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HomeMy WebLinkAboutOrdinance-2004-1330 INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 14-2004 Ordinance No. 1330 Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPE REGULATIONS WHEREAS, the CIty of Wheat RIdge has adopted legIslatIOn pertammg to the regulation of and requirements for landscapmg on pnvate property; WHEREAS, the City of Wheat Ridge recognizes that the drought and the need for water conservatIOn m the regIOn has become increasmgly more cntical, WHEREAS, the City of Wheat Ridge would like to encourage landscape practices that utilize xeric/waterwlse design pnnclples. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Section 502 of Chapter 26 of the Wheat RIdge Code of Laws IS hereby amended as follows Sec. 26-502. Landscaping requirements. A. Landscaping defined. A combmatlon oflivmg plants, such as trees, shrubs, vmes, groundcover, t10wers, sod or grass; and may include natural features, such as rocK. stone and bark, and structural features, includmg, but not limited to, fountains, reflectmg pools, art work, scrcen walls, fences and benches. Uncontrolled weeds shall not be conSidered as landscapmg; however, mamtained natural grasses and natural flowers may be conSidered as landscapll1g. Sidewalks, whether paved or gravel, which serve as functionallmks between parking areas and mam structures, or which serve as general public access routes around a mam 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 landscapc areas may be counted a nonliving landscape features. B Landscape plan. A landscape plan is reqmred to be submitted with the reqUIred building permit or development plan for all mstltutlOnaL public, semi-public, multi- family, commerCial and mdustnal development, redevelopment, addition or change in use. The plan shall be approved by the director of community development ill conjunctIOn v.lth the city arbonst. The followmg mformatlOn shall be mcludcd in the plan. 1 Date, north pomt and scale (scale not to exceed one (I) mch equalmg forty (40) feet with one (1) mch equaling twenty (20) feet deSirable), name and locatIOn of the development; name(s) of owner(s), name, address and telephone number of person or firm prepanng the plan, name and telephone number of the contact person for the project. 2. Topographic contours and spot elevations on final gradmg plan adequate to Identify and properly specify landscaping for area needmg slope protection. 3 Location of property Imes with dimensions, adjacent streets and nght-of-way, dramage features, bUlldmg and structures, parkmg, loadmg and vehicular Circulation areas, dnveways, underground and/or overhead utility lines, and traffic sight distance triangles. 4 Landscaped areas on the site including' a. LocatIOns, dimenSions and square footage of all landscaped areas. ThiS shall mclude calculatIOns for total lot area, total landscaped area, area of living vegetation and area of non-livmg matenal. b The locatIOns, types, sizes and quantities of proposed plant and other matenals Common and botanical names shall be Identified adjacent to all plant material or by use of a key and legend. c. The location, size, materials and treatment of non-living landscapcs landscaped areas. d. The speCies, location and size of any existmg plant matenals to be preserved. e. The speCies, locatIOn and size of any existmg plant materials to be removed 5 Location and type of the irrigation system proVided. 6 A descriptIOn of eXisting trees whIch are proposed to be preserved during site preparation and construction. C Landscape area reqUirements 1 Any combmation of two (2) or more of the following: grass, flowers, shrubbery, deCiduous and comferous trees, which shall be mamtained in an orderly manner The use of non-livmg matenal such as bark, rock or ornamental objects shall not exceed twenty (20) percent thirty-five (35) percent of the required landscaping area. In no event shalI vananccs be approved which reduce livmg matenals to less than fifty (50) pcrcent of the total landscaped arca. Thc mtcnt of pcrmittmg vanances is to allovi for well designcd xcriscape (low watcr use) plantmg dcsign. Coverage shall be determined for the projected growth after two (2) full growmg seasons. ') .., The growth of any plantings or the erectIOn of any landscape structure or berm IS regulated by sectIOn 26-603B 3 Except for approved street trees, the landscapmg reqUlred 00 in the nght-of-way between the property line and the curblme shall not be permitted to obtain a height greater than thirty-six (36) mches above the level of the roadway 4 Landscaping shall be mstalled only on the property to be developed or for which a building permit IS applied. For properties With eXIstmg development, landscaping m additIOn to eXisting landscaping shall be required on a percentage baSIS determmed either accordmg to square footage added, or substantially altered, or value added to the premises by proposed improvements, whichever IS higher, up to the maximum reqUlred for that dlstnct. Existmg valuation and valuatIOn of proposed changes shall be based on Uniform Building Code valuatIOn tables within the adopted building code The term "substantially altered" means that the value of remodeling excess fifty (50) percent of the value of the building prior to such Improvements. 