HomeMy WebLinkAbout1.00 General Application Materials_PartAFussner Minor Subdivision Application
Submitted: September 1, 2022
prepared by
(970) 379-1669 | matt@coloradoplanning.com
P.O. Box 411 | Carbondale, CO 81623
on behalf of
SkyFooze1, LLC
7 Coopers Way | Kempton, PA 19529
2
TABLE OF CONTENTS
Page
1. Application Cover Letter…………………………………………………………………………………… 3
2. Project Description……………………………………………………………………………………………. 4
3. Legal History of Property to be Subdivided……………………………………………………….. 9
4. General Application Materials (pursuant to Section 4-301(B)(1))……………………….
▪ Applicant and Consultant Information
▪ Application Form
▪ Payment Agreement Form
▪ Proof of Ownership
▪ Names and Addresses of Adjacent Property Owners
▪ Mineral Rights Ownership for the Subject Property
▪ Statement of Authority
▪ Letter of Authorization
17
5. Pre-Application Conference Summary………………………………………………………………. 31
6. Vicinity Map (pursuant to Section 4-203(C))……………………….…………………………….. 38
7. Site Plan (pursuant to Section 4-203(D))…………………..……………………………………….. 39
8. Final Plat (pursuant to Section 5-402(F))……………..……………………..…………………….. 43
9. Water Supply and Distribution Plan (pursuant to Section 4-203(M))………….……… 46
10. Wastewater Management and System Plan (pursuant to Section 4-203(N))…….. 52
11. Access and Traffic Analysis………………………………………………………………………………… 54
12. Compliance with Article 7: Divisions 1, 2, 3, and 4…..………………………………………. 71
13. Compliance with Review Criteria (pursuant to Section 5-203(C))…………….………… 90
14. Waiver Requests (pursuant to Sections 4-118 and 4-202)…………………….…………… 93
15. Preliminary Engineering Reports and Plans (pursuant to Table 5-401)……………… 96
16. Referral to the Colorado Geologic Survey…………………………………………………………. 97
Appendix A | Supplemental Utility Information
Appendix B | Attachments to Legal History Analysis
Appendix C | Attachments to Preliminary Engineering Reports and Plans
Appendix D | Title Commitment
Appendix E | Access Easements & Maintenance Agreements
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1. Application Cover Letter
September 1, 2022
Mr. Glenn Hartmann
Garfield County Community Development Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Mr. Hartmann:
I am pleased to submit this application for the Fussner Minor Subdivision on behalf of SkyFooze1, LLC.
The property for this application is located in the eastern portion of Missouri Heights, south
of the intersection of Fender Lane (County Road 102) and Harmony Lane, about 3-miles from El Jebel and
10-miles from the Town of Carbondale. It is situated in the S1/2 of Section 28, Township 7 South, Range
87 West, of the 6th Principal Meridian, County of Garfield, State of Colorado. The property is zoned Rural
(R) and is in a rural part of Garfield County. Historically, the property has had rural residential and
agriculture uses. Currently, the property is vacant and neighbored by rural residential uses.
Approval of this application will result in the subdivision of an existing ± 41.284 -acre lot (parcel no.
239128300225) into a ± 36.175-acre lot (“Lot 1”) and a ± 5.110-acre lot (“Lot 2”). Lot 1 and Lot 2 will
remain zoned Rural (R). Both Lot 1 and Lot 2 are intended for a single-family dwelling unit and an
accessory dwelling unit (ADU) or a secondary dwelling unit (SDU). Lot 1 has convenient access to/from
Harmony Lane and Lot 2 has convenient access to/from Levitt Lane and Whitecloud Road. There is an
existing potable water system (the “Whitecloud Ridge Domestic Water System”) that is operated by the
Whitecloud Ridge Homeowner’s Association and is supplied by two existing wells (Levitt Well No. 2 and
Levitt Well No. 3) on Lot 1. This existing potable water system will be used for domestic water needs for
Lot 1 and Lot 2. Irrigation water will be available to Lot 1 and Lot 2 to the extent that it is legally and
physically available and delivered to Missouri Heights and Mountain Meadows Irrigation Company
(MHMMIC) shareholders. On-site wastewater treatment systems (OWTS) will be designed for, and
constructed on, Lot 1 and Lot 2.
This application conforms to the requirements for a Minor Subdivision (Section 5-301) set forth in the
Garfield County Land Use and Development Code. The proposed development is consistent and compatible
with surrounding land uses and is substantially compliant with Garfield County’s Comprehensive Plan.
Our team looks forward to reviewing these materials with the county at the earliest convenience. After the
submittal has been deemed complete, please schedule the application for an Administrative Review.
If you have any questions, you may contact me at (970) 379-1669 or matt@coloradoplanning.com.
Sincerely,
Partner | Western Slope Consulting, LLC
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2. Project Description
SkyFooze1, LLC is the owner of the property to be subdivided (parcel no. 239128300225), as well as the
majority of lots in the Whitecloud Ridge Subdivision (located immediately to the west of the subject
property). Recently, these properties were the focus of the Ascendigo Ranch Limited Impact Review and
Subdivision Vacation (file no. LIPA-01-21-8826).
