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Home My WebLink About4.0 Resolution 2006-1011111111111111111111r'111111111111iii11111iiiaiiia 709603 10/24/2006 10:42A B1855 P815 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 2nd day of October, 2006 there were present: John Martin (Absent) Larry McCown Tresi Houpt Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attomey , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2006-101 A RESOLUTION CONCERNED WITH THE APPROVAL OF A TEXT AMENDMENT TO THE GARFIELD COUNTY ZONING RESOLUTION OF 1978 AMENDING SECTION 5.03.15(8) FOR KENNELS WHEREAS, on the 2nd day of January, 1979, the Board of County Commissioners of Garfield County, Colorado, adopted Resolution No. 79-1 concerning a Zoning Resolution for the County of Garfield, State of Colorado; and WHEREAS, the Board is authorized by the provisions of Sections 30-28-109 through 30-28-116, C.R.S. 1973, as amended, to provide for the approval of amendments to such Zoning Resolution, and the Board has so amended the said Resolution; and WHEREAS, on December 16, 1991, the Board adopted a codified version of the Garfield County Zoning Resolution of 1978 and all subsequent amendments; and WHEREAS, the Board of County Connnissioners of Garfield County, Colorado, received an application from Josef P. Langegger and Frank & Donna Jean Donofrio to amend the text of the Garfield County Zoning Resolution of 1978 to amend Section 5.03.15(8) containing the following language: Amend Existing Section 5.03.15(8) in the following way: Replace the existing provision: No more than one (1) dog per acre of land on the property permitted for a kennel, with a maximum of 60 dogs on a single q . I 111111 1111111IIIII IIIIl II'11 11111 11 III 1 111 IIII 1111 709603 10/24/2006 10:22R 81855 P816 M RLSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO property with the following changes: No more than 60 dogs shall be allowed on a property having a minimum of two acres. WHEREAS, pursuant to Section 10.02.01 Text Amendment, Josef P. Langegger and Frank & .Donna Jean Donofrio may initiate a text amendment to the Zoning Resolution of 1978; WHEREAS, on September 13, 2006, the Garfield County Planning Commission forwarded a unanimous recommendation of approval to the Board of County Commissioners for the proposed text amendments as follows: No more than 60 dogs shall be allowed on a property having a minimum of two acres. All Applicant's shall be required to provide the Board of County Commissioners with a copy of the license issued by the State Department of Agriculture as a requirement for kennels and breeders in the County. WHEREAS, the Board of County Commissioners held a public hearing on the 2"d day of October, 2006 upon the question of whether the above-described text amendment should be granted or denied', at which hearing the public and interested persons were given the opportunity to express their opinions regarding the proposed text amendments; and WHEREAS, the Board of County Commissioners, on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper public notice via publication pursuant to Section 10.04.01 of the Zoning Resolution of 1978, as amended was provided as required by law for the hearings before the Board of County Commissioners. 2. That an application for a zone district text amendments was made consistent with the requirements of Section 10.00 of the Garfield County Zoning Resolution of 1978, as amended; 3. That the Board of County Commissioners is authorized by the provisions of Section 30-28-116, C.R.S. 1973, as amended, to provide for the approval of amendments to the Garfield County Zoning Resolution; 4. That the public hearings before the Board of County Connnissioners were extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 5. That the Garfield County Planning Commission has reviewed the proposed zone district text amendments and made a recommendation as required by Section I0.04 of the Garfield County Zoning Resolution of 1978, as amended; I111111IIIII EIN 1111111 ih■II 1111111 III111111111I111 709603 10/24/2006 10:228 61855 P817 M RLSDORF 3 of 4 R 0.00 D 0.00 GPRFIELD COUNTY CO 6. The proposed text amendments are in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE Pl' RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Zoning Resolution, adopted by this Board on the 2nd day of January, 1979, and identified as its Resolution No. 79-1, as subsequently amended by this Board, shall be and hereby is amended and said language will be incorporated into the codified Garfield County Zoning Resolution adopted by the Board on October 2, 2006 as follows: Section 5.03.15(8) shall read as follows: Kennels listed as a use -by -right shall be allowed a maximum of 40 adult dogs with no more than two litters occurring in any one calendar year and Kennels requiring a Special Use Permit shall be allowed a maxintunt of 15 adult dogs with no more than two litters per any one calendar year. Section 5.03.15(9) shall read as follows: All approved kennels shall be required to provide the Board of County Commissioners with a copy of the license issued by the State Department of Agriculture as a requirement for kennels and breeders in the County. Dated this 16th day of Oc tobe; A.D. 2006. ATTEST: '4 t7: tD- 0a Clerk of trite Bsuirt. 1306ii motion duly made and seconded the foregoin the following vote: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLO: DO IVA r John Martin Larry McCown ution w adopted by Tresi FIoupt Absent , Aye Aye 1 111111 11111111111111111 !ILA 1111111111 11111 11E 1111 709603 10/24/2006 10:228 61855 P818 M RLSDORF 4 of 4 R 0.00 D 0.00 GRRFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. W WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2006 County Clerk and ex -officio Clerk of the Board of County Commissioners