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HomeMy WebLinkAboutZOA-01-06CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HAnEY Council Bill No. 09-2002 Ordinance No. 1249 Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-628 OF THE WHEAT RIDGE CODE OF LAWS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-628 is amended with the addition to subsection D as follows: D. There shall be a minimum of fifteen hundred (1,500) feet separation between any of the sales, rental or storage lots for the uses listed. New or expanded sales, rental or storage lots which do not meet the 1,500 feet separation requirement of this subsection D may be permitted upon approval of a special use permit following the procedures of Section 26-114. This procedure may be applied to permitted and special uses. Section 2. Safety Clause. The City Council hereby finds, determines, 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 3. Severability• Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading, as provided by Section 5.11 of the Charter. 1 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on this 11th day of March , 2002, ordered published in full in a newspaper of general circulation in the City of GED\53027\389656.01 1 Wheat Ridge and Public Hearing and consideration on final passage set for March 25 , 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second : and final reading by a vote of 5 to i this 25th day of March 2002. SIGNED by the Mayor on this 26ch day of March 2002. ATTEST: AAJ r~l'l Wanda Sang, Cit rk 2A7 eroAs To F r Gera-ld E. Dahl, City Attorney First Publication: March 14, 2002 Second Publication: March 28, 2002 Wheat Ridge Transcript Effective Date: March 25, 2002 GED\53027\389656.01 2 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Wheat Ridge March 25. 2002 The Regular City Council Meeting was called to order. by Mayor Cerveny at 7:00 p.m. Councilmembers present: Jerry DiTullio, Vance Edwards, Dean Gokey, Ralph Mancinelli, David Schneider, and Lena Rotola. Harry Hanley and Odarka Figlus were absent. Also present: City Clerk, Wanda Sang; Interim City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Parks, Joyce Manwaring; staff; and interested citizens. APPROVAL OF MINUTES of Special Meeting of March 11 and Regular Meeting of March 11. 2002 Motion by Mr. DiTullio for the approval of the Minutes of the March 11 Special Meeting and Regular Meeting; seconded by Mr. Schneider; carried 6-0. PROCLAMATIONS AND CEREMONIES Mayor Cerveny read Proclamation for "Days of Remembrance" regarding the Holocaust. CITIZENS' RIGHT TO SPEAK Geoff Wodell spoke regarding the importance of culture in this community. Don Peterson will speak under Item 6. regarding term limits. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 09-2002 - An Ordinance amending Section 26-628 of the Wheat Ridge Code of Laws. (Case No. ZOA-01-06) Council Bill 09-2002 was introduced on second reading by Mr. DiTullio, who read the title, summary and background. Clerk assigned Ordinance No. 1249. CITY COUNCIL MINUTES: March 25, 2002 Page - 2 - Roger Loecher asked how Planned Commercial Development would fit into this ordinance. He thanked Council for considering making these changes. Motion by Mr. DiTullio to approve Council Bill 09-2002 (Ordinance 1249) and it take effect immediately upon adoption; seconded by Mr. Schneider; carried 5-1 with Mr. Edwards voting no. Item 2. Council Bill 10-2002 - An Ordinance approving the sale of City-owned property located near the Intersection of 38`h Avenue and Sheridan Blvd. Council Bill 10-2002 was introduced on second reading by Mr. Mancinelli, who also read the title, summary and background. Clerk assigned Ordinance 1250. Mr. Dahl referred to the changes that Council had requested in the Special Warranty Deed. Don Peterson questioned the impact of the gas station being added and taking away parking spaces. He questioned how the gas station would look, especially since this was the gateway to the City of Wheat Ridge. He is also concerned about Mr. Edward's working for King Soopers and asked that he reconsider voting on this matter. Mr. Edwards pointed out that this agreement was between the City of Wheat Ridge and the owners of the shopping center, which are not King Soopers. King Soopers is merely a tenant in this building. Mr. Dahl stated that there was no conflict of interest for Mr. Edwards and he was required to vote. Motion by Mr. Mancinelli for approval of Council Bill 10-2002 (Ordinance 1250) and that it take effect upon adoption; I further move to amend the motion that the reverter clause read "2022", not 2002; seconded by Mr. DiTullio; carried 6-0. Motion by Mr. Gokey for an amendment that the property returned to the City be free of structures and be repaved; seconded by Mr. Mancinelli; failed 2-6 with Councilmembers Gokey and Mancinelli voting yes. Original Motion as amended carried 6-0. PUBLIC HEARINGS ORDINANCES FOR 1ST READING BIDS/MOTIONS X ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: An Ordinance amending Section 26-628 of the Wheat Ridge Code of Laws. SUMMARY AND BACKGROUND: On March 11, 2002 City Council adopted this ordinance on first reading with the deletion of additional language recommended by Planning Commission. The recommendation was to add the following sentence to the amended ordinance: "Special use permits granted on property not meeting the 1,500 foot requirement may have conditions imposed such as, but not limited to, a restriction on permanent construction on site." This sentence has been deleted from the ordinance. 