dwelling (townhouse or row house) to distinguish one from the other. • Updates development standard charts and use charts to include terms for both multi-unit and single-attached dwellings, as applicable. • Conforming amendments: o Updates Planned Development regulations to eliminate parking minimums for new multi-unit residential. o Clarifies parking requirements for other residential uses, without making actual modifications, including retaining guest parking requirements for townhouse developments. o Clarifies that ADA parking requirements for multi-unit uses are based on the number of provided parking spaces. o Updates EV parking requirements for multi-unit residential to be based on the number of provided spaces and caps the number of required EV spaces so ratios remain similar to previous requirements. o Updates the residential parking requirements referencing RV parking at multi-unit sites and removes a duplicate code section. o Removes a parking reduction allowance for TOD-adjacent multi-unit residential buildings since no parking is required. RECOMMENDED MOTION: “I move to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning multi-unit residential parking requirements and making conforming amendments therewith.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Planning Commission Staff Report – Multi-Unit Parking Updates May 12, 2025 Page 4 EXHIBITS: 1. Draft Ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2025 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING MULTI-UNIT RESIDENTIAL PARKING REQUIREMENTS AND MAKING CONFORMING AMENDMENTS THEREWITH WHEREAS, the City of Wheat Ridge (“City”) is a Colorado home rule municipality operating under a Charter approved by the electorate pursuant to Article XX of the Colorado Constitution and governed by its elected City Council (“Council”); and WHEREAS, the Council has authority pursuant to the Home Rule Charter and C.R.S. §31-16-101, et seq. to adopt and enforce all ordinances; and WHEREAS, the State of Colorado adopted House Bill 24-1304 which requires local governments to remove parking requirements for multi-unit residential uses within applicable transit corridors, effective June 30, 2025; and WHEREAS, the Council recognizes that from time to time the zoning Code needs to be updated to include modern terminology, updated cross-references, remove conflicts within the Code, and provide clarity to city staff and the public; and WHEREAS, city staff have recommended certain amendments to the parking regulations within the Code based on best practices and experience regulating parking requirements and to better align the Code with the state legislation and market realities; and WHEREAS, neither the state legislation nor this ordinance precludes the city from allowing parking, including allowing parking to meet any affordable housing funding requirement; and WHEREAS, the Council finds that these amendments are necessary to conform the Code of Laws to the state legislation and to ensure the continued effective regulation of parking for multi-unit residential uses within the City of Wheat Ridge. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: DR A F T Section 1. Section 26-117.D of the Wheat Ridge Code of Laws, regulating consolidation of lots for multi-unit development, is hereby amended as follows: D. Lots or parcels of land which are included in the Residential-3 (R-3) or Residential-3A (R-3A) zones and which are individually substandard for multi-unit or single-unit attached development, but which would meet the lot size and width requirement for single-unit or two-unit development, shall not be consolidated for the purpose of multi-unit or single-unit attached residential development unless the predominant adjacent land use is multi-unit or single- unit attached development of a similar density. Section 2. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code, is hereby amended as follows: Dwelling, live/work. A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant, in compliance with the applicable building code definition and regulations of live/work. Dwelling, multiplemulti-unit. 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. A building containing three (3) or more dwelling units where each unit is attached to the other units. Also referred to as a condominium or apartment. Dwelling, single-attached. A type of multi-unit dwelling that includes tThree (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, townhomestownhouses with individual exterior entrances. Also referred to as single-unit attached, townhouse, or row house. Section 3. The “Table of Uses - Residential” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended as follows: Uses Notes R-1 R-1A R-1B R-1C R-2 R-2A R-3 R-3A Single detached dwelling P P P P P P P P Duplex dwelling P P P P Three-unit dwelling P P P Four-unit dwelling Multi- unit dwelling or single- attached dwelling (up to 4 units) P P P DR A F T Multi-unit dwelling or single-attached dwelling P P Section 4. Section 26-210.B (Residential-Two A District (R-2A)) of the Wheat Ridge Code of Laws is amended by clarifying the multi-unit dwelling category and an associated footnote to include single attached dwellings: B. Development standards: Maximum Height (i) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60’ 25’ (d) 5' (d) 10' Duplex dwelling 35' 40% 9,000 sf 75' 25’ (d) 5' per story 10' Multi-unit dwelling, or single attached dwelling (3/more dwelling units) (h) 35' 40% 13,050 sf (e) 100' 25’ (d) 5' per story 10' for one or two story buildings; 15' for three story Group home 35' 40% 9,000 sf 75' 25’ (d) 5' per story 10' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ (d) 15' (f) 20' Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25’ (d) 5' 5' if <= 10’ in height; 10' if > 10’ in height Minor 10' 400 sf/4 d.u. N/A N/A 25’ (d) 5' 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less (j) N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height All Other Uses 35' 40% 9,000 sf 75' 25’ (d) 5' 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For Corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (d) Front setbacks for one-or two-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may DR A F T be reduced to ten (10) feet for those portions of lots which abut a cul -de-sac bulb. (See Figure 26-123.3.) (e) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multi-unit or single-unit attached buildings. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. (h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all standards of this section. See section 26-411.C regarding the required plat note for townhouse lots. (i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (j) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. […] Section 5. Section 26-211.B (Residential-Three District (R-3)) of the Wheat Ridge Code of Laws is amended by clarifying the multi-unit dwelling category and an associated footnote to include single attached dwellings: B. Development standards: Maximum Height (i) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (d) Minimum Rear Yard Setback (d) Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25’ (e) 5' 10' Duplex dwelling 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10' Multi-unit dwelling, or single attached dwelling (3/more dwelling units) (h) 35' 40% 12,500 sf (f) 100' 25’ (e) 15' (c) 15' (c) Group home 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ (e) 15' (c) 20' Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25’ (e) 5' 5' if <= 10’ in height; 10' if > 10’ in height Minor 10' 400 sf/4 d.u. N/A N/A 25’ (e) 5' 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height DR A F T Maximum Height (i) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (d) Minimum Rear Yard Setback (d) whichever is less (j) All Other Uses 35' 40% 7,500 sf 60' 25’ (e) 5’ per story 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty -five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (e) Front setbacks for one-or two-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (f) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multi-unit or single-unit attached buildings. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. (h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi -unit townhouse building meets all standards of this section. See section 26-411.C regarding the required plat note for townhouse lots. (i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (j) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. […] Section 6. Section 26-212.B (Residential-Three A District (R-3 A)) of the Wheat Ridge Code of Laws is amended by clarifying the multi-unit dwelling category and an associated footnote to include single attached dwellings: B. Development standards: Maximum Height (i) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (d) Minimum Rear Yard Setback (d) Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25’ (e) 5' 10' Duplex dwelling 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10' Multi-unit dwelling, or single attached dwelling (3/more dwelling units) (h) 35' 40% 12,500 sf (f) 100' 25’ (e) 15' (c) 15' (c) Group home 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10' DR A F T Maximum Height (i) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (d) Minimum Rear Yard Setback (d) Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ 15' (c) 20' Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25’ (e) 5' 5' if <= 10’ in height; 10' if > 10’ in height Minor 10' 400 sf/4 d.u. N/A N/A 25’ (e) 5' 5' Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less (j) N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height All Other Uses 35' 40% 7,500 sf 60' 25’ (e) 5’ per story 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (e) Front setbacks for one-or two-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul -de-sac bulb. (See Figure 26-123.3.) (f) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multi-unit or single-unit attached buildings. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. (h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all standards of this section. See section 26-411.C regarding the required plat note for townhouse lots. (i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (j) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. […] Section 7. Section 26-312.E of the Wheat Ridge Code of Laws, concerning parking requirements for planned residential development (PRD) districts, is hereby amended as follows. DR A F T E. