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HomeMy WebLinkAboutOrdinance 1825 - Landscape Requirements CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DOZEMAN Council Bill No. 12 Ordinance No. 1825 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 finds this ordinance is necessary to remove the identified conflicts 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 to add a new footnote (d), to read: Section 2. Subsection 26-502.E.2 of the Wheat Ridge Code of Laws concerning artificial turf requirements is hereby amended to read: E. Landscape requirements by use. … … 2. Multi-unit residential, single-attached residential, and nonresidential uses: 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. … 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. Subsection 26-501.F.1 of the Wheat Ridge Code of Laws, concerning process for review of landscaping plans, is hereby amended to read: 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; (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 8 to 0 on this 9th day of June 2025, ordered published by title in a newspaper 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 7 to 0, this 23rd day of June 2025. SIGNED by the Mayor on this 24th day of June 2025. _______________________________ Bud Starker, Mayor ATTEST: _____________________________________ Margy Greer, Senior Deputy City Clerk Approved as to Form: ____________________________ Gerald E. Dahl, City Attorney First Publication: June 10, 2025 Second Publication: June 24, 2025 Effective Date: June 23, 2025 Jeffco Transcript and www.ci.wheatridge.co.us