The purpose of this application is to subdivide the subject property into two lots that offer terrific views
of the Roaring Fork Valley, Mt. Sopris, and the Elk Mountain Range. Each lot is well-suited for the
construction of a single-family home and ADU or SDU and offer several options for a building site.
The applicant’s intent is to develop Lot 1 of the Minor Subdivision for their own single-family home and to
potentially build an ADU or SDU on the lot to help offset the high cost of living in the Roaring Fork Valley.
The ADU or SDU is also intended to help provide a more affordable housing option for someone looking
to reside here. Lot 2 of the Minor Subdivision is intended to be sold and developed with a single-family
home and possibly an ADU or SDU. Development of the existing ± 41.284 -acre property with two single-
family homes and up to two ADUs or SDUs is very much in keeping with the character of development in
this part of Missouri Heights and will allow for much the property to be retained in its current condition.
To minimize potential impacts on the viewsheds of neighboring properties to the north, a note has been
added to the Final Plat for the Minor Subdivision that restricts the height of any structure on Lot 2 to a
maximum of 15-feet above the existing, generally east-west, ridgeline on the lot.
The lots within the existing Whitecloud Ridge Subdivision are currently listed for sale and are being sold to
interested parties to be developed with single-family homes and ADUs to the extent permitted by the
Final Plat for the Whitecloud Ridge Subdivision (reception no. 571155), the county’s Land Use and
Development Code, the existing water distribution system, and the existing access easements and
agreements. The existing lots, in the subdivision, range in size from ± 4.005-acres to ± 9.059-acres.
It is understood that this is the only opportunity to utilize the county’s Minor Subdivision process for the
subject property. While future subdivision of the property is not anticipated at this time, if that were to
occur, it is understood that the county’s Major Subdivision process would apply.
Given the contentious history of this property, the applicant has proactively engaged with the
neighborhood about the proposed Minor Subdivision. The purpose of this engagement is two-fold: (1)
inform the neighbors about what is being proposed; and (2) hear and respond to concerns that people
may have about development in this part of Missouri Heights.
Regarding outreach and engagement efforts, the following is a brief overview of what has been done to
date:
▪ On May 18, 2022, the applicant and members of their consulting team held a conference call with
representatives of Keep Missouri Heights Rural (KMOHR).
▪ Information regarding the proposed subdivision has been shared with KMOHR and has been made
available via the organization’s website (https://www.keepmohrural.com/white-cloud).
▪ The applicant has had several in-person discussions with neighbors.
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Below is a list of the concerns that neighbors have raised and a corresponding response. Many of these
items were noted by county staff during the Pre-Application Conference for this application.
1. Water. Water was a focal issue of the Ascendigo Ranch Limited Impact Review, most notably
potential impacts on the aquifers in this area. Based on information provided by Michael Erion, with
Colorado River Engineering, Inc., the Levitt Wells (that will provide domestic water to the proposed
subdivision) source their water from a different aquifer than the aquifer(s) that many of the
neighbors are tapped into. Further, the water use associated with the proposed subdivision is part of
a water court approved water rights plan and the applicant has a legal right to use the water that has
been allocated to their properties. Additional information regarding water for the proposed
subdivision, specifically the recharge and recovery of the applicable aquifer over last 25 years, can be
found in this application.
2. Traffic. Traffic is a challenging issue to address as it is, in many respects, a subjective issue, and is an
inherent aspect of America’s dependency on the automobile. In rural areas, traffic cannot usually be
mitigated by alternative modes of transportation.
According to the traffic analysis included in this application, increases in traffic volumes from the
development of four (4) dwelling units on the lots in the proposed subdivision is anticipated to result
in an additional 38 vehicle trips per day along a portion of Harmony Lane. While this estimated
increase in traffic along Harmony Lane might be noticeable to existing homeowners, it is well within
the design capacity of Harmony Lane (refer to standards for “Rural Access” in Table 7-107).
Moreover, the approvals for the Levitt Subdivision (i.e., Whitecloud Ridge Subivision) and recorded
agreements and easements for Harmony Lane, Wind River Road, and Whitecloud Road anticipated a
certain amount of development on the applicant’s properties and these documents have been
available to the neighbors since the mid to late 1990’s. Therefore, the neighbors should be
anticipating an increase in traffic volumes along these roads.
3. Density. The property for the proposed subdivision is zoned Rural (R) and has a future land use
designation of Residential Low (RL) (refer to the county’s Comprehensive Plan 2030). The R zoning
district has a minimum lot size of 2-acres and residential densities in the RL designation are to be
around 1 dwelling unit per 10-acres.
