HomeMy WebLinkAbout20063458.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY
SPECIAL REVIEW PERMIT #1282 FOR AN AGRICULTURAL SERVICE
ESTABLISHMENT, INCLUDING LIVESTOCK CONFINEMENT OPERATIONS
(11,240 HEAD OF CATTLE, A DAIRY OPERATION,AND 20 HORSES-AMENDED TO
INCLUDE AN ADDITIONAL MILK PARLOR, OFFICE/SCALE HOUSE, AND
ADDITIONAL PENS ASSOCIATED WITH THE OPERATION, AND REMOVING THE
LIMIT OF 2,000 DAIRY CATTLE OUT OF THE 11,240-HEAD TOTAL), IN THE
A(AGRICULTURAL) ZONE DISTRICT - JOHN JOHNSON
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 20th day of
December,2006,at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing
the application of John Johnson,23016 Weld County Road 74, Eaton, Colorado 80651,for a Site
Specific Development Plan and Second Amended Use by Special Review Permit#1282 for an
Agricultural Service Establishment, including Livestock Confinement Operations(11,240 head of
cattle,a dairy operation,and 20 horses-amended to include an additional milk parlor,office/scale
house,and additional pens associated with the operation,and removing the limit of 2,000 dairy cattle
out of the 11,240-head total), in the A(Agricultural)Zone District on the following described real
estate, being more particularly described as follows:
Lot B of Amended Recorded Exemption #499, and
Lot B of Recorded Exemption#3535;being part of the
N1/2 and part of the N1/2 SW1/4 of Section 1,
Township 6 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, said applicant was represented by Dusty McCormick and Thomas Haren,
AGPROfessionals, LLC,4350 State Highway 66, Longmont,Colorado 80504,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 recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter 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:
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2ND AMENDED USE BY SPECIAL REVIEW PERMIT#1282 - JOHN JOHNSON
PAGE 2
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.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 are currently available and
reasonably obtainable. Agricultural businesses and industries will be
encouraged to locate in areas that minimize the removal of agricultural land
from production." There is an existing dairy currently operating at the site.
The proposed amendment is to include an additional milk parlor (one
presently exists on site), an office/scale house and additional pens. The
proposed amendment will expand the boundaries of the Use by Special
Review(USR)from a total of 136.6 acres to 201.79 acres. The additional
proposed acreage will include a calving operation (calving huts) at the
western end(adjacent to Weld County Road 47)and a manure storage area
(compost area) at the eastern end. The total number of cows associated
with the operation will not increase, however, this proposed permit
amendment will not limit the number of dairy cows to 2,000 total(no limit is
proposed)as originally approved under Amended USR-1282.
b. Section 23-2-230.6.2--The proposed use is consistent with the intent of the
A(Agricultural)Zone District. Section 23-3-40 B.16 of the Weld County Code
provides for livestock confinement operations(dairies)as a Use by Special
Review in the A(Agricultural) Zone District.
c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. The site is agricultural in character,
with existing residences located in close proximity to the east and south of
the site. There are three existing residences located within 500 feet east of
the site (across the Greeley No. 2 Canal), there are also two existing
residences located adjacent to,and across the street from,the feed storage
and composting area for the dairy. There is another existing residence
located approximately one-eighth of a mile to the south of the operation.
Feed storage and manure storage (compost) areas have expanded
approximately 1,200 feet to the south since AMUSR-1282 was approved in
2003. Although the number of cows associated with the operation has not
increased, the number of employees associated with the business has
increased substantially from a total of nineteen (19) employees, originally
approved under AMUSR-1282, to a total of one-hundred (100)employees
proposed for the dairy operation under this application. The applicant is
required to submit a Landscape and Screening Plan demonstrating how they
have mitigated the impact to the neighboring residences. The applicant will
be required to adhere to specific Development Standards imposed by the
County,as well as Confined Animal Feeding Operation(CAFO)Regulations.
This will ensure the facility is operating in compliance with numerous
conditions which would not be required for a facility operating as a Use by
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Right. The Conditions of Approval and Development Standards will ensure
that the operation is compatible with existing surrounding land uses.
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 is
not located within the three-mile referral area of any municipalities.
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 proposed lots will
be required to adhere to the fee structure of the County-Wide Road Impact
Program. Effective August 1, 2005, building permits issued on the subject
site will be required to adhere to the fee structure of the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee.
f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The majority of the site is designated "Prime"with a portion of the site
designated as "Irrigated Non-prime" according to the U.S.D.A. Soil
Conservation Map,dated 1979. Dairy facilities are considered an agricultural
related 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 John Johnson for a Site Specific Development Plan and
Second Amended Use by Special Review Permit#1282 for an Agricultural Service Establishment,
including Livestock Confinement Operations(11,240 head of cattle,a dairy operation,and 20 horses
-amended to include an additional milk parlor,office/scale house,and additional pens associated
with the operation, and removing the limit of 2,000 dairy cattle out of the 11,240-head total), 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. Each sheet of the plat shall be labeled 2nd AMUSR-1282.
