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HomeMy WebLinkAbout1.00 General Application Materials_PartBNORTH GRAPHIC SCALE 0’ 50’ 100’ 200’400’ 1 INCH = 200 FEET DATE CREATED August 29, 2022 PREPARED BY:Western Slope Consulting LLCPO Box 411Carbondale, CO 81623970.618.4708APPLICANT:Skyfooze1, LLC7 Coopers WayKempton, PA 19529BYDATEREVISIONNO.PROJECT: Fussner Minor Subdivision Application SHEET: SP-1.0 NOTES 1. The approximate location of existing utility infrastructure and fences, shown on the site plan, were sourced from the “Existing Conditions Survery” prepared in September of 2020 by True North Colorado. 2. The survey information and location and information for existing rights-of-way and easements, shown on the site plan, were sourced from the Fussner Minor Subdivision Plat prepared by True North Colorado and included in this application. 3. The existing topography was created from 2016 LiDAR Data for Garfield County collected by Merrick & Co. and made available via the Colorado Hazard Mapping & Risk MAP Portal. 4. The parcel boundaries for off-site properties, shown on the site plan, were sourced from Garfield County GIS Data. There may be minor inaccuracies in the linework depicting these boundaries. 5. The existing building footprints and the alignment of existing roads shown on the site plan were digitized from aerial imagery. There may be minor discrepancies between the location of these elements and the parcel boundaries depicted. 6. The dimensions of the old structures on the property were approximated using Google Earth. 7. The property ownership information and acreage presented on the site plan is current as of August 29, 2022 and was sourced from the records of the Garfield County and Eagle County Assessor. LEGEND Parcel Boundaries(for minor subdivision)Irrigation Pipe (above ground) Parcel Boundaries (off-site)Irrigation Pipe (underground) Required Setbacks Headgate Right-of-Way or Easement Electric Line (overhead) Existing 5’ Contours Electric Line (underground) Slopes between 20%-30%Power Pole Slopes greater than 30%E Electric Manhole Vault x x Existing Fence Electrical Transformer Water Line Gas Line Fire Hydrant Gas Line Marker Water Shut-Off Box Telephone Line W Well T Telephone Pedestal Found No. 5 Rebar & 1-1/4” Orange Plastic Cap Property Corner TNC PLS38215 Found No. 5 Rebar & 1-1/4” Yellow Plastic Cap Property Corner HCE LS19598, unless otherwise noted Set No. 5 Rebar & 1-1/4” Orange Plastic Cap Property Corner TNC PLS38215 Whitecloud RoadLot 4Whitecloud Ridge Subdivision (± 6.05 Acres) SKYFOOZE1, LLCNo. 239128318004 ABBREVIATIONS Approx. = Approximate No. = Parcel Number PUD = Planned Unit Development HOA = Homeowner’s Association Lot 3Whitecloud Ridge Subdivision (± 6.26 Acres) SKYFOOZE1, LLCNo.239128318003 Lot 2Whitecloud Ridge Subdivision (± 5.71 Acres) SKYFOOZE1, LLCNo. 239128318002 Lot 1Whitecloud Ridge Subdivision(± 5.57 Acres) SKYFOOZE1, LLCNo. 239128318001 SKYFOOZE1, LLC No. 239128300237(± 6.00 Acres) Lot 5Whitecloud Ridge Subdivision (± 5.84 Acres) SKYFOOZE1, LLCNo. 239128318005 Lot 11Whitecloud Ridge Subdivision (± 4.00 Acres) SKYFOOZE1, LLCNo. 239129418011 Lot 12Whitecloud Ridge Subdivision (± 4.54 Acres) BARRAS, NORMANNo. 239128318012 Le v i t t L a n e Wind River Road LOT 1± 36.175 ACRES Zoning: Rural (R) LOT 2 ± 5.110 ACRES Zoning: Rural (R)Harmony LaneSunset Lane (Private Road) 25-FootSetback 25-FootSetback 10-Foot Setback Lot 1Barnes Exemption Plat (± 10.15 Acres) BARRAS, NORMANNo. 239128300226 SKYFOOZE1, LLCNo. 239128300225 MUNK, TOBIASNo. 239128300224(± 36.77 Acres) MCMECHEN, KENNETHNo. 239128400074(± 5.74 Acres) 25-FootSetback 10-FootSetback Open SpaceStirling Ranch PUD (± 29.10 Acres) STIRLING RANCH PROPERTY OWNERS ASSOCIATION, INCNo. 239129405031 DUELL, CAROLINENo. 239129100133(± 10.78 Acres) PICCINATI, JOHN W TRUST & PICCINATI, KEM TRUSTNo. 239128200115(± 9.52 Acres) SAHNOW, ADAM & TARANo. 239128200121(± 18.57 Acres) DILLS, BARBARA & NATHANNo. 239128200112(± 5.74 Acres) Lot 4Harmony View SubdivisionFiling No. 2 (± 4.05 Acres) 25-FootSetback Fussner Minor Subdivision Site Plat A PARCEL OF LAND SITUATED IN THE S1/2 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PM, COUNTY OF GARFIELD, STATE OF COLORADO GARFIELD COUNTY PARCEL NO. 23912830025 60’ Wide Roadway & Utility EasementQuit Claim Deed to Jasper JohnsBook 962 Page 240Portion in NW1/4 SW1/4 30’ Wide Roadway & Utility EasementBook 954 Page 709To Fender Lane Garfield CountyEagle CountyHarmony Lane± 22’ Wide Gravel Roadway Wind River Road± 20’ Wide Gravel Roadway Whitecloud Road± 22’ Wide Paved Roadway Whitecloud Road Levitt Lane± 22’ Wide Paved Roadway 10-FootSetback 25-FootSetback LINE DATA TABLE Line Bearing Distance L1 S 62°14’46” W 17.93’ L2 N 03°23’54” E 69.65’ L3 S 62°14’46” W 15.12’ L4 N 89°44’08” W 5.95’ L5 N 02°06’23” E 49.20’ CURVE DATA TABLE Curve Radius Arc Length Chord Length Chord Bearing Delta Angle C1 560.00’ 20.91’ 20.91’ N 63°18’58” E 02°08’23” C2 330.00’ 73.27’ 73.12’ S 55°53’06” W 12°43’20” C3 500.00’ 115.12’ 115.12’ S 73°22’43” W 13°11’29” C4 170.00’ 203.08’ 191.22’ N 65°48’11” W 68°26’41” C5 400.00’ 35.94’ 35.93’ N 34°09’16” W 05°08’52” C6 280.00’ 86.97’ 86.62’ N 38°13’21” E 17°47’49” C7 220.00’ 200.68’ 193.80’ N 55°27’23” E 52°15’54” C8 120.00’ 162.93’ 150.70’ N 42°41’34” E 77°47’32” C9 1475.00’ 100.08' 100.06’ S 06°25’38” E 03°53’15” C10 126.84’ 95.23’ 93.01’ S 13°08’18” W 43°01’03” C11 500.00’ 39.59’ 38.58’ S 64°30’53” W 04°32’12” 30’ Utility & Access EasementBook 1885 Page 699 60’ Wide Roadway & Utility EasementBook 1722 Page 642 - Book 1722 Page 646Book 962 Page 280; Book 1213 Page 550 60’ Wide Roadway & Utility Easement Book 738 Pages 381, 383, 384 & 385 Book 855 Page 386; Book 738 Page 383 Water Storage Tank Book 1213 Page 563 100’ Diameter Utility & Access EasementBook 1885 Page 699; Book 1356 Page 7 30’ Wide Access EasementFor Use & Benefit of Adjacent Parcel to the WestReception No. 515947 RetentionPond L1C1L2L3 C 3 C1 1C2S49°31’26”W 97.08’N40°28’34”W69.78’ N00°06’30”W76.47’ N00°00’00”W83.42’ N41 ° 2 4 ’ 0 2 ” W 6 4 2 . 7 9 ’ N49°45’04”E99.80’ S79°58’28”W 155.83’ C4 S40°28’34”E69.78’ C5 N36°43’42”W100.68’ 60’ Wide Utility, Access, Irrigation & Drainage Easement Reception No. 571155 C6C7N29°19’26”E99.23’ N89°39’09”E 425.10’ S89°39’09”W 503.16’ N00°00’00”W30.00’ N00°00’00”W59.07’S02°39’45”W 682.91’S89°56’49”W 677.27’ Found No. 4 Rebar& 1” Yellow Plastic CapLS14111 N81°35’20”E 281.45’ 229.45’52.00’C8S89°45’54”E 603.84’ N03°23’54”E105.57’ N69°11’09”E 8 7 6. 7 8’ 60’ Wide Roadway & Utility Easement Book 962 Page257 Reception No. 760925 Book 1213 Page 550 Book 962 Page 265 60’ Wide Roadway & Utility Easement Book 954 Page 709 (West 30-Feet) Book 954 Page 210 (East 30-Feet) 20’ Wide Irrigation Ditch EasementBook 1052 Page 896Book 1053 Page 43 S00°34’25”W226.26’ S02°28’40”E91.04’ S06°19’45”E119.31’ 20’ Wide Utility & Access Easement Book 1356 Page 7Book 1885 Page 699 Antonides Buried500 Water Tank& Chlorination 8” Pipe Daylight Headgate Approximate Location of Buried 8” PVC PipeWhitecloud/Levitt Trust Pipeline Antonides Well (Permit No. 47019-F) S01°14’48”E280.78’ 30’ Wide Roadway & Utility EasementBook 747 Page 619(Cross-Hatch Area) S02°01’27”W115.18’ S00°39’06”W148.53’ S01°44’55”E133.99’ Old Structure20’x15’ approx. (300 SF) 30’ Wide Roadway & Utility Easement Book 747 Page 619 (Diagonal-Hatch Area)L4 L5 N89°58’25”W110.00’N01°52’30”E 329.19’30’ Wide Access EasementBook 934 Page 888 S04°29’01”E106.53’ S08°22’15”E67.98’C9C10S38°11’47”W18.82’S89°43’12”W30.74’S08°05’03”W 497 .10 ’Garfield CountyEagle CountyFound No. 5 Rebar PrimitiveTwo-TrackRanch Roads Levitt Well No. 2 (Permit No. 47394-F) Levitt Well No. 3(Permit No. 47395-F)Book 1213 Page 563Book 1885 Page 699 S un rise L ane (Private Road) PrimitiveTwo-TrackRanch Road Abandoned Two-Track Proposed Lot Line Whitecloud Road± 22’ Wide Paved Roadway 60’ Wide Utility, Access,Irrigation & Drainage EasementReception No. 571155 20’ Wide Holy CrossRight-of-Way EasementReception No. 954866 Old Structure22’x20’ approx. (440 SF) Old Structure20’x12’ approx. (240 SF) WaterTank Pump House12’x10’ approx.(120 SF) Lot 13Whitecloud Ridge Subdivision (± 5.41 Acres) BARRAS, NORMANNo. 239128318013 Lot 4Barnes Exemption Plat (± 14.36 Acres) LEVINE, STEVE & ABBYNo. 239128300229 Lot 18Stirling Ranch PUD (± 7.99 Acres) FLAKS, DONALD & MARCIANo. 239129405018 Lot 3 Barnes Exemption Plat (± 8.25 Acres) VENSEL, THERESA & ERICNo. 239128300228 Lot 2 Barnes Exemption Plat (± 8.20 Acres) MEYER, PEGGYNo. 239128300227 Lot 3Joseph’s Meadow Subdivision Exemption (± 12.63 Acres) SUNGOLD HEIGHTS LLCNo. 239128200198 Lot 5Harmony View SubdivisionFiling No. 2 (± 4.45 Acres) STULGIS, VICTORIANo. 239128101004 Lot 20Fox Runs Meadow PUD (± 10.72 Acres) CANIGLIA, ALAN & CAROLNo. 239128419002 Lot 19Fox Runs Meadow PUD (± 10.08 Acres) FITE, JAMES & KIMALANo. 239128419001 Lot 18Fox Runs Meadow PUD (± 8.09 Acres) KUNKLE, WENDYNo. 239128407020 Lot 21Fox Runs Meadow PUD (± 8.16 Acres) IVESCOFIVE LLCNo. 239128407016 Lot 6Harmony View SubdivisionFiling No. 2 (± 6.17 Acres) COON, STEVEN & ANNNo. 239128101004 Lot 7Harmony View Subdivision Filing No. 2 (± 8.17 Acres) ALLEN D. MCGEE 1991 REVOCABLE TRUST INDENTURENo. 239128102008 Lot 2Soderberg SubdivisionFiling No. 4 (± 5.00 Acres) AGUILAR, DAVID & SHIRLEYNo. 239128404002 Lot 1Soderberg SubdivisionFiling No. 2 (± 5.30 Acres) KAREN C. MOCULESKI REVOCABLE TRUSTNo. 239128402001 Lot 3Soderberg SubdivisionFiling No. 4 (± 6.36 Acres) MCVOY, MICHAEL - BRIMM, MICHALNo. 239128404003 Lot 1Grindlay Subdivision (± 6.13 Acres) EM & KM LP No. 239128406010 Lot 1Soderberg SubdivisionFiling No. 4 (± 6.47 Acres) MACDONALD, JOHN & TINANo. 239128402001 MCMECHEN, KENNETHNo. 239128400008(± 1.65 Acres) Lot BGlen Subdivision Exemption (± 5.32 Acres) SULLIVAN, DANIEL & CHERYLNo. 239128300239 Lot AGlen Subdivision Exemption (± 5.33 Acres) BRULE, CHRISTIANE & JONATHAN No. 239128300238 EDWARDS, JOSEPHNo. 239133100002(± 16.48 Acres) CERISE RANCH HOANo. 239133100003(± 6.48 Acres) Eagle Dakota Tract E (± 3.26 Acres) DAKOTA HOA INCNo. 239133107001 Blue Lake PUD Tract F Filing No. V (± 6.79 Acres) BLUE LAKE OWNERS ASSOCATIONNo. 239133101027 Lot 31Cerise Ranch SubdivisionPhase 2 (± 3.47 Acres) ALVAREZ, MARKNo. 239133204031 Lot 32Cerise Ranch SubdivisionPhase 2 (± 8.94 Acres) BYRNE, BRUCE & HEATHERNo. 239133204032 Lot 33Cerise Ranch SubdivisionPhase 2 (± 9.32 Acres) JOHNSON, ROBERT & YISELNo. 239133204033 Lot 34Cerise Ranch SubdivisionPhase 2 (± 7.97 Acres) TAYLOR, DENISE & MITCHELLNo. 239133204034 Lot 35Cerise Ranch SubdivisionPhase 2 (± 4.09 Acres) DOLMAR DEVELOPMENT, INC No. 239133204035 Lot 36Cerise Ranch SubdivisionPhase 2 (± 4.26 Acres) 564 LARKSPUR LLCNo. 239133204036 Lot 37Cerise Ranch SubdivisionPhase 2 (± 4.19 Acres) MARRS, DAVID & MAUREEN No. 239133204037 Lot 38Cerise Ranch SubdivisionPhase 2 (± 4.15 Acres) TRIPLE JP TRUSTNo. 239133204038 Lot 39Cerise Ranch SubdivisionPhase 2 (± 4.19 Acres) PICARD, SCOTTNo. 239133204039 Lot 40Cerise Ranch SubdivisionPhase 2 (± 3.10 Acres) HOLMBECK, LINDSEY & APRIL No. 239133204040 Lot 41Cerise Ranch SubdivisionPhase 2 (± 3.53 Acres) DOLMAR DEVELOPMENT, INC No. 239133204041 Lot 42Cerise Ranch SubdivisionPhase 2 (± 3.67 Acres) DOLMAR DEVELOPMENT, INC No. 239133204042 Lot 43Cerise Ranch SubdivisionPhase 2 (± 3.57 Acres) ROSE,ROBERT & MARYNo. 239133204043 Lot 44Cerise Ranch SubdivisionPhase 2 (± 5.45 Acres) BLOCK, COLLEEN & BENJAMIN, JEFFREYNo. 