Department of Community Development
Reference: Landscape Code Amendments
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Shannon McDowell, Interim Assistant Director of Community Development
Date Prepared: November 30, 2023
PURPOSE
Consider modifications to the landscape provisions of the Land Use & Development Code (LUDC).
PROCESSES
The Land Use & Development Code outlines the code amendment process, which allows for initiation of amendments by the City Council, Planning Commission, and Staff on behalf of these entities. The changes proposed were discussed with the Planning Commission and the City Council at a joint study session on January 24, 2023.
The City Council should use the Review Criteria outlined in the Land Use & Development Code’s Section 2.10 B. The Code Amendment criteria generally include but are not limited to furthering the purposes of the LUDC, amendments being in accordance with the Comprehensive Plan, promoting the public safety, health and general welfare of the community, and improving the effectiveness and efficiency of administering the LUDC.
BACKGROUND AND SUMMARY OF AMENDMENTS
To help Brighton grow in a sustainable manner and make the best use of resources such as water and water treatment capacity, staff have drafted amendments to the landscaping provisions in the Land Use & Development Code. As directed by the City Council. The amendments are proposed to:
• require a more sustainable landscape design for new development,
• lessen water use attributable to landscaping,
• allow existing development to retrofit to a water-saving turf of water-wise landscape, and
• address problematic provisions in the current code.
The provisions of the landscape code are found in many Articles of the LUDC. The modifications proposed are in Articles 5, 6, 7, 8, and 11.
Changes Affecting Single-Family and Single-Family Attached
For residential structures excepting apartments, there are two major changes. First is the elimination of the minimum requirement for sod (irrigated turf) in the front yard. Removing this minimum requirement should encourage less sod to be installed, particularly in areas where it is seldom used. The maximum amount of sod allowed in the front yard remains at 40% or 1,000 square feet, whichever is less.
The second change is to no longer allow sod in the tree lawn, which is the area between the curb and the sidewalk. This is a highly inefficient area to irrigate that results in water waste and is rarely used for recreation. The tree lawn will be required to be installed as a water-wise landscape that does not include native seed. A water-wise landscape requires a minimum of 50% living ground cover and can be up to 50% rock or mulch but must provide a variety of materials to visually break up large areas. The presentation accompanying this staff report includes photos of a variety of implementations of this concept.
There are no changes proposed to backyard landscaping for single-family homes, though the options are now being clearly specified.
Multi-Family and Non-Residential
For multi-family and non-residential uses, sod will no longer be permitted to be part of the landscape. The only exception to the prohibition of sod will be for athletic fields or designated recreation areas that are required as part of a development.
Multi-family and non-residential properties will be landscaped with water-wise landscaping or native seed. Native seed would not be permitted in the tree lawn or on the interior of a parking lot. The water-wise landscape requires 50% living ground cover and allows for up to 50% of the ground to be covered with rock or mulch with a variety of materials used to break up large areas.
Existing Landscaping
Properties that currently have sod would be allowed to maintain their landscaping as it currently exists. However, by removing the minimum amount of sod required in the front yard, the landscape code changes also allow conversion of sod into water-wise landscape or native seed. In addition, a provision is included that allows conversion of sod in favor of an irrigated grass that requires less water than the variety currently installed. Local turf companies sell quite a few turf varieties that require less water than Kentucky Bluegrass.
Problematic Provisions
Staff is proposing several amendments to address issues we have encountered in administering the landscape code through the development review process:
Buffers: One issue staff has found is the number of trees required for buffers. To gain a better understanding of the requirements and the struggles applicants have had with implementation, we performed an analysis of the buffer requirements.
After mapping the buffers to scale, we found the Type II and Type III buffers could not accommodate the trees that were required. To fit all of the required trees, a buffer would actually have to be almost twice as deep as required by the code. Staff are proposing modifications to the number of trees required in the Type II and Type III buffers so the trees can be accommodated in the minimum required buffer. In addition, there are some minor changes proposed to the buffer variations to clarify how and when these would be used.
Staff then examined how other landscape requirements interface with buffer requirements. Every property is required to provide trees along the street. In many cases, a buffer is also required along the front due to the roadway classification. If a commercial business has parking near the front of the lot, there may also be landscaping required along the perimeter of the parking area. If all these scenarios were present, there is a potential for three rows of trees to be required along one property line. When multiple tree or landscape requirements exist in the same location, an amendment is proposed to allow for the largest requirement to control and fulfill all others.
Substitutions/Site Constraints: To help make the code easier to understand, we reorganized the substitutions and added alternatives for sites with unusual constraints. We have encountered one property with easements that would not allow for trees or shrubs to be installed within the easement. The alternatives would allow substitution of trees with shrubs or placement of landscaping elsewhere on the property.
Water-Wise Landscape: We transformed the xeriscape provisions into water-wise provisions that will apply to every development type. These require at least 50% living ground cover and allow for up to 50% rock or mulch ground cover with a variety of materials used to break up large areas. This section also includes provisions to align the landscape code with the water management plan and water policies. We address temporary irrigation for native seed and allow for alternatives to irrigating with potable water.
Other Adjustments: Staff have made other small adjustments to ensure the code is easy to enforce.
Artificial Turf
The topic of artificial turf is inherent when discussing options for lowering water consumption of landscaping. While preparing the landscaping code amendments, staff conducted significant research on artificial turf. That research brought forth concerns about the difference in impermeability between sod and artificial turf. Prior to the Planning Commission hearing, there was little guidance available from the stormwater profession on the drainage patterns associated with artificial turf. Since that hearing, Mile High Flood District has received preliminary results on a study they conducted regarding artificial turf. In this study, a typical landscape area is 20% impervious while artificial turf with a drainage layer is 25%-45% impervious. Sports fields with an underdrain as were implemented at the Brighton Sports Complex are estimated to be 60%-80% impervious.