B. The applicant shall provide the Weld County Departments of Public Works
and Planning Services with a detailed access,site circulation, loading, and
parking plan for review and approval. Written evidence of approval by the
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Department of Public Works shall be submitted to the Department of
Planning Services.
C. The applicant shall submit a Landscape Plan/Screening Plan to the
Department of Planning Services for review and approval. The applicant
shall place"plant material"or other acceptable screening material to mitigate
the impacts of the facility from adjacent properties to the south and west of
the site. Further,the applicant shall adhere to all landscape requirements of
Sections 23-3-350.G.1 and 23-3-350.G.2 of the Weld County Code. Upon
approval, the Landscape Plan shall be placed on the plat.
D. The applicant has not indicated that there will be any lighting on the site. If
lighting is intended a Lighting Plan,including cut sheets of the intended lights,
shall be provided to the Department of Planning Services for review and
approval. The Lighting Plan shall adhere to the lighting requirements for
off-street parking spaces, per Section 23-4-30.E of the Weld County Code,
and shall adhere to the lighting standards, in accordance with
Sections 23-3-360.F and 23-2-250.D of the Weld County Code. Further,the
approved Lighting Plan shall be delineated on the plat.
E. The applicant shall work with the Weld County Department of Public Works
to minimize accesses that are not crucial to the operation, including a plan
to reduce the number of accesses to a safe number upon the paving of Weld
County Road 47. Any accesses not required shall be removed and not be
indicated on the plat. Written evidence of such shall be provided to the
Department of Planning Services.
F. The applicant shall enter into an Improvements Agreement According to
Policy Regarding Collateral for Improvements and post adequate collateral
for all required materials (parking and landscaping improvements). The
agreement and form of collateral shall be reviewed by County staff and
accepted by the Board of County Commissioners prior to recording the plat.
G. The applicant shall enter into a Road Maintenance and Improvements
Agreement for applying a dust suppressant chemical on Weld County
Road 47 adjacent to the USR.
H. The applicant has not delineated any on-site sign(s). If on-site sign(s)are
desired, the signs shall adhere to Chapter 23, Article IV, Division 2, of the
Weld County Code as it related to signs in the A(Agricultural)Zone District.
Further,the location of the sign,if applicable,shall be delineated on the plat.
The applicant shall provide documentation, prepared by a Colorado
registered professional engineer,that all wastewater impoundments for the
Confined Animal Feeding Operation(CAFO)meet seepage rate standards
of Colorado Water Quality Control Commission Regulation 81 [81.5(2)].
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J. The applicant shall provide evidence that a Standard Operating Procedure
for sludge and manure removal (cleaning of impoundments to maintain
capacity) has been submitted for approval to the Colorado Water Quality
Control Division,as required by Colorado Water Quality Control Commission
Regulation Number 81 [81.5 (3)]. Written evidence of approval shall be
provided to the Departments of Planning Services and Public Health and
Environment.
K. The existing residence and metal shed in the northwest corner of the
property are located within the proposed future right-of-way for Weld County
Road 47. The applicant shall submit a non-conforming structure application
to the Department of Planning Services for review and approval.
L. The applicant shall either subm it,to the Weld County Department of Planning
Services, a copy of an agreement with the property's mineral
owners/operators stipulating that the oil and gas activities have adequately
been incorporated into the design of the site, or show evidence that an
adequate attempt has been made to mitigate the concerns of the mineral
owners.
M. The plat shall be amended to delineate the following:
1) The attached Development Standards.
2) Weld County Roads 47 and 74 are designated on the Weld County
Road Classification Plan as major arterial roads,which require 140
feet of right-of-way at full buildout(70 feet from the centerline of Weld
County Roads 47 and 74). The applicant shall verify the existing
right-of-way and the documents creating the right-of-way. All
setbacks shall be measured from the edge of future right-of-way. If
the right-of-way cannot be verified,it shall be dedicated. These roads
are maintained by Weld County.
3) The applicant shall address and adhere to the American with
Disabilities Act(ADA)and ADA standards for this facility at all times.