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. New development within an existing planned development shall comply with current requirements for minimum EV parking requirements. To the extent the requirements of a planned development conflict with EV requirements, the EV requirements shall control. New multi-unit residential development within an existing planned development shall comply with current parking requirements in the code for multi-unit residential, not the requirements shown on the recorded planned development documents. Section 8. Section 26-316.G of the Wheat Ridge Code of Laws, concerning parking requirements for planned mixed use development (PMUD) districts, is hereby amended as follows. G. Parking. In accordance with section 26-1109 or 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. New development within an existing planned development shall comply with current requirements for minimum EV parking requirements. To the extent the requirements of a planned development conflict with EV requirements, the EV requirements shall control. New multi-unit residential development within an existing planned development shall comply with current parking requirements in the code for multi -unit residential, not the requirements shown on the recorded planned development documents. Section 9. Section 26-501.E.2 (Table 6) of the Wheat Ridge Code of Laws, the Schedule of Required Off-Street Parking, is hereby amended as follows: Boarding and rooming house 1 space per guest room … Congregate care center 0.75 space per each bedroom plus 1 space for each employee on maximum shift … Multi-unit elderly housing, exclusively devoted for persons 60 years or older 1.25 spaces for each 1 bedroom unit 1.5 spaces per 2 bedroom unit if parcel is 1 acre or larger, or 1.75 spaces per 2 bedroom unit if parcel is less than 1 acre; 2.0 spaces per 3 bedroom unit; 2.5 spaces per 4 or more bedroom unit DR A F T Multi-unit residential None.1.5 spaces per 1 bedroom unit (0.75 spaces if deed-restricted affordable unit) 2.0 spaces per 2 or 3 bedroom unit (1 space if deed-restricted affordable unit) 2.5 spaces per 4 or more bedroom unit (1.25 spaces if deed-restricted affordable unit) Plus 1 additional space for each 10 spaces shall be required as designated visitor parking. Such visitor parking shall not be used by residents for personal parking nor for storage of utility or recreation vehicles. … New single-unit attached dwellings: 1 space per unit. The community development director shall have the authority to request that additional on-site visitor parking or loading areas be provided if there are no on-street parking spaces abutting the use or if the parking is predominately provided in private garages. New single- and two-unit dwellings: -With street parking 2 spaces per dwelling unit (including enclosed garage spaces) -Without street parking 4 spaces per dwelling unit (including enclosed garage spaces) … Residential group homes for up to 14 persons, plus staff Single-unit dwelling requirement plus 1 space per employee on maximum shift Section 10. Section 26-501.E.9 (Table 8) of the Wheat Ridge Code of Laws, Accessible Parking requirements, is hereby updated as follows by the addition of a footnote: TABLE 8: Accessible Parking Total Number of Off-Street Spaces Required1 Number of Accessible Spaces 1-25 1 26-50 2 … >1,000 20 plus 1 for each 100 over 100 Footnotes: DR A F T 1. For multi-unit residential uses, the number of ADA spaces shall be based on the number of provided parking spaces instead of the number of required spaces. 2. The number of ADA parking spaces required by this table shall be verified against the applicable adopted building codes and federal ADA regulations. Section 11. Section 26-501.E.13 (Table 12) of the Wheat Ridge Code of Laws, EVCS Requirements, is hereby updated as follows: TABLE 12: EVCS Requirements Building Code Category EV Capable EV Ready EVCS Installed EV Capable EV Capable Light Single-unit, duplex, and single-unit attached (townhome) None None 1 per unit1 None Multi-unit residential3 10% 30% 15% 5% Multi-unit residential, 10 or fewer total parking spaces required provided3 10% 10% 15% None Commercial and institutional 10% 10% 8% 2% Commercial and institutional with 10 or fewer total parking spaces required None None 2 spaces None Industrial2 None 5% None 2% Footnotes: 1. For any dwelling unit with a dedicated attached or detached garage or other on-site designated parking provided for the dwelling unit. 2. Exclusive of warehouse and distribution space for which there is no requirement. 3. EV parking for multi-unit residential is based on the number of provided spaces, not the number of required spaces. If the number of provided parking spaces exceeds the total unit count, then EV parking shall not be required for those additional parking spaces. since no parking is required for multi-unit residential uses. Section 12. Section 26-501.G of the Wheat Ridge Code of Laws, concerning parking regulations for recreational vehicles and trailers, is hereby updated as follows: G. Residential parking. 