239132102044 Street Name Sign for Whitecloud Road Stop Sign & Street Name Sign forWind River Road Street Name Signs forWhitecloud Road &Levitt Lane Monument Sign for Whitecloud Ridge Subdivision 41 View of Property Looking North View of Property Looking South 42 View of Property Looking East View of Property Looking West 43 8. Final Plat (pursuant to Section 5-402(F)) The Final Plat for the proposed Minor Subdivision is included on the following pages. The Final Plat has been prepared by True North Colorado LLC in accordance with Section 5-402(F). CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GARFIELD COUNTY AT ____ O'CLOCK_______, ON THE __________ DAY OF________________________, A.D. 2022 AND IS DULY RECORDED AS RECEPTION NO.______________________. ___________________________________________________________ CLERK AND RECORDER BY:_________________________________________________________ DEPUTY CERTIFICATE OF TAXES PAID I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT THE ENTIRE AMOUNT OF TAXES AND ASSESSMENTS DUE AND PAYABLE AS OF______________________________________________, UPON ALL PARCELS OF REAL ESTATE DESCRIBED ON THIS PLAT ARE PAID FULL. DATED THIS _______ DAY OF _________________, A.D., 2022. BY:_____________________________________________________________________ TREASURER OF GARFIELD COUNTY VICINITY MAP COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS AND DRAFTING PURSUANT TO C.R.S., 38-51-101 AND 102, ET SEQ. DATED THIS ________ DAY OF _____________________________, 2022. BY:________________________________________________________________ GARFIELD COUNTY SURVEYOR TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY PO BOX 614 - 529 S. WILD HORSE DRIVE NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com DRAWN RPK SURVEYED CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED SKYFOOZE1, LLC, BEING SOLE OWNER IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY, DESCRIBED AS FOLLOWS: CONTAINING 413285 ACRES, MORE OR LESS, HAS CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED, LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS AS SHOWN ON THIS PLAT UNDER THE NAME AND STYLE OF FUSSNER MINOR SUBDIVISION PLAT, A SUBDIVISION IN THE COUNTY OF GARFIELD. THE OWNER DOES HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER, AND HEREBY DEDICATES TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES, IRRIGATION AND DRAINAGE FACILITIES INCLUDING, BUT NOT LIMITED TO, ELECTRIC LINES, GAS LINES AND TELEPHONE LINES, TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH, WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLER OR PURCHASER, NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS ____ DAY OF _______________, A.D., 2022. OWNER: SKYFOOZE1 LLC 7 COOPERS WAY KEMPTON, PA 19529 BY:___________________________________________________________ SKYLER FUSSNER STATE OF ______________________ ) : SS COUNTY OF ___________________ ) THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF _______________, A.D., 2022, BY SKYLER FUSSNER OF SKYFOOZE1 LLC. WITNESS MY HAND AND OFFICIAL SEAL. _____________________________________________________________ NOTARY PUBLIC MINERAL OWNER OF RECORD: SKYFOOZE1, LLC, A PENNSYLVANIA LIMITED LIABILITY COMPANY 7 COOPERS WAY KEMPTON, PA 19529 SPECIAL WARRANTY DEED RECEPTION NO. 967374 A PARCEL OF LAND SITUATED IN THE S1/2 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PM COUNTY OF GARFIELD, STATE OF COLORADO GARFIELD COUNTY PARCEL NO. 23912830025 FUSSNER MINOR SUBDIVISION PLAT SITE COUNTY COMMISSIONER'S CERTIFICATE BASED UPON THE REVIEW AND RECOMMENDATION OF GARFIELD COUNTY DIRECTOR OF COMMUNITY DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, HEREBY APPROVES THIS MINOR SUBDIVISION PLAT THIS __________ DAY OF_______________________________, A.D., 2022 , FOR FILING WITH THE CLERK AND RECORDER OF GARFIELD COUNTY AND FOR CONVEYANCE TO THE COUNTY OF THE PUBLIC DEDICATIONS SHOWN HEREON, SUBJECT TO THE PROVISIONS THAT APPROVAL IN NO WAY OBLIGATES GARFIELD COUNTY FOR THE FINANCING OR CONSTRUCTION OF IMPROVEMENTS ON LANDS, PUBLIC ROADS, HIGHWAYS OR EASEMENTS DEDICATED TO THE PUBLIC, EXCEPT AS SPECIFICALLY AGREED TO BY THE BOARD OF COUNTY COMMISSIONERS BY SUBSEQUENT RESOLUTION. THIS APPROVAL SHALL IN NO WAY OBLIGATE GARFIELD COUNTY FOR THE CONSTRUCTION, REPAIR OR MAINTENANCE OF PUBLIC ROADS, HIGHWAYS OR ANY OTHER PUBLIC DEDICATIONS SHOWN HEREON. BY:___________________________________________________________________ CHAIRMAN, BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO WITNESS MY HAND AND SEAL OF THE COUNTY OF GARFIELD. ATTEST:_______________________________________________________________ COUNTY CLERK SURVEYOR'S CERTIFICATE I, RODNEY P. KISER, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, THAT THIS PLAT IS A TRUE, CORRECT AND COMPLETE PLAT OF FUSSNER MINOR SUBDIVISION PLAT, AS LAID OUT, PLATTED, DEDICATED AND SHOWN HEREON, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME, OR UNDER MY SUPERVISION, AND CORRECTLY SHOWS THE LOCATION AND DIMENSIONS OF THE LOTS, EASEMENTS AND STREETS OF AS THE SAME ARE STAKED UPON THE GROUND IN COMPLIANCE WITH APPLICABLE REGULATIONS GOVERNING THE SUBDIVISION OF LAND. IN WITNESS WHEREOF, I HAVE SET MY HAND AND SEAL THIS ________ DAY OF _________________________________, A.D., 2022. ___________________________________________________________ RODNEY P. KISER PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 38215 TITLE CERTIFICATE I, KIM SHULTZ, AN AGENT AUTHORIZED BY A LAND TITLE GUARANTEE COMPANY, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON THIS PLAT AND THAT TITLE TO SUCH LANDS IS VESTED IN SKYFOOZE1, LLC AND IS FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING THE REAL PROPERTY IN THIS PLAT), EXCEPT AS SHOWN IN TITLE COMMITMENT NO. BAR64004642-3 DATED: OCTOBER 29, 2021. DATED THIS_______DAY OF___________________________, A.D., 2022. LAND TITLE GUARANTEE COMPANY 200 BASALT CENTER CIRCLE BASALT, CO 81621 BY:____________________________________________________ KIM SHULTZ, AUTHORIZED AGENT SURVEY NOTES: ORF REV I E WDATE: August 24, 2022 DJB-GBL PLAT NOTES: 30' WIDE ROADWAY & UTILITY EASEMENT BOOK 747 PAGE 619 (HATCHED AREA) 60' WIDE ROADWAY & UTILITY EASEMENT BOOK 738 PAGES 381, 383, 384 & 385 BOOK 855 PAGE 386 BOOK 738 PAGE 383 60' WIDE ROADWAY & UTILITY EASEMENT BOOK 962 PAGE 257 RECEPTION NO. 760925 BOOK 1213 PAGE 550 BOOK 962 PAGE 265 60' WIDE ROADWAY & UTILITY EASEMENT BOOK 1722 PAGE 642 - BOOK 1722 PAGE 646 BOOK 962 PAGE 280 BOOK 1213 PAGE 550 WIND RIVER ROAD 20'± WIDE GRAVEL ROADWAY WHITECLOUD ROAD 22'± WIDE PAVED ROADWAY LEVITT WELL NO. 3 LEVITT WELL NO. 2 BOOK 1213 PAGE 563 BOOK 1885 PAGE 699 WATER STORAGE TANK BOOK 1213 PAGE 563 100' DIAMETER UTILITY & ACCESS EASEMENT BOOK 1885 PAGE 699 BOOK 1356 PAGE 7 RETENTION POND 30' WIDE UTILITY & ACCESS EASEMENT BOOK 1885 PAGE 699 30' WIDE ACCESS EASEMENT BOOK 934 PAGE 888 30' WIDE ACCESS EASEMENT FOR USE & BENEFIT OF ADJACENT PARCEL TO THE WEST RECEPTION NO. 515947 LOT A GLEN SUBDIVISION EXEMPTION RECEPTION NO. 515947SKYFOOZE1 LLC PARCEL NO. 239128300237 40' UTILITY & ACCESS EASEMENT BOOK 1356 PAGE 7 BOOK 1885 PAGE 699 60' WIDE ROADWAY & UTILITY EASEMENT BOOK 954 PAGE 709 (WEST 30 FEET) BOOK 954 PAGE 710 (EAST 30 FEET) 60' WIDE ROADWAY & UTILITY EASEMENT QUIT CLAIM DEED TO JASPER JOHNS BOOK 962 PAGE 240 PORTION IN NW1/4SW1/4 20' IRRIGATION DITCH EASEMENT BOOK 1052 PAGE 896 BOOK 1053 PAGE 43 LOT 19 FOX RUN MEADOWS P.U.D. LOT 20 FOX RUN MEADOWS P.U.D. LOT B GLEN SUBDIVISION EXEMPTION RECEPTION NO. 515947 GRAVEL ROADWAYLEVITT LANE 22'± WIDE PAVED ROADWAY LOT 1 WHITECLOUD RIDGE SUBDIVISION RECEPTION NO. 571155 LOT 2 WHITECLOUD RIDGE SUBDIVISION RECEPTION NO. 571155 LOT 3 WHITECLOUD RIDGE SUBDIVISION RECEPTION NO. 571155 LOT 13 WHITECLOUD RIDGE SUBDIVISION RECEPTION NO. 571155 LOT 1 BARNES EXEMPTION PLAT RECEPTION NO. 488736 LOT 2 BARNES EXEMPTION PLAT RECEPTION NO. 488736 LOT 3 BARNES EXEMPTION PLAT RECEPTION NO. 488736 LOT 4 BARNES EXEMPTION PLAT RECEPTION NO. 488736 OWNER: TOBIAS MUNK PARCEL NO. 239128300224 HARMONY LANE 22'± WIDE GRAVEL ROADWAY LOT 34LOT 35 CERISE RANCH - PHASE 2 SUBDIVISION RECEPTION NO. 589152 LOT 36LOT 37LOT 38 LOT 33 LOT 32 SUNSET LANE GRAVEL ROADWAY SUNRISE LANE GRAVEL ROADWAY LOT 1 SODERBERG SUBDIVISION FILING NO. 4 RECEPTION NO. 452600 OWNER: KENNETH D. McMECHEN PARCEL NO. 239128400074 FOUND NO. 5 REBAR FOUND NO. 4 REBAR & 1" YELLOW PLASTIC CAP LS14111 FOUND NO. 5 REBAR WEST 1/16 CORNER SECTIONS 28/33 FOUND 2-1/2" ALUMINUM CAP (NO STAMPING) C1 L1 C2 97.08'S49°31'26"W N40°28'34"W 69.78' N00°06'30"W 76.47'N49°45'04"E99.80'N00°00'00"W 83.42' L3 POINT OF BEGINNING L2C3S79°58'28"W 155.83'C4C5S40°28'34"E 69.78' N36°43'42"W 100.68'C6N29°19'26"E 99.23' C7 C8N81°35'20"E 28 1 . 4 5 ' SW 1/16 CORNER SECTION 28 FOUND 2" ALUMINUM CAP LS22580 N03°23'54"E 105.57' S89°45'54"E 603.84' N69°11' 0 9 " E 8 7 6 . 7 8' S00°34'25"W 226.26' C-S 1/16 CORNER SECTION 28 FOUND 1" ALUMINUM CAP LS2376 1.27' WITNESS CORNER S06°19'45"E 119.31' S02°28'40"E 91.04' L4 S01°14'48"E 280.78' S02°01'27"W 115.18' S00°39'06"W 148.53' S01°44'55"E 133.99' S04°29'01"E 106.53' C9 C10 S08°22'15"E 67.98' OLD BARBED WIRE FENCE (TYPICAL) S38°11'47"W 18.82'S89°43'12"W 30.74'N01°52'30"E 329.19'N89°58'25"W 110.00'N02°06'23"E 49.20' S89°56'49"W 677.27'S02°39'45"W 682.91'60' UTILITY, ACCESS, IRRIGATION AND DRAINAGE EASEMENT RECEPTION NO. 571155 60' UTILITY, ACCESS, IRRIGATION AND DRAINAGE EASEMENT RECEPTION NO. 571155 LOT 1 36.175± ACRES SOUTHWEST CORNER SECTION 28 FOUND 3-1/4" GARFIELD COUNTY SURVEYOR ALUMINUM CAP (BASIS OF BEARINGS) S89°40'17"W 1371.23' LOT 39LOT 40LOT 41 NE1/4SW1/4 SEC. 28 SE1/4SW1/4 SEC. 28SW1/4SW1/4 SEC. 28 NW1/4SW1/4 SEC. 28 ANTONIDES WELL WELL PERMIT NO. 47019-F 30' WIDE ROADWAY & UTILITY EASEMENT BOOK 954 PAGE 709 TO FENDER LANE 30' WIDE ROADWAY & UTILITY EASEMENT BOOK 747 PAGE 619 (CROSSED-HATCH AREA)N03°23'54"E 731.88'44.97' N 4 1 ° 2 4 ' 0 2 "W 6 4 2 . 