HomeMy WebLinkAbout20060112.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1513 FOR A RECREATIONAL FACILITY(WITH USES SIMILAR TO THOSE
SEEN AT GUEST FARMS AND FAIRGROUNDS) IN THE A (AGRICULTURAL) ZONE
DISTRICT- JOE AND CHRIS MILLER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners held a public hearing on the 25th day of
January, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of Joe and Chris Miller, 13912 Weld County Road 19,Platteville,Colorado 80651,for
a Site Specific Development Plan and Use by Special Review Permit #1513 for a Recreational
Facility(with uses similar to those seen at guest farms and fairgrounds)in the A(Agricultural)Zone
District on the following described real estate, being more particularly described as follows:
Lots A and B of Recorded Exemption #2617; being
part of the W1/2 NW1/4 of Section 27, Township 3
North, Range 67 West of the 6th P.M.,Weld County,
Colorado
WHEREAS, said applicant was present at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented in this mailer and,having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter 22 and
any other applicable code provisions or ordinance in effect.
Section 22-2-60.A-3(A.Policy 1.3)states,"Allow commercial and industrial
uses,which are directly related to,or dependent upon agriculture,to locate
within the A (Agricultural) Zone District when the impact to surrounding
properties is minimal, and where adequate services and infrastructure are
currently available or reasonably obtainable".
b. Section 23-2-230.B.2--The proposed use is consistent with the intent of the
A (Agricultural) Zone District. Sections 23-3-40.C.5, 23-3-40.C.6, and
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SPECIAL REVIEW PERMIT#1513 - JOE AND CHRIS MILLER
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23-3-40.V of the Weld County Code provide for guest farms,fairgrounds and
similar uses as a Use by Special Review in the A(Agricultural)Zone District.
c. Section 23-2-230.6.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding properties are
agricultural in nature. The Conditions of Approval and Development
Standards will mitigate negative impacts on surrounding properties.
d. Section 23-2-230.B.4--The uses which will be permitted will be compatible
with future development of the surrounding area as permitted by the existing
zoning and with the future development as projected by Chapter 22 of the
Weld County Code and any other applicable code provisions or ordinances
in effect,or the adopted Master Plans of affected municipalities. The site lies
within the three-mile referral area for the Towns of Mead, Firestone, and
Platteville. In a referral response dated April 29, 2005, Mead indicated no
conflict with its interests. No referrals were received from the Towns of
Firestone and Platteville.
e. Section 23-2-230.B.5 -- The site does not lie within any Overlay Districts.
Effective January 1,2003, building permits issued on the lot will be required
to adhere to the fee structure of the County-Wide Road Impact Program.
f. Section 23-2-230.6.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is designated as "Irrigated Not Prime" by the United States
Department of Agriculture (U.S.D.A) Soil Conservation Service. The
agricultural activities on the property are an important part of the proposed
use.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240, Weld
County Code),Operation Standards(Section 23-2-250,Weld County Code),
Conditions of Approval,and Development Standards ensure that there are
adequate provisions for the protection of the health,safety,and welfare of the
inhabitants of the neighborhood and County.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the application of Joe and Chris Miller fora Site Specific Development Plan
and Use by Special Review Permit#1513 fora Recreational Facility(with uses similar to those seen
at guest farms and fairgrounds)in the A(Agricultural)Zone District on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. The applicant shall submit written evidence
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SPECIAL REVIEW PERMIT#1513 - JOE AND CHRIS MILLER
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of approval to the Department of Planning Services. The plan shall include,
at a minimum, the following:
1) A list of wastes which are expected to be generated on the site(this
should include expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
B. The Environmental Health Services Division of the Department of Public
Health and Environment was unable to locate a septic permit for the septic
system serving the existing market-greenhouse structure. The septic
system shall be reviewed by a Colorado registered professional engineer.
The review shall consist of observation of the system and a technical review
describing the system's ability to handle the proposed hydraulic load (the
original use and seven(7)employees).The review shall be submitted to the
Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be
inadequately sized or constructed, the system shall be brought into
compliance with current regulations. Evidence of approval shall be
submitted to the Department of Planning Services.
C. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of approval shall
be submitted to the Department of Planning Services.
D. In accordance with Section 23-2-250.D of the Weld County Code, the
applicant shall submit a Lighting Plan to the Department of Planning Services
for review and approval. The Plan shall include adequate lighting that can be
made available for people inside the corn maze in case of an emergency
situation.
