HomeMy WebLinkAbout3.0 Resolution 2005-52LHlttl}l,r.r,l,rluJ[|llulluuI!!,ulrl|?Jttr.ur;';;-4 i' s-.sia o s.ss GRRFIELD couNrY c0
STATE OF COLORADO
County of Garheld
At a regular meeting of the Board of County Commissioners for Garfreld County, Colorado,
held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs
on, Monday, the 6th of June, 2005, there were present:
John Martin , Commissioner Chairman
Larrv McCown , Commissioner
Tresi Hount , Commissioner
Don DeFord , CountY AttorneY
Mildred Alsdorf . Clerk of the Board
Ed Green , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION No. 24-os- 52
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
DEFINITIOI{ OF SUBDIVISION IN THE GARflELD COUNTY ST]BDIVISION
REGULATIONS FOR RICHARD AND KAREN RHOADES FOR A PROPERTY
LOCATED SE % OF THE SE 1/4, SECTION 4, TOWNSHIP 6 SOUTH, RANGE 93
WEST OF THE 6TH P.M. LYING EAST OF RIFLE CREEK AND ALL OF THE N % OF
TIIE SW Va OF THE SW %, SECTION 3, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF
THE 6TH P.M. AND PRACTICALLY LOCATED ON COUNTY ROAD 223, GARFIELD
COUNTY, COLORADO
WIIEREAS, Richard and Karen Rhoades (hereinafter "Petitioner") petitioned the Board of
County Commissioners of Garfietd County, Colorado, for an exemption from the definition of the
terms "subdivision" and "subdivided land" under C.R.S. 1973,30-28-101 (10) (a)-(d), as amended,
and the SuMivision Regulations of Garfield CountyColorado, adopted April23, 1984, Section 8:00
through 8:60 and for the division of a 43.976 acre tract into two (2) tracts consisting of Noel
Exemption Lot No. 2 having approximately 41.376 acres and Exemption Lot No. 3 having
approximately 2.201acres with the exemption parcels more practically described on the Amended
Rhoades Subdivision Exemption plat recorded in the office of the County Clerk and Recorder; and
WIUREAS, on January 6,2003,the Board approved an Exemption from the Definition of
Subdivision for the same subject property owned by the Petitioner with conditions and said approval
allowed the Petitioner to create a total of 4 lots thereby exhausting the ability to obtain any additional
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677527 17/06/2005 09:3EP 81703 PE82 n RLSD0RF2 oJ 4 R O.OO D O.OO GRRFIELD COUNTY C0
lots by way of the County's exemption process pursuant to Section 8:52(4) of the Subdivision
Regulations of 1984, as amended;and
WIIE_REAS, subsequently, the Petitioner satisfied the required conditions of the approval
and then the Board signed the Exemption Plat and Resolution of Approval on July 21, 200]; and
WHEREAS, in May, 2003 (2 months prior to the signing of the Exemption plat), the
Petitioner transferred a S-acre parcel to the City of Rifle for a park ltne fart parcel) and such deed
was drafted as a transaction "in lieu of condemnation" and as a result, the plat being proposed for
signature did not match the plat originally reviewed by the Board; and
WIIEREAS, while the transfer of the Park Parcel was statutorily possible and exempt from
.Lny county subdivision regulation; it is still considered to be couni"O as 1 of the 4 possible
exemption lots allowed to be created from 1 parcel as it existed in 1973 pursuant to Section g :52(A)of the subdivision Regulations of 1984, as amended and as a result, jlot, *"r" created from theparent parcel rather than 4; and
WHEREAS, the Board determined the issue to be an issue of timing such that if the transferof the Park Parcel to the City of Rifle had occurred after signature and recJrding on the exemptionplat, the County simply would not be involved in this issue, as the transaction to Rifle is a statutory,not a County-created, exemption; and
WHEREAS, the County Planning Staff brought this issue to the Board on January l/,,ZW
and the Board agreed that the Petitioner should submit an "Amended Exemption plat,,to the Boardthat accurately represents and legally describes all of the lots that have been created by exemption;
and
WImREAS, the Petitioner has demonstrated to the satisfaction of the Board of CountyCommissioners of Garfield County, Colorado, that the proposed division does not fall within thepurposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reasonthat the division does not wiurant further subdivision review; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of Countycommissioners of Garfreld County, Colorado, that there is a reasonable probability of locatin!domestic water on each of said parcels, that there is existing ingress and egress to said parcels, thatthe location of septic tanks will be permined by rhe coioriao oepartient of Health, that therequested division is not part of an existing or larger development and does not fall within thegeneral purposes and intent of the Subdivision Regulations of the State of Colorado and the Countyof Garfield, and should' therefore, be exempted from the definition of the terms ,,subdivision,, and"subdivided land" as ser forth in c.R.s. lgi3,3o-zg_101 (10) (a)_(d), as amended; and
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, on the basisof substantial competent evidence produced at the aforementioned hearing, has made the
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6775274of4 07/06/2003 09:3EA Bl7g3 P884 ll RLSD0RF
R O.Og D O.OO GRRFIELD COUNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by thefollowing vote:
, Aye
'Aye
Aye
STATE OF COLORADO
County of Garfield
L , County Clerk and ex-officio Clerk of the Board ofCountyCtyandStateaforesaid,doherebycertifythattheannexed
and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of CountyCommissioners for said Garfield County, now in my office.
IN wrrNEss WHEREOF, I have hereunto set my hand and affixed the seal of said County,at Glenwood Springs, this _ day of , A.D. 2O- .
County Clerk and ex-officio Cterk of the Board of County Commissioners
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