7 9 ' N00°00'00"W 59.07' N89°39'09"E 425.10' N00°00'00"W 30.00' S89°39'09"W 503.16' 20' HOLY CROSS ENERGY RIGHT-OF-WAY EASEMENT RECEPTION NO. 954866 229.45'52.00'S08°05'03"W 497.10'C11 LOT 2 5.110± ACRES OWNER SKYFOOZE1 LLC 7 COOPERS WAY KEMPTON, PA 19529 PARCEL NO. 239128300225 MINERAL OWNERSHIP SPECIAL WARRANTY DEED RECEPTION NO. 967374 ORF REV I E W TRUE NORTH COLORADO LLC. A LAND SURVEYING AND MAPPING COMPANY PO BOX 614 - 529 S. WILD HORSE DRIVE NEW CASTLE, COLORADO 81647 (970) 984-0474 www.truenorthcolorado.com DATE:August 24, 2022 DRAWN RPK SURVEYED DJB-GBL 125'62.5'250' SCALE: 1" = 125' 0 A PARCEL OF LAND SITUATED IN THE S1/2 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH PM COUNTY OF GARFIELD, STATE OF COLORADO FUSSNER MINOR SUBDIVISION PLAT CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 560.00' 20.91'20.91'N 63°18'58" E 02°08'23" C2 330.00' 73.27'73.12'S 55°53'06" W 12°43'20" C3 500.00' 115.12'115.12'S 73°22'43" W 13°11'29" C4 170.00' 203.08'191.22'N 65°48'11" W 68°26'41" C5 400.00' 35.94'35.93'N 34°09'16" W 05°08'52" C6 280.00' 86.97'86.62'N 38°13'21" E 17°47'49" C7 220.00' 200.68'193.80'N 55°27'23" E 52°15'54" C8 120.00' 162.93'150.70'N 42°41'34" E 77°47'32" C9 1475.00' 100.08'100.06'S 06°25'38" E 03°53'15" C10 126.84' 95.23'93.01'S 13°08'18" W 43°01'03" LINE BEARING DISTANCE L1 S 62°14'46" W 17.93' L2 N 03°23'54" E 69.65' L3 S 62°14'46" W 15.12' L4 N 89°44'08" W 5.95' LINE DATA TABLE CURVE DATA TABLE C11 500.00' 39.59'38.58'S 64°30'53" W 04°32'12" - FOUND NO. 5 REBAR & 1-1/4" ORANGE PLASTIC CAP PROP CORNER TNC PLS38215 - FOUND NO. 5 REBAR & 1-1/4" YELLOW PLASTIC CAP PROP CORNER HCE LS19598 UNLESS OTHER WISE NOTED - SET NO. 5 REBAR & 1-1/4" ORANGE PLASTIC CAP PROP CORNER TNC PLS38215 46 9. Water Supply and Distribution Plan (pursuant to Section 4-203(M)) In accordance with Section 4-203(M) of the Garfield County Land Use and Development Code, an engineering report for the water supply and distribution plan for the Minor Subdivision has been prepared by Colorado River Engineering, Inc. and is provided on the following pages. The attachments to this engineering report can be found in Appendix C. 136 E 3rd St # C, Rifle, CO 81650| Office: 970-625-4933 | http://coloradorivereng.com Colorado River Engineering June 8, 2022 Matt Farrar Western Slope Consulting, LLC matt@coloradoplanning.com RE: Skyfooze1, LLC – Parcel D Minor Subdivision Water Report Dear Matt, At the request of Skyfooze1, LLC, Colorado River Engineering, Inc. (“CRE”) prepared the following engineering report to address the water supply requirements for subdivision of Parcel D (Parcel ID 239128300225). Parcel D is proposed to be split into two lots, one approximately 5 acres and one approximately 36 acres in size. Each lot will have a single family dwelling unit and an ADU. The submittal requirements outlined in Section 4-203.M. Water Supply and Distribution Plan and the standards of Sections 7-104 Source of Water and 7-105 Central Water Distribution and Wastewater Systems of the Garfield County Land Use and Development Code (“LUDC”) are presented below. SECTION 4-203.M.1 Water Supply In accordance with the LUDC, Section 4-203. M. requires that any development served by a Water Supply Entity shall submit a letter prepared by the engineer of the Water Supply Entity. The requirements listed in Sections 4-203.M.1.a(1)(a) through (f) are presented below. Potable water for Parcel D will be supplied from the existing Whitecloud Ridge Domestic Water System operated by the Whitecloud Ridge Homeowners Association. The domestic water system is supplied by two existing wells, Levitt Well Nos. 2 and 3. The Levitt Wells are decreed as alternate points of diversion to the Basalt Conduit and are augmented for calls by downstream senior water rights in Case No. 01CW305. The Levitt Wells are augmented by the attached BWCD Contract No. 269, which covers demands totaling up to 14.9 AF/year and depletions up to 4.51 AF/year (as outlined in the BWCD Matt Farrar June 8, 2022 Page 2 of 5 Contract Water Requirements Table by Resource Engineering dated Oct. 8, 1996). These demands include in-house use for 26 residential dwelling units, watering 12 livestock animals, irrigation of 1,500 square feet per unit (39,000 square feet total), and irrigation of 21,780 square feet of open space. The wells are permitted by the Division of Water Resources (“DWR”) and can utilize 14.9 AF/year, at a maximum simultaneous pumping rate of 50 gpm from both wells. Levitt Well No. 2 is permitted under Well Permit No. 055124-F and Levitt Well No. 3 is permitted under Well Permit No. 055125-F (see attached permits). The potable water system includes disinfection treatment, 200,000 gallons of storage to meet fire flows and peak day demands, water distribution mains, and fire hydrants. The system is set up to serve the Whitecloud Ridge Subdivision, Parcel C (Lot 14), and Parcel D. Parcel D is allocated 7 dwelling units, 6 livestock, and 10,500 square feet of irrigation in accordance with the attached Amended and Restated Whitecloud Ridge Domestic Water System Operating Agreement. Water Demand The potable water demand for the Parcel D Minor Subdivision is a subset of the demand proposed for the Whitecloud Ridge Domestic Water System. The demand for Parcel D is estimated at 2.29 acre feet per year including 1.57 acre feet for in-house uses, 0.65 acre feet for irrigation, and 0.07 acre feet for livestock watering. In addition, raw water irrigation from shares in the Missouri Heights and Mountain Meadows Irrigation Company (“MHMMIC”) will occur on Parcel D. Parcel D owns A Shares and B Shares of MHMMIC Stock. Irrigation water will be used within the Parcel D Subdivision to the extent water is legally and physically available and delivered to MHMMIC shareholders. Water Source and Yield As mentioned above, the water source for the potable water system is the Levitt Well Nos. 2 and 3. Pumping tests have been performed on these wells in 1996, 2016, and 2020. Levitt Well Nos. 2 and 3 both have 25 gpm pumps installed and are both plumbed to fill the 200,000-gallon tank on the property. Levitt Well Nos. 2 and 3 are 50 feet apart, are hydraulically connected, and operate as redundant wells from a single source of water. The tests indicate that the wells are capable of supplying the demands of the project. Matt Farrar June 8, 2022 Page 3 of 5 The 1996 pumping tests occurred when the wells were drilled . The static water level was 260 feet and the yield of the wells was estimated at 20 gpm by the driller. (See attached well completion reports). In 2001, pumps were installed in the wells. The attached pump installation reports show that the static water level was measured at 272 feet. The 2016 pumping test was conducted by Zancanella and Associates and documented in the attached February 24, 2017 report. The static water level was 277 feet. The wells were pumped at a rate of 30 gpm. The test indicated that the wells could sustain a pumping rate of 30 gpm. The September 2020 pumping test was conducted by SGM and documented in the attached January 11, 2021 Memorandum. The static water level was measured at 255 feet. The SGM test shows that during peak month use (June and July), the wells may result in temporary mining of the aquifer. The average annual use rate is significantly less than the peak month use rate and if there was residual drawdown, the aquifer would fully recover after peak month usage. The recharge and recovery of the aquifer is demonstrated in the static water level measurements from 1996 to 2020. The static level was 260 feet after the wet year of 1995, dropped to 277 feet in 2016, and recovered to 255 in 2020 after the wet year of 2019. Water Quality Water quality samples and analysis of Levitt Well Nos. 2 and 3 were conducted by SGM and documented in the January 11, 2021 Memorandum. The parameters tested in the SGM samples include all of the required parameters in Section 4-203.M.1.a(1)(a), plus many additional parameters to give a complete characterization of the water. Levitt Well Nos. 2 and 3 are drilled to 320 ft and 360 ft respectively and are classified as groundwater wells not under the influence of surface water. The wells produce safe drinking water in accordance with EPA primary and secondary drinking water standards as reported by SGM from the laboratory results. Matt Farrar June 8, 2022 Page 4 of 5 The SGM report states “Analysis included testing for water hardness, with a result of 259 mg/L, indicating hard water. Hardness can leave residue on cook ware and suppress soaping effectiveness. Hardness can cause calcium scaling, especially when heated. Garfield County Water Treatment Decision Guide states that any water hardness value over 175 mg/L is considered hard, and anything over 500 mg/L may not be desirable for consumption. With a reported hardness of 259 mg/L, the water is considered hard but still desirable for consumption. Several indices exist which can help predict water scaling and corrosive behavior. The Langelier Saturation Index, Ryznar Index, and Stiff & Davis Index were all calculated for the source water. Results from these calculations indicate that the water has low scale forming potential and is overall balanced with a slight tendency towards a calcium carbonate dissolving/corrosive quality. This is positive for the water system, since when water is heated it shifts the indices closer to scale forming behavior. Only when the water is heated to temperatures over 122 F the indices reach the designated “scale forming behavior” range. This should help protect the internal plumbing system from any significant scaling.” The individual homeowners may choose to install individual water softener systems to treat the hard water if it becomes an issue. Reported values of Calcium and Magnesium, 51.4 mg/L and 31.8 mg/L, respectively, exceed the recommended values of 31 mg/L and 19 mg/L, respectively in the Garfield County Water Treatment Decision Guide. Being secondary water quality parameters, treatment is not required. Total Dissolved Solids (TDS) is reported at 345 mg/l. No taste or odor issues are anticipated with a total dissolved solids (TDS) value below the recommended 500 mg/L, indicating water quality acceptable for domestic consumption. Uranium and Gross Alpha are both detected in the groundwater. Both levels are below 50-percent of the EPA and CDPHE MCLs. As stated above , the water treatment currently includes disinfection using liquid sodium hypochlorite and a flow paced metering pump. Liquid chlorine is injected upstream of water entering the storage tank. The water system is not currently classified as a public water system. Once it is determined that system will begin to serve more than 14 dwelling units or 25 persons per day, the system will begin the CDPHE permit process. The system will be permitted with CDPHE and meet the CDPHE Design Criteria in effect at that time. Matt Farrar June 8, 2022 Page 5 of 5 Water Conservation and Water Demand Management The Whitecloud Ridge Homeowners Association has the authority to implement water conservation or demand management measures for the potable water system. The attached Rules, Regulations and Policies have provisions in Article II Paragraph 6. Emergencies/Water Shortages to allow the Association to limit water use in times of a water shortage. The In-house use can be limited and the outside irrigation use can be limited or curtailed as may be necessary to address the water shortage. SECTION 4-203.M.2 Water Distribution The water distribution system has been constructed as part of the approved Whitecloud Ridge Subdivision. The distribution system includes a 200,000 gallon storage tank, 6- inch mains, shut off valves, drain valve, and fire hydrants. Parcel B of the subdivision is located adjacent to both Levitt Lane and Whitecloud Lane and can be served from the existing water main in Levitt Lane. The existing water main traverses through Parcel A from the storage tank near the northeast corner to the Levitt Lane turnaround at the northeast corner of Lot 1, Whitecloud Ridge Subdivision. The distribution system is adequate to meet peak hour demand and peak day plus fire flow demand. Please call if you have any questions or need additional information. Sincerely, Michael J. Erion, P.E. Principal Water Resources Engineer Job Number 21650 MJE/mje Cc: Skyler Fussner Jeff Fussner Attachments 52 10. Wastewater Management and System Plan (pursuant to Section 4-203(N)) Introduction Lot 1 and Lot 2 will each be served by an Onsite Wastewater Treatment System (OWTS). NRCS Soil Survey information indicates that site soils may limit the use of a conventional OWTS so use of an alternative OWTS may be necessary. A site-specific geotechnical evaluation will be required to determine the type of OWTS best suited for Lot 1’s and Lot 2’s geologic conditions. A request for a waiver of the submission requirements of Section 4-203(N) is included in this application. In 1995, Hepworth-Pawlak Geotechnical, Inc. prepared a preliminary geotechnical study for the Levitt Subdivision (i.e., Whitecloud Ridge Subdivision) that included an exploratory pit and soil percolation test on Lot 2 of the proposed Minor Subdivision. The