The proposed ± 36.175-acre (Lot 1) and ± 5.110-acre (Lot 2) lots are well above the minimum lot size
for the R zoning district. Development of the existing ± 41.284-acre parcel with two single-family
homes and two ADUs will result in a density of roughly 1 dwelling unit per 10.3-acres, which conforms
to the intended residential density for the RL designation. Further, on page 15 of the Comprehensive
Plan it states “…Accessory Dwelling Units (ADUs) are not included in the overall density.” Therefore,
in accordance with the Comprehensive Plan, the overall density of the proposed Minor Subdivision is
1 dwelling unit per 20.6-acres.
4. Impacts on “Open Space.” The KMOHR website it states… “We have all valued the open space for all
of these years and so much has changed since then.” The large lot sizes within the proposed
subdivision, as well as those within the existing Whitecloud Ridge Subdivision, and the lot coverage
restrictions of the county’s Rural (R) zoning district (refer to Table 3-201) will preserve much of this
area in open space and maintain the area’s rural character.
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During visits to the site the week of July 11 (2022), three (3) cars were seen driving into the
Whitecloud Ridge Subdivision. The drivers parked and got out of their vehicles to walk along the
roads in the subdivision. Another eight (8) or so people, three (3) of which had dogs off-leash, were
seen walking around the subdivision. It is assumed that these people walked there from neighboring
homes because they were not seen driving vehicles. Based on these observations, it appears that
some people in the neighborhood may have developed the perception that the applicant’s properties
are an open space area, and this false perception may be driving some of the concerns about
potential impacts to “the open space.”
5. Wildfire Risks. Based on research of the wildfire information made available by Garfield County and
the Colorado State Forest Service, the vegetation on the property (i.e., grasses, shrubs, and a few
trees) have a low risk of wildfire and provide a natural fire break for the properties to the north.
Further, development of the lots in the Minor Subdivision and the Whitecloud Ridge Subdivision will
create greater opportunity for fire mitigation strategies to be implemented by the homeowners and
help to further reduce the risk of wildfire in this area.
A system of fire hydrants was installed as part of the improvements required for the Whitecloud
Ridge Subdivision (refer to the Site Plan included in this application) and offers additional protection
from wildfire. According to the Carbondale and Rural Fire Protection District (CRFPD), “The existing
water system has previously tested and is capable of producing a fire flow over 1,500 gallons per
minute.”
It is anticipated that the CRFPD will be a referral agency for this application. The applicant will address
the recommendations of the CRFPD, to the best of their ability, once they have been received.
6. Wildlife Impacts. As noted above, the large lot sizes and lot coverage restrictions in the Minor
Subdivision and Whitecloud Ridge Subdivision will provide ample space for wildlife to move between
homes and the movement of local wildlife should not be adversely affected. Noise and activity
generated by development and people living in this area may impact wildlife, but that impact is not
anticipated to be any greater than the development that has occurred on properties to the north,
east, south, and west.
It is anticipated that Colorado Parks & Wildlife (CPW) will be a referral agency for this application. The
applicant will address the recommendations of the CPW, to the best of their ability, once they have
been received.
7. Less Peace. The KMOHR website argues that every additional home results in “less peace.” One’s
perception of “peace” is very much a subjective issue and therefore is not easily addressed. The land
uses and development within the proposed subdivision are compatible with the surrounding land
uses and development types and are in keeping with the rural character of this part of Garfield
County. The land uses and development are also anticipated to have an impact similar to that of the
homes constructed on neighboring properties.
Further, the Levitt/Whitecloud Ridge Subdivision was approved in 1997, so neighboring property
owners should be anticipating additional activity in this area.
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8. Visual Impact of Residential Development. Based on a visual analysis of the site for the proposed
Minor Subdivision, the only, potential visual impact identified is on the viewshed of the home located
to the north of Lot 2 (refer to the images below). To address this, the applicant has added a note to
the Final Plat for the Minor Subdivision that restricts the height of any structure on Lot 2 to 15-feet
above the existing, generally east-west, ridgeline that bisects the lot. Structure height on Lot 2 is to
be measured in accordance with the county’s Land Use and Development Code. Pursuant to Table 3-
201, the Rural (R) zoning district permits a maximum building height of 25-feet for residential
structures and 45-feet for non-residential structures.
Views from Parcel No. 239128300226 Looking South Towards Lot 2
Lot 2
Lot 2
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9. Community “Costs” vs. “Benefits.” One of the considerations presented on the KMOHR website is
“What are the community ‘costs’ to adding this additional lot vs the community ‘benefits?’”
As far as community “benefits,” those are anticipated to include, but are not limited to, the following:
▪ Additional property tax and sales tax revenues for Garfield County and likely sales tax revenue for
Eagle County and local towns and cities (e.g., Town of Basalt, Town of Carbondale, and City of
Glenwood Springs).
▪ Additional homeowners to participate in the cost-sharing for the maintenance of Levitt Lane,
Whitecloud Road, Wind River Road, and Harmony Lane.
▪ An opportunity to further increase and diversify Garfield County’s supply of housing.
As far as community “costs,” those are anticipated to include, but are not limited to, the following:
▪ Additional homeowners will equate to greater wear and tear on the system of roads that provide
access to this part of Garfield County. However, as noted above, these homeowners will help to
provide additional revenue to maintain said roads.