1. Council Bill No. STAFF RECOMMENDATION: Approval ORIGINATED BY: City Council BUDGETIMPACT: Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budget Account No.: N/A STAFF RESPONSIBLE: Alan White, Planning and Development Director SUGGESTED MOTION: "I move to approve Council Bill No. , Case No. ZOA 01- 06, on second reading, to take effect 15 days after final publication." CAMyFi1cs\WPFiles\Pmjects\zoning amendments\1,500 sup cc ]stwpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-628 OF THE WHEAT RIDGE CODE OF LAWS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-628 is amended with the addition to subsection D as follows: D. There shall be a minimum of fifteen hundred (1,500) feet separation between any of the sales, rental or storage lots for the uses listed. New or expanded sales, rental or storage lots which do not meet the 1,500 feet separation requirement of this subsection D may be permitted upon approval of a special use permit following the procedures of Section 26-114. This procedure may be applied to permitted and special uses. Section 2. Safety Clause. The City Council hereby finds, determines, 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 3. Severability' Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2002, ordered published in full in a newspaper of general circulation in the City of GED\53027\389656,01 1 Wheat Ridge and Public Hearing and consideration on final passage set for , 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of .2002. SIGNED by the Mayor on this day of 2002. ATTEST: Wanda Sang, City Clerk First Publication: Second Publication: _ Wheat Ridge Transcript Effective Date: Gretchen Cerveny, Mayor Approved As To Form Gerald E. Dahl, City Attorney GED\53027\389656.01 2 O f, m E WHEgT tiO REQUEST FOR COUNCIL ACTION ~~CORA~O PUBLIC HEARINGS X ORDINANCES FOR 1ST READING BIDS/MOTIONS _ ORDINANCES FOR 2ND READING RESOLUTIONS Quasi-Judicial: X Yes No SUBJECT: An Ordinance amending Section 26-628 of the Wheat Ridge Code of Laws. SUMMARY AND BACKGROUND: At the January 21, 2002 Council Study Session with Planning Commission, consensus of the Council was to amend the code pertaining to various sales, rental and storage lots by permitting such lots with less than the required 1,500 feet of separation through the special use process. The attached ordinance accomplishes this. At the public hearing to consider this ordinance revision, the Planning Commission recommended approval with one change. This change was the addition of the following language to the ordinance: "Special use permits granted on property not meeting the 1,500 foot requirement may have conditions imposed such as, but not limited to, a restriction on permanent construction on site." This change has been added to the ordinance. ATTACHMENTS: 1. Council Bill No. i STAFF RECOMMENDATION: Approval Driginal budgeted amount: $0 kctual contracted amount: $0 mpact of expenditure on line item: $0 Budget Account No.: N/A ORIGINATED BY: City Council STAFF RESPONSIBLE: Alan White, Planning and Development Director SUGGESTED MOTION: "I move to approve Council Bill No. Case No. ZOA 01- 06, on first reading, ordered published, public hearing set for second reading on March 25, 2002 at 7:00 p.m. in the City Council Chambers, and if adopted on second reading, take effect 15 days after final publication." C.\MyFiles\WPFiles\Pmiecte\zoning amendments\1,500 sup cc Ist.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-628 OF THE WHEAT RIDGE CODE OF LAWS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-628 is amended with the addition to subsection D as follows: D. There shall be a minimum of fifteen hundred (1,500) feet separation between any of the sales, rental or storage lots for the uses listed. New or expanded sales, rental or storage lots which do not meet the 1,500 feet separation requirement of this subsection D may be permitted upon approval of a special use permit following the procedures of Section 26-114. This procedure may be applied to permitted and special uses. Special use permits granted on property not meeting the 1,500 foot separation requirement may have conditions imposed such as, but not limited to, a restriction on permanent construction on the site. Section 2. Safety Clause. The City Council hereby finds, determines, 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 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed" to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. immediately upon adoption at second of the Charter. This Ordinance shall take effect reading, as provided by Section 5.11 GED\53027\389656.01 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2002, 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 , 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 2002. SIGNED by the Mayor on this day of 2002. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Approved As To Form Gerald E. Dahl, City Attorney GEM53027\389656.01 2 City Council directed staff and Planning Commission to correct conflicting requirements in the R-3 and R-3A zone districts pertaining to side and rear setbacks and to look at the definition of a "story." Alan White presented the staff report on this matter. During discussion of the matter, there was a consensus to send the ordinance back to staff for further clarification before acting on the ordinance. Chair THOMPSON asked if there were individuals present who wished to address the ordinance. Louise Turner 11256 West 38th Avenue Ms. Turner was sworn in by Chair THOMPSON. She suggested that a story should be measured to the top of the roof and suggested the following wording: "A structure with one level of living above grade shall not be considered a two-story building unless the big open vaulting roof is high enough that the distance between the grade and the rooftop equals or exceeds the twenty feet." Beyond a two-story structure, where there is living space on two levels, you could say that "each ten feet, or portion thereof above that point, shall constitute a story for setback purposes." She further suggested that, for any structure, a five-foot setback would be required for each ten feet of building height. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER that Case No. ZOA-01-02 be continued until a time set by the Planning Director to clarify the various problems discussed this evening. The motion passed 7-0 with Commissioner COOPER absent. C. Case No. ZOA-01-06: An ordinance amending Section 26-628.D of the Wheat Ridge Code of Laws pertaining to the 1,500-foot minimum separation between any motor vehicle, farm implement, recreational vehicle, mobile or modular home, motorcycle, boat trailer and equipment sales, rental and storage lots in the City. The staff report was presented by Alan White. The subject ordinance contains revisions recommended by City Council at the January 21St study session. Commissioner THOMPSON requested that the ordinance allow a special use permit to be granted only to the owner and not run with the land. Further, the portion of land with a special use could only be used for storage with no building allowed. Commissioner SNOW moved and Commissioner PLUMMER seconded that Case No. ZOA-01-06 be forwarded to City Council with a recommendation for approval with the following amendment: At the end of Section D, the following language be added: special use permits granted on property not meeting the 1,500 foot separation requirement may have conditions imposed such as, but not limited to, a restriction on permanent construction on the site. The motion passed 6-1 with Commissioner COLLINS voting no and Commissioner COOPER absent. Planning Commission Page 6 February 7, 2002 City of Wheat Ridge Planning and Development Department Memorandum TO: Planning Commission FROM: Alan White, Planning & Development Director SUBJECT: ZOA-01-06Nehicle Storage Separation DATE: January 31, 2002 Attached is the revised ordinance for Case No. ZOA-01-06 with the changes recommended by Council at the January 21" Joint Study Session. Staff recommends forwarding to Council a recommendation of approval. C:\Ka[hy\PCRPTS\PLANGCOM\CORRESP\zoa0106memo.