Non-ambulatory/ambulatory parking spaces shall be identified and
shown on the plat. This site will be required to meet all requirements
of the Americans with Disabilities Act. ADA parking spaces are
twenty(20)feet by eight(8)feet with five(5)foot aisles. A minimum
of one space must be van accessible with an eight(8)foot aisle. An
accessible path shall be required from the building to the public
right-of-way. The parking spaces must be the closest possible to the
entrance. Signing will be required. Curb cuts, ramps, and other
methods of providing accessibility shall be required to reasonably
attempt to meet the requirements of the Americans with Disabilities
Act. Should the applicant elect to not adhere to the previously
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discussed Federal Standards, the applicant shall outline how the
proposed site design mitigates the requirements of the Americans
with Disabilities Act.
4) The approved parking and circulation plan.
5) The approved lighting plan, if applicable.
6) The approved Landscape/Screening Plan.
7) Any approved signs, if applicable.
8) The plat shall be prepared in accordance with Section 23-2-260.D of
the Weld County Code.
N. 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
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 one hundred eighty(180)
days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Second Amended 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.
4. Prior to Release of Building Permits:
A. A plan review is required for each building for which a building permit is
required. Plans shall include a floor plan. Building plans shall bear the wet
stamp of a Colorado registered engineer or architect. Two complete sets of
plans are required when applying for each permit. A Code Analysis Date
Sheet,provided by the Weld County Department of Building Inspection shall
be submitted with each building permit application.
B. A building permit shall be obtained prior to the construction of any structures,
including the milk parlor or the office/scale house.
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5. The Seconded Amended Use by Special Review activity shall not occur, nor shall
any building or electrical permits be issued on the property, until the Second
Amended Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 20th day of December, A.D., 2006.
BOARD OF Cs� NTY COMMISSIONERS
WELD COU i' , COLORADO
ATTEST: ��� /� v��; � Ells ,
f
. G-ile, Chair
Weld County Clerk to the Boa ."9O Qv
_ SED
BY: 7 .4-z"�A Sfnrn/e,' '� E. Long, Pro-Tem
Deputy Clerk to the Board ✓ �. ' L, I l.�h,,_.1
� William H. Jerke
APPROVED AS TO FQR ��,k I0
G",. Robert D. asden
�/� __ �
l/ounty Attorney
Va
Glenn aadad
Date of signature: / --/61-0 7
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SITE SPECIFIC DEVELOPMENT PLAN
SECOND AMENDED USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
JOHN JOHNSON
2ND AMUSR#1282
1. The Site Specific Development Plan and Second Amended Use by Special Review
Permit#1282 is for an Agricultural Service Establishment primarily engaged in performing
agricultural,animal husbandry,or horticultural services on a fee or contract basis,including
Livestock Confinement Operations(11,240 head of cattle,a dairy operation,and 20 horses-
amended to include an additional milk parlor, office/scale house and additional pens
associated with the operation,and removing the limitof2,000 dairy cattle out of the 11,240-
head total),in the A(Agricultural)Zone District,as indicated in the application materials on
file and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. Historical flow patterns and runoff 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 runoff rate and velocity increases, diversions,
concentration, and/or unplanned ponding of storm runoff.
4. There shall be no parking or staging of semi-tractor trailers or associated vehicles on Weld
County roads. The applicant shall utilize on-site parking.
5. The off-street parking spaces, including the access drive, shall be surfaced with gravel,
asphalt, concrete, or the equivalent, and shall be graded to prevent drainage problems.
Each space shall be equipped with wheel guards, or curb stops where needed,to prevent
vehicles from extending beyond the boundaries of the space and coming into contact with
other vehicles, walls, fences, or plantings.
6. Dust suppressant chemical shall be applied to Weld County Road 47 no less than twice a
year, or more often as determined by the Weld County Department of Public Works Motor
Grader Supervisor.
7. The operation shall be limited to a total of one-hundred (100)employees as stated in the
application materials.
8. Semi-tractor trailers picking up milk shall be limited to 15(fifteen), per 24-hour period,and
semi-trailer commodity trucks (feed/compost)shall be limited to 15(fifteen)per day, from
7:00 a.m. to 5:00 p.m., as stated in the application materials.
9. The hours of operation in the milking parlors and related facilities will be 24 hours a day,365
days a year. Equipment operations, trucks,farming activities,and maintenance activities
other than emergencies, will occur primarily during daylight hours as stated in the
application.
10. The facility shall operate in compliance with Colorado Water Quality Control Commission
Regulation Number 81.
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11. The facility shall maintain CAFO Colorado Discharge Permit coverage and operate in
compliance with Colorado Water Quality Control Commission Regulation Number 61.
There shall be no discharge of manure or process wastewater, except as provided in the
facility's CAFO Colorado Discharge Permit.