▪ A modest uptick in activity with the development of the proposed lots and the existing lots in the
Whitecloud Ridge Subdivision. While this change may be an adjustment to those who have grown
accustomed to these properties being vacant, the character of said activity will be similar to, and
compatible with, existing land uses in this area.
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3. Legal History of Property to be Subdivided
As part of the Ascendigo Ranch Limited Impact Review and Subdivision Vacation application, Sarah Oates,
with Oates, Knezevich, Gardenswartz, Kelly & Morrow P.C., prepared an analysis of the legal history of the
subject property, as well as the properties that comprise the Whitecloud Ridge Subdivision. Ms. Oates
was contacted and granted permission to include that analysis in this application. The analysis prepared
by Ms. Oates is provided on the following pages. The attachments to this analysis can be found in
Appendix B.
Further, a copy of the Title Commitment prepared in conjunction with the sale of the properties owned
by Ascendigo Property Holdings to SkyFooze1, LLC is included in Appendix D.
20{
EXHIBIT
Oetns, KivezevlcH, GRRooNSwARTZ, KULY & M
LAW OFFICËS OF
PROFESSIONAL CORPORATION
THIRÐ FLOOR, ASPEN PLAZA BUILDING
533 E. HOPKINS AVÊNUE
ASPEN, COLORADO, 81 6,1 1
wwwOKGKIlI.NET
LEONARD M. OATES
RICHARD A KNEZEVICH
TED D- GARDËNSWARÎZ
DAVID B. KELLY
MARfA I\¡ORROW
TELEPHONE
FACSIMILE
DIRECT
970) 920-1700
97O\920-1121
970) 544-1853
OF COUNSEL:
STEPHEN R. CONNOR
ANNE N¡ARIË McPHEE
SARAH M. OATES
STEPHANIE HOLBER
ìÑlay 5,2021
Vn E-Marl
Kelly Cave, Assistant County Attorney
Garfield County Attorney's Office
108 8th Street, Suite 219
Glenwood Springs, CO 81601
Re: History of Acquisition of Ascendigo Property Holdings Properties - REVISED
Dear Kelly,
This is a revised and updated letter to the letter I sent to you on April 13, 2021. Although the
content is generally the same, I have clarified some information regarding the lot configuration and
included a summary of the applicant's request with respect to the final configuration of the parcels
which will be subject to any Limited Impact Review and Subdivision Vacation approvals by the
Garfield County Board of County Commissioners ("BOCC").
Below is a summary of the acquisition of,the properties currently owned by Ascendigo Property
Holdings ("Ascendigo") including 1) Whitecloud Ridge Subdivision ("Whitecloud"), consisting of 13
lots with a total parcel area of approximately 79 acres, and the properties referred to as "Harmony
Heights" in the land use application submitted by Ascendigo earlier this year ("Ascendigo Properties") -
2) aparcel which is 4l +/- acres in size and 3) a parcel approximately 6 acres in size. An Improvement
Survey Plat of the Ascendigo Properties is attached hereto as Exhibit "A."
Acqaisition by Levitts
The Ascendigo Properties were acquired over a period of time by Thomas and Molly Levitt
and/or their family trust (collectively "Levitts"), throughout the late 1980s and into the 2000s. The
Levitts were the owners who subdivided Whitecloud into 13 lots in 1996. The properties were sold by
the Levitts' family trust in 2008. As you are aware, Ascendigo purchased the Ascendigo Properties in
2020 in order for its sister entity, Ascendigo Autism Services, to develop and operate a camp on the
properties.
smo@okglaw.com
OatES, KNezgvlcH, GARDENSwARTZ, Kelr,y & Monnow, P.C
Ascendigo Limited Use Review - Confrguration of Properties
INlay 5,2021
Page2
The Ascendigo Properties total approximately 126 acres. According to the Garfield County
Assessor's Records, as well as survey work done by Ascendigo, the Ascendigo Properties are comprised
of three parcels each with its own Parcel Identification Number.
The Levitts acquired a total of five (5) parcels from 1988-2001 which would eventually become
the three parcels which are now owned by Ascendigo Properties. These parcels were reconfigured
through a series of boundary line adjustments and associated deeds. As discussed above, there are
currently three parcels: 1) \Mhitecloud Ridge Subdivision, consisting of a 13-lot subdivision approved by
the Garfield County Board of County Commissioners ("BOCC") pursuant to Resolution No. 96-45
recorded as Reception No. 495867;2)Harmony Heights, a 4l-acre parcel; and 1) a 6-acre parcel located
to the south of the Harmony Heights parcel and east of Whitecloud.