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-628 OF THE WHEAT RIDGE CODE OF LAWS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-628 is amended with the addition to subsection D as follows: D. There shall be a minimum of fifteen hundred (1,500) feet separation between any of the sales, rental or storage lots for the uses listed. New or expanded sales, rental or storage lots which do not meet the 1,500 feet separation requirement of this subsection D may be permitted upon approval of a special use permit following the procedures of Section 26-114. This procedure may be applied to permitted and special uses. Section 2. Safety Clause. The City Council hereby finds, determines, 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 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. immediately upon adoption at second of the Charter. This Ordinance shall take effect reading, as provided by Section 5.11 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2002, ordered published in full in a newspaper of general circulation in the City of GED\53027\389656.01 Wheat Ridge and Public Hearing and consideration on final passage set for , 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of , 2002. SIGNED by the Mayor on this day of 2002. ATTEST: Wanda Sang, City Clerk First Publication: Second Publication: Wheat Ridge Transcrip_t Effective Date: Gretchen Cerveny, Mayor Approved As To Form Gerald E. Dahl, City Attorney GED\53027\389656.01 2 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on February 7, 2002, at 7:30 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. ZOA-01-02: An ordinance amending Sections 26-123, 26-211 and 26-212 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and the definition of a "story." Case No. ZOA-01-06: An ordinance amending Section 26-628.1) of the Wheat Ridge Code of Laws pertaining to the fifteen hundred (1500) feet minimum separation between any motor vehicle, farm implement, recreational vehicle, mobile or modular home, motorcycle, boat trailer and equipment sales, rental and storage lots in the City. Case No. ZOA-02-01: An ordinance amending Chapter 26 of the Wheat Ridge Code of Laws to implement adopted urban renewal plans. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: January 31, 2002 Wheat Ridge Transcript Ct\Kathy\PCRPTS\PLANGCOMNOBHRG\020207B.wpd CITY COUNCIL STUDY SESSION MINUTES: January 21, 2002 Page - 2 - Planning Commission Members present were: Jerry Collins, Marian McNamee, Anne Brinkman, Paula Weisz, Philip Plummer, Nancy Snow, Paulette Cooper and Janice Thompson. Item 4. Review Council Bill 19-2001 - Permit process for Recreational Vehicle sales lot ancillary storage. Alan White gave a history of the Council Bill. He presented three options for Council and Planning Commission to consider and discussion followed. Planning Commission was present and gave their views on the changes. Consensus 6-2 to accept Option 3 which requires a Special Use Permit for locations closer than 1,500 feet, to be considered on a case by case basis. Item 7. Review Council Bill 20-2001 - Amending Sections 26-206, 26-207, 26- 208, 26-209, 26-210, 26-211, 26-212 and 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for Residential Structures and exceptions thereto. Alan White presented this Council Bill and presented staffs recommendations. Discussion followed. There was concern about pop-tops not being included in the bill. Consensus 8-0 to postpone the bill indefinitely. Consensus 5-3 to look at the inconsistencies in the code and come back with definitions and recommendations. Item 2. CDBG Funding - Ann Pitinga Ann Pitinga presented this item; Mrs. Rotola asked that an addition from the Wheat Ridge Housing Authority be made requesting $20,000 to be placed in General Allocation, under Jefferson County, and change the total to $50,000. Consensus 8-0 to send this item forth to City Council on January 28, 2002. Item 6. Review Council Bill 30-2001 - Amending Section 26-303, Planned Residential Developments Regulations of the Code of Laws of the City of Wheat Ridge, Colorado (ZOA-01-04) Jerry DiTullio explained what a PRD is and the legal protest process. The bill is to eliminate the one acre requirement so that a Planned Residential Development would have no minimum size requirement. These properties would be reviewed on a case by case basis. Discussion followed and some changes suggested. City of Wheat Ridge Planning and Development Department Memorandum TO: City Council F WHEgT o v m C0~ OR A00 FROM: Alan White, Planning and Development Director %0 SUBJECT: Case No. ZOA 01-06, Separation of Motor Vehicle, etc. Sales, Rental and Storage Lots DATE: January 9, 2002 Council directed staff to pursue a change to Section 26-628 of the Code which requires 1,500 feet of separation between motor vehicle, farm implement, recreational vehicle, mobile and modular home, boat, trailer, and equipment sales, rental and storage lots. The goal was to not have our major commercial corridors lined with car and RV sales lots. Changes also were made as to the permitted or special use status of these uses in the new Code. The following table shows the status of these uses in the new Code. USES NC RC C-1 C-2 I Automobile and light-duty truck sales and rental S S S Boat, recreational vehicle and trailer sales, rentals, and service S S S Equipment rental agencies P P P P Farm equipment sales, service and storage P P Mobile or modular homes or building sales S S Motorcycle