HomeMy WebLinkAboutOrdinance-1987-0707INTRODUCED BY COUNCTL"Ir-MBER WORT" .
Ordinance No. 707
Series of 1986
TITLE: AN ORDINANCE AMENDING VARIOUS SUBSECTIONS OF SECTION 27.2
07 APPENDIX A, ZONING ORDINANCE, OF TIIE CODE OF LAFIS OF
THE CITY OF ?::EAT RIDGE, RELATING TO LANDSCAPING
REOUTRFMZ11TS.
BE IT ORDAINED BY THE CITY COUNCIL OF T1IE CITY OF ?1:IEAT
RIDGE, COLORADO:
Section 1. Section 27.2 of Appendi,; A, Zoning Ordinance of the
Code of Laws of the City of Wheat Ridge is hereby repealed and
is reenacted as follows:
SECTION 27.2 LA:IDSCAPING REQUIREMENTS.
A. Definition.
Landscapin,: Any combination of living plants such as trees,
shrubs, vines, ground cover, 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 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 ma n 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
non-liv_ng landscape features.
B. Landscape Plan.
A landscape plan is required to be submitted with the required
building permit or development plan for all institutional,
multifamily, commercial and industrial development,
redevelopzient, addition or change in use. Said plan shall be
approved by the Director of Community Development in conjunction
with the City Arborist. The following information shall be
included _n the plan:
1. 'forth point and scale (scale not to exceed 1" = 40'
w;.th 1" = 20' desirable);
2. Toporaphic contours and spot elevations on final
grading plan adequate to identify and property specify
landscaping for area needing slope protection;
3. The location, size, surface materials and color of all
structure(s), parking areas, storm detention areas and
othe - man -made e lements;
4. The location, type and size of sajoi e:;isting plant
materials;
5. 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;
6. Location and type of the irrigation system provided.
C. Landscape Area Requrremer.tj.
1 Any comb-nation of two or more of the following:
,,rays, flowers, shrubbery, deciduous and coniferous
tees, which shall be iaintained in an orderly manner,
and, .n addition, any coy.ibinatl.on o; h k, roc':,
nonliving greenery, or ornamental object not e.cceedtn-;
twenty percent(20%) of the landscaping area may be
used. In the event the nonliving area is to exceed
twenty percent (200), approval must be obtained from
the Planning Commission. In no event shall the
nonliving landscaped area exceed 50's of the total
landscaped area. The intent of this definition is not
to waive any landscaping requirements, but to allow
flexibility of well-designed landscaped areas of
living and nonliving material. Coverage shall be
determined for the projected growth after two full
growing seasons.
2. If the lot area used for parking is placed between the
public right-of-way and the structure(s), a screening
of the parsing area shall be established between the
right-of-way and the parking area. This view
obscuring, screen shall be at least 36 inches but not
to exceed 42 inches high and may be composed of live
planting, berms, or artificial structures as approved
by the Planning Division.
3. On corner lots, the growth of any plantings, or the
erection of any structure over 42 inches above the
level of the roadway or street wh.:ch obstructs the
view of traffic shall not be permitted within the
triangle measured from the point of intersection of
the lot lines abutting the streets a distance of
twenty-five (25) feet along each such lot line on
local streets, and fifty-five (55) feet along each
such lot line on collector and arterial streets.
Street trees which are trimmed to a he ght of seven
(7) feet, may be permitted within this area provided
they do not constitute an obstruction. The same shall
apply to the intersection of driveways and public
streets, except that the sight distance triangle may
be reduced to fifteen (15) feet. One and two family
dwellings shall be exempt from application of the
fifteen (15) foot driveway sight distance trainagle
requirement.
4. Except for approved street trees, the landscaping
required on the right-of-way between the property line
and the curb line shall not be permitted to obtain a
height greater than 42 inches above the level of the
roadway.