Summary of Acquisitions by Levitts
A Deed Map of the acquisitions is attached hereto as Exhibit "B." The original five (5) parcels
were acquired in the following manner:
l. Warhol Parcel: The Warhol Parcel was conveyed to the Levitts via a Personal
Representative's Deed from the Estate of Andy Warhol recorded as Reception No. 394757 on
August 24,1988. A copy of the deed is attached hereto as Exhibit "C." Mr. Warhol
purchased the Warhol Parcel on June 23, 1972 from the Mid-Valley Land Company via a
General'Warranty Deed recorded as Reception No. 254228, attached hereto as Exhibit "D."
The Warhol Parcel was originally approximately 43 acres in size. The conveyance to Mr.
S/arhol in 1972 pre-dates Garfield County's ("County") subdivision regulations.
Additionally, the original parcel was over 35 acres in size.
2. Geotze Parcel: The Geotze Parcel was conveyed to the Levitts pursuant to a General
Warranty Deed from Dr. Heinz Geotze recorded as Reception No. 397763 on December 20,
1988. A copy of the deed is attached hereto as Exhibit "E." Dr. Geotze purchased the parcel
from the Mid-Valley Land Company on April24,1972,pursuant to a General Warranty
Deed recorded April 24,1972, attached hereto as Exhibit "F." The Geotze parcel was
originally 20 acres in size. The conveyance to Dr. Geotze predates the County's subdivision
regulations.
3. Mid-Valley Land Company Parcel #l: Molly Levitt acquired a parcel of land approximately
37.4 acres in size from the Mid-Valley Land Company via a General Warranty Deed on
February 27, 1992 which was recorded as Reception No. 432043. The deed is attached
hereto as Exhibit "G." The Mid-Valley Land Company Parcel #l is over 35 acres in size.
4. Mid-Valley Land Company Parcel #2: Thomas Levitt acquired a 5-acre parcel from Mid-
Valley Land Company on the same date Mr. Levitt acquired the Mid-Valley Land Company
Parcel #1. The General Warranty Deed was recorded as Reception No. 432045 is attached
hereto as Exhibit "H." This parcel was included in the Whitecloud Ridge Subdivision, as
Ontes, KNpzevtcH, GRnoeNSwARTZ, Kelrv & Monnow, P.C.
Ascendigo Limited Use Review - Configuration of Properties
ìÑ4ay 5,2021
Page 3
approved by the County in 1996. The County raised no objections as the time of subdivision
approval with respect to the size of this parcel nor questioned its creation. As the County
issued a land use approval with respect to this parcel in 1996,I do not believe the County can
raise concerns about its creation in 2021. Additionally, both Mid-Valley Land parcels sold to
the Levitts were a) sold to a husband and wife; and b) appear to be the last remaining
interests owned by Mid-Valley Land Company in this area of Missouri Heights.
Alternatively, if Mid-Valley Land Company Parcel #2 should not have been conveyed as a
separate parcel because the size ofthe parcel contravened the subdivision regulations as the
time, this parcel likely would have merged with the larger Mid-Valley Land Company Parcel
l. Regardless, both of these parcels, as discussed below, were included in the Whitecloud
Ridge Subdivision, the County at the time recognized the existence of both of these parcels
and granted the approval for Whitecloud Ridge Subdivision which included both of Mid-
Valley Land Company Parcels.
5. Glen Parcel: The Levitts acquired a lO-acre parcel from the Stanley Glen Revocable Trust
on December 10, 2001, pursuant to a General Warranty Deed recorded as Reception No.
594213. The deed is attached hereto as Exhibit o'I." Please note this parcel is separate from
the Glen Subdivision Exemption, which is located to the east of the Glen Parcel. Mr. Glen
acquired the Glen Parcel from William O. Antonides via a General Warranty Deed recorded
July 26,1966 as Reception No. 235480, attached hereto as Exhibit "J." This parcel predates
the County's subdivision regulations.
To summarizethe above, the Levitts originally acquired five parcels which were either legally
created because they pre-dated subdivision regulation and/or exceeded 3S-acres, or the County
recognized the parcels as legally created as part ofprevious land use approvals.
Summary of Exßting Three Pørcels
Below is a summary of how the above parcels were reconfigured into the three parcels that
Ascendigo currently own:
Parcel 1: Parcel I consists of the Mid-Valley Land Company Parcels #l (37.4 acres) and#2 (5
acres), and a portion (36.6 acres) of the Warhol Parcel. Various lot line adjustments, which did
not create any new parcels, and the Whitecloud Ridge Subdivision approval result in a parcel
approximately 79 acres in size once the subdivision has been vacated.
Parcel 2: Parcel 2 (the larger Harmony Heights parcel) consists of a portion (6.4 acres) of the
Warhol Parcel, the Geotze Parcel (20 acres) and a portion of the Glen Parcel (5.19 acres), as
discussed below. The Levitts also entered into a series of lot line adjustments, which did not
create any new parcels, with adjacent property owners to the north, which added some additional
acreage to Parcel 2. The lot size of Parcel2 is approximate 4l acres in size.