sales and service P P P RV, boat, trailer and travel trailer storage P P P = Permitted Use S = Special Use The separation requirement for these uses was a change from the old code which required the 1,500 feet of separation only between automobile and light duty truck sales and rental lots. In the old code, a location could be approved closer than 1,500 feet through a special use permit. At the September study session, Council directed staff to develop an ordinance dealing with the separation issue. After looking at several alternatives, staff proposed an ordinance which would have permitted a limited number of ancillary recreational vehicle and trailer storage lots within the 1,500 limit for a window of time, after which the code would revert to the current separation requirement. Planning Commission recommended not approving this ordinance. Council did not act on the ordinance on first reading; instead scheduling the item for this joint study session with the Planning Commission. Council has three options to consider: 1. Don't change the ordinance. This option keeps the 1,500-foot separation for these uses and provides a strong regulation to control the uses on our commercial corridors. On the other hand, it provides no relief for locations closer than 1,500 feet and it can be a hindrance to the expansion of existing businesses. 2. Re-institute the old code provisions. This would entail changing all uses in the above table to permitted uses, maintaining the 1,500-foot separation requirement, and adding back in the ability to apply for a special use permit if the proposed use was within 1,500 feet of another use. The drawback to this option is that no approval is required for motor vehicle, boat, RV, trailer or mobile or modular homes that are separated by more than 1,500 feet. 3. Require a Special Use Permit for locations closer than 1,500 feet. This option would maintain the current status of uses as permitted or special, but provide the relief of applying for a special use permit if closer than 1,500 feet. This option would require Planning Commission review and recommendation and Council approval for uses closer than 1,500 feet, but still maintains the added control of certain lots as special uses. Since some uses are special uses already, the regulations will have to reflect that a location closer than 1,500 feet can be part of the already-required special use. Staff recommends pursuing Option 3. This will require Planning Commission review of the new ordinance. Attached are previous memoranda and Planning Commission minutes. C:\MyFiles\WPFiles\Projects\zoning amendments\1500 feet cc ss memo.wpd Commissioner BRINKMAN offered an amendment to the conditions as follows: Some kind of directional arrows or markings will be affixed to the two closest access points; one from Upham and one from 44th Avenue. The amendment was accepted by Commissioners COOPER and SNOW. The motion passed 7-0 with Commissioner WEISZ absent. C. Case No. ZOA-01-06: An ordinance amending Section 26-628.D of the Wheat Ridge Code of Laws pertaining to the 1500 feet minimum separation between any motor vehicle, farm implement, recreational vehicle, mobile or modular home, motorcycle, boat, trailer and equipment sales, rental and storage lots in the City. This case was introduced by Alan White. He stated that a temporary use permit was provided to a certain landowner several years ago for the purpose of storing some vehicles on an adjacent piece of property that he owned. The Board of Adjustment granted the TUP in order for the owner to come in and apply for rezoning of the A-1 zoned property. A change. was made to Chapter 26 over a year ago that deleted the ability to get a one-year temporary use permit. Last year, during the rewrite of Chapter 26, the 1500 limit was extended from automobiles to other uses as listed above. This prevented the landowner from applying for rezoning. There is also another person interested in rezoning in the same situation. City Council discussed this matter at a study session and directed staff to write an ordinance which would address this situation. At its last meeting, Planning Commission indicated a strong desire to leave the code as it is presently written. In answer to a question from Commissioner SNOW, Alan White stated that the land owner in question is Ketelsen Campers. There is another possible situation on the east side of 35th and Wadsworth. It is proposed to repeal portion of the ordinance relating to the storage of recreational vehicles for a period of time and then revert back to the original code. In answer to a question from Chair McNAMEE, Alan White stated that the temporary use for Ketelsen Campers was issued in 1996, however the TUP was not renewed each year even though the property was used for storage. Commissioner SNOW asked if the city receives sales tax from recreational vehicles. Alan White stated that the city only receives sales tax on non-licensable recreational vehicles. Commissioner THOMPSON asked if there were any consequences for the landowner when vehicles were being stored illegally. Alan White stated that monitoring was infrequent due to a high turnover in staff during that time. Commissioner THOMPSON expressed concern about relaxing the code for certain individuals especially when illegal storage has occurred. Randy Ketelsen 9870 West I-70 Service Road South Mr. Ketelsen was sworn in by Chair McNAMEE. He stated that he has been in business in Planning Commission October 4, 2001 Wheat Ridge for sixteen years. The ordinance requiring the 1500-foot separation was a surprise to him when he came in to apply for rezoning and he believes the intent of the ordinance was to prevent a long row of businesses with the types of products listed. The ordinance does not address situations "as the crow flies" which is the case for his property. The property is not even on the same street from the closest similar business. The 2-acre piece of property in question does not have access from any street in Wheat Ridge. The only access to this property is through his other property. The only adjacent neighbor is Pennington Elementary and the property is screened by fencing. In response to a question from Commissioner SNOW, Mr. Ketelsen stated that he received a TUP from the Board of Adjustment in 1997 and again in 1999. He stated the city staff advised his attorney not to apply for rezoning