report states: “Percolation testing was performed in shallow pits adjacent to five of the exploratory pits as shown on Fig. 1. The percolation test holes were dug and soaked on November 20, 1995. Percolation tests were performed on November 21, 1995. The test results are attached on Table II and indicate the area is suitable for conventional leach field septic systems.” A copy of this study is included in Appendix C. Although this study maybe 27-years old, the findings should still be applicable to this application as the underlying geology has not significantly changed. Further, site-specific OWTS designs have been prepared for Lot 4 and Lot 8 of the Whitecloud Ridge Subdivision. Those designs have been included in Appendix C. These designs provide further evidence that OWTS will be feasible on Lot 1 and Lot 2 of the proposed Minor Subdivision. Both Lot 1 and Lot 2 have sufficient space for an OWTS to be installed in conformance with the county’s minimum distance requirements, specifically the minimum distance required between a leaching area and well (100 feet). Design and Construction The size of Lot 1 and Lot 2 offer several locations where a single-family home and ADU/SDU could be constructed. The lot owners will be responsible for identifying their preferred building site. The location of the single-family home and ADU/SDU will then be used to identify an appropriate site for an OWTS. Absent a specific building site, a geotechnical evaluation of the entirety of Lot 1 and Lot 2 or a geotechnical evaluation of potential building sites (which there are several) would be necessary to satisfy the requirements of Section 4-203(N). That would be an unnecessary financial burden for the applicant and would not be practical. Therefore, at the time of building permit, it will be the lot owner’s responsibility to obtain a geotechnical evaluation from a qualified professional (in accordance with Section 4-203(A)) specific to the areas where improvements are to be constructed. The geotechnical evaluation will include subsurface investigation, soil percolation testing, and any other studies required to determine the maximum seasonal groundwater and depth to bedrock in compliance with the applicable county and state OWTS regulations. The location of percolation testing sites shall be noted and identified on a map included in the geotechnical evaluation report. The owners of Lot 1 and Lot 2 will be responsible for ensuring that the plans, specifications, and construction of their OWTS conforms to the county’s OWTS requirements, the requirements of the Colorado Department of Public Health and the Environment (CDPHE) Water Quality Control Commission, 53 and any recommendations provided in the geotechnical evaluation. The OWTS will be designed by qualified professional engineer licensed in the State of Colorado. Evidence of the OWTS’s compliance with the applicable county and state OWTS requirements will be submitted by the lot owners at time of building permit. Operation and Maintenance The EPA and Garfield County recommend that property owners conduct regular maintenance on their OWTS according to the following schedules: Table 4. Recommended OWTS Maintenance Maintenance Task Frequency (Garfield County) Frequency (EPA) Inspection of OWTS Once a year. At least every 3 to 5 years. Cleaning of OWTS Cleaned as necessary, if inspected once a year. No recommendation provided. Pumping of OWTS Every 4 years, when a yearly inspection by the owner is not practical. Every 3 to 5 years. Inspection of alternative OWTS with electrical float switches, pumps, or mechanical components. No recommendation provided. Generally, once a year. Without a site-specific OWTS design, it is not possible to include a proposed management plan for the operation and maintenance of the OWTS in this application, pursuant to Section 4-203(N)(b). Therefore, the owners of Lot 1 and Lot 2 will be responsible for developing a management plan specific to their OWTS and providing a copy of such plan to the county as required. As appropriate, the recommendations of the EPA and Garfield County should be used to inform the OWTS management plan for Lot 1 and Lot 2. 54 11. Access and Traffic Analysis Analysis of Legal Access Kevin Giles, with Holland & Harp LLP, prepared an analysis of legal access to/from Lot 1 and Lot 2 within the proposed subdivision. That analysis is included on the following pages. 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 subject property’s (as well as the Whitecloud Ridge Subdivision properties) legal right to use Harmony Lane for access to/from Fender Lane (County Road 102). The analysis prepared by Ms. Oates is provided on the following pages. The attachments to this analysis can be found in Appendix E. Analysis of Physical Access & Traffic McDowell Engineering has prepared an analysis of the existing system of roads that serve the proposed subdivision and the traffic anticipated to be generated by development on Lot 1 and Lot 2. This analysis can also be found on the following pages. The attachments to the McDowell’s analysis can be found in Appendix C. T 970.925.3476 F 970.925.9367 600 East Main Street, Suite 104, Aspen, CO 81611-1991 www.hollandhart.com Alaska Colorado Idaho Montana Nevada New Mexico Utah Washington, D.C. Wyoming PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATIONS MEMORAND UM June 21, 2022 TO: Matt Farrar, Western Slope Consulting, LLC FROM: Kevin P. Giles CC: Jeff Fussner and Skyler Fussner RE: Legal Access to Fussner Minor Subdivision Plat 114488.0001 SKYFOOZE1, LLC is the record title holder of a 41.285-acre parcel of land in Garfield County, Colorado (the “Property”). The Property is depicted and legally described in that Improvement Survey Plat dated November 30, 2021 from Rodney P. Kiser of True North Colorado, LLC (the “Improvement Survey Plat”). The Improvement Survey Plat refers to the Property as “Parcel D.” The Property previously was owned by The 1993 Thomas W. Levitt Family Trust (the “Levitt Trust”). SKYFOOZE1, LLC seeks a minor subdivision of the Property (the “Minor Subdivision”), as more particularly shown in the Fussner Minor Subdivision Plat prepared by True North Colorado, LLC as of May 25, 2022 (the “Minor Subdivision Plat”). The Minor Subdivision would subdivide the Property into two lots: “Lot 1,” which will consist of 5.110 acres and will be the western-most portion of the Property, and “Lot 2,” which will consist of 36.175 acres and will be the remaining portion of the Property. The purpose of this memo is to describe ingress and egress rights for the Property following the Minor Subdivision. I. LOT 1 – INGRESS & EGRESS Ingress and egress to Lot 1 can be made through Harmony Lane, which is a public road (see, for example, plat note 3 on the Whitecloud Subdivision Plat, Garfield County Reception Number 571155) that provides access to the eastern boundary of Lot 1. Please note that I am not in possession of full title work for Harmony Lane, and therefore am not in a position to verify the public nature of Harmony Lane and limits or restrictions on its use. Matt Farrar June 21, 2022 Page 2 Alternatively, Lot 1 may be accessed through Wind River Road, Whitecloud Road, and Levitt Lane in the same manner that Lot 2 is accessed, as discussed below. II. LOT 2 – INGRESS & EGRESS Ingress and egress to Lot 2 is via Harmony Lane to Wind River Road to Whitecloud Road and, finally, to Levitt Lane. a. Harmony Lane Harmony Lane is a public road (see plat note 3 on the Whitecloud Subdivision Plat), and therefore it may be used to access Wind River Road. b. Wind River Road Lot 2’s rights of ingress and egress across Wind River Road are established by easements granted to the Levitt Trust by owners of the land over which Wind River Road crosses. The first such easement was granted by Jasper Johns on December 26, 1995 at Garfield County Reception Number 486912. The scope of this easement is for roadway and utility access for no more than 26 subdivided lots. This easement was expanded by a second easement granted by Jasper Johns on December 31, 2008 at Garfield County Reception Number 760925. This second easement has the same scope as the first, and it expanded the benefited properties that may use the first easement to include the Property. These two easements are appurtenant to the Property, meaning they apply to successors-in-interest of the Levitt Trust, such as SKYFOOZE1, LLC and its successors. SKYFOOZE1, LLC may use these two easements to cross Wind River Road for purposes of accessing Lot 2. c. Whitecloud Road Whitecloud Road has two sections: the first section runs along land that is to the north of the Whitecloud Ridge Subdivision; the second section runs through the Whitecloud Ridge Subdivision. The owner of Lot 2 has ingress and egress rights across both portions, as set forth below. For the portion of Whitecloud Road that is outside of the Whitecloud Ridge Subdivision, Lot 2’s ingress and egress rights are established by an easement granted to Thomas W. Levitt, Molly G. Levitt, and the Levitt Trust (collectively, the “Levitts”). The easement was granted by Mark Garnier on September 1, 2005 at Garfield County Reception Number 681426. The scope of this easement is for roadway and utility access to the Levitts’ property, as such property may be developed in accordance with Garfield County regulations. This easement is appurtenant to the Property, and thus may be used by SKYFOOZE1, LLC and its successors to cross the portion of Whitecloud Road that is outside of the Whitecloud Ridge Subdivision in order to access Lot 2. Matt Farrar June 21, 2022 Page 3 Where Whitecloud Road enters and crosses the Whitecloud Ridge Subdivision, it is a public road as dedicated in the Whitecloud Subdivision Plat. Because such portion is a public road, SKYFOOZE1, LLC and its successors may use such portion of Whitecloud Road to access Lot 2. Levitt Lane Levitt Lane is an approximately 350-foot road exclusively within the Whitecloud Ridge Subdivision. The western boundary of Levitt Lane intersects with Whitecloud Road, and the eastern boundary of Levitt Lane ends where Levitt Lane abuts the western boundary of Lot 1. The Whitecloud Ridge Subdivision Plat established Levitt Lane as a public road. For these reasons, SKYFOOZE1, LLC and its successors may use Levitt Lane to access Lot 2. Notably, SKYFOOZE1, LLC granted an easement to what is commonly referred to as Parcel B (parcel number 239128300237) across a 60-foot-wide strip of land to the immediate north of the northern boundary of Parcel B. This easement effectively serves as a continuation of Levitt Lane so that Parcel B may have access to Levitt Lane. Lot 1, as the owner of the property underlying this easement, may use the improvements on this easement as part of its access to and from Lot 1. Additionally, this easement should be shown in the Fussner Minor Subdivision Plat. 19131348_v2 haä LOt EXHIBIT Oetos, KNBzBvlcH, GARDENSwARTZ, Kollv & Monnow, P. LAW OFFICES OF PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 Ê. HOPKINS AVENUE ASPEN, COLORADO, 81 61 1 WWW,OKGKM.NÉT LËONARD M, OATES RICHARD A KNEZEVICH TED D. GARDENSWARTZ DAVID B. KELLY MARIAMORROW TELEPHONË (970) 920-1700 FACSII\,llLE (970) 920-1 1 21 DTRECT (970) 544-1853 smo@okglaw.comOFCOUNSEL: STEPHEN R. CONNOR ANNE I\,llARIE MCPHEE SARAH M. OATES STEPHANIE HOLDER INlay 5,202I VIA E-MAIL Kelly Cave, Assistant County Attorney Garfield County Attorney's Office 108 8th Street, Suite 219 Glenwood Springs, CO 81601 Re: Ascendigo - Right to IJse and Improve Høtmony Lane Dear Kelly, As requested by you and Glenn Hartmann, I am providing documentation with respect to the legal right of access by Ascendigo Property Holdings and Ascendigo Austism Services, Inc. cóllectively "Ascendigo") to Harmony Lane as well as Ascendigo's right to repair, maintain and improve Harmony Lane. Written fnstuments Although use of Harmony Lane by property owners who border Harmony Lane may have pre- existed any written easements, legal instruments granting an interest in and to an easement from CR-I02 to the south appear of record in both the Garfield and Eagle County records the late 1960s. Most importantly, the property purchased by C.T. Garth and Mary Jane Garth ("Garths") included an interest in and to 60-foot-wide easement and the right to build, maintain and use the roadway (e.g.Harmony Lane) pursuant to a Warranty Deed recorded as Reception No. 236827 inthe in the Garfield County records. Additionally, an identical conveyance was provided to Angus Anderson and Mary Symes Anderson ("Andersons") pursuant to a Warranty Deed recorded as Reception No. 236828 in the Garfreld County records. These deeds are attached hereto as Exhibits "4" and "B." The road easement is g"n"rãlly described as between the Eagle-Garfield County boundary line and Sections 27 and 28 from the County Road (e.g. CR-l02) to the southerly line of NW 1/' SE y^ of Sections 27 and 28 - which is the location of Harmony Lane. The parcels acquired by Acendigo on September 29,2020were originally owed by the Garths and Andersons. The Garth and Anderson sold these parcels to the Mid-Valley Land Company ORIES, KNpzEvlcH, GnRnnNSwARTZ, Kr.,r,r,v & Monnow, P.C Ascendigo Property Holdings - Road Access and Improvemcnts IN{ay 5,2021 Page2 MVLC") pursuant to Warranty Deeds recorded as Reception No. 238061 and 238062 in the Garfîeld County records on June 5,1967. These deeds are attached hereto as Exhibits "C" and "D." Mid-Valley Land Company subsequently subdivided and sold off various pieces of the land it acquired not only to Acendigo's predecessor-in-interest, the Levitt family, but MVLC also sold off various other neighboring parcels during the 1960s and 1970s. MVLC sold its last remaining properties to Ascendigo's processor- in-interest, the Levitts, in 1994. In the 1980s, MVLC entered into a series of Deeds of Easement with various owners of properties that MLVC had previously sold to including the Goetze, Passin and Worhol properites (now owned by Ascendigo) and the Johns property (now owed by Tobias Munk). MVLC not only granted and conveyed access easements along Harmony Lane to and from CR-l02 but also received reciprocal easements from these owners for the section of Harmony Lane located on and/or within these properties. Given the conveyance in the 1960s to the Garths and Anderson in and to Harmony Lane, and the Deeds of Easement from the 1980s from and to MLVC, Ascendigo's right to use and maintain Harmony Lane is clearly documented in the records. The deeds to and from MLVC are attached hereto as Exhibits "E" through'0L." Right to Improve As mentioned above the original written instruments creating and/or acknowledging Harmony Lane state there is a right to build, maintain and use the roadway. Ascendigo, as a successor-in-interest to portions of both the Garth and Anderson properties, has a right to maintain Harmony Lane. Since the written instruments do not define "right to maintain" it is important to understand Colorado law with respect to the rights of an easement holder and its ability to improve roads. "The owner of an easement may make any use of the easement (including maintenance and improvement) that is reasonably necessary to the enjoyment of the easement." Lazy Dog Ranch v. Telluray Ranch Corp., 965P.zd 1229, 1238 (Colo. 1998). In its land use application, Ascendigo has stated that it plans on removing the existing chip and seal surface on Harmony Lane between its primary entrance and CR-I02, regrade the road surface to promote drainage, and apply new chip and seal pavement surface to promote drainage. Ascendigo is not only proposing this irnprovement to maintain the road and provide adequate drainage to prevent unnecessary damage to the road, but also to help manage dust issues which have been noted by neighbors. Ascendigo's proposal is clearly reasonably necessary to the enjoyment of the easement and is permitted under the original conveyance of the easement which not only granted Ascendigo an interest in the easement itself but also the right to build. maintain and use the road. Please let me know if you have any questions or want to discuss further OAtes, KNpzpvlcH, G,IRnENSwARTZ, Krlrv & Monnow, P.C. Ascendigo Property Holdings - Road Access and Improvements INlay 5,2021 Page 3 Sincerely, Oltns, KNgznvrcn, GARDENSwARTz, KBuv & Monnow, P.C. Sarah M. Oates Cc:Bob Schultz Dan Richardson Glenn Hartmann August 23, 2022 Western Slope Consulting ATTN: Matt Farrar 0165 Basalt Mountain Drive Carbondale, CO 81623 RE: Fussner Minor Subdivision – Traffic Generation Analysis Garfield County Parcel #239128300225 Introduction This Trip Generation Analysis serves to provide proposed vehicle trip generation, traffic counts, and an analysis of the roadway requirements on Harmony Lane for the proposed project, Fussner Minor Subdivision, located in Garfield County, Colorado. Site Description The project site is located approximately 3 miles northwest from downtown El Jebel with direct access to Harmony Lane. The proposed project consists of a single parcel that will be subdivided into two parcels. The single parcel consists of approximately 41 Acres of land. Figure 1: Vicinity Map Site One Mile Radius Fussner Minor Subdivision Page 2 of 10 A vicinity map is shown in Figure 1, which includes a one-mile radius from the project site. The vicinity map also identifies the following Garfield County roads within the site area, as well as adjacent Eagle County Roads: • Catherine Store Road (CR 100) • Missouri Heights Road (CR 102) • Harmony Lane • SH82 (Garfield & Eagle Counties) • Paseo (Eagle County) • Fender Lane (Eagle County) • Sunset Lane (Eagle County) The nearest State Highway intersections are also shown in Figure 1 at SH82 / Catherine Store Road and SH82 / El Jebel Road (Located in Eagle County). Both of these intersections are signalized. Development Plan The project intends to subdivide the single parcel into two parcels as shown in the Conceptual Site Plan in Figure 2. Both parcels will access Harmony Lane. Each parcel will be able to develop a single-family home as well as an accessory dwelling unit (ADU). Figure 2: Conceptual Site Plan Fussner Minor Subdivision Page 3 of 10 Trip Generation Trip Generation is normally calculated by using the methods presented in the ITE Trip Generation Handbook1, with data provided from the ITE Trip Generation Manual2. This method is accepted by CDOT, Garfield County, and most other jurisdictions. Trip Generation Analysis Times The trip generation analyses three different times as shown in Table 1. Table 1: Trip Generation Analysis Times Time Measurement Unit Description Daily vpd – Vehicle Trips per Day Daily trip generation consists of the anticipated daily trips that will occur over a 24-hour period. AM Peak Hour vph – Vehicle Trips per Hour Morning (AM) Peak Hour trip generation consists of the highest 60- minute period that occurs during the morning hours of operation. PM Peak Hour vph – Vehicle Trips per Hour Afternoon (PM) Peak Hour trip generation consists of the highest 60 - minute period that occurs during the afternoon/evening hours of operation. Using the proposed land use of #210, Single-Family Detached Housing from the ITE Trip Generation Manual, Table 2 shows the proposed trip generation for the project. Table 2: Trip Generation Calculations Direction Daily (vpd) AM Peak Hour (vph) PM Peak Hour (vph) Inbound 19 1 3 Outbound 19 3 2 Total 38 4 5 From Table 2, the project is anticipated to generate 38 vehicle trips per day, with 4 vehicle trips per hour during the AM peak hour, and 5 vehicle trips per hour during the PM peak hour. No multimodal reduction was taken due to the lack of transit near the site as well as the remoteness to commercial and retail land uses. Detailed calculations are included in the Appendix. Traffic Counts Traffic counts were taken on Harmony Lane in November 2020 and in May 2021. The type of count was a continuous count with varying duration which gathers vehicles heading in the northbound and southbound directions. Table 3 summarizes the two count periods taken on Harmony Lane. The count location was north of Wind River Drive and South of Missouri Heights Road. Figure 3 shows the 1 Institute of Transportation Engineers, Trip Generation Handbook, 3rd Edition, September 2017 2 Institute of Transportation Engineers, Trip Generation Manual, 11th Edition, September 2021 Fussner Minor Subdivision Page 4 of 10 approximate location of the Harmony Lane traffic counts. Traffic count data reports are included in the Appendix. Figure 3: Traffic Count Location for Harmony Lane Table 3: Harmony Lane Traffic Counts Count Dates Description Wednesday, November 4, 2020 24 hour (1-day) continuous counts with pneumatic tube counter Friday May 21 2021 to Thursday, May 27, 2021 168 hour (7-day) continuous counts with pneumatic tube counter Table 4 and Table 5 summarize the May 2021 counts and the November 2020 counts respectively. Traffic counts tend to vary when taken seasonally due to many factors. Table 4: May 2021 Traffic Data Collection Summary, Daily Counts in VPD Count Location 5/21 5/22 5/23 5/24 5/25 5/26 5/27 Harmony Lane, North of Wind River Drive 85 106 67 105 78 90 100 Traffic Count Location Fussner Minor Subdivision Page 5 of 10 Table 5: Traffic Data Collection Summary Averages and Comparisons in VPD 7 Day Average (2021 counts) Weekday Average (2021 counts) Weekend Average (2021 counts) Lowest Day (2021 counts) Highest Day (2021 counts) November 2020 Counts 90 92 87 67 (5/23/21) 106 (5/22/21) 76 As observed from Table 5, the traffic counts taken in May 2021 are higher than the November 2020 counts. For the purposes of this analysis, the Highest Day of 106vpd will be used. Roadway Impacts Article 7 Division 1 Standard 7-107 Access and Roadways of the Garfield County Land Use and Development Code3 specify roadway standards and is shown in Table 6. Table 6: Garfield County Roadway Standards4 3 Garfield County, Colorado Land Use and Development Code, May 11, 2020. 