Parcel3: Parcel 3 (e.g.the 6-acre parcel) was acquired by the Levitts from the Glen Trust in
2001. The original size of the Parcel3 was l0 acres but the Leviffs entered into and recorded at
O,,rrns. Kxrzsvrcn. GRRopNSwARTZ. Kpr-r-y & Monnow, P.C
Ascendigo Limited Use Review - Conf,rguration of Properties
May 5,2021
Pagc 4
boundary line adjustment, attached hereto as Exhibit "K," in 2008, in which Parcel 2 obtained
5.19 acrcs from Parcel 3 and Parcel 3 obtained .513 acres from Parcel2. No ncw lots wcrc
created with this boundary line adjustment - Parcel 2 gained acreage and Parcel 3 lost acreage.
The resulting parcel size for Parcel 3 is approximately 6 acres. As already established, Parcel 3
was originally a lcgally crcatcd (as its creation predated the County subdivision rcgulations) 10-
acre lot.
Reqaest by Ascendigo - Lot Configurationfor Land Use Approvals
As part of its land use approvals for Limited Impact Review and Subdivision Vacation,
Ascendigo is requesting that Parcel lAMhitecloud Ridge Subdivision be vacated and that a single 79 acre
parcel of land be created consisting of the lands within the Whitecloud Ridge Subdivision. My
understanding is this can be accomplished pursuant to a plat amendment. Ascendigo is asking that
Parcels 2 (41 acres) and 3 (6 acres), as described above, remain as-is.
The reason why Ascendigo does not want to merge all three parcels into a single parcel is
because of the State of Colorado requirements for on-site wastewater treatments systems ("OWTS") and
a limitation that only three OWTS are permitted per parcel. If Whitecloud Ridge remained a 13-lot
subdivision, an OWTS would be permitted on each of the 13 lots but the State's per lot limitation is
capped at three. Ascendigo needs six OWTS to meet its on-site wastewater treatment needs.
Although Ascendigo would prefer to keep the current configuration of three parcels, it is willing
to combine Parcels 2 and 3 as part of a boundary line adjustment (for a total of 47 acres) so that there
would only be two parcels (79 acres and 47 acres in size) instead of three parcels. Ascendigo is willing
to be subject to a conditional of approval by the County that so long as Ascendigo continues to operate
under the Limited Use Review approvals issued by the County, that it will not subdivide nor sell off any
of these parcels or portions thereof and that all of the parcels owned by Ascendigo will operate under
and be subject to these approvals. Ascendigo is asking that the County issue one land use approval for
all three (or if necessary two) parcels so that Ascendigo is subject to the same restrictions, requirements
and conditions of approval for all of the parcels subject to the current land use review.
Please let me know if you have any questions or want to discuss further
OATES, KNezEvlcH, GRRoTNSwARTZ, Kpt t v & Monnow, P.C
Ascendigo Limited Use Review - Configuration of Properties
llvlay 5,2021
Page 5
sincerery,
O,ltns, KNEzEvIcH, GmnnNswARTz, Kuiv &
Monnow, P.C.
Sarah M. Oates
Cc Bob Schultz
Dan Richardson
Glenn Hartmann
7tL
EXHIBIT
i,
ãUooaGlennHartmann
From:
Sent:
lo:
Subject:
Attachments:
Sarah Oates < smo@okglaw.com >
Thursday, May 6, 2021 11:15 AM
Glenn Hartmann; Kelly Cave
lExternall Ascendigo - Lot Configuration
Lot Configuration Graphic.pdf
Glenn and Kelly,
Attached is a graphic on the lot configuration - hopefully it simplifies/clarifies the letter I sent to you yesterday. Please
let me know if you have any questions after you have had a chance to review everything.
Thanks,
Sarah
Soroh Ootes, Esg.
Oates, Knezevich, Gordenswarrz, Kelly & ll/lorrow, P.C.
533 E. Hopkins Avenue, Third Floor
Aspen, CO 8L6lt
Phone: (97O) 92O-L7OO
Þirect: (97O)544-1853
Fax: (970) 920-1Í21
smo@okglow.com
This message is intended only for the individual or entity to which it is addressed and may
contain information that is confidential and exempt from disclosure pursuant to the attorney-client and
attorney work product privileges or as otherwise provided by law. lf the reader of this message is not the
intended recipient, you are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. lf you have received this communication in error, please notify us
immediately by reply e-mail and destroy all electronic and hard copy versions of this message and all
attachments.
1
17
4. General Application Materials (pursuant to Section 4-301(B)(1))
Applicant and Consultant Information
Property Owner/Applicant
SkyFooze1, LLC
c/or Skyler Fussner
7 Coopers Way
Kempton, Pennsylvania 19529
(484) 866-2854 | skyfooze@gmail.com
Planner/Authorized
Representative
Matt Farrar | Western Slope Consulting, LLC
P.O. Box 411
Carbondale, Colorado 81623
(970) 618-4708 | matt@coloradplanning.com
Project Land Surveyor Rodney Kiser | True North Colorado LLC
P.O. Box 614
386 West Main Street, Unit 3
New Castle, Colorado 81647
(970) 984-0474 | rodney@truenorthcolorado.com
Project Water Engineer Michael Erion | Colorado River Engineering, Inc.