1. … DR A F T 2. … 3. Location of recreational vehicles and trailers. a. … … d. Miscellaneous recreational vehicle and trailer regulations. i. … ii. … iii. Parking of recreational vehicles and trailers on multi-unit dwelling property. The storage of recreational vehicles or trailers is permitted upon multi-unit dwelling residential properties where the owner of the vehicle resides upon the premises, and where such vehicle or vehicles do not displace parking spaces required accessible parking spaces or loading areasto meet the minimum vehicular parking requirement for the property as set forth herein for multi-unit residential land uses. 4. Variances to residential parking standards. Any vehicle or trailer owner may apply for a variance to the restrictions contained in subsections 2.a, 3.a. and 3.b in accordance with the procedures for requesting a minoradministrative variance as provided in subsection 26-115.C.1, whether or not the requested variance is within the ten (10)fifty (50) percent limitation. Should objections be received from the adjacent property owners, the community development director shall schedule the request for a public hearing before the board of adjustment according to the noticing procedures contained in subsections 26-109.B, C and D. Any variance granted by either the community development director or the board of adjustment shall be a grant of the variance to the property owner only. Section 13. Section 26-621 of the Wheat Ridge Code of Laws is hereby repealed and the section number reserved. Section 14. Section 26-626 of the Wheat Ridge Code of Laws, concerning residential uses in commercial zones, is hereby amended as follows: D. Parking shall be supplied at the rate of one (1) space per dwelling unit, except that minimum parking is not required for multi-unit dwellings. Section 15. Section 26-1109.B of the Wheat Ridge Code of Laws, the table regulating parking requirements for mixed use zone districts, is hereby amended as DR A F T follows by adding a new use group in the appropriate alphabetical location within the table and modifying existing use groups: Use Group Minimum Required Parking Maximum Allowed Parking Residential (single-unit detached, duplex, or single-unit attached) 1 space per unit 2.5 spaces per unit Residential, deed-restricted affordable (if single-unit detached, duplex, or single-unit attached) 0.5 spaces per unit or 0.25 spaces per unit if within ¼ mile of a fixed guideway transit station or bus rapid transit 2.5 spaces per unit Residential, multi-unit (including deed-restricted affordable) None. 2.5 spaces per unit Section 16. Section 26-1109.F of the Wheat Ridge Code of Laws, concerning transit parking reductions in mixed use zones, is hereby amended as follows: F. Transit parking reductions. Properties within the MU-C TOD sub-district may reduce minimum parking requirements by twenty (20) percent. This reduction shall not apply to deed-restricted affordable dwelling units governed by subsection B above. Section 17. Section 26-1109.K of the Wheat Ridge Code of Laws, concerning visitor parking requirements, is hereby amended as follows: K. The community development director shall have authority to request that on- site visitor parking or loading areas be provided for single-unit attached uses if there are no on-street parking spaces abutting the use or if the parking is predominantly provided in private garages. Section 18. Section 26-1119 of the Wheat Ridge Code of Laws, concerning definitions for mixed-use zone districts, is hereby amended as follows by removing definitions related to dwelling units: Dwelling, duplex. A building containing two (2) separate primary dwelling units attached by one (1) or more common walls in either a stacked configuration or side-by- side configuration. Also referred to as two-unit dwelling. Dwelling, live/work. A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant, in compliance with the applicable building code definition and regulations of live/work. DR A F T Dwelling, multiple. Three (3) or more dwelling units where each unit is attached to other units, where habitable spaces are arranged in a stacked configuration, and where a building includes a common public entrance but interior entrances to each unit. 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. Dwelling, single detached. A single dwelling unit in a single building not attached to other buildings other than those accessory to the dwelling. Also referred to as single- unit dwelling. Section 19. Section 26-1407.F of the Wheat Ridge Code of Laws, Table 3, regulating parking requirements for the MU-LLC zone district, is hereby amended as follows by adding a new use group in the appropriate alphabetical location within the table and modifying existing use groups: Table 3: Parking Requirements Use Group Minimum Required Parking Maximum Allowed Parking Residential (if single-unit detached, duplex, or single-unit attached) 1 space per unit 2.5 spaces per unit Residential, deed-restricted affordable (if single-unit detached, duplex, or single-unit attached) 0.5 spaces per unit or 0.25 spaces per unit if within ¼ mile of a fixed guideway transit station or bus rapid transit 2 spaces per unit Residential, multi-unit (including deed-restricted affordable) None. 2.5 spaces per unit Section 20. Section 26-1407.M of the Wheat Ridge Code of Laws, concerning visitor parking requirements, is hereby amended as follows: M. The community development director shall have authority to request that on- site visitor parking or loading areas be provided if there are no on-street parking spaces abutting the use or if the parking is predominantly provided in private garages, except for multi-unit residential uses. Visitor parking shall be provided throughout the campus. Section 21. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare DR A F T of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 22. 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 23. Effective Date. This Ordinance shall take immediately after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 9th day of June 2025, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for June 23, 2025 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this __ day of ____, 2025. SIGNED by the Mayor on this _____ day of ____________, 2025. _______________________________ Bud Starker, Mayor ATTEST: _______________________________ Margy Greer, Senior Deputy City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: XXXX, 2025 Second Publication: XXXX, 2025 Effective Date: June 23, 2025 Jeffco Transcript and www.ci.wheatridge.co.us DR A F T CASE NUMBER: ZOA-25-5 DATE: May 12, 2025 PLANNING COMMISSION STAFF REPORT AN ORDINANCE AMENDING SECTION 26-502 OF THE WHEAT RIDGE CODE OF LAWS CONCERING PROCEDURAL UPDATES TO LANDSCAPING REQUIREMENTS. ☒PUBLIC HEARING ☐QUASI-JUDICIAL ☒LEGISLATIVE ☒RECOMMENDATION TO CITY COUNCIL ☐FINAL ACTION BY PLANNING COMMISSION ENTER INTO RECORD: ☒CASE FILE AND PACKET MATERIALS ☐ZONING ORDINANCE ☐COMPREHENSIVE PLAN ☐DIGITAL PRESENTATION ACTION REQUESTED: The item under consideration is to amend Section 26-502 of the Wheat Ridge Code of Laws to update landscaping requirements to correct minor discrepancies in the city’s regulations and to codify a policy related to calculating maximum allowable limits of irrigated turf and non-living materials. The draft proposed ordinance is attached. Notice for this public hearing was provided pursuant to the Code of Laws. BACKGROUND: The City Council discussed the proposed code amendment at their March 17, 2025 study session. The ordinance was prepared by the Planning Division. The city’s landscaping regulations were updated in August 2024 which included a full repeal and reenactment of Section 26-502 (Landscaping, buffering, and open space). This ordinance was also called the “Waterwise ordinance” and some regulations within the ordinance were created to address the state’s regulations regarding nonfunctional turf and limits on artificial turf from Senate Bill (SB) 24-005, which takes effect January 1, 2026. Upon approval of the Waterwise ordinance, staff noticed that there were some minor discrepancies between the city’s regulations, the state regulations, and different Planning Commission Staff Report – Landscaping Procedural Updates May 12, 2025 Page 2 chapters of the code. These discrepancies were largely addressed in the MU-LLC regulations ordinance approved by City Council in January 2025, which included conforming amendments to clarify the locations where artificial turf is permitted. However, these conforming amendments did not make updates to Section 26-502. Additionally, the Waterwise ordinance did not explicitly state how the maximum allowable limits for irrigated turf and non-living materials/features shall be applied to landscaping provided in excess of the required minimums. To provide for consistent application of maximum allowable requirements, staff adopted an administrative policy, which is best practice to codify. The stated maximum allowances for irrigated turf and/or non-living material shall be applied to the total landscaping provided, whether at the minimum or in excess of the minimum area requirements. Not only will this maintain the intent of reducing or minimizing outdoor water use in the landscape and maintain an appropriate level of landscape coverage, it will also simplify the inspection and enforcement processes for staff. Summary of Proposed Code Amendment The ordinance makes the following changes: • Updates 26-502.E (Table 3) to add a footnote describing how the maximum percentages are applied. • Updates 26-502.E.2 to align the artificial turf requirements with the mixed-use code and Lutheran code. • Adds the term “single-unit attached” to clarify when regulations apply to townhouse development. RECOMMENDED MOTION: “I move to recommend approval of the proposed ordinance amending Section 26-502 of the Wheat Ridge Code of Laws concerning procedural updates to landscaping requirements.