HomeMy WebLinkAbout20060925.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1543 FOR A GUEST FARM (EDUCATIONAL PROGRAMMING,
RESTAURANT,AND GIFT SHOP)AND 200-HEAD DAIRY IN THE A(AGRICULTURAL)
ZONE DISTRICT - COZY COW DAIRY, LLC, C/O LANDPROFESSIONALS, LLC
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 19th day of
April, 2006, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of Cozy Cow Dairy, LLC, c/o Les and Sherrill Hardesty, 28607 Weld County Road 17,
Windsor, Colorado 80550, for a Site Specific Development Plan and Use by Special Review
Permit#1543 for a Guest Farm(educational programming,restaurant,and gift shop)and 200-Head
Dairy in the A (Agricultural) Zone District on the following described real estate, being more
particularly described as follows:
Part of the NE1/4 of Section 8, Township 5 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was represented by Thomas Haren, c/o LANDPROfessionals,
LLC, 4350 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:
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.
1) Section 22-2-60.A(A.Policy 1.1)states, "Agricultural zoning will be
established and maintained and promote the Country's agricultural
industry. Agricultural zoning is intended to provide areas for
agricultural activities and other uses interdependent upon
agriculture." The proposed guest farm is intended to serve as a
traditional dairy, and also as an educational facility designed to
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SPECIAL REVIEW PERMIT#1543-COZY COW DAIRY,LLC,CIO LANDPROFESSIONALS,LLC
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preserve knowledge of the agricultural community in an otherwise
urbanizing area.
2) Section 22-2-60.A(A.Policy 1.2)states,"The County should support
the development of creative policies to conserve agricultural land,
including preservation techniques and prioritizing incentives." Use of
the site as a guest farm represents a creative business plan to
provide supplemental income in such a way that may allow this
relatively small farm site to remain economically viable.
b. Section 23-2-230.B.2--The proposal is consistent with the intent of the Zone
District in which the use is located. The subject property is zoned
Agricultural, and the proposed use is as a guest farm, where visitors can
come to understand the operation of a modern dairy farm. The facility will
provide educational opportunities by providing tours and observation areas
of milk production and milk processing. Typical tours last one hour and
consist of watching milking, viewing the processing center, and petting
calves. Groups may be small, or as large as several bus loads; the
maximum projected use for a day is 400 people.
1) Section 23-3-40.C.5 of the Weld County Code allows guest farms as
a Use by Special Review in the A(Agricultural)Zone District. Other
elements of the operation include a restaurant and a gift shop; both
of which are allowed as Uses by Special Review in accordance with
Section 23-3-40.R, which allows "any use permitted . . . in the
Commercial or Industrial Zone District." Sections 23-3-220.B.2 and
23-3-220.B.3 identify stores and restaurants as allowed uses. Both
the store and restaurant uses are located within existing facilities.
The store is a small retail site offering packaged produce and
farm-theme merchandise, and the restaurant is a snack shop
offering ice cream, milk, cheese, and snack items. Restaurant is
defined in Section 23-1-90 of the Weld County Code as any
establishment that furnishes food and drink for compensation.
2) The dairy currently operates as a legal Nonconforming Use(NCU)for
200 head of cattle. Existing regulations require dairies to operate as
Uses by Special Review. However, an NCU was established in
2001, after determining that the dairy had been in operation since
1970, prior to Use by Special Review requirements. The current
request as a guest farm and dairy represents a substitution of the
non-conforming use as defined by Section 23-7-30 of the Weld Code.
It states, "A nonconforming use may, as a Use by Special Review,
be changed to another use which does not conform to the uses
allowed in the Zoning District." In this case, the NCU for a dairy is
being changed to a Use by Special Review for a dairy, thereby,
bringing the site into conformance with the current Weld County
Code. Milking, feeding, and raising of livestock will continue.
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c. Section 23-2-230.B.3--The uses which will be permitted will be compatible
with the existing surrounding land uses. Surrounding uses include a rural
residence and rural subdivision (Windsong Ranch) to the north, a
landscaping business (TimberRock Landscape) to the west, the Town of
Windsor, PUD Zone District with Commercial for a future autoplex to the
south, and the City of Greeley, Holding Agricultural Zone currently used for
agricultural grazing,to the east. The proposed use of the property as a guest
farm is compatible with both the current agricultural uses in the area,as well
as the emerging retail environment. As a small farm, the retail uses will
benefit from the emerging population, while the area will benefit from
maintaining agricultural culture at the town edges of both Windsor and
Greeley. Windsor,in its comments,noted that the site lies within the Town's
Growth Management Area in an area targeted for residential use. As such,
typical urban-rural conflicts may emerge in the future. However, the Town
notes that this use has existed since the 1970's, and, because central
services cannot currently be provided economically to the site,the continued
use as a dairy is appropriate.
