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Home My WebLink About20073517.tiff HEARING CERTIFICATION DOCKET NO. 2007-69 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1618 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (DANCE AND GYMNASTICS STUDIO) IN THE A (AGRICULTURAL) ZONE DISTRICT - JUSTIN AND JENNIFER FRANK A public hearing was conducted on September 19, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick County Attorney, Bruce Barker Planning Department representative, Hannah Hippely Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated August 30, 2007, and duly published September 5, 2007, in the Fort Lupton Press, a public hearing was conducted to consider the request of Justin and Jennifer Frank for a Site Specific Development Plan and Use by Special Review Permit#1618 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts(dance and gymnastics studio)in the A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record. Hannah Hippely, Department of Planning Services,presented a brief summary of the proposal,entered the favorable recommendation of the Planning Commission into the record as written, and gave a brief description of the location of the site. She stated 11 referral agencies reviewed the proposal, all of which indicated no conflict with their interests or provided comments which are addressed in the Conditions of Approval and Development Standards. Ms. Hippely also displayed photographs of the site and surrounding land uses. Char Davis, Department of Public Health and Environment, stated the site receives water from the Town of Johnstown, and a septic system will handle the effluent flow. She stated the applicant needs to provide evidence of a permitted septic system for the dance studio. In response to Commissioner Jerke, Ms. Davis stated there is no permit on record for the dance studio; however, there is a permit for the septic system connected to the residence. She stated the residential system will be too small to serve the proposed 160 students; if a septic system does exist for the dance studio, it will need to be properly permitted; and there appears to be adequate room for a second system on the site. Responding to Commissioner Garcia, Ms. Davis stated the applicants have indicated they do not want to annex to the Town of Johnstown, and they will not be allowed to connect to public sewer unless the site is annexed. 2007-3517 ee ; r��/ 7)1; )e/i4 /6 ov124 HEARING CERTIFICATION - JUSTIN AND JENNIFER FRANK (USR #1618) PAGE 2 Donald Carroll, Department of Public Works,stated the site is accessed from County Road 15,also known as Telep Avenue. He stated the access and parking area are surfaced with recycled gravel, and there is adequate site drainage using the existing curb and gutter along Telep Avenue, south to State Highway 60. He further stated there is adequate parking for 42 vehicles, and the applicant is proposing one or two-hour classes, therefore, staff does not anticipate a large number of vehicles will be on the site at one time. Justin and Jennifer Frank, co-applicants,were present to answer questions. Mr. Frank stated they contacted a consulting firm to review the septic system and found the dance studio is linked to the existing residential septic system. He requested the current arrangement be allowed, with the requirement to monitor the system. Ms. Davis stated the existing septic system was permitted in 1974 for a three-bedroom home, and the required system size is based on percolation data and the number of people anticipated to use the system during an eight-hour period; however, a final determination will be made by septic staff in the Department of Public Health and Environment. Mr. Frank stated they were not aware of the septic arrangement when the property was purchased in February. Commissioner Jerke suggested requiring a new septic system or a review by an engineer. Ms. Davis stated that requirement is addressed in Condition of Approval #1.F. In response to Commissioner Rademacher, Mr. Frank stated there are surrounding properties which are still in the County, and although they would prefer to annex, it is not financially feasible at this time. No public testimony was offered concerning this matter. In response to Chair Long, the applicants indicated they have reviewed, and concur with, the Conditions of Approval and Development Standards, as proposed. Commissioner Garcia moved to approve the request of Justin and Jennifer Frank for a Site Specific Development Plan and Use by Special Review Permit #1618 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (dance and gymnastics studio)in the A(Agricultural)Zone District, based on the recommendations of Planning staff and the Planning Commission,with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion,the hearing was completed at 10:20 a.m. 2007-3517 PL1924 HEARING CERTIFICATION - JUSTIN AND JENNIFER FRANK (USR #1618) PAGE 3 This Certification was approved on the 24th day of September 2007. APPROVED: BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO ATTEST: 1,4// J La aJ David E. Long, Chai Weld County Clerk to the are "' a Iasi .,0 I t-- /�� : :(7i2/2-1-7/#1 ~� illiam H. Jerke Pro-Tem BY: l �G%! � ��i �� j Deputy Crerk to the Boar H - (�(� C-- Wil m F. Garcia TAPE #2007-27 k �'�✓r Robert D. Masden DOCKET#2007-69 � ,��r C�4 C �.s r Thougla?Rademach r 2007- 3517 PL1924 EXHIBIT INVENTORY CONTROL SHEET Case USR#1618 - JUSTIN AND JENNIFER FRANK Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 07/17/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Kerr-McGee Letter of Support, dated 08/09/2007 F. Planning Staff Certification and Photo of sign posting G. H. J. K. L. M. N. O. P. Q. R. S. T. U. 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