E. The applicant shall submit a written proposal to the Department of Planning
Services, indicating how they plan to address the concerns of Duke Energy
Field Services, as indicated in a referral dated June 2, 2005.
F. The applicant shall meet with the Weld County Sheriff's Office to discuss
security and traffic concerns.
G. The Platte Valley Soil Conservation District has provided information
regarding the soils on the site. The applicant shall review the information and
use it to positively manage on-site soils.
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H. The applicant shall address the requirements and concerns of the Colorado
Department of Transportation (CDOT), as stated in the referral response
dated May 6, 2005. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services.
Traffic currently accesses directly onto State Highway 66 from the site.The
applicant shall submit a plan to ensure that traffic does not utilize this access
to the site. Evidence of approval from CDOT and the Department of Public
Works shall be submitted to the Department of Planning Services.
J. The access onto Weld County Road 19, near the intersection of State
Highway 66 and Weld County Road 19, shall be closed permanently.
Evidence of closure shall be submitted to the Department of Public Works
and CDOT. Evidence of acceptance shall be submitted to the Department
of Planning Services.
K. All vehicles located on the property must be operational,with current license
plates,or be screened from all adjacent properties and public rights-of-way,
or be removed from the property. All other items considered to be part of a
noncommercial junkyard must also be removed from the property or
screened from adjacent properties and public rights-of-way.
L. The applicant shall submit written evidence to the Weld County Department
of Planning Services, verifying that the occupant of the mobile home
permitted by ZMPH#466, for temporary accessory farm use, is principally
employed at,or engaged in,the farming operation on the subject property in
accordance with Section 24-4-170 of the Weld County Code. The evidence
shall consist of tax records, employment agreements, or other
documentation as determined suitable by the Weld County Department of
Planning Services. Failure to submit the required documentation may result
in the cessation of the allowance of the mobile home for temporary
accessory farm use.
M. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1513.
2) The plat shall meet all requirements as listed in Section 23-2-260.D
of the Weld County Code.
3) The attached Development Standards.
4) The approved Landscaping and Screening Plan as approved by the
Board of County Commissioners.
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SPECIAL REVIEW PERMIT#1513 - JOE AND CHRIS MILLER
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5) Weld County Road 19 is designated on the Weld County Road
Classification Plan as a collector status road,which requires 80 feet
of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 40 feet from the centerline of Weld County
Road 19 shall be delineated on the plat as right-of-way reservation for
future expansion of Weld County Road 19. This road is maintained
by Weld County.
6) State Highway 66 requires 200 feet of right-of-way at full build out. A
total of 100 feet from the centerline of State Highway 66 shall be
delineated as right-of-way reservation for future expansion.
7) The existing access onto State Highway 66 shall be utilized for
residential use only.
8) One access shall be utilized off of Weld County Road 19 for the
facility. The applicant should consider berming or landscaping the
entire frontage adjacent to the parking lot along Weld County Road 19
to define approved accesses. The existing condition is unsafe with
uncontrolled accesses.
9) The north parking area, directly south of the residence and west of
the irrigation ditch,shall be identified as a market and parking area.
The overflow parking/larger parking area is located east and south of
the irrigation ditch, parallel to Weld County Road 19. The applicant
shall delineate on both parking areas, the parking layout and
circulation pattern, providing adequate parking for vehicles and
school buses.
10) The applicant shall widen the access road to 24 feet to
accommodate two-way traffic in both directions.
N. The applicant shall complete all proposed improvements, including
landscaping, lighting, access and road upgrades, and parking lot
requirements,or enter into an Improvements Agreement According to Policy
Regarding Collateral for Improvements,and post adequate collateral for all
required materials. The agreement and form of collateral shall be reviewed
by the Department of Planning Services and accepted by the Board of
County Commissioners prior to recording the Use by Special Review plat.
O. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
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SPECIAL REVIEW PERMIT#1513 - JOE AND CHRIS MILLER
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by the Department of Planning Services. The plat shall be prepared in accordance
with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar
plat and additional requirements shall be submitted within thirty(30)days from the
date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance 2005-7,approved June 1, 2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall added for each additional three (3) month period.
4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is .tif(Group 4).(Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
5. Prior to the issuance of the Certificate of Occupancy:
A. Any new intended usage of existing buildings will require compliance with all
requirements in accordance with all building codes.
