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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 Section 27.2 of Appendix A, Zoning Ordinance of the Code of Laws of the City of Wheat Ridge is hereby repealed and is reenacted as follows: SECTION 27.2 LANDSCAPING REQUIREMENTS.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