136 East 3rd Street
Rifle, Colorado 81650
(970) 625-4933 | michael@coloradorivereng.com
Project Traffic Engineer Greg Schroeder | McDowell Engineering
P.O. Box 4259
241 Broadway Street, Suite 202
Eagle, Colorado 81631
(970) 948-1376 | greg@mcdowelleng.com
Project Attorney Kevin Giles | Holland & Hart LLP
600 East Main Street, Suite 104
Aspen, Colorado 81611
(970) 429-6881 | kpgiles@hollandhart.com
Note
Please note that use of the term “Section” in this application is in reference to applicable Sections of
the Garfield County Land Use and Development Code.
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Application Form
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20
Payment Agreement Form
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Proof of Ownership
The property is owned by SkyFooze1, LLC. Proof of ownership is evidenced by a Special Warranty Deed
recorded with the office of the Garfield County Clerk and Recorder on November 30, 2021 (reception no:
967374). A copy of the Special Warranty Deed is found on the following pages.
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List of Adjacent Property Owners
The records of the Garfield County and Eagle County Assessor identify the following owners of record for
properties within 200-feet of the subject property. This information is current as of August 27, 2022.
Table 1. Owners of Record within 200-feet of the Subject Property
Parcel
Number
Account
Number
Owner Mailing Address Physical Address
1 239128300224 R112039 MUNK, TOBIAS AESCHRAIN 14, CH-6318
WALCHWIL SWITZERLAND
Not available
CARBONDALE, CO 81623
2 239128300226 R112033 BARRAS,
NORMAN T JR
29 HEDWIG CIRCLE
HOUSTON, TX 77024
Not available
CARBONDALE, CO 81623
3 239128318013 R007110 BARRAS,
NORMAN T JR
29 HEDWIG CIRCLE
HOUSTON, TX 77024
325 WHITECLOUD RD
CARBONDALE, CO 81623
4 239128318003 R007100 SKYFOOZE1 LLC 7 COOPERS WAY
KEMPTON, PA 19529
LEVITT LANE
CARBONDALE, CO 81623
5 239128318002 R007099 SKYFOOZE1 LLC 7 COOPERS WAY
KEMPTON, PA 19529
64 LEVITT LANE
CARBONDALE, CO 81623
6 239128318001 R007098 SKYFOOZE1 LLC 7 COOPERS WAY
KEMPTON, PA 19529
118 LEVITT LANE
CARBONDALE, CO 81623
7 239128300237 R112084 SKYFOOZE1 LLC 7 COOPERS WAY
KEMPTON, PA 19529
Not available
CARBONDALE, CO 81623
8 239133204036 R008070 564 LARKSPUR LLC 23870 TUSCANY WAY
BONITA SPRINGS, FL 34134
564 LARKSPUR DRIVE
CARBONDALE, CO 81623
9 239133204035 R008069 DOLMAR
DEVELOPMENT, INC
0270 SAM GRANGE COURT
CARBONDALE, CO 81623
604 LARKSPUR DRIVE
CARBONDALE, CO 81623
10 239133204034 R008068 TAYLOR,
DENISE & MITCHELL
624 LARKSPUR DRIVE
CARBONDALE, CO 81623
624 LARKSPUR DRIVE
CARBONDALE, CO 81623
11 239133204033 R008067 JOHNSON,
ROBERT & YISEL
644 LARKSPUR DRIVE
CARBONDALE, CO 81623
644 LARKSPUR DRIVE
CARBONDALE, CO 81623
12 239128300238 R112085 BRULE, CHRISTIANE &
JONATHAN
7734 TERRY COURT
ARVADA, CO 80007
611 HARMONY ROAD
CARBONDALE, CO 81623
13 239128300239 R112086 SULLIVAN,
DANIEL & CHERYL
609 HARMONY LANE
CARBONDALE, CO 81623
609 HARMONY LANE
CARBONDALE, CO 81623
14 239128400074 R011402 MCMECHEN,
KENNETH
PO BOX 2646
BASALT, CO 81621-2646
2438 102 COUNTY ROAD
CARBONDALE, CO 81623
15 239128400008 R028174 MCMECHEN,
KENNETH
PO BOX 2646
BASALT, CO 81621-2646
FENDER LANE
CARBONDALE, CO 81623
16 239128402001 R111903 MACDONALD,
JOHN & TINA
4910 BRIARWOOD PLACE
DALLAS, TX 75209
17 SUNRISE LANE
CARBONDALE, CO 81623
17 239128404002 R032537 AGUILAR,
DAVID & SHIRLEY
1200 SUNSET LANE
CARBONDALE, CO 81623
1200 SUNSET LANE
CARBONDALE, CO 81623
18 239128419001 R008509 FITE,
JAMES & KIMALA
PO BOX 164
BASALT, CO 81621
260 HARMONY LANE
CARBONDALE, CO 81623
19 239128419002 R008510 CANIGLIA,
ALAN & CAROL
250 HARMONY LANE
CARBONDALE, CO 81623
250 HARMONY LANE
CARBONDALE, CO 81623
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Mineral Rights Ownership for the Subject Property
Kevin Giles, with Holland & Harp LLP, performed a review to determine who might own the mineral
estate underlying parcel no. 239128300225, which is the parcel that is subject to the Fussner Minor
Subdivision (the “Property”). In sum, it is Mr. Giles’ belief that Skyfooze1, LLC owns the mineral estate
under the Property. However, Mr. Giles did not complete a full mineral search through the entire chain of
title for the Property, which would be necessary to say with certainty who owns the mineral estate.