4 Garfield County, Colorado Land Use and Development Code, Table 7-107: Roadway Standards, page 7-4, May 11, 2020 Fussner Minor Subdivision Page 6 of 10 Existing Traffic Per Table 6, existing traffic volumes (106vpd) are within the Rural Access design standards per Garfield County Roadway Standards on Harmony Lane. Project Traffic Existing traffic plus traffic generated from the project yields the total traffic expected on Harmony Lane, as shown in Table 7. It is assumed that all of the project traffic will utilize Harmony Lane to/from the north for its travel patterns. Table 7: Total Traffic Existing Traffic (vpd) Project Traffic (vpd) Total Traffic (vpd) 106 38 144 With the inclusion of project traffic, Harmony Lane will remain in the Rural Access Roadway Standard per Article 7 Division 1 Standard 7-107 (as shown in Table 6). Percentage Impact of Proposed Development Percentage impact is calculated by taking the proposed project generated traffic volume and dividing it by the existing volume for the same segment. Table 8 summarizes these calculations. Table 8: Percentage of Impact on Harmony Lane Analysis Time Existing Traffic * Project Traffic Total Traffic Project Traffic % of Existing AM (in vph) 12 4 16 33% PM (in vph) 19 5 24 26% Daily (in vpd) 106 38 144 36% * AM and PM Peak Existing taken from the highest weekday data, which is Monday, May 24, 2021, 9AM- 10AM for AM Peak, and 4PM-5PM for PM Peak. See traffic count data in the Appendix. Proposed Roadway Impacts of Adjacent Roads Figure 4 shows the adjacent roads and adjacent lots to the project. The roads are broken down into sections as listed in Table 9. The roads are analyzed based upon the allowable dwelling units including ADUs. The three lots in the southeast corner that are accessible by Levitt Lane are allowed ADUs. The remaining lots are assumed to be allowed one single family dwelling unit only. Roads that are analyzed include: Levitt Lane, White Cloud Road, Wind River Road, and Harmony Lane. It should be noted that Harmony Lane Is only analyzed for the impacts of the lots shown in Figure 4 only, and does not include lots north of the intersection B, as well as any traffic that may access Harmony Lane south of intersection C. Fussner Minor Subdivision Page 7 of 10 Table 9: Adjacent Road Segments for Project and Other Lots Segment Road Name Impact from # of Project DUs Impact from # of Other DUs Includes Segments Other Segment Impact in DUs Total Impact in DUs Total Impact in vpd AB Harmony Ln BC, BD, DF, DG, GE, GH 26 26 245 BC Harmony Ln 2 2 19 BD Wind River Rd 1 DF, DG, GE, GH 23 24 226 DF Wind River Rd 3 3 28 DG White Cloud Rd 2 2 GE, GH 16 20 189 GH White Cloud Rd 9 9 85 GE Levitt Ln 7 7 66 Table 10: Adjacent Road Segments for Project Lots Only Segment Road Name Impact from # of Project DUs Includes Segments Project Impact in DUs Total Project Impact in vpd AB Harmony Ln BC, BD, DF, DG, GE, GH 4 38 BC Harmony Ln 2 2 19 BD Wind River Rd DF, DG, GE, GH 2 19 DF Wind River Rd DG White Cloud Rd 2 GE, GH 2 19 GH White Cloud Rd GE Levitt Ln Per Table 9, the maximum impact to the roadway network is 245vpd. Table 10 above shows the total project impact for the two Fussner lots only, which is 38vpd. The above analysis does not take into consideration the state of the lots (currently developed, undeveloped), or if the lots are not planned to be developed. The values shown above represent wha t the lots would generate at full buildout. Fussner Minor Subdivision Page 8 of 10 Figure 4: Adjacent Roads and Adjacent Lots to Fussner Minor Subdivision Road Widths and Surfacing Table 11 lists the observed existing condition road widths and surfacing type. Measured widths are approximate and were acquired from aerial imagery. Additionally, overall roadway widths may vary over the segment lengths. Road Capacity and Operations Table 11 additionally lists the project and total impacts from Table 9 and Table 10. From observation, the project’s impacts do not cause any of the identified roadways to exceed the design capacity. The total traffic impact does cause two of the segments (Segment AB, Harmony Lane; and Segment BD, Wind River Road) to be slightly over the design capacity per Garfield County Roadway Standards. From an operational standpoint, both of these segments that are over the county’s design capacity will not see any noticeable operational impacts such as excess delay, decreased travel time, or excessive two- Fussner Minor Subdivision Page 9 of 10 way traffic conflicts. From a maintenance perspective, these roadways are all private and have associated maintenance agreements between the private parties. Therefore, from an operational and maintenance perspective, the AB segment of Harmony Lane and the BD segment of Wind River Road will not see any noticeable operational impacts, and both segments can be properly maintained with in-place maintenance agreements. Table 11: Measured Road Widths, Surfacing, and Project and Total Impacts Segment Road Name Measured Width Surface Type Typical Classification1 Project Impact (vpd)2 Total Impact (vpd)3 Design Capacity (vpd)4 Project Impact < Design Capacity Total Impact < Design Capacity AB Harmony Ln 24’ Gravel Rural Access 38 245 200 Yes No BC Harmony Ln 22’ Gravel Rural Access 19 19 200 Yes Yes BD Wind River Rd 22’ Gravel Rural Access 19 226 200 Yes No DF Wind River Rd 20’ Gravel Semi- Primitive 0 28 100 Yes Yes DG White Cloud Rd 24’ Paved Secondary Access 19 189 400 Yes Yes GH White Cloud Rd 22’ Paved Secondary Access 0 85 400 Yes Yes GE Levitt Ln 22’ Paved Secondary Access 0 66 400 Yes Yes 1 Classification from Table 6, Garfield County Roadway Standards 2 Project Impact from Table 10, Adjacent Road Segments for Project Lots Only 3 Total Impact from Table 9, Adjacent Road Segments for Project and Other Lots 4 Design Capacity from Table 6, Garfield County Roadway Standards Fussner Minor Subdivision Page 10 of 10 Summary and Conclusions The following items summarize the findings of this Traffic Generation Analysis: • The daily project generated trip generation is anticipated to be 38 vehicle trips per day. • The morning (AM) and afternoon/evening (PM) peak hour project generated trip generation is anticipated to be 4 and 5 vehicle trips per hour, respectively. • Traffic counts taken on Harmony Lane were 106 vehicle trips per day based upon May 2021 data. • Based on the May 2021 traffic counts, Harmony Lane is classified as a Rural Access roadway per Garfield County standards. • With the inclusion of project traffic, the total traffic on Harmony Lane does not change the classification as a Rural Access roadway. • The percentage of impact of the project traffic as compared to existing traffic on Harmony Lane is 33%, 26%, and 36% for the AM Peak, PM Peak, and Daily times respectively. • With the inclusion of the adjacent lots, the impact of the adjacent lots and the project lots are anticipated to generate 245vpd to the roadway network at full buildout. • No operational issues are anticipated along Harmony Lane with the existing, project generated, or total traffic volumes identified in this traffic generation analysis. • Two of the identified roadway segments’ roadway impacts are slightly over the design capacity for total traffic. • The above-mentioned roadway segments that are slightly over the design capacity will not see any noticeable operational impacts, and both segments can be properly maintained with in -place maintenance agreements. • None of the identified roadway segments’ roadway impacts are over the design capacity for project traffic. Please contact me directly with any questio ns about this information. Sincerely, McDowell Engineering Greg Schroeder, PE Traffic/Transportation Engineer Enclosure: Appendix Documents – Trip Generation Appendix Documents – Traffic Counts 71 12. Compliance with Article 7: Divisions 1, 2, 3, and 4 Division 1. General Approval Standards Zone District Use Regulations (Section 7-101) Table 5 demonstrates that the proposed lot conforms with the county’s standards for the Rural (R) zone district, pursuant to Section 3-201. Table 5. Conformance with Rural (R) Zone District Standards Rural (R) Zone District Standards Conformance with Rural (R) Zone District Standards Minimum Lot Size 2-acres The proposed lots are ± 36.175-acres and ± 5.110-acres. Maximum Lot Coverage 15% The owner(s) of Lot 1 and Lot 2 will be responsible for ensuring that lot coverage does not exceed 15% (Lot 1: 5.43-acres and Lot 2: 0.77-acres). Front Setback 50 feet (arterial) 25 feet (local) There is sufficient buildable area on Lot 1 and Lot 2 to accommodate the required front setback. The required front setbacks are shown on the Site Plan included in this application. Rear Setback 25 feet There is sufficient buildable area on Lot 1 and Lot 2 to accommodate the required rear setback. The required rear setbacks are shown on the Site Plan included in this application. Side Setback 10 feet There is sufficient buildable area on Lot 1 and Lot 2 to accommodate the required side setbacks. The required side setbacks are shown on the Site Plan included in this application. Height R: 25 feet NR: 40 feet The owners of Lot 1 and Lot 2 will be responsible for ensuring that any improvements constructed on their lot conform to the county’s height regulations. Further, the maximum building height on Lot 2 has been limited to 15-feet above the existing, generally east-west, ridgeline on the lot to minimize any potential visual impacts on neighboring properties to the north. Pursuant to Section 3-202(A), both Lot 1 and Lot 2 have a minimum of 25 lineal feet of frontage on a road right-of-way providing access. Lot 2 could be considered a corner lot, pursuant to Section 3-202(C). Therefore, a front setback of 25-feet will apply to the lot’s frontage along Whitecloud Road and Levitt Lane, as shown on the Site Plan included in this application. Section 3-202(B), 3-202(D), and 3-202(E) are not applicable to this application. The owners of Lot 1 and Lot 2 will be responsible for ensuring that any projections into required yards of the Rural (R) zone district conform to the requirements of Section 3-202(F). The county will have an opportunity to ensure compliance with the applicable requirements at the time of building permit. Lot 1 and Lot 2 are to be developed with a single dwelling unit and an ADU or SDU. Pursuant to Section 3- 403, a “Dwelling, Single-Unit (per legal lot)” and a “Dwelling Unit, Accessory” are permitted by right in the Rural (R) zone district and a “Dwelling Unit, Secondary” requires approval via an Administrative Review in the Rural (R) zone district. The owner(s) of Lot 1 and Lot 2 will be responsible for ensuring that any other land uses on their lot conform to the applicable county requirements. 72 Comprehensive Plan and Intergovernmental Agreements (Section 7-102) The location of the proposed subdivision is designated as “Residential Low (RL)” on Garfield County’s Future Land Use Map (refer to Map 2). The intended character of the RL designation can be described as “Agricultural and related uses, ranching, low density residential and related uses as well as home occupation uses that can be adequately buffered from adjacent incompatible uses.” (p. 16). Residential densities in the RL designation are to be around 1 dwelling unit per 10-acres. Creation of the proposed ± 36.175-acre and ± 5.110-acre lots offers large properties for low density residential development with adequate buffering from the existing and neighboring residential uses. Further, development of the existing ± 41.284-acre parcel with two single-family homes and two ADUs/SDUs 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. Low-density residential development on Lot 1 and Lot 2 will maintain much of the property in a natural state, helping to preserve the rural/agricultural character of this part of Garfield County. Furthermore, low-density residential development in this location will minimize demands on public services and will not necessitate the extension of public infrastructure or public service areas. Th is application works to address key issues identified in Garfield County’s Comprehensive Plan 2030. Map 2. Garfield County Comprehensive Plan 2030 Future Land Use Map Site 73 In addition to conformance with the intent of the RL future land use designation, this application works to achieve the following desired outcomes identified in the county’s Comprehensive Plan: Housing Vision - “To bring about a range of housing types, costs, and