HomeMy WebLinkAboutOrdinance-1989-0792INTRODUCED BY COUNCILMEMBER MERKL
Ordinance No. 792
Series of 1989
TITLE: AN ORDINANCE AMENDING VARIOUS SUBSECTIONS OF SECTION 27.2
OF APPENDIX A, ZONING ORDINANCE, OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE, RELATING TO LANDSCAPING REQUIRE-
MENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 27.2 of Appendix 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Code of Laws of the City of Wheat Ridge is hereby repealed and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 LANDSCAPING REQUIREMENTS.
A. Definition.
Landscaping: A 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 struc-
tural features, including, but not limited to, fountains, re-
flecting 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 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
non-living landscape features.
B. Landscape Plan.
A landscape plan is required to be submitted with the required
building permit or development plan for all institutional, multi-
family, commercial and industrial development, redevelopment,
addition or change in use. Said plan shall be approved by the
Director of Planning and Development in conjunction with the
City Arborist. The following information shall be included in
the plan:
1. North point and scale (scale not to exceed 1" = 40'
with 1" = 20' desirable);
2. Topographic 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
Sec. 27.2 Page 1
structure(s), parking areas, storm detention areas and
other man-made elements;
4. The location, type and size of major existing 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 Requirements.
1. Any combination of two or more of the following:
grass, flowers, shrubbery, deciduous and coniferous
trees, which shall be maintained in an orderly manner,
and, in addition, any combination of bark, rock or
ornamental object not exceeding twenty percent (20%)
of the landscaping area may be used. In no event
shall variances be approved which reduce living
materials to less than 50% of the total landscaped
area. The intent of permitting variances is to allow
for well designed xeriscape (low water use) planting
design. 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 parking area shall be established between the
right-of-way and the parking area. This view obscur-
ing 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, within the regulated sight distance
triangle, the growth of any plantings, or the erection
of any landscape structure or berm over 42 inches
above the level of the roadway or street is regulated
by Section 27.M. of this Zoning Ordinance.
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.
Sec. 27.2 Page 2
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
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 high-
er, up to the maximum required for that district.
Existing valuation and valuation of proposed changes
shall be based on Uniform Building Code valuation
tables. The term substantially altered means that the
value of remodeling exceeds fifty percent (50%) of the
value of the building prior to such improvements.
6. In all districts, any area of the lot not covered by
building, parking, walkways, storage or display area,
must be landscaped.
D. District Requirements.
1. Single 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.
(b) No less than twenty-five (25%) percent of the gross
lot area and no less than fifty (50%) of the front
yard, shall be landscaped.
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.
(c) Except for pedestrian and vehicular access, the mini-
mum required front yard shall be fully landscaped.
3. Non-Residential Uses:
(a) Required within the minimum building setbacks abutting
Sec. 27.2 Page 3
public rights-of-way, one tree, deciduous or ever-
green, for every thirty (30) feet (or portion there-
of) 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) Required landscaped areas shall be as follows:
(1) For non-residentially zoned property, landscaping
shall not be less than ten percent (10%) 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 measured 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.
(3) On residentially zoned property, a minimum of ten
(10) feet landscape buffer is required adjacent
to public streets abutting front or side yards
(d) An area of not more than three (3) feet of street
right-of-way may be included in meeting the minimum
requirements if intended to be landscaped.
Nothing contained in this section shall prohibit any
land owner from landscaping in excess of the minimum
requirements stated herein, either on their property,
or within public right-of-way, if approved by the
Public Works Director; however, off-site landscaping
cannot reduce the on-site requirements.
E. Plantings.
1. Minimum size of plant and other materials:
(a) Deciduous trees - two inch (2") caliper, measured one
foot (11) 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 varie-
ties are proposed, each two stems, 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.
Sec. 27.2 Page 4
(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 bark chips - two inches (21') 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 extenuating 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 Planning and
Development based on the landscaping plan submitted.
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 developer, his 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 insure 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.
Sec. 27.2 Page 5
2. Minor changes in the approved landscaping plan may be
made with the approval of the Director of Planning and
Development if the total area of landscaping is not
reduced below minimum standards and placement is not
substantially changed.
G. Acceptable Street Trees (Depending on available 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 schwedleri - 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 phaenopyrum - Washington Hawthorn
10. Crataegus rivularis - River Hawthorn
11. Fraxinus pennsylvanica - Green Ash
12. Gleditsia triancanthos inerms - Honeylocust
13. Gymnocladus dioicus - Kentucky coffee tree
14. Juglians nigra - Black Walnut
15. Malus sp. - Flowering Crabapple
16. Prunus americana - 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. Tilia europaea - European Linden
25. Populus tremaloides - Quaking Aspen
H. Waivers and Variances.
Generally, for waivers and variances, see Section 26.D. Whenever
a waiver or variance is requested which would be reviewed by the
Board of Adjustment, Planning Commission or City Council such
request shall be referred to the Arborist Board for their
recommendations and suggestions, especially regarding
alternatives to total waiver requirements. (For example,
substituting planter boxes or hanging baskets for normal ground
landscaping.)
(See Section 26.D.)
Section 2. 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
Sec. 27.2 Page 6
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 3. Safety Clause. The City Council hereby finds, deter-
mines, 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 4. Supersession Clause. If any provision, requirement
or standard established by this Ordinance is found to conflict
with similar provisions, requirements or standards found else-
where 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 5. This ordinance shall take effect June 1. 1989.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 10thday of April , 1989, 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 8 , 1989, at 7:30 o'clock p.m., in the Council Cham-
bers, 7500 West 29th Avenue, Wheat Ridge, Colorado
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 8 to 0 this 8th day of May , 1989.
SIGNED by the Mayor on this 9th day of May , 1989.
DAN WILDE, MAYOR
ATTEST:
Wanda Sang, City C;Tbrk
1st Publication: April 13, 1989
2nd Publication: May 11, 1989
Wheat Ridge Sentinel:
Effective Date: June 1, 1989
ldr/Sec.27.2/landsc.ord.
APPROVED AS TO FORM BY
OFFICE OF CITY ATTORNEY:
jJohE. Hay
Sec. 27.2 Page 7