until he was through assembling all of his property. Mr. White stated that he had not met with Mr. Ketelsen's attorney, but his advice would have been for the applicant to go to the Board of Adjustment for another TUP. Commissioner COOPER stated that while she understood Mr. Ketelsen's dilemma, she expressed concern that revising the ordinance in this situation would set a precedent. Commissioner SNOW expressed concern that there is an impression that the staff has condoned this situation and asked if there have been efforts on the part of the City to develop the Chado property. If so, storage of vehicles on the subject property could affect the depth of the property and hinder the possibility of developing sales tax revenue for the Chado property. Alan White stated that the Chado property is zoned A-1 and would have to be rezoned. The Comprehensive Plan shows this property as commercial and residential. Commissioner SNOW commented that she didn't think the staff would be encouraging storage on the subject property while at the same time attempting to develop the entire Chado site. Roger Loecher 4599 Carr Street Mr. Loecher was sworn in by Chair MCNAMEE. He addressed the Commission regarding his vacant ++hc-t'ivr"ffi n3rcmzxc.=rvrr.~£aia,] ~ Wracdvffll i, TT- .,-F'1as.Yt., proe . this property when he learned of the new 1500-foot law. He planned to build a 5,700 square foot building. He planned to rent 3,700 feet to a luxury car rental business. Fifteen cars would be stored inside the building and five would occasionally be stored outside. His dilemma is that his property is located 400 feet from a auto sales lot. He went to City Council study session where it was suggested he apply for a special use permit. He expressed his opinion that the purpose of city staff, city council and other city commissions should work together to make changes to increase economic development within the city. He spoke in favor of changing the ordinance. In response to a question from Commissioner COOPER, Mr. Loecher stated that the car rental business would pay a use tax to the city. It was moved by Commissioner SNOW and seconded by Commissioner BRINKMAN that the Planning Commission make a strong recommendation to City Council that this ordinance not be passed; that the 1500-foot separation was logically designed and passed Planning Commission Page 6 October 4, 2001 to bring in more attractive business which would bring in greater retail sales tax revenue; and, further, ordinances which are beneficial to the city as a whole should not be repealed, even temporarily, for the benefit of one or two property owners. In addition, in regard specifically to the Ketelsen property, if the city makes it possible for that particular piece of property to be used for storage of recreational vehicles, it severely limits the possible future commercial development of the remainder of the Chado property frontage on Kipling. The motion passed unanimously. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS There was no new business to come before the Commission. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner COLLINS to adjourn the meeting at 9:25 p.m. The motion passed unanimously. a4yr2A Zhnit 22z o o NNIARIAN MCNAMEE, Chair 1 Ann Lazzeri, ecordi cretary Planning Commission Page 7 October 4, 2001 of \NHelr City of Wheat Ridge Po Planning and Development Department °(5koRnoo Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 01-06 DATE: September 28, 2001 Attached is an ordinance prepared in response to Council's direction to create legislation addressing the 1,500 feet of separation required between certain kinds of sales, rental, or storage lots. The intent of the 1,500-foot spacing requirement is to limit the proliferation sales, rental and storage lots in the City. These are land uses that take up a considerable amount of commercially zoned property, are difficult to control aesthetically, and provide a small economic benefit to the City. The intent of this spacing requirement should be maintained with any proposed code change. Staff met with the City Attorney and discussed and evaluated several alternatives. Three objectives were used to evaluate the alternatives: 1) minimize the impact of the regulation change, 2) maintain the intent of the spacing requirement, and 3) keep it simple. Many of the alternatives either expanded the potential number of exceptions to the 1,500-foot rule, created a cumbersome process, or re-instituted prior regulations that have been repealed. (One-year "temporary" uses, for example.) For these reasons, the proposed change has a limited scope. It applies only to recreational vehicle storage, sites less than 2.5 acres in size, and is a personal grant of use to the owner. The regulation is effective only until November 19, 2001 at which time it is automatically repealed. This code change provides the opportunity for a limited number of landowners to seek approval of an ancillary storage lot. One issue not addressed in the ordinance is the length of time the approval remains in effect. If such a use is approved for a number of years, it essentially becomes a "temporary" use which was eliminated from the code last year. If such a use is approved in perpetuity, it effectively becomes a use variance or rezoning. The 1,500-foot separation either needs to repealed or maintained. There is no middle ground that addresses all of the concerns of these land uses. C:\MyFiles\WPFiles\Projecn\zoning amendments\1,500 feetwpd 8. NEW BUSINESS A. Separation between car lots This item was introduced by Meredith Reckert. A Wheat Ridge business has indicated a desire for a zoning change in order to be compatible with a temporary use permit that he has had for several years allowing less than a 1500 foot separation between adjacent vehicle storage/display lots. City Council has directed the planning director to come up with a zoning amendment which would address matters such as this and Meredith invited comments from Planning Commission regarding this matter. There was a consensus of the Commission that the existing ordinance was written for good reason and should be left as it is. (Chair McNAMEE declared a brief recess at 8:30 p.m. The meeting was reconvened at 8:40 P.M.) B. 38`h and Depew Property - Meredith Reckert introduced this item. The property owner has expressed interest in developing this site as mixed use. He is proposing the development of townhouses, row houses and some commercial. The property is zoned C-1 and this type of development would have to be a planned development district. This particular proposal does not fit into either the existing PRD or PCD regulations. The planning director and city attorney are presently working on some amendments to the PRD regulations to address situations such as this. Commissioner THOMPSON suggested a separate zone district for situations like this rather than amending the PRD regulations. Commissioner SNOW expressed concern about density and parking issues. 