12. The facility shall comply with the Notice of Violation/Cease and Desist Order/Clean-up Order
Number CO-051014-1 (dated October 14,2005)and any subsequent orders issued by the
Colorado Department of Public Health and Environment.
13. Any manure or process wastewater applications shall be at agronomic rates and in
accordance with the Nutrient Management Plan or the Manure and Wastewater
Management Plan. There shall be no discharge from land application areas, except for
agricultural stormwater.
14. The facility shall be operated and maintained in a manner to prevent nuisance conditions.
15. The facility shall control fugitive dust on this site and operate in accordance with the currently
approved Management Plan for Nuisance Control.
16. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance, at all times, with the currently approved Management Plan for Nuisance
Control. Additional control measures shall be implemented at the request of the Weld
County Department of Public Health and Environment in the event that rodents,which can
be determined to be associated with the facility, are in such a number to be considered a
nuisance condition.
17. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance, at all times, with the currently approved Management Plan for Nuisance
Control. Additional fly control measures shall be implemented at the request of the Weld
County Department of Public Health and Environment in the event that flies,which can be
determined to be associated with the facility, are in such a number to be considered a
nuisance condition. Additional controls shall also be implemented in the event the Weld
County Department of Public Health and Environment receives a significant number of fly
complaints associated with facility,and in the judgment of the Weld County Health Officer,
there exists a fly condition requiring abatement.
18. The facility shall be operated in accordance with the approved Nuisance Control Plan.
Odors detected off the site shall not equal or exceed the level of fifteen-to-one dilution
threshold,as measured using methods set forth in Regulation 2 of the Colorado Air Pollution
Control Regulations. Additional controls shall be implemented at the request of the Weld
County Department of Public Health and Environment in the event odor levels detected off
the site meet or exceed the level of fifteen-to-one dilution threshold,or in the judgment of the
Weld County Health Officer, there exists an odor condition requiring abatement.
19. 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
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runoff. The surface beneath the manure storage areas shall be of materials which are
protective of State waters. These areas shall be constructed to minimize seepage or
percolation of manure-contaminated water. In no event shall the facility impact or degrade
waters of the State in violation of Colorado Water Quality Control Commission Regulation
Number 81.
20. An Individual Sewage Disposal System (I.S.D.S.) is required for the proposed facility and
must be designed by a Colorado registered professional engineer and in accordance with
Weld County I.S.D.S.Regulations. Any I.S.D.S.on the property shall be permitted,installed,
maintained and operated in compliance with Weld County I.S.D.S. Regulations.
21. The facility shall operate in compliance with applicable Colorado Air Quality Control
Commission Regulations. There shall be no open burning except"agricultural open burning"
as defined by Colorado Air Quality Control Commission Regulation 9.
22. There shall be no permanent disposal of solid wastes, as defined in the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), at this site.
23. The facility shall adhere to the maximum permissible noise levels allowed in the Light
Industrial Zone District, as delineated in Section 25-12-103, C.R.S.
24. Waste materials, not specifically addressed by other development standards, shall be
handled,stored,and disposed of in a manner that controls fugitive dust,blowing debris,and
other potential nuisance conditions.
25. If required, a Stormwater Discharge Permit shall be obtained from the Colorado Water
Quality Control Division for construction activities.
26. A plan review is required for each building forwhich a building permit is required. Plans shall
include a floor plan. Building plans shall bear the wet stamp of a Colorado registered
engineer or architect. Two complete sets of plans are required when applying for each
permit,along with a Code Analysis Data Sheet provided by the Weld County Department of
Building Inspection.
27. The milk parlor will require an engineered foundation based on a site-specific Geotechnical
Report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
28. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, Weld County has adopted the following: 2003 International
Building Code,2003 International Mechanical Code,2003 International Plumbing Code,2002
National Electrical Code, and Chapter 29 of the Weld County Code.
29. A separate building permit shall be obtained prior to construction of any building.
30. In the event that five (5) or more acres are disturbed during the construction and
development of this site,the applicant shall obtain a Stormwater Discharge Permit from the
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Water Quality Control Division of the Colorado Department of Public Health and
Environment.
31. Effective January 1,2003, building permits issued on the proposed site will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
32. Effective August 1, 2005, building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee.
33. 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.
34. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240, Weld County Code.
35. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250, Weld County Code.
36. The property owner or operator shall be responsible for complying with the Livestock
Confinement Operation Standards of Section 23-4-350 of the Weld County Code.
37. The property owner or operator shall be responsible for complying with the Livestock
Feeding Performance Standards of Section 23-4-710 of the Weld County Code.
38. The operation shall complywith all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
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 Second Amended Use by Special Review area shall be limited to the plans shown
hereon and govemed 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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