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 subject
property is surrounded on three sides by the Town of Windsor and the City
of Greeley; however, it does not lie within either jurisdiction's Urban Growth
Boundary. The County does not currently maintain an Intergovernmental
Agreement with either municipality; however, the subject property does lie
within the three-mile referral area for each. The City of Greeley notes that
signs should be placed outside the right-of-way, and suggests that the
access drives and parking area be paved. The Weld County Department of
Public Works has determined that gravel surfacing meets County
regulations. The Town of Windsor requests dedication of additional
right-of-way for a standard of 65 feet from the centerline of Weld County
Road 17, as well as an annexation agreement. The Weld County
Department of Public Works notes that Weld County Road 17, adjacent to
the site, has been annexed. A Condition of Approval will require future
right-of-way of 65 feet on the Use by Special Review plat map.
e. Section 23-2-230.B.5--The application complies with Chapter 23,Article V,
of the Weld County Code. 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 proposed
lots will be required to adhere to the fee structure of the Capital Expansion
Impact Fee and the Stormwater/Drainage Impact Fee.
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f. Section 23-2-230.6.6—The applicant has demonstrated a diligent effort to
conserve prime farmland. According to the West Greeley Soil Conservation
District,a small portion of the site is located on Prime Irrigated Farmland with
existing structures.
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 Cozy Cow Dairy, LLC,c/o LANDPROfessionals, LLC for
a Site Specific Development Plan and Use by Special Review Permit #1543 for a Guest Farm
(educational programming,restaurant,and gift shop)and 200-Head Dairy 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 Use by Special Review Permit Plat Map,the following shall be
addressed, with evidence of completion provided to the Department of Planning
Services:
A. Dust Abatement, Fly Control, Odor Control,and Pest Control Plans shall be
submitted to the Weld County Department of Public Health and Environment
for review and approval.
B. The applicant shall submit evidence of an Underground Injection Control
Class V Injection Well Permit from the Environmental Protection Agency
(EPA) for any large-capacity septic system (a septic system with the
capacity to serve 20 or more persons per day). Alternately,the applicant can
provide evidence from the EPA that they are not subject to the EPA Class V
requirements.
C. In accordance with the Underground and Above Ground Storage Tank
Regulations,a spillage retention berm shall be constructed around the tank
battery. The volume retained bythe spillage berm should be greater than the
volume of the largest tank inside the berm. Alternative protective measures
may be allowed,provided they comply with the Above Ground Storage Tank
Regulations.
D. The existing septic system serving the facility is designed for 105 persons.
The application materials indicate that, at full build-out, approximately 400
people may visit the facility over a 12-hour period. In addition,the application
materials indicate that four to five full-time employees and various other
part-time and contractual employees are anticipated,depending on usage of
the facility. Therefore, the existing septic system shall be reviewed by a
Colorado Registered Professional Engineer. The review shall consist of
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observation of the system and a technical review describing the systems
ability to handle the proposed hydraulic load. 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. In the event the septic system(s)
requires a design capacity of over 2,000 gallons of sewage per day, the
applicants shall provide evidence that all requirements of the Water Quality
Control Division of the Colorado Department of Public Health and
Environment (specifically Policies WQSA-6 and WQSA-8 ) have been
satisfied.
E. The applicant shall provide written evidence to the Department of Planning
Services, from the Town of Windsor, that an attempt has been made to
address the items noted in its referral dated February 3, 2006.
F. The applicant shall provide written evidence to the Department of Planning
Services, from the City of Greeley, that an attempt has been made to
address the items noted in its referral dated January 27, 2006.
2. The Use by Special Review Permit Plat Map shall be amended as follows:
A. All sheets of the plat map shall be labeled USR-1543.
B. The plat map shall meet all requirements as listed in Section 23-2-260.D of
the Weld County Code.
C. The plat map shall be modified to include the attached Development
Standards.
D. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash
collection areas. Areas used for storage or trash collection shall be
screened from adjacent properties and public rights-of-way. These areas
shall be designed and used in a manner that will prevent trash from being
scattered by wind or animals.
E. Evidence of an easement for the secondary access from the private lane
directly north of the Cozy Cow Dairy facility shall be provided,with the Court
Case Number noted on the plat map.
F. The applicant shall place, on the plat drawing, adequate parking and
circulation locations to accommodate personal vehicles, tour buses, and
school buses. Adequate turning radii and circulation are required on the site
to accommodate school buses and tour buses to negotiate loading,
unloading, and parking on the site. One (1) acre will accommodate
approximately 100 vehicles. Buses will require additional space for parking
and maneuverability.
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G. The applicant shall revise the plat map to place a Stop sign at the entrance
for safety purposes at the approach to Weld County Road 17.
H. The applicant shall revise the plat map to indicate 65 feet from the centerline
of Weld County Road 17 as future right-of-way.
3. The applicant shall submit two (2) paper copies of the plat map for preliminary
approval to the Weld County Department of Planning Services.
4. Upon completion of Conditions of Approval#1,#2,and#3 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 map 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 and twenty(120)days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
5. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required one hundred and twenty(120)
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.
6. 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.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 19th day of April, A.D., 2006.
���� BOARD OF •UNTY COMMISSIONERS
a\ ELD CO/ TY, COLORADO
ATTEST: A .•'w,, � A
s'y r'4V2 J. ile, Chair
Weld County Clerk to the Cr
BY: � , 61G' � 9 �" .
