Commission hears that recorded plat notes protect Sandbox open space in perpetuity
Summary
Staff told the commission the RV park’s 65% open space is recorded on the final plat and is legally binding, and commissioners discussed whether recorded restrictions or future zoning changes could affect how the land is used.
During deliberations on the Sandbox RV Park, Fremont County planning staff explained that open space is protected by recorded plat notes and deed restrictions, which bind subsequent owners and remain enforceable unless formally amended.
Planning staffer Sara Bowersox explained that the subdivision plat will record cross-hatched areas as dedicated open space and include a note that the open space is permanently prohibited from development. "On that plat there are cross-hatched parts that are denoted open space, and that becomes a legally recorded document that is binding," Bowersox said. Dusty Rigby added, "Open space stays with the plat, not ownership."
Commissioners debated whether a future rezoning could free development currently restricted by recorded open space; staff said a zone change would not automatically erase recorded open-space restrictions because those restrictions must themselves be amended through a legal process. Several commissioners urged code updates to close ambiguities about how uses such as RV parks and accessory activities are treated within existing zones.
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