Thursday, 21 June 2018 09:54

Proposed Moratorium Resolution - Conejos County Land Use - Moratorium on Kennels

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RESOLUTION NO.2018-21
OF THE
BOARD OF COUNTY COMMISSIONERS
OF CONEJOS COUNTY, COLORADO

A RESOLUTION IMPOSING A SIX MONTH MORTAORIUM ON ALL LAND USE APPLICATIONS FOR SPECIAL USE PERMITS OF KENNELS, INCLUDING DOG KENNELS, WITHIN THE UNINCORPORATED BOUNDARIES OF CONEJOS COUNTY, COLORADO, TO ALLOW FOR A COMPREHENSIVE STUDY OF AND IMPLEMENTATION OF REGULATIONS FOR DOG KENNELS

BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF CONEJOS COUNTY, COLORADO:

WHEREAS, pursuant to section 29-20-104.5, C.R.S., the Board of County Commissioners of Conejos County, Colorado (hereinafter the “Board”), has the authority to regulate the use of land on the basis of the impact thereof on the community or surrounding areas and to plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights; and
WHEREAS, the Planning Commission on June 5, 2018, recommended that the Board impose an interim zoning moratoria on applications for special use permits for dog kennels to investigate proper standards of approvals for dog kennels; and
WHEREAS, three dog breeding kennel applications have been processed by the land use office within the last year; and
WHEREAS, while the Conejos County Land Use Code did provide for special use permits for dog kennels, it did not provide specific regulation of the construction or operation of kennels or other dog breeding or boarding facilities within the County; and
WHEREAS, the Board is now aware that thousands of puppy mills exist all over the United States, and that regulations specific to dog breeding kennels are necessary to prevent the proliferation of puppy mills. The Board finds it is appropriate for the Board and the Planning Commission to review the standards under which large scale and/or commercial kennels or breeding facilities be permitted within the County; and
WHEREAS, the moratorium would allow the careful development of regulations pertaining to dog breeding kennels and would allow the issues surrounding dog breeding kennels to have the benefit of full public debate, at the same time protecting the County from approving special use permits prior to the formulation of new regulations which may be more restrictive; and
WHEREAS, the moratorium would further give notice to County landowners and allow them to participate in the debate as to what the new regulations should contain; and
WHEREAS, the Local Government Land Use Control Enabling Act authorizes the Board to impose temporary moratorium. See Droste v. Board of County Com'rs of County of Pitkin, 141 P.3d 852 (Colo. App. 2005), and

NOW, THEREFORE, BE IT RESOLVED that proposed RESOLUTION IMPOSING A SIX MONTH MORTAORIUM ON ALL LAND USE APPLICATIONS FOR SPECIAL USE PERMITS OF KENNELS, INCLUDING DOG KENNELS, WITHIN THE UNINCORPORATED BOUNDARIES OF CONEJOS COUNTY, COLORADO, TO ALLOW FOR A COMPREHENSIVE STUDY OF AND IMPLEMENTATION OF REGULATIONS FOR DOG KENNELS is ADOPTED as follows:

SECTION 1: MORATORIUM. Upon the effective date of this resolution and continuing for six months thereafter, the planning commission and the Board is prohibited from accepting any application for new kennels or the expansion of any kennels. The Board reserves the right to extend the moratorium period for an additional six months if additional time is needed to investigate and adopt regulations.
SECTION 2: DEFINITION. A kennel, including a dog kennel, means “a lot or building in which four or more dogs or cats, at least four months of age, are kept commercially for board, propagation, or sale; or a location for housing, breeding, exhibiting, researching, or rehabilitating any and all non-domestic animals as identified by the Colorado Division of Wildlife.”
SECTION 3: PUBLICATION AND EFFECTIVE DATE. The foregoing text is the authentic text of Conejos County Resolution No. 2018-21.
The first reading of this resolution took place on June 15, 2018, at a regular Board of County Commissioners Meeting.
The initial publication of this resolution was published by reference in the Valley Courier on June 22, 2018 and July 13, 2018, along with a notice of public hearing to be held on August 2, 2018 to discuss the moratorium.
The public hearing was held and resolution was adopted on second reading at a Board of County Commissioners Meeting on _____________.
SECTION 4: SAFETY AND EMERGENCY CLAUSE. The Board hereby finds, determines and declares that this resolution is necessary for the health, safety and welfare of the citizens of Conejos County, Colorado. If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this resolution. The Board hereby declares that it would have passed this resolution, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases are declared unconstitutional or invalid.
In order to preserve the immediate health and safety of Conejos County and its residents, this resolution shall take effect immediately upon its adoption.
ADOPTED this __th day of _____, 2018, at Conejos, Colorado.
BOARD OF COUNTY COMMISSIONERS
OF CONEJOS COUNTY, COLORADO

By: ____________________________
Mitchell Jarvies, Chair

____________________________
John Sandoval, Commissioner

____________________________
Steven McCarroll, Commissioner

ATTEST:

____________________________
Nathan Ruybal
Conejos County Clerk and Recorder

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