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director EXHIBITS: 1. Draft Ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2025 TITLE: AN ORDINANCE AMENDING SECTION 26-502 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PROCEDURAL UPDATES TO LANDSCAPING REQUIREMENTS. WHEREAS, the City of Wheat Ridge (“City”) is a Colorado home rule municipality operating under a Charter approved by the electorate pursuant to Article XX of the Colorado Constitution and governed by its elected City Council (“Council”); and WHEREAS, the Council has authority pursuant to the Home Rule Charter and C.R.S. §31-16-101, et seq. to adopt and enforce all ordinances; and WHEREAS, pursuant to this authority, the Council previously adopted revised regulations for landscaping requirements by repealing and replacing Section 26-502 of the Code of Laws in August 2024; and WHEREAS, city staff have recommended a minor procedural amendment to the landscaping regulations based on experience administering the new Section 26-502 over the past several months; and WHEREAS, minor discrepancies were discovered in the Code related to regulation of permissible locations and quantities of artificial turf, which also conflict with state legislation regarding artificial turf; and WHEREAS, the Council recognizes that from time to time the zoning Code needs to remove conflicts within the Code and to provide clarity to 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.E (Table 3) is hereby amended as follows to add a footnote (d) related to maximum percentages of irrigated turf and non-living materials and to clarify that multi-unit residential uses include single-unit attached dwellings. DR A F T Section 2. Section 26-502.E of the Wheat Ridge Code of Laws concerning artificial turf requirements is hereby amended as follows to align this section with other portions of the Code and applicable state law. E. Landscape requirements by use. … … Table 3. Landscape Requirements by Use Minimum Required Landscape Area Trees within front setback(a) On-site trees and shrubs(b) Maximum Irrigated Turf(d) Maximum Non-living Material & Features(d) Residential Uses (All Zone Districts except Mixed-Use) (c) Single Detached and Duplex Uses 25% of the gross lot area and 100% of the front yard 1 shade tree per 70 linear feet of street frontage, to be placed within the front setback N/A 50% 2/3 of the front yard Multi-Unit Residential Uses and Single-Unit Attached Uses 30% of total lot area; 100% of front yard, excepting pedestrian and vehicular access 1 tree per 30 feet of street frontage 1 tree and 10 shrubs per 1,000 SF of required landscape area 30% 50% Nonresidential Uses Zoned Commercial 20% of gross lot area 1 tree per 30 feet of street frontage 1 tree and 10 shrubs per 1,000 SF of required landscape area 30% 50% Zoned Industrial 15% of gross lot area All Other Zone Districts 20% of gross lot area Zoned Mixed Use(c) See Article XI, or Article XIV for MU-LLC Notes: (a) Trees provided in the building front setback shall not replace any requirements for street trees established in the Streetscape Design Manual. Where a build-to is required pursuant to the Architectural and Site Design Manual, trees within the front setback are not required. (b) In addition to trees required within the front setback, on -site trees and shrubs shall be provided. (c) The landscape requirements of this table do not apply to mixed -use zones. Refer to section 26-1110, or section 26- 1409 for MU-LLC. (d) The stated maximum percentages shall be applied to the total landscaping provided, whether the total landscaping provided is at the minimum or in excess of the minimum area requirements. DR A F T 2. Multi-unit residential, single-attached residential, and nonresidential uses: … g. Artificial turf. i. Artificial turf is permitted in limited circumstances, as follows: a) Sport and play areas specifically designed for athletic purposes including but not limited to athletic fields of play, 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 four hundred (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 towards non-living landscape area.The only use of artificial turf that qualifies as landscape materials (non-living) is for athletic fields of play. Other uses of artificial turf, including playgrounds, gaming areas, and dog runs, shall not qualify as landscaping. ii. Artificial turf is prohibited in the following locations: a) Required landscape buffer areas. b) Areas owned and/or maintained by owners’ associations, except where used for athletic fields of playpurposes. c) On commercial, industrial, and institutional properties, except where used for athletic fields of playpurposes. Section 3. Section 26-501.F of the Wheat Ridge Code of Laws, concerning process for review of landscaping plans, is hereby updated to clarify when a landscape plan is required. F. Process. 1. Landscape plan. A landscape plan shall be submitted with the required development plan or building permit for (1) all single-unit detached or duplex residential development with common area tracts or easements; DR A F T (2) all multi-unit and single-unit attached residential development; and (3) all nonresidential development. The plan shall include: … Section 4. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. 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 6. Effective Date. This Ordinance shall take effect immediately after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 9th day of June 2025, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for June 15, 2025 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this __ day of ____, 2025. SIGNED by the Mayor on this _____ day of ____________, 2025. _______________________________ Bud Starker, Mayor ATTEST: _______________________________ Margy Greer, Senior Deputy City Clerk Approved as to Form DR A F T _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Effective Date: Jeffco Transcript and www.ci.wheatridge.co.us DR A F T