PUill
Di uty CIe�4f to the Board
David E. Long, Pro-Tem
Wi . Jerke % n
APP AST •
. k^�\--/
Ro rt D. Masd n
unty ttorney
Glenn Vaad
Date of signature: 5 iIgac
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
COZY COW DAIRY, LLC, C/O LANDPROFESSIONALS, LLC
USR#1543
1. The Site Specific Development Plan and Use by Special Review Permit#1543 is fora Guest
Farm (educational programming, restaurant, gift shop)and 200-Head Dairy located 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. The hours of operation for the guest farm component of the use shall be from 6:00 a.m. to
9:00 p.m., seven days a week. The dairy production facility shall operate at all times.
4. No more than twelve (12) employees are to be on the site, exclusive of the resident
employee and his/her family. No more than 400 visitors may be allowed on any given day.
5. Landscaping and screening on the site shall be maintained in conformance with the plat
map at all times.
6. Should noxious weeds exist on the property, or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
7. 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.
8. 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.
9. The facility shall maintain compliance with the Animal Feeding Operation Control
Regulations (5 CCR 1002-19).
10. Animal and feed wastes,bedding,debris,and other organic wastes shall be disposed of so
that vermin infestation, odors, disease hazards, and nuisances are minimized.
11. 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 forfinal disposal in a manner that
protects against surface and groundwater contamination.
12. 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.
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13. 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.
14. The facility shall operate in accordance with the control measures described in the
Comprehensive Manure and Wastewater Management Plan, dated September of 2005.
15. The applicant shall operate in accordance with the approved Waste Handling Plan.
16. The facility shall not discharge run-off or other waste waters to surface or groundwater,with
exception to what is allowed by the Confined Animal Feeding Operations (CAFO)Control
Regulations.
17. The facility shall be operated in accordance with state law regarding Odor Abatement.
Odors detected off-site shall not equal or exceed the level of a fifteen-to-one dilution
threshold, as measured, pursuant to 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-site meet
or exceed the level of a fifteen-to-one dilution threshold, or if in the judgement of the Weld
County Health Officer, there exists an odor condition requiring abatement.
18. The facility shall be operated in a manner to control flies. The facility shall be operated in
accordance with the approved Fly Control Plan,at all times. 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. The plan 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 judgement
of the Weld County Health Officer, there exists a fly condition requiring abatement.
19. The facility shall be operated in a manner to control pests. The facility shall be operated in
accordance with the approved Pest Control Plan at all times. 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.
20. The applicant shall comply with all provisions of the Underground and Above Ground Storage
Tank Regulations (7 CCR 1101-14).
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.
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23. A hand washing station,with soap and paper towels,shall be set up in close proximity to the
petting area,and shall be available for use by the public at all times. In addition,signs shall
be posted to inform patrons of the importance of hand washing after petting the animals.
24. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility.
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. A permanent,adequate water supply shall be provided for drinking and sanitary purposes
(City of Greeley).
27. All potentially hazardous chemicals must be stored and handled in a safe manner in
accordance with product labeling,and in a manner that minimizes the release of hazardous
air pollutants and volatile organic compounds.
28. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
29. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments.
30. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
31. A building permit shall be obtained prior to the construction of any new building, with the
exception of agricultural exempt buildings.
32. A plan review is required for each building for which a building permit is required. Plans shall
include a floor plan and bear the wet stamp of a Colorado registered architect or engineer.
Two complete sets of plans are required when applying for each permit.The applicant shall
include a Code Analysis Data sheet provided by the Weld County Department of Building
Inspection with each building permit application. Building plans shall also be submitted to
the Windsor/Severance Fire Protection District.
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 2002 National Electrical Code,and Chapter 29
of the Weld County Code.
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 from
Chapter 23 of the Weld County Code. Building height shall be measured in accordance with
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Chapter 23 of the Weld County Code in order to determine compliance with offset and
setback requirements. When measuring buildings to determine offset and setback
requirements, buildings are measured to the farthest projection from the building. Property
lines shall be clearly identified, and all property pins shall be staked prior to the first site
inspection.
35. The main access to the facility serves the existing dairy and office facilities. There is a
secondary access from the private lane directly north of the Cozy Cow Dairy facility,which
is shared by the adjacent property owners and is privately maintained.
36. There shall be no staging or parking on Weld County Road 17 or the private lane easement.
Utilize on-site parking only.
37. Off-site parking spaces, including the access drive,shall be surfaced with gravel,asphalt,
concrete, or the equivalent, and shall be graded to prevent drainage problems. If the
restaurant component is approved,a paved parking slab with Americans with Disability Act
(ADA)specification standards for the spaces shall be required. The number of customer
seating will determine the parking lot spaces required for the restaurant.
38. This is an active dairywith a Comprehensive Manure and Waste Water Management Plan
in place. 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. The applicant must
take into consideration stormwater capture/quantity and provide accordingly for Best
Management Practices.
39. The operation shall complywith all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
40. Effective August 1, 2005, building permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee.
41. 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.
42. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
43. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
44. 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.
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45. 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.
46. 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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