In the City’s residential areas, subdivisions are designed with an overall assumption of areas that will be covered by buildings or hardscape. For single-family homes, engineers estimate 45%-55% of a lot will be impervious. The addition of artificial turf could result in higher than anticipated impervious areas, which could cause more water to leave a site and/or water to leave a site quicker. Both conditions could create drainage issues. Established neighborhoods have little opportunity to redesign the drainage systems to accommodate a large increase in imperviousness.
Due to concerns related to drainage and the lack of guidance available when the proposed code was being drafted, staff is recommending that artificial turf be allowed only on athletic fields and designated recreation areas where City staff will have an opportunity to review the drainage plan. However, with preliminary guidance now available from Mile High Flood District, staff could propose amended language regarding artificial turf prior to second reading if desired by City Council.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM AND STAFF ANALYSIS
LAND USE & DEVELOPMENT CODE:
Modifications to the Land Use & Development Code must meet the following criteria when considered for adoption:
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
The amendment supports the Land Use & Development Code by implementing recommendations from the Comprehensive Plan that relate to sustainable landscaping.
2. The amendment is in accordance with the Comprehensive Plan and has been considered for both its long-range effects as well as immediate impacts.
The Be Brighton Comprehensive Plan directly supports the proposed changes to the landscaping provisions in the Land Use & Development Code. One of the major themes in the comprehensive plan is sustainability. Many of the principles and policies in the plan encourage the City to revise landscaping regulations to require a sustainable landscape. These include the following:
Principle 3: Create Identity and Distinctiveness with Systematic and Large Areas of Open Space that Highlight the City’s Natural Resources and Agricultural Connection
Policy 3.3: Protect and Enhance Water Resources through Public and Private Actions
Protect groundwater supplies and groundwater quality through a variety of means including the following:
3. Update landscaping requirements to minimize long-term irrigation, pesticide and fertilizer application and restore biodiversity. Maximum efforts shall be made to focus the use of irrigation water on the parts of developments that are most enhanced by irrigation and provide the highest impact on quality of life. Make equally strong efforts to find creative design solutions that minimize the need for irrigation water in other areas.
Principle 6: Promote Neighborhoods That Have Distinctiveness and Character
Key Strategy #8: Create drought-tolerant landscape standards to encourage water conservation while ensuring an attractive, vegetative groundcover.
Principle 7: Place a High Priority on Sustainable and High-Quality Design that is Compatible with the City’s Unique Character
Policy 7.1: Continually Update the Citywide Design Guidelines To Ensure They Reflect Core Community Values
6. Revise city codes and ordinances to encourage, allow and incentivize sustainable construction methods.
Policy 7.6: Pursue High Quality and Ecologically Sound Landscape Design
1. Promote low maintenance landscapes to ensure the designed landscape is maintainable and sustainable over time.
Policy 7.7: Brighton Shall Set the Standard and Encourage the Use of Green Building Practices
1. In the construction of City-owned facilities, the City will incorporate, as much as practical, appropriate “green building” construction methods and materials, such as demolition and construction debris recycling, energy efficient design and equipment, engineered lumber, recycled content materials, low-toxic paints and finishes, and water conserving landscape design.
2. The City will update regulations and incentives to encourage the use of “green building” construction methods and materials in private construction.
3. The amendment promotes the public safety, health and general welfare of the community in the City of Brighton.
The amendment will require new development and allow existing development to install low-water use landscapes. Because most properties in Brighton rely on potable water for irrigation, the switch to low water use landscapes will put less pressure on water treatment functions within the City. This could, in turn, ensure adequate water availability for firefighting and for consumption, both of which are essential public safety issues.
4. The amendment improves the effectiveness and efficiency of administering the Land Use & Development Code.
The amendment includes adjustments to the buffer regulations, which currently require a deeper buffer to accommodate the required trees. In addition, amendments were included that better align with staff’s abilities to enforce the code. An example of this is the change in the number of genus and species of trees required. As none of the staff are landscape architects, ensuring this provision is met is difficult as the staff is not properly trained to evaluate tree species. The proposed adjustments help applicants to be able to meet the requirements as they are described and allow staff to enforce the code more easily.
DEVELOPMENT REVIEW COMMITTEE:
The Development Review Committee (DRC) reviewed these amendments and recommended approval.
PUBLIC NOTICE AND INQUIRY
Notice of the public hearing was published on the City of Brighton website at least 15 days prior to the public hearing, as required by Section 2.01 F. of the Land Use & Development Code. City staff will be publishing notice on social media outlets in the days leading up to the meeting. As of the date of this report, no formal comments have been received.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission heard the Code Amendment on October 26, 2023. The Planning Commission recommended approval with a 4-0 vote. Please see the attached Resolution #23-11.
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds that the proposed code amendments generally meet the review criteria outlined in Section 2.10 B. Review Criteria, of the Land Use & Development Code and is therefore recommending approval of the code amendments.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing the Code Amendment application. The City Council may:
1. Approve the code amendments as drafted;
2. Deny the code amendments;
3. Approve the code amendments with modifications or;
4. Continue the item to be heard at a later, specified date if the City Council feels it needs additional information to ensure compliance with the approval criteria as set forth in the Land Use & Development Code.
ATTACHMENTS
● Draft Ordinance
● Planning Commission Resolution #23-11
● Website Notice
● Website Publication Proof
● City Staff’s Draft Presentation
● Proposed Amendments Redlined Version (Articles 5, 6, 7, 8, and Definitions)