9. 10. 12. COMMISSION REPORTS There were no commission reports. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner COOPER to adjourn the meeting at 9:30 p.m. The motion passed unanimously. 1Y)C1JaAV-e MARIAN McNAMEE, Chair Arm Lazzeri, Record' Vcretary Planning Commission Page 4 September 20, 2001 CITY COUNCIL MINUTES: October 8, 2001 Page - 3 - Item 3. Council Bill 19-2001 - An Ordinance establishing a permit process for recreational vehicle sales lot ancillary storage areas. Council Bill 19-2001 was introduced on first reading by Mrs. Worth, who also read the title. Motion by Mrs. Worth that Council Bill 19-2001 be approved on first reading, ordered published, public hearing be set for Monday, October 22, 2001 at 7:00 p.m. in City Council Chambers, Municipal Building, and if approved on second reading, take effect upon adoption; seconded by Mr. Hanley. Motion by Mrs. Worth to amend the motion to add the word "Special Use" to the title; and under Section 26-114 D. "The recommendation of Planning Commission and the decision of City Council shall be final subject to judicial review"; seconded by Ms. Figlus. Chris Porter, attorney for Ketelsen Campers, spoke in favor of the ordinance. Amendment failed 3-5 with Councilmembers Hanley, Worth, and Figlus voting yes. Vote on main motion failed 3-5 with Councilmembers Hanley, Gokey, and Worth voting yes. Motion by Ms. Figlus to refer this issue to a joint Study Session with the Planning Commission; seconded by Mr. Gokey; carried 8-0. Item 4. Council Bill 20-2001 - An Ordinance amending Sections 26-206, 26-207, 26-208, 26-209, 26-210, 26-211, 26-212, and, 26-611 of the Wheat Ridge Code of Laws pertaining to required setbacks for residential structures and exceptions thereto. Council Bill 20-2001 was introduced on first reading by Mr. Mancinelli, who also read the title, summary and background. Motion by Mr. Mancinelli to postpone this Council Bill to a joint Study Session with Planning Commission on the same Agenda as the previous item; seconded by Mr. Gokey; carried 8-0. Item 5. Council Bill 21-2001 - An Ordinance amending the Wheat Ridge Code of Laws to provide for enforcement of violations of Chapter 26. Council Bill 21-2001 was introduced on first reading by Mrs. Shaver, who also read the title, summary and background. SUBJECT: An Ordinance establishing a permit process for recreational vehicle I sales lot ancillary storage areas. City of Wheat Ridge Planning and Development Department M,.emorandum li-,ec. 26-628.1 Recreational vehicle sales lots: ancillary storage arew� I GED\53027\389656.0 GED\53027 4 READ, ADAPTED AND ORDERED PUBLISHED second anndayfinal vote of t€3 s on r reading by a , 2001. SIGNED by the Mayor on this day of (retchen Cerveny Mayor MOM Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication; Second Publication: Wheat Ridge `transcript Effective Date: 4 c D \5302 \389656.01 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. TITLE: AN ORDINANCE ESTABLISHING A PERMIT PROCESS FOR RECREATIONAL VEHICLE SALES LOT ANCILLARY STORAGE AREAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Recreational Vehicle Ancillary Storage Areas. Chapter 26 • the Wheat Ridge Code of Laws is amended by the addition of a ne%l Section 26-628.1, to read as follows: 1. The property must be contiguous and immediately adjacent to the property upon which is located the recreational vehicle sales lot which the ancillary storage area is proposed to serve. 2. The property must be owned by the same person who owns the recreational vehicle sales lot. 3. The property shall not have a residential zone designation. 4. The property may be used only for storage of unsold inventory recreational vehicles, which vehicles must be owned by the owner of the adjacent recreational vehicle sales lot. 5. No built structures may be constructed or maintained above grade on the property, with the exception of lighting and fencing. GED\530271389656.01 1 6. No sales activity of any kind or nature may be conducted on the property, including without limitation, demonstrations or the showing of vehicles to prospective customers. 7. No portion of the property may be used to meet customer or employee parking requirements applicable to the adjacent recreational vehicle sales lot. Neither customers nor employees of the adjacent recreational vehicle sales lot shall be allowed to park on the property. 8. The property may not exceed 2.5 acres. C. Applicability of Section 26-628: The fifteen hundred (150 foot separation restriction of Section 26-628.1) shall not app to property approved under this Section as an ancilla recreational vehicle storage area, and a special use permit sh not be required. I D. A pproval: The approval of an ancillary recreational vehicle storage area shall be a personal grant of approval to the owner of the property and shall not be transferable to any heirs, successors, or assigns. E. Revocation: On its own motion or upon recommendation of the Director of Planning and Development, the Planning Commission GED\5302713896W01 2 Section 4. Effective Date. immediately upon adoption at second of the Charter. GED\530271389656.01 3 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of - to this day of ,2001. SIGNED • the Mayor • this -- day • First Publication: Second Publication: Wheat Ridge Transcript Effective Date: GEM53027\389656.01 4 PUBLIC HEARING ROSTER CITY OF WHEAT RIDGE PLANNING COMMISSION October 4, 2001 Case No. ZOA-01-06: An ordinance amending Section 26-628.13 of the Wheat Ridge Code of Laws pertaining to 1,500 feet minimum separation between any motor vehicle, farm implement, recreational vehicle, mobile or modular home, motorcycle, boat trailer and equ9pment sales, rental and storage lots in the City. (Please Print) Name Address In Favor/Opposed -c r 2 d 6LILZ7 