B. The applicant shall submit evidence that they have an insurance policy
written by an insurance company authorized to do business in the State of
Colorado, or by a Surplus Lines insurer, in an amount of not less than
$100,000 per occurrence, with a $300,000 annual aggregate for Class A
amusement rides (as designated by the Department of Labor and
Employment) and all other recreational amenities, insuring the owner or
operator against liability for injury to persons arising out of the use of the
amusement rides.
6. Prior to operation:
A. A Stormwater Discharge Permit may be required for a development/
redevelopment/construction site where a contiguous or non-contiguous land
disturbance is greaterthan,or equal to,one acre in area. The applicant shall
inquire with the Water Quality Control Division (WQCD) of the Colorado
Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a
Stormwater Discharge Permit. Alternately, the applicant can provide
evidence from the WQCD that they are not subject to these requirements.
7. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued on the property, until the Use by Special Review plat is ready to
be recorded in the office of the Weld County Clerk and Recorder.
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SPECIAL REVIEW PERMIT#1513 - JOE AND CHRIS MILLER
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on ttie 5th day of January,A.D., 2006.
,1. b F 1 BOARD OF COUNTY COMMISSIONERS
It , /
lJ ,WELD CO - I , COLORADO
ATTEST: � %, �r f �.,��� .1.i.i
. . Geile, Chair
Weld County Clerk to the i 1 crt�
David E. Long, Pro-Tem
BY:c, Aii `
Duty Clerk to the Boar V-Z, j kit-,
William H. Jerke
AP V AST "" '-" ,p
Robert
�Mas�
my Att "ney
i, ,ad-A
Glenn Vaaa
Date of signature: /1-Ii ILA'
2006-0112
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOE AND CHRIS MILLER
USR#1513
1. The Site Specific Development Plan and Use by Special Use Permit #1513 is for a
Recreational Facility(with uses similar to those seen at guest farms and fairgrounds)in the
A(Agricultural)Zone District,as indicated in the application materials on file and subject to
the Development Standards stated hereon.
2. The site is limited to a giant air slide,jumping castle,on-the-farm market, picnic area, play
set(slide and swing set), hay maze, corn maze, petting zoo, dirt pile, hay rides, miniature
golf, you-pick produce, train and fire truck ride, haunted corn maze, haunted hayrides,
wedding receptions, birthday parties, and Christmas tree and wreath sales. Temporary
Assemblage Permits will be required for overnight camping.
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
4. The applicant shall maintain compliance with the Department of Labor and Employment,Oil
and Public Safety, Section 7CCR 1101-12 of the Carnivals and Amusement Parks
Regulations, at all times.
5. The applicant shall have an insurance policy written by an insurance company authorized
to do business in the State of Colorado, or by a Surplus Lines insurer, in an amount of not
less than $100,000 per occurrence, with a $300,000 annual aggregate for Class A
amusement rides(as designated by the Department of Labor and Employment)and all other
recreational amenities, insuring the owner or operator against liability for injury to persons
arising out of the use of the amusement ride.
6. Should the applicant place any Class B amusement rides on the site(as designated by the
Department of Labor and Employment), he shall obtain an insurance policy written by an
insurance company authorized to do business in the State of Colorado, or by a Surplus
Lines insurer, in an amount of not less than $1 million per occurrence, insuring the owner
or operator against liability for injury to persons arising out of the use of the amusement ride.
7. Any use not specifically listed in the application material or shown on the plat must be
submitted to the Department of Planning Services to determine if the use would constitute
a substantial change to the approved Use by Special Review Permit. Substantial changes
will require an amendment to the permit.
8. Effective January 1,2003,building permits issued on the lot will be required to adhere to the
fee structure of the County-Wide Road Impact Program.
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9. The hours of operation are from 9:00 a.m. to 10:00 p.m., seven (7) days a week, as
indicated in the application material for the following time periods:
Spring Festival — May though June
Fall/Winter Festival — September 10th through Christmas
Overnight Camping/Special Events—A Temporary Assemblage Permit shall be applied for
and approved by the Board of County Commissioners prior to the use of the site for
Overnight Camping/Special Events, regardless of the number of people. There will be no
more than one special event a month consistent with the Use by Special Review seasons.
10. The maximum number of employees on the site at any one time shall be seven (7).
11. No uses outlined in the application material shall be conducted outside of this Use by Special
Review boundary.
12. The landscaping on the site shall be maintained in accordance with the approved
Landscape/Screening Plan.
