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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 3 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 4 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. 5 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. 6 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. 7 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 8 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. 9 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. 18 Application Form 19 20 Payment Agreement Form 21 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. 22 23 24 25 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 26 27 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. 28 29 Statement of Authority 30 Letter of Authorization 31 5. Pre-Application Conference Summary 32 33 34 35 36 37 38 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 39 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.