T1 1/5917 ~ -ZZ s /N Fl d kQvjv 99 ~0 r ~o sery c of wHE,~r City of Wheat Ridge Po Planning and Development Department U m Memorandum TO: Planning Commission FROM: Alan White, Planning and Development Director SUBJECT: Case No. ZOA 01-06 DATE: September 28, 2001 Attached is an ordinance prepared in response to Council's direction to create legislation addressing the 1,500 feet of separation required between certain kinds of sales, rental, or storage lots. The intent of the 1,500-foot spacing requirement is to limit the proliferation sales, rental and storage lots in the City. These are land uses that take up a considerable amount of commercially zoned property, are difficult to control aesthetically, and provide a small economic benefit to the City. The intent of this spacing requirement should be maintained with any proposed code change. Staff met with the City Attorney and discussed and evaluated several alternatives. Three objectives were used to evaluate the alternatives: 1) minimize the impact of the regulation change, 2) maintain the intent of the spacing requirement, and 3) keep it simple. Many of the alternatives either expanded the potential number of exceptions to the 1,500-foot rule, created a cumbersome process, or re-instituted prior regulations that have been repealed. (One-year "temporary" uses, for example.) For these reasons, the proposed change has a limited scope. It applies only to recreational vehicle storage, sites less than 2.5 acres in size, and is a personal grant of use to the owner. The regulation is effective only until November 19, 2001 at which time it is automatically repealed. This code change provides the opportunity for a limited number of landowners to seek approval of an ancillary storage lot. One issue not addressed in the ordinance is the length of time the approval remains in effect. If such a use is approved for a number of years, it essentially becomes a "temporary" use which was eliminated from the code last year. If such a use is approved in perpetuity, it effectively becomes a use variance or rezoning. The 1,500-foot separation either needs to repealed or maintained. There is no middle ground that addresses all of the concerns of these land uses. C\MyFiles\WPFiles\Pmjects\zoning amendments\1,500 feetwpd 8. NEW BUSINESS A. Separation between car lots - This item was introduced by Meredith Reckert. A Wheat Ridge business has indicated a desire for a zoning change in order to be compatible with a temporary use permit that he has had for several years allowing less than a 1500 foot separation between adjacent vehicle storage/display lots. City Council has directed the planning director to come up with a zoning amendment which would address matters such as this and Meredith invited comments from Planning Commission regarding this matter. There was a consensus of the Commission that the existing ordinance was written for good reason and should be left as it is. (Chair McNAMEE declared a brief recess at 8:30 p.m. The meeting was reconvened at 8:40 P.M.) B. 38th and Depew Property - Meredith Reckert introduced this item. The property owner has expressed interest in developing this site as mixed use. He is proposing the development of townhouses, row houses and some commercial. The property is zoned C-1 and this type of development would have to be a planned development district. This particular proposal does not fit into either the existing PRD or PCD regulations. The planning director and city attorney are presently working on some amendments to the PRD regulations to address situations such as this. Commissioner THOMPSON suggested a separate zone district for situations like this rather than amending the PRD regulations. Commissioner SNOW expressed concern about density and parking issues. 9. COMMISSION REPORTS There were no commission reports. 10. COMMITTEE AND DEPARTMENT REPORTS There were no committee and department reports. 12. ADJOURNMENT It was moved by Commissioner SNOW and seconded by Commissioner COOPER to adjourn the meeting at 9:30 p.m. The motion passed unanimously. MARIAN McNAMEE, Chair Ann Lazzeri, Recording Secretary Planning Commission Page 4 September 20, 2001 NOTICE OF PUBLIC BEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on October 4, 2001 at 7:30 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. ZOA-01-06: An ordinance amending Section 26-628.1) of the Wheat Ridge Code of Laws pertaining to the fifteen hundred (1500) feet minimum separation between any motor vehicle, farm implement, recreational vehicle, mobile or modular home, motorcycle, boat trailer and equipment sales, rental and storage lots in the City. Kathy Field, Senior Secretary ATTEST: Wanda Sang, City Clerk To be Published: September 27, 2001 Wheat Ridge Transcript C:\Katlry\PCRPTS\PLANGCOM\PUBHRG\011004pub3.wpd Mar-22-2001 02:52pm From-LAW OFFICES 3034214309 CHRIS A. PORTER ATTORNEY AT LAW 4465 KIPLING STREET WHEAT R=F, COLORADO 80033 (303)424.4443 FAX (303) 421-4309 E-MAR.: ATrYCPORTER®AOL.COM March 22, 2001 TransmHted no Finandle. 303-235-2857 Mr. Alan White Ms. Meredith Reckert Mr. Travis R. Crane Planning Department City of Wheat Ridge BE: Ketelsen Campers of Colorado Dear Ladies and Gentlemen: T-754 P.001/005 F-961 As you know, I have been the attorney for Ketelsen Campers of Colorado for many years. I am writing you concerning approximately 2.26 acres of land located south of my client's principal place of business at 9870 West I-70 Service Road South. In October of 1997 the Board of Adjustment did grant a temporary use permit to my client to allow RV storage on the subject property and the property has been utilized for such storage since that date. Although we had always expected development of the surrounding land bordered by 40 Avenue and Kipling Street to assist us is determining appropriate rezoning and in the interest of avoiding unnecessary process and consumption of time in the City, we held off until recently on our rezoning effort. I have worked largely with Meredith in the past and I am sure she will agree that we have been reasonable, cooperative and always compliant. When we recently scheduled a meeting to start the process of rezoning, I was surprised to receive a notice from Travis Crane dated February 23, 2001 which was tendered to me in our meeting on February 26, 2001 requiring that we immediately remove campers from the subject parcel. Since that