5. Landscaping- shall be installed only on the property or
portion of property to be developed or for which a
building permit is applied. For properties with
exictinb developnent, landscaping in addition to
existing landscaping shall be required on a percentage
basis determined either according to square footage
added, remodeled, or 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 Un;form Buiidins Code valuation
tables. In cases where lot development character
makes it impossible to meet the percentage
requirements for any particular yard due to iocat_on
of structures of required parking. The Planning
Director may approve a transfer of the requirements of
affected areas to other areas within the site, and
shall have the authority to grant waive;-s not to
exceed ten (10%) per cent of the requirements,
provided, however, that the general intent of the
Landscape Section is met. The Planning Commission may
approve requests for waivers of landscaping in excess
of ten (10%) per cent where an applicant can show that
the property in question cannot yield a reasonable
return in use, service or income, and/or that the
particular physical sur,oundin„s, shape or
topog:aphical condition of the property involved is
such that compliance with the Landscaping requirements
would be an unusual hardship ns distinOuished from a
mere inconvenience.
5. In all districts, any area of tite lot not covered by
building, parking, walkways, storage or display area,
must be landscaped.
D. District Requirements.
1. S ngle and two-family residential uses:
(a) One street tree per 70 feet ( or portion thereof) of
street frontage to be placed within the front setback
prior to issuance of the Certificate of Occupancy.
This should not be construed to mean trees placed 70
feet on center.
2. Multifamily Residential Uses:
(a) Required within the minimum building setbacks
abutting public right-of-way, one tree, deciduous or
evergreen, for every thirty (30) feet (or portion
thereof) of street frontage. This should not be
construed to mean trees placed thirty (30) feet on
center.
(b) In addition to trees required based upon public street
frontage, one tree or shrub is required for every 1000
square feet of lot area.
3. `?on-Residential Uses:
(a) Required within the minimum building setbacks abutting
public rights-of-way, one tree, deciduous or
ever.freen, foi every thirty (30) feet (or portion
thereof) of street frontage. This should not be
construed to mean trees placed thirty (30) feet on
center.
(b) In addition to trees required based upon public street
frontage, one tree or shrub is required for every 1000
square feet of lot area.
(c) A 12 foot landscaped buffer area is required where
adjacent to a residentially zoned lot. This may be
used to satisfy other landscaping requirements.
(d) Required landscaped areas shall be as follows:
(1) Landscaping shall not be less than ten percent
(10) of the gross lot area. An area of not
Wore than three (3) feet of street right-of-way
may be included in calculating the mini:num 10%
requirement if intended to be landscaped.
(2) ldothtnz, contained in this section shall
prohibit any land owner from landscaping in
excess of the ;minimum requirements stated herein.
(e) On any nonresidential property abuttin- 44th Avenue,
33th Avenue, "lip iing Street, Wad -,worth Boulevard,
Youngfieid Street, Tla-d Road, Sheridan Boulevard, or
I-70 Frontage Roads, a landscaped area measured 10
feet from the edge of the right-of-way is required for
the entire len,th of the property abutting these
roadways, e.:cept for curb cuts. This area may be used
to meet the other area requirements.
E.
Plantings.
1. Minimum size of plant and other materials:
(a) Deciduous trees - two inch (2") caliper, measured one
foot (1') above the ground. Trees with a caliper in
excess of 5 inches may be counted as 2 trees. Trees
with a caliper in excess of 10 inches may be counted
as 3 trees. Where clumps of aspen or similar
varieties are proposed, each two sterns, if under 2
inches in caliper may be counted as 1 tree.
(b) Ornamental and flowering trees - two inch (2")
caliper, one foot (1') above the ground.
(c) Evergreen trees - six feet (6') in height.
(d) Flowering and evergreen shrubs and hedges - five
gallon size.
(e) Vines and ground covers - one gallon size.
(f) Redwood Barkchips - two inches (2") in size at least
three inches (3") in depth in areas protected from
wind erosion.
(g) River rock - one inch (1") to two inches (2") in size
at least three inches (3") in depth over a 10-mil.
minimum plastic ground cover.