tenancy options that ensure for our current and future residents affordable housing opportunities in safe and efficient residential structures” (p. 29). Approval of this application will result in the creation of two lots for rural residential development that will provide greater opportunity for housing in Garfield County. Further, the development of up to four (4) dwelling units on these lots will help to provide housing that is in closer proximity to employment in this part of the Roaring Fork Valley. As noted on page 39 of the Comprehensive Plan, a key issue in Garfield County is the location of jobs versus the location of housing for employees. In many cases, jobs and housing are located a significant distance apart resulting in “…increase challenges for transportation infrastructure and transit services. Increased commuting times and unpredictable delays impacts worker quality of life” (p. 39). Transportation Policy 1 - “Ensure that county roads are constructed and maintained on a safe, and fiscally sustainable basis” (p. 34). Low-density residential development in this location will not necessitate improvements to adjacent county roads, nor will it have significant impacts on these roads. However, residential development on Lot 1 and Lot 2 will generate additional impact fees and tax revenues for the county that can be used to pay for maintenance of, and improvements to, the county’s roads. The applicant is not aware of any Intergovernmental Agreements (IGAs) that would be applicable to the proposed Minor Subdivision. Compatibility (Section 7-103) The general character and intensity of land uses in this part of Garfield County can be described as low- density rural residential uses. As more and more homes have been built in this area over the years, the rural character has remained intact. This can be attributed to the limitations placed on the type of residential development permitted by the county’s Land Use and Development Code. The proposed subdivision and subsequent residential development on Lot 1 and Lot 2 are very much in tune with the nature of land development in this part of Garfield County. In addition, Lot 1 and Lot 2 are compatible with the scale of adjacent properties, which range in size from roughly 5-acres to 36-acres in size. Source of Water (Section 7-104) The existing potable water system (the “Whitecloud Ridge Domestic Water System”), operated by the Whitecloud Ridge Homeowner’s Association and supplied by the existing wells (Levitt Well No. 2 and Levitt Well No. 3) on Lot 1, will be used for domestic water needs for Lot 1 and Lot 2. As previously demonstrated in this application, the proposed subdivision has an adequate, reliable, physical, long-term, and legal water supply to serve residential uses on Lot 1 and Lot 2. Central Water Distribution and Wastewater Systems (Section 7-105) A. Water Distribution Systems. The domestic water needs for Lot 1 and Lot 2 will be served be the existing potable water system (the “Whitecloud Ridge Domestic Water System”), operated by the Whitecloud Ridge Homeowner’s Association and supplied by the existing wells (Levitt Well No. 2 and Levitt Well No. 3). This has previously been addressed in this application. 74 B. Wastewater Systems. Lot 1 and Lot 2 will each be served by an Onsite Wastewater Treatment Systems (OWTS), as previously discussed in this application. Both lots are greater than 1 acre in size and therefore comply with the requirements of Table 7-105. The proposed subdivision is not located near any public sewer system and a central wastewater system is not necessary or required pursuant to Section 7-105(B). Public Utilities (Section 7-106) A. Adequate Public Utilities. Holy Cross Energy was contacted and has indicated that Lot 1 and Lot 2 are within their certificated service area and “…has adequate power supply to provide electric power to the development, subject to tariffs, rules, and regulations on file.” Holy Cross Energy also noted that they have “Any power line enlargements, relocations, and new extensions necessary to deliver adequate power to and within the development will be undertaken by Holy Cross Energy upon completion of appropriate contractual agreements and subject to necessary governmental approvals.” Refer to the “Will Serve” letter from Holy Cross Electric included in Appendix A. Black Hills Energy was contacted and has indicated that they will “…provide Natural Gas Distribution service to the development.” Black Hills Energy also indicated that they will “…install a distribution system capable of serving the demand of the development that lies within the BHE certificated service territory.” Refer to the “Will Serve” letter from Black Hills Energy included in Appendix A. Black Hills Energy also noted that “Most of that [infrastructure] has already been installed and has gas right to the lots.” CenturyLink was contacted to confirm whether they can provide service to the proposed lots. CenturyLink indicated that Lot 1 and Lot 2 are “…within CenturyLink’s serving area and will be provided in accordance with all the rates and tariffs set forth by the Colorado Public Utilities Commission.” Refer to the “Will Serve” letter from CenturyLink included in Appendix A. The wireless coverage maps for Verizon Wireless and AT&T (refer to Appendix A) indicate that wireless telephone/internet service is available for the proposed subdivision. Therefore, the lot owners have the option of using wireless service instead of service from CenturyLink. Neither Lot 1 nor Lot 2 will be served by public water or wastewater utilities. Water and wastewater will be addressed via the Whitecloud Ridge Domestic Water System and on-site wastewater treatment systems. This has previously been addressed in this application. B. Approval of Utility Easement by Utility Company. All easements for utilities on the subject property have previously been established. Evidence of the existing and recorded utility easements is provided on the Final Plat included in this application. No new utility easements are being proposed with this application. C. Utility Location. All on-site utility lines have been previously installed underground. Select utility facilities (e.g., Electrical Transformers) are located above ground as permitted by this Section of the Land Use and Development Code. 75 D. Dedication of Easements. All necessary utility easements have been established. Refer to the Final Plat. No new easements are being proposed that would require dedication to the public or an HOA in accordance with this Section of the Land Use and Development Code. E. Construction and Installation of Utilities. Water, electrical, gas, and telephone utilities have previously been installed within, or adjacent to, Lot 1 and Lot 2. Refer to the Site Plan included in this application. The owners of Lot 1 and Lot 2 will be responsible for working with the applicable utility providers to extend service lines to the residential units on their lot and for ensuring that such lines are installed in a manner that avoids unnecessary removal of trees or excessive excavations and are reasonably free from physical obstructions. F. Conflicting Encumbrances. The existing easements appear to be free from any conflicting legal encumbrances as demonstrated by the Final Plat included in this application. Access and Roadways (Section 7-107) A. Access to Public Rights-of-Way. As demonstrated by the Access Analyses, Final Plat, and Easements included in this application, both Lot 1 and Lot 2 have legal and physical access to/from Fender Lane (County Road 102), a public right- of-way. B. Safe Access. Access to/from the lots within the proposed subdivision via Harmony Lane, Wind River Road, Whitecloud Road, and Levitt Lane is safe and in conformance with the applicable county, state, and federal access regulations. If a driveway permit is required for Lot 1 or Lot 2, the lot owners will be responsible for obtaining such a permit from the county at time of building permit. The driveways for Lot 1 and Lot 2 will not intersect with a county road so a driveway permit may not be required, or the lot owners may be eligible for a Driveway Exemption Request. Based on the traffic analysis included in this application, the proposed subdivision does not warrant improvements to county roads or state or federal highways. C. Adequate Capacity. The roads that provide access to/from the lots within the proposed subdivision have the capacity to efficiently and safely service the additional traffic generated by the development of up to two (2) dwelling units on each lot. Refer to the roadway and traffic analysis included in this application. It is not anticipated that the traffic generated by the proposed subdivision will result in traffic congestion or unsafe traffic conditions, impacts to county, state, and federal roadways. D. Road Dedications. No new roads or rights-of-way are proposed with this application. Therefore, Section 7-107(D) is not applicable to this application. E. Impacts Mitigated. No impacts to county roads associated with hauling, truck traffic, and equipment use are anticipated with this application. 76 F. Design Standards. Refer to the traffic analysis included in this application for information regarding the compliance of Harmony Lane, Wind River Road, Whitecloud Road, and Levitt Lane with Section 7-107(F). The traffic analysis does note that select segments of Harmony Lane and Wind River Road may exceed the county’s standards for design capacity (ADT), set forth in Table 7-107, at full build-out of the proposed Minor Subdivision and Whitecloud Ridge Subdivision. However, traffic from the proposed Minor Subdivision will not result in the county’s design capacity standards being exceeded, therefore a request for a waiver of standards, pursuant to Section 4-118, was not included in this application. Moreover, the traffic analysis states that these road segments “…will not see any noticeable operational impacts, and both segments can be properly maintained with in-place maintenance agreements.” The existing system of roads provides access to Lot 1 and Lot 2, offers adequate and efficient internal circulation, and reasonable access to the nearest public highways (i.e., State Highway 82). The existing system of roads have been constructed so that alignments join in a logical manner and combine with adjacent road systems to form a continuous route from one area to another. The intersections of the on-site road system conform to Section 7-107(F)(2) as demonstrated by the Site Plan included in this application. Street names have been established for the roads providing access to/from the proposed subdivision. No street names are being proposed or required as part of this application. Therefore, Section 7- 107(F)(3) is not applicable. The existing system of roads that provides access to/from Lot 1 and Lot 2 has been designed to minimize road congestion and unsafe conditions. Section 7-107(F)(5) is not applicable to this application. The existing system of roads, providing access to/from the proposed subdivision, appears to have been located and constructed to be compatible with the topography, wooded areas, and other natural features on, and adjacent to, the subject property. There is no evidence of significant erosion issues resulting from the design and construction of the existing roads on, or adjacent to, the subject property. Therefore, it is believed that the existing roads were located and constructed in a manner that minimizes