date we have retained MMhael G. Pharr to assist us in the planning and rezoning process but, unfortunately, we are in need of a meeting with all of you so that we can determine the best way to proceed. I have had discussions with the brokers who are currently involved in the marketing of the adjoining property and believe that development is eminent, but it is clear that you would like us to Mar-22-2001 02:53pm From-LAW OFFICES 3034214309 T-754 P.002/005 F-961 W. Alan White Ms. Meredith Reckert Mr. Travis R. Crane March 22, 2001 Page Two go forward with our rezoning immediately. You are aware that I left phone messages with all of you last week but due to vacation schedules and other scheduling matters, we were not able to get together until this past Monday when I did speak with Travis Crane and he promptly assisted us in tentatively scheduling a meeting for Thursday, March 22, 2001 but, unfortunately, in the interim I learned that our planner had scheduled a confimung meeting that could not be rescheduled I immediately called Travis back on Monday afternoon but, unfortunately, his busy schedule has not allowed him to reschedule another meeting with all parties. At this time my client is faced with the extremely difficult prospect of having to relocate approximately 200 campers on to other portions of his property and/or rental of other property for storage of the campers. To the best of my knowledge, the storage that has mated continuous since 1997 has not bothered, offended, or in any way detrimentally impacted any of my client's neigbbors. The only immediate neighbor of the subject property is Pennington Elementary and as evidenced by the enclosed letters from the school principal and PTA president, it is clear that they are fully in support of my client's current use of the property. We have even received feedback indicating that the recreational vehicle storage provides a safe buffer for the children from the unattended property lying to the west, as well as any retail/commercial development that might occur in the future. In addition to the support provided by my client to the Pennington community, you will find that my cheat has been active and supportive of numerous other activities throughout Wheat Ridge, all of which can be verified with various members of your City Council. My client would like to stay in the City of Wheat Ridge, but, unfortunately, my client is in dire need of the subject parcel for storage of its inventory. The problem is exacerbated at this time of year as my client has already taken delivery of most of this years inventory which will not be delivered to its customers until on or after Memorial Day. I am asking you to allow my client to keep these campers where they currently are while we work with you diligently to submit a site plan and accomplish the desired rezoning. I can assure you that you have my client's attention and that we will move as quickly as possible to conclude the process. I apologize for any misunderstanding about the vehicle storage that continued after the permit expired but do not see that there has been any negative impact on anyone, including the City. Mar-22-2001 02:53pm From-LAW OFFICES 3034214309 T-754 P.003/005 F-961 Mr. Alan white Ms. Meredith Reckert Mr. Travis R. Crane March 22, 2001 Page Three Would you please contact me at your earliest convenience as my client would like to have some indication of how to proceed before the thirty day demand earlier provided lapses next Monday. Thank you for your cooperation and consideration in this regard. CAP/kb Enclosure Mar-22-2001 02:53pm From-LAW OFFICES .tare, r- - vn... 3034214309 T-754 P.004/005 F-961 JEFFERSON COUNTY PUBLIC SCHOOLS PENNINGTON ELEMENTARY SCHOOL 4545 Independence Street Wheat Ridge, Colorado 80033 December 1, 2000 To: Wheat Ridge City Council I understand that there is a possible rezoning of the land that Ketelsen Campers of Colorado currently occupies. This rezoning would possibly affect the business as it operates today. On behalf of Pennington Elementary School I would like to inform you of the positive impact that Randy Ketelsen has made on the Pennington community. Randy Ketelsen has supported the Pennington community by: • Donating money to support events such as Breakfast with Santa and our At-Risk funding. • Donating items for our school raffle. • Attending special events and programs, and staying in touch with the community. • Coordinating events that support our community. • Providing supplies and items that assist us with special events. Randy Ketelsen has generously given back to the community as a businessman and a philanthropist. Pennington Elementary greatly appreciates all the support he has bivcn to assist in our goal of creating a successful fixture for our students. Sincerely, Todd Fukai Principal, Pennington Elementary OUR MISSION: To provide a quality education that prepares all children for a successful future December 5, 2000 City of Wheat Ridge 7500 W 29th Avenue Wheat Ridge, CO 80215 To whom it may concern, Recently I was advised that the City of Wheat Ridge was looking at the possibility of rezoning an area around the 1-70 Frontage Road and Independence- Though I am not complete on all the specifics, this did raise a concern. I am writing to you as not only a member of the community but also a Pennington Elementary PTA officer. Our school is located in this area, along with a business our school thinks very highly of. Kettleson Campers, under the direction of Randy Kietteeson for numerous years has been extremely involved with our school. Not only has Kettleson been a financial contributor for our PTA, but personally has taken the time to visit Pennington and speak with the staff and students. This day in age it is extremely difficult to bring Businesses and Schools together. Our community is luck to have Kettleson Campers in the location it is and do not believe that rezoning this area would be of any benefit. At this moment I am just one person speaking. However, should Kettleson Campers need the support from our school to be able to stay in there current location, then I am willing to petition such an action. I thank you for your time and certainly hope that Kettleson Campers will be able to stay right where they belong. Respec ully, r K1m Egg I n PTA President Pennington Elementary Mar-22-2001 02:54pm From-LAW OFFICES 3034214309 T-754 P.005/005 F-961