2. Completion of Landscaping:
(a) 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 extentuating circumstances, such as
adverse weather, where occupancy is requested prior to
completion of landscaping, an irrevocable letter of
credit or escrow account shall be accepted for the
completion of necessary landscaping, said financial
guarantee to be equal to one and one-fourth (1-1/4)
times the cost of the landscaping. A cost estimate
for landscaping not installed at that time shall be
presented to the Planning Division for approval.
Letters or escrows of credit 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 landscaping plan subm,.tted. Should the
required landscaping not be properly installed upon
the expiration of the letter of credit or escrow
account, the City reserves the right to use such funds
to have the required landscaping placed upon the
subject premises. Any costs incurred by the City in
excess of the funds provided by the letter of credit
or escrow, shall be recovered by the City through
normal lien proceedings.
F. Maintenance.
1. The develope , his successor and/or the property owner
shall be responsible for regular weeding, irrigating,
fertilizing, pruning or other maintenance of all
plantings as needed.
2. Mino ~.anges 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.
C. Acceptable Street Trees (Depending or, ava:.lable space,
traffic and/or pedestrian patterns, landscape objectives,
or other considerations, other species may be acceptable or
highly desirable.)
1. Acer platanoides - Norway Maple
2. Acer platanoides schwedlerr - Schwedler Maple
3. Aesculus glabra - Ohio Buckeye
4. Aesculus octandra - Yellow Buckeye
5. Catalpa ouata - Chinese Catalpa
6. Catalpa speciosa - Western Catalpa
7. Celtis occidentalis - Common Hackberry
8. Crataegus mollis - Downy Hawthorn
9. Crataegus phaenopyrun: - Washington Hawthorn
10. Crataegus rivularis - River Hawthorn
11. Fraxinus pennsylvanica - Green Ash
12. Gleditsia triancanthos inerrts - noneylocust
13. Gymnocladus dioicus - Kentucky coffee tree
14. Juglians nigra - Black Walnut
15. Nalus sp. - Flowering Crabapple
16. Prunus americans - American Plum
17. Prunus cerasiferia - Newport Plum
18. Quercus borealis - Red Oak
19. Quercus macrocarpa - Bur Oak
20. Quercus robur - English Oak
21. Sorbus aucuparia - Eurpoean Mountain Ash
22. Tilia americana - American Linden
23. Tilia cordata - Little Leaf Linden
24. Tiiia europaea - European Linden
25. Populus tremaloides - Quaking Aspen
Section 5. Severability. If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 6. Safety Clause. The City Council hereby finds,
deternines, 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 7. Supersession Clause. If any provision, requirement
or standard established by this Ordinance is found to conflict
with similar provisions, requirements or standards found
elsewhere in the Code of Laws of the City of Wheat Ridge, which
are in existence as of the date of adoption of this Ordinance,
the provisions, requirements and standards herein shall supersede
and prevail.
Section 8. This ord nance shall take effect one (1) day after
final publication.
INTRODUCED, READ, AND ADOPTED on first readin; by a vote of
to _0_ on this _8th_ day of _December_, 1986, ordered
published in full in a newspaper of general circulation in the
C.ty of idheat Ridge and Public Hearing and consideration on final
passage set for _January 12__, 1987, at 7:30 o'clock p.m., in the
Council Chambers, 7500 West 29th Avenue, ::heat Ridge, Colorado
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
readin by a vote of --S-- to -_0_- this 12th day of -January-,
1937.
SIGNED by the Mayor on this 13th day of January_, 1987.
ATTEST:
+landa Sang, City q I erk
1st Publication: Dec. 11, 1986
2nd Pubiication: Jan. 22, 1987
Wheat ^idge Sentinel:
Effective Date: Jan. 23, 1987
Frank Stites, Mayor
APPROVED AS TO FORS'. BY
OFFICE OF,,j
jC ATT-OR;7EY:
John A. Haves