5 All new landscaped areas shall be served by a functlOnmg automatIc IrngatJon system which combmes drip and subsurface irrigation with high efficiency sprinklers except on mdlvldual single-family and duplex residential lots. The reqUirement for a functlOmng automatic IrngatlOn system may be waived With an approved xeriscaping/waterwise plan. All new irrigation systems shall be designed to be zoned according to water needs of proposed plant materials. There should be separate zones for turf grasses and shrub bed areas, for sun and shade and other climatic conditions and according to the water demands of the plant material. All new irrigation systems shall be equipped with automatic rain shut-off devices. 6 In all dlstncts, any area of the lot not covered by bUlldmg, parkmg, walkways, storage or display area must be landscaped. 7. Recirculated water shall be used for new decorative water features and fountains. 8. Artificial turf or plant materials are not allowed. 9. The irrigation of landscaped areas shall be consistent with the restrictions imposed by the water district in which a property located. 10. No person, organization, or association may create or impose restrictive covenants, conditions, restrictions, deed clauses or other agreements between the parties that prevent the use of xcric/waterwise landscaping. D Dlstnct reqUirements: 3 I. Single- and two-family resIdential uses. a. One (1) street tree per seventy (70) feet (or portion thereof) of street frontage to be placed wIthin the front setback pnor to Issuance of the certiticate of occupancy This shall not be construed to mean trees placed seventy (70) feet on center b No less than twenty-five (25) percent of the gross lot area and no less than one hundred (100) percent of the front yard (exclUSive ofdnveway and Sidewalk access to the home) shall be landscaped. c. For new single family and two family residences, no more than 50% of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouragcd. 2. Multifamily residential uses a. ReqUIred wlthm the mmmmm bUlldmg setbacks abuttmg public nght-of-way one (1) trec, 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 (1) tree and H-ve tB ten (10) shrubs are required for everyone thousand (1,000) square feet of reqUIred landscape area. c Except for pedestrian and vehicular access, the mmimum reqUired front yard shall be fully landscaped. d. Landscapmg shall not be less than thirty (30) percent of the total lot area. e. For new multi-family developments, no more than 60% of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. 3 Nonresidential uses a. Required WIthin the mmimum bUlldmg setbacks abuttmg public nghts-of-way: one ( 1) tree, deCiduous or evergreen, for every thirty (30) feet (or portion thereof) of street frontage This should not be construed to mean trces placed thIrty (30) feet on center b In addItion to trees requITed based upon public street frontage, one (1) tree and H-ve tB ten (10) shrubs are reqUIred for everyone thousand (1.000) square feet of reqUIred landscape area. c. ReqUIred landscaped areas shall be as follows 4 (I) Landscapmg shall not be less than twenty (20) percent of the gross lot area. (2) On any nonresidentially zoned property abuttmg 44th Avenue, 38th Avenue, Kiplmg Street, Wadsworth Boulevard, Youngfield Street, Ward Road, Shendan Boulevard, or 1-70 frontage roads, a landscaped area measunng ten (10) feet from the edge of the nght-of-way IS reqUIred for the entire length of the property abuttmg these roadways, except for curb cuts. This area may be used to meet the other area req Ulrements. (3) On residentially zoned property, a mmimum ten-foot landscape buffer IS reqUired adpcent to public streets abuttmg front or side yards. (4) For new non-residential developments, no more than 30% of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. t41 (5) Additional requirements may apply If the project IS located m the Streetscape Overlay Dlstnct. d. All nonreSidential uses located adjacent to reSidentially zoned areas or agnculturally zoned areas shall proVide a screened or landscaped buffer area conslstmg of either or both of the followmg' (1) A Six-foot high solid fence or landscaped hedge With a mature height of StX (6) feet; or, (2) A stnp ofland at least fiftecn (15) feet WIde planted with a variety of vegetation and a mmlmum density of onc (1) shrub or tree per every two (2) linear feet of buffer area adjacent to the reSidential or agricultural zoned property Nothmg contamed III thIS section shall prohibIt any landowner from landscapmg m excess of the mmlmum reqUirements stated herem, either on their property or Within public nght-of-way, If approved by the public works director; however, offslte landscapmg cannot reduce the onsite reqUirements. E. Landscape buffering for parking lots. I Whenever a parkmg lot boundary adjoms property zoned for 10"'- or medlUm- denSity reSidential use, or If zoned agricultural but developcd as reSidential, a landscape butTer of SIX (6) feet from Said lot boundary shall be reqUired. Witlun the Six-foot landscape buffer, a slx-foot-high view-obscuring fence, decorative wall or landscaped hedge With a natural hcight of six (6) feet shall be proVided. In addition, grass or othcr acceptable groundcover or trees and/or shrubs shall be planted wlthm the landscape buffer areas as approved by the director of community development through a landscape plan. .5 - 2. When a parkmg lot IS placed between the public nght-of-way and the structure(s), a screening of the parking area shall be established between the nght-of-way and the parkmg area. This vlew-obscunng screen shall be composed of live plantings, berms, fences or walls, or a combmatlon thereof. The height of the screening shall be subject to the Sight distance triangle reqUirements. See section 26-603. F. Plantmgs. 