13. In the event Weld County or any other governmental authority exercises its right to expand
Weld County Road 19 or State Highway 66 into the rights-of-way noted on this Use by
Special Review, and such expansion requires the demolition, destruction, alteration, or
taking of any improvements existing on the subject property as of the date this Use by
Special Review is recorded, the owner of the subject property shall be entitled to just
compensation as determined in an eminent domain proceeding for such property and its
improvements. This requirement shall be binding upon the parties regardless of the legal
effect of whether the subject rights-of-way are "reserved" or"dedicated".
14. The applicant shall remove, handle, and stockpile manure from the livestock area in a
manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist
or deteriorate to a condition that facilitates excessive odors,flies, insect pests,or pollutant
runoff.
15. Animal and feed wastes, bedding,debris and other organic wastes shall be disposed of so
vermin infestation, odors, disease hazards, and nuisances are minimized.
16. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
17. No permanent disposal of wastes shall be permitted at this site. This is not meant to include
those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
18. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
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DEVELOPMENT STANDARDS - CHRIS AND JOE MILLER (USR#1513)
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19. The applicant shall operate in accordance with the approved Waste Handling Plan.
20. No on-site disposal of produce of any type shall be permitted at anytime. Produce shall be
handled and stored at the facility in such a manner that no nuisance is created by odor,
blowing of debris, fugitive dust, or spoiled produce on, or around, the facility.
21. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility
shall be operated in accordance with the approved Dust Abatement Plan at all times.
22. This facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone District as delineated in Section 25-12-103, C.R.S.
23. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility. The facility shall utilize portable toilets and self-contained hand washing units for
up to six (6) months.
24. A hand wash station, with soap and paper towels, shall be set up in close proximity to the
Petting Zoo, and shall be available for use by the public at all times.
25. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
26. Water shall be available to patrons at all times. The facility shall supply bottled water or
utilize the existing public water supply, Central Weld County Water District.
27. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
28. If applicable,the applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments. If a food vendor is
selling food on the site,the applicant is responsible to ensure that the vendor has a current
Food Service License.
29. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
30. Individual building permits are required for the following:
a. Any structural, mechanical, plumbing or electrical work that does not meet the
exceptions to Section 105 of the 2003 International Building Code is required to have
a building permit for its intended use. This includes temporary structures that
exceed 120 square feet in use for gathering ten (10) or more people together.
b. A Change in Use Permit is required for any existing building that will be used or
occupied by the public as part of the permitted Use by Special Review. Buildings
that require a change in use will be required to comply with all requirements of the
Building Department for the new intended use.
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31. An Individual Sewage Disposal System(I.S.D.S.)is required and shall be installed according
to the Weld County I.S.D.S. Regulations. The septic system is required to be designed by
a Colorado registered professional engineer according to the Weld County I.S.D.S.
Regulations.
32. A plan review is required for each building forwhich a building permit is required. Plans shall
include a floor plan and two complete sets of plans are required when applying for each
permit. New construction,such as the barn,will require an engineered foundation based on
a Site-Specific Geotechnical Report,or an open hole inspection performed by a Colorado
registered engineer. Plans for the barn shall bear the wet stamp of an engineer or architect
licensed by the State of Colorado. Engineered foundations shall be designed by a Colorado
registered engineer. The applicant shall provide plans to the Platteville/Gilcrest Fire
Protection District for its review and approval.
33. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2003
International Building Code;2003 International Mechanical Code;2003 International Plumbing
Code; 2003 International Fuel Gas Code; and the 2002 National Electrical Code and
Chapter 29 of the Weld County Code. Prior to each event, the electrical shall be installed
and inspected according to Article 525 of the 2002 National Electric Code for portable wiring
and equipment for carnivals, fairs, and similar events.
34. Building height shall be measured in accordance with the 2003 International Building Code
for the purpose of determining the maximum building size and height for various uses and
types of construction, and to determine compliance with the Bulk Requirements in
Chapter 23 of the Weld County Code. Building height shall be measured in accordance with
Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are measured to the farthest
projection from the building.
35. The historical flow patterns and run-off amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm run-off.
36. The property owner shall allow any mineral owner the right of ingress or egress for the
purposes of exploration development,completion, recompletion, re-entry, production and
maintenance operations associated with existing or future operations located on these
lands.
37. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
38. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
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39. Weld County Government personnel shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
40. The Use by Special Review area shall be limited to the plans shown hereon,and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
41. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
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