Nevertheless, Skyfooze1, LLC has received whatever minerals the recent predecessors -in-interest owned,
as detailed below.
Table 2. Mineral Rights Ownership for the Subject Property
Owner Mailing Address
1 SKYFOOZE1, LLC 7 COOPERS WAY
KEMPTON, PA 19529
Brief Chain-of-Title for the Mineral Estate Underlying the Property:
1. On August 29, 2019, The 1993 Thomas W. Levitt Family Trust conveyed the mineral estate underlying
the Property to Harmony Heights, LLC, via a bargain and sale deed (see attached, #924910). This
conveyance occurred in conjunction with the Trust conveying the entire Property to Harmony
Heights, LLC.
2. On October 1, 2020, Harmony Heights, LLC conveyed the Property to Ascendigo Property Holdings
(see attached Warranty Deed). Harmony Heights, LLC did not reserve minerals, therefore Ascendigo
received whatever minerals Harmony Heights, LLC owned. Under Colorado law, minerals are
conveyed unless reserved or otherwise excepted from the conveyance.
3. On November 30, 2021, Ascendigo Property Holdings conveyed the Property to Skyfooze1, LLC (see
attached Special Warranty Deed). Ascendigo did not reserve any minerals, therefore 100% of the
minerals that Ascendigo owned were conveyed to Skyfooze1, LLC.
4. Based on items 1 – 3 above, Skyfooze1, LLC is the owner of whatever minerals The 1993 Thomas W.
Levitt Family Trust owned.
Other Notes Regarding the Mineral Estate for the Property:
1. Field of Dreams Enterprises, LLC, has at one point held an ownership interest in land owned by
Skyfooze1, LLC that is adjacent to the Property, but Field of Dreams Enterprises has not had an
ownership interest in the Property. Thus, Field of Dreams Enterprises, LLC is irrelevant to the mineral
estate underlying the Property.
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29
Statement of Authority
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Letter of Authorization
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5. Pre-Application Conference Summary
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6. Vicinity Map (pursuant to Section 4-203(C))
The site for the proposed subdivision is located in the eastern portion of Missouri Heights, approximately
½-mile south of the intersection of Fender Lane (County Road 102) and Harmony Lane, about 3-miles
from El Jebel, and 10-miles from the Town of Carbondale.
Map 1. Vicinity Map
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7. Site Plan (pursuant to Section 4-203(D))
The site plan prepared for the subject property by Western Slope Consulting, LLC is included on the
following page. In accordance with Section 4-203(D), the Site Plan includes:
1. A legal description for the subject parcel.
2. Survey information for the subject property.
3. Existing site topography.
4. Significant on-site features.
5. Existing roads, irrigation ditches, fences, and utility lines on, or adjacent to, the subject property.
6. Information regarding existing easements and rights-of-way on, or adjacent to, the subject property.
7. Area of the proposed lots.
8. Zoning of the subject property and required setbacks.
9. Location, dimensions, and total square feet of existing structures.
10. The source and capacity of the water supply, including location and size of well(s) and/or water lines
to serve the proposed use.
11. The location of existing signs for the purpose of identification, advertising, and traffic control. No new
signage is proposed as part of this application.
The other required elements of a Site Plan, pursuant to Section 4-203(D), are not applicable to the
proposed subdivision and are not included on the enclosed Site Plan. A list of those elements and
explanation for why they are not included is offered below:
1. Proposed site topography. No changes to the site’s topography are proposed with this application.
2. Proposed parking areas, driveways, emergency turnouts, and emergency turnarounds, sidewalks, and
paths, shown by location and dimension. None of these improvements are proposed as part of this
application.
3. Proposed roads, railroad tracks, irrigation ditches, fences, and utility lines on, or adjacent to, the
parcel, shown by location and dimension. None of these improvements are proposed on, or adjacent
to, the parcel as part of this application.
4. Users and grantees of all proposed easements and on, or adjacent to, the parcel, shown by location
and dimension. No easements or rights-of-way are proposed in conjunction with this application.
5. Elevation drawings showing existing grade, finished grade, and height of the proposed structures
above existing grade. No structures are being proposed with this application.
6. Location and size of leach field, sewer service lines, and treatment facilities to serve the proposed use.
No wastewater systems are being proposed and a request for a waiver of the submission
requirements of Section 4-203(N) is included in this application.