1. In all cases, the use of xeric/waterwise plant matcrials is encouraged. -h 2. Minimum size of plant and other matenals. a. Deciduous trees Two-Inch caliper, measured one ( 1) foot above the ground. Trees With a caliper in excess of five (5) mches may be counted as two (2) trees. Trees With a caliper m excess of ten ( 10) mches may be counted as three (3) trees. b Ornamental and f10wenng trees. Two-mch caliper, one (1) foot above the ground. c Evergreen Trees SIX (6) feet in height. d. Flowenng and evergreen shrubs and hedges. Five-gallon size. e Vines and groundcovers One-gallon size f. Mulch. A minimum of three (3) mches III depth m areas protected from wind erosIOn. g. River rock. A mmlnmm of one (1) inch to two (2) inches m size and at least three (3 ) mches in depth over a weed barner groundcover h. When reqUired m the Streetscape Overlay District, street trees withll1 or adjacent to pedestnan walkways shall be a mInimum of three (3) inches in caliper WIth a mmlmum of seven (7) feet of head clearance to the lowest branches. ;h- 3. CompletIOn of landscapmg. When the final landscape plan IS sublmtted, a date for completIOn of all plantll1gs and related work shall be included on the plan. Landscapmg shall be ll1stalled and completed pnor to the Issuance of a certificate of occupancy In extenuatmg Circumstances, such as adverse weather, where occupancy IS requested pnor to completion of landscapll1g, an Irrevocable letter of credIt or escrow account shall be accepted for the completion of necessary landscapmg, said finanCial guarantee to be equal to one and one-fourth (1 1/4) times the cost of the landscaping. A cost cstunatc for landscaping not installed at that time shall be presented to the department of commumty development for approval Letters of credit or escrows shall not be released until all planting and fimsh matenals shown on the approved landscape plan are ll1stalled and accepted. The amount of the escrow or letter of credit shall he determined by the 6 department of commumty development based on the submitted landscapmg plan. Should the reqUired landscapmg not be properly installed upon the eXpiratIOn of the letter of credit or escrow account, the city reserves the nght to use such funds to have the reqUired landscapmg placed upon the subject premises. Any costs mcurred 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 proceedmgs. G Mamtenance. I The developer. Its successor and/or the property owner shall be responsible tor regular weedmg, irngatmg, fertilizmg, prunmg or other mallltenance of all plantmgs as needed III order to ensure the survival of any required landscaping. Thc city may require the removal and replacement of such reqUired landscapmg where dcad, dIseased or damaged landscapmg IS found. 2 Minor changes III the approved landscapmg plan may be made With the approval of the dIrector of community development if the total arca of landscapmg is not reduced belo\'; Imnlmum standards and placement is not substantially changed. 3. All property owncrs/occupants shall be rcsponsible for maintenance of landscaping within the portion of the public right-of-way between the back of the curb or strect pavement and adjacent private property. H Acceptable street trees shall be determ1l1ed by the community development dIrector. m consultatIOn With the cIty forester Street trees in the Streetscape and Architectural DeSIgn Overlay districts shall conform to the plant list contamed m the streetscape and architectural deSign manual I Waivers and vanances. Generally, for waivers and vanances. see section 26-115 Whenever a waiver or vanance IS required which would be reviewed by the board of adjustment. plann1l1g commission or cIty council. such request shall be referred to the city forester for recommendatIOns and suggestions. especlUlly consideration should be givcn regardmg alternatIves to total Waiver reqUirements (for example, Substltutmg planter boxes or hangmg baskets for normal ground landscapmg) Section 2. Safety Clause. The City of Wheat RIdge hereby finds, dcterm1l1es, and declares that thiS ordmance 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 tl1tS ordinance IS necessary for the prcservatlOn of health and safety and for the protection of public convenience and welfare The City Council further determmes that the ordinancc bears a ratIOns relatIOn to the proper legislative obJect sought to be attamed. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zonmg code or the apphcallon thereof to any person or circumstances shall for any rcason be adjusted by 7 a court of competent JunsdlctlOn mvahd, such Judgment shall not affect apphcation to other persons or circumstances. Section 4. Supersession Clause. If any proVISIOn, reqUirements or standard estabhshed by thiS Ordmance IS found to conf11ct With similar proVISIOns. reqUirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge. which are III eXistence as of the date of adoption ofthls Ordmance, the provisions. reqUirements and standards here shall supersede and prevatl. Section 5. Effective Date. ThiS ordlllance shall take effect 15 days after final publicatIOn. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of 8 to o on thiS 12th day of July .2004, ordered published in full in a newspaper of general Circulation III the City of Wheat Ridge and Public Heanng and conSideration on final passage set for August 9 ,2004, at 7 00 o'clock p.m., m the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of 8 to 0 ,thiS 9th day of August .2004 SIGNED by the Mayor on tillS 10th day of August .2004 APPROVED AS TO FORM BY CITY ATTORNEY \/-, ~ / . . /'-' F~ ;' //7 ~ .4 ~/// / I - ~ ;/C . >/ :%d./ GE' L DAHL, CITY A ~EY SI" I' publication. July 15, 2004 2nd publication Augus t 12, 2004 Wheat Ridge Transcript Effective Date August 27, 2004 8