The URL can be used to link to this page

Home My WebLink About3.0 Amended Resolution 2005-52LHlltlll,r.l,rluJllllllLlullllr,r,lllJil il ] [ l ;';;-i i'b:oo D o.oo onnrIELD couNrY co STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissionersi Meeting Room, Garfield County PlazaBuilding, in Glenwood Springs on, Monday, the 6th of June, 2005, there were present: John Martirr , commissioner chairman I-arrv McCown -, Commissioner Tresi Houpt , 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. 2fi-o,s- s2 A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION IN THE GARFIELD COUNTY SI]BDIVISION REGULATIONS FOR RICHARD AND KAREN RHOADES FOR A PROPERTY LOCATED SE, IA O'F 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 I/ZO'F THE SW Vt OF TIIE SW Yr, SECTION 3, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH P.M. AND PRACTICALLY LOCATED ON COUNTY ROAD 223, GARFIELD couNTY, COLORADO WHEREAS, Richard and Karen Rhoades (hereinafter "Petitioner") petitioned the Board of County Commissioners of Garfield 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 Subdivision Regulations of Garfield County Colorado, adopted April 23, 1984, Section 8:OO 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 z.z}Lacres 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 WHEREAS, on January 6,2[3,the Board approved an Exemption from the Definition of Subdivision for the same subject propefty owned by the Petitioner with conditions and said approval atlowed the Petitioner to create a total of 4 lots thereby exhausting the abiliry to obtain any additional ) )ss ) .J.-lA ,z'v J lllilr lilt ilil ]lt l]il lillt llllt ilt ilil illl il 611527 07/06/2005 09:38t gt703 P882 It RLSDORF2 ol 4 R A.OO O O.OO GARFIELD COUilTY C0 Iots by way of the County's exemption process pursuant to Section 8:52(4) of the Subdivision Regulations of 1984, as amended; and WHEREAS, subsequently, the Petitioner satisfied the required conditions of the approval and then the Board signed the Exemption Plat and Resolution of Approval on July Zl, ZAoi; and WHEREAS, in May, 2OA3 Q months prior to the signing of the Exemption plat), the Petitioner transferred a S-acre parcel to the City of Rifle for a p".t 1tt. park parcelj and such deed was drafted as a transaction "in lieu of condemnation" and as a result, the plat being proposed forsignature did not match the prat originally reviewed by the Board; and WHEREAS, while the transfer of the Park Parcel was starutorily possible and exempt fromany county subdivision regulation; it is still considered to be "orri"i as 1 of the 4 possible exemption Iots 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, j lot, were 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 recording 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 14flo,Zg and the Board agreed that the Petitioner should submil an "Amended Exemption plat,, to the Boardthat accurately represents and legally describes all of the lots that have been created by exemption; and WHEREAS' 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, forthe reasonthat the division does not warrant further subdivision review; and WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of Countycommissioners of Garfield County, Colorado, that there is a reasonable probability of locatingdomestic watel on each of said parcels, that there is existing ingress and egress to said parcels, thatthe location of septic tanks will be permitted by the Colorado nepartment 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 S-ubdivision Regulations of the state of Colorado and the Countyof Garfield, and should' therefore, be exempteo rrim the definition of the terms ,,subdivision,, and"subdivided land" as set forth in c.R.s. lgi3,3o-28-l0l (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 Iffiil iltil il]ll ]]t ltil]il]llt til illllilil ffi 677527 07/06/20A5 09:3ER 81703 PE83 1l RLSD0RF3 of 4 R O.OO D o.OO GRRFIELD COUNTY C0 following determination of facts, Proper public notice was provided as required for the hearing before the Board of County Commissioners. The hearing before the Board of County Commissioners was extensive and complete, all pertinent facts, matters and issues were submitted, and all interested parties were heard at that meeting. The above stated and other reasons, the proposed Amended Exemption from the De{inition of Subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. The application is in conformance with the Garfield County ZoningResolution of 1978, as amended. The creation and transfer of the Park Parcel to the City of Rifle was only an issue oftiming such that if the transfer of the Park Parcel to the City of Rifle had occurred after signature and recording on the exemption plat, the County simplywould not be involved in this issue, as the transaction to Rifle is a statutory, not a County-created, exemption The purpose of this resolution is to clarify and acknowledge the creation of the park Parcel on the Amended Rhoades subdivision Exemprion plut. NOW THEREFORE' BE IT RESOLVED that the division of the above described tract ishereby exempted from such definitions and may be conveyed in the form of two (2) tracts known asthe Noel Exemption lnt No. 3 having 2.2O1 acres and Noel Exemption Lor No. 2 having 41376 acres acknowledging the conveyance of the Park Parcel from the Noel Exemption Lot No. 2 to theCity of Rifle having 5.00 acres which are all more fully described above and that a copy of theinstrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 5th day of ;uly , A.D. 2005 1. 2. 3. 4. 5 6. BOARD OF illlilt lllil [Lill lllll lllll ]lllllll lll llil llll ffi 677527 07/06/2005 09:3ER 81703 P884 11 RLSDORF 4 of 4 R @.OO D O.OO GRRFIELD COUNTY C0 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Aye Aye Aye STATE OF COLORADO County of Garfield L , County Clerk and ex-officio Clerk of the Board ofCountyCuntyandStateaforesaid,doherebycertifythattheannexed and foregoing Resolution is truly copied from the Records of the Proceedin! of the Board of County Commissioners for said Garfield County, now in my office. IN wfrNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this _ day of _, A.D. ZO- . County Clerk and ex-officio Clerk of the Board of County Commissioners ) )ss ) 4