on-site erosion. The owner(s) of Lot 1 and Lot 2 will be responsible for designing and constructing driveways that minimize the risk of erosion. Section 7-107(F)(8) is not applicable to this application. It is believed that the existing system of roads provides sufficient emergency access and egress for residents, occupants, and emergency equipment. The applicant understands that this application will be referred to the Carbondale and Rural Fire Protection District (CRFPD) and will address the recommendations of the CRFPD, to the best of their ability, once they have been received. The lot owner(s) will be responsible for constructing driveways that provide emergency access and egress for the residents of Lot 1, Lot 2, and emergency equipment. The lot owner(s) will also be responsible for ensuring that such access complies with provisions of the International Fire Code and 77 requirements of the CRFPD, Garfield County Sherriff’s Department, and/or other applicable emergency service providers. This will be addressed at time of building permit. Traffic control devices (i.e., stop signs) and street signs have been installed and are adequate to serve the proposed subdivision. The applicant understands that this application may be referred to the Garfield County Road and Bridge Department and will address any recommendations provided, to the best of their ability, once they have been received. No new roads are proposed with this application so Section 7-107(F)(11)(a) is not applicable to this application. Drainage structures for the existing road system were previously installed and should have been provided and designed in accordance with the county’s road standards applicable at the time. The owners of Lot 1 and Lot 2 will be responsible for ensuring that culverts are incorporated, as required by the county, with their driveways and that their driveways are designed to conform to the applicable requirements of Section 7-107(F)(11)(b). This will be addressed at time of building permit and/or driveway permit. No roads or roadside ditches are proposed with this application. Therefore, Section 7 -107(F)(12) is not applicable. Use of Land Subject to Natural Hazards (Section 7-108) The applicant is not proposing any improvements in areas subject to natural and/or geologic hazards. It is anticipated that the owners of Lot 1 and Lot 2 will not develop on portions of their lot that are subject to natural and/or geologic hazards, with the exception of areas subject to radon, which is prevalent throughout Garfield County and easily mitigated. All of Garfield County is identified by the Environmental Protection Agency (EPA) as being located in Radon Zone 1. Radon Zone 1 is the designation used by the EPA for counties with predicted average indoor radon screening levels greater than 4 pCi/L. According to the Colorado Geological Survey (CGS), the remediation of radon is generally simple and inexpensive. Proper sealing and ventilation of foundations and basements will handle most soil hazards, and filtration and aeration of water will control most water hazards. The owners of Lot 1 and Lot 2 will be responsible for designing and constructing any buildings on their lot in conformance with the applicable county regulations for radon. No other potential radiation hazards have been identified by state or county Health Departments on the subject property. The applicant understands that this application will be referred to the CGS for review and comment. The applicant will address the recommendations of the CGS, to the best of their ability, once they have been received. Fire Protection (Section 7-109) A. Adequate Fire Protection. Lot 1 and Lot 2 are located within the service area for the Carbondale & Rural Fire Protection District (CRFPD). Evidence of this is provided in the email from CRFPD included on the following page. According to analysis prepared using Google Earth, CRFPD’s Station 85 (along County Road 100) is located approximately 3.8-miles or an 8-minute drive from the subject property. CRFPD has indicated that the existing water system has been tested and can produce a fire flow of over 1,500 gallons per minute. 78 B. Subdivisions. The applicant understands that this application will be referred to the CRFPD for review and comment. The applicant will address the recommendations of the CRFPD, to the best of their ability, once they have been received. Email from the Carbondale & Rural Fire Protection District (CRFPD) 79 Division 2. General Resource Protection Standards Agricultural Lands (Section 7-201) A. No Adverse Effect to Agricultural Operations. Lot 1 and Lot 2 have historically been used for rural residential and agricultural purposes, however both lots are currently vacant. The Rural (R) zoning of Lot 1 and Lot 2 limits residential development on each lot to one single-family home and an ADU. The limits on residential development will maintain much of Lot 1 and Lot 2 in their natural state and could enable portions of the lots to be used for agricultural purposes. There will be no significant impacts to existing agricultural lands in this part of Garfield County. B. Domestic Animal Controls. There are no protective covenants or deed restrictions proposed in conjunction with this application. Therefore, the owners of Lot 1 and Lot 2 will be responsible for ensuring that dogs and/or other domestic animals kept on their lot is done in a manner that conforms to Section 7-201(B). C. Fences. A note has been included on the Final Plat that acknowledges Garfield County’s status as a Right to Farm County. The owners of Lot 1 and Lot 2 will be responsible for ensuring that fences are constructed, as necessary, to separate their lot from adjoining agricultural lands or stock drives. In addition, the lot owners will be responsible for maintaining all parts of any fencing installed including gates, cattle guards, boards, posts, and wiring. D. Roads. The access roads for the proposed subdivision are located a sufficient distance back from the lot boundaries so that normal maintenance of these roads, including snow removal, will not damage any fences existing or constructed along the perimeter of Lot 1 or Lot 2. The owners of Lot 1 and Lot 2 will be responsible for ensuring that dust control measures are in place, both during and after construction, to minimize adverse impacts to livestock and/or crops on adjacent agricultural lands. E. Ditches. There are no irrigation ditches or rights-of-way on the subject property, as evidenced by the Site Plan and Final Plat included in this application. Therefore, Section 7-201(E) is not applicable. Wildlife Habitat Areas (Section 7-202) High-priority wildlife habitat areas identified for the subject property by CPW’s “Public SAM Data” (updated on December 3, 2020) include: ▪ Severe Winter Range for Elk. ▪ Severe Winter Range and Winter Concentration Area for Mule Deer. Based on a review of the migration corridor data included in CPW’s “Public SAM Data,” there are no mapped migration corridors on, or within proximity to, the property. The development of Lot 1 and Lot 2 is anticipated to have some direct (e.g., removal of vegetation) and indirect (e.g., disturbance resulting from human activity associated with development) impact on wildlife 80 and wildlife habitat in this area. However, much of the subject property’s native vegetation has been removed as a result of agricultural operations on the site. The property is also surrounded by existing residential development to the north, east, south, and west, which has impacted wildlife and wildlife habitat in this part of Missouri Heights. Therefore, the potential impact from residential development within the proposed subdivision is anticipated to be nominal. It is anticipated that 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. Protection of Waterbodies (Section 7-203) There are no waterbodies within or adjacent to Lot 1 or Lot 2. Therefore, Section 7-203 is not applicable to this application. Drainage and Erosion (Section 7-204) A. Erosion and Sedimentation. If the owners of Lot 1 and Lot 2 disturb one (1), or more acre, with the development of their property, they will be responsible for ensuring that such development activity complies with the Colorado Department of Public Health & Environment (CDPHE) National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE. This will be addressed at the time of building permit. B. Drainage. The owners of Lot 1 and Lot 2 will be responsible for ensuring that the drainage of their property complies with the applicable requirements of Section 7-204(B). This will be addressed at the time of building permit. C. Stormwater Run-Off. If the owners of Lot 1 or Lot 2 develop their property with 10,000 square feet or more of impervious surface area, they shall be responsible for ensuring that such development activity complies with Section 7-204(C). This will be addressed at the time of building permit. Environmental Quality (Section 7-205) A. Air Quality. The proposed lots and subsequent residential development will not have significant temporary or long-term adverse effects on air quality or water quality. Any air quality impacts resulting from development on Lot 1 or Lot 2 will be those commonly associated with a single-family home and will not result in air quality being reduced below the levels established by the Colorado Air Pollution Control Division. B. Water Quality. Storage and/or use of hazardous materials on Lot 1 or Lot 2 is not anticipated. If these materials are stored and/or used, it will be the responsibility of the lot owners to ensure that this is done in compliance with the applicable state and federal hazardous materials regulations. 81 Wildfire Hazards (Section 7-206) According to the 2012 Garfield County Community Wildfire Protection Plan (GCCWPP) the proposed subdivision is identified as being in an area with a “Very High” Wildland Fire Susceptibility Index. Refer to Map 3 below. However, the Colorado State Forest Services’ Wildfire Risk Viewer and Garfield County’s Wildfire Risk Map identify the proposed subdivision as being in an area with “Lowest Risk” to “Moderate Risk.” Refer to Map 4 below. Map 3. Garfield County Wildfire Susceptibility Index Map Map 4. Colorado State Forest Service Wildlife Risk Map Site Site Possible “Fire Chimney” 82 A. Location Restrictions. The owners of Lot 1 and Lot 2 will be responsible for ensuring that no residential development occurs on any portions of their lot with slopes greater than 30%, pursuant to Section 7-206(A). Areas of Lot 1 and Lot 2 with slopes greater than 30% are identified on the Site Plan included in this application. The southeastern portion of Lot 1 appears to be located within a “fire chimney.” A fire chimney is described in the GCCWPP as “…densley vegetated drainages on slopes greater than 30%” (p. G-5). Pursuant to Section 7-206, no development will be allowed to occur within a fire chimney. The applicant is not proposing any development in this area due to the steep topography. B. Development Does Not Increase Potential Hazard. The proposed subdivision and subsequent construction of a single-family home and ADU on Lot 1 and Lot 2 is not anticipated to increase the potential intensity or duration of a wildfire, adversely affect wildfire behavior, or fuel composition. The owners of Lot 1 and Lot 2 will be responsible for ensuring that development on their lot does not increase the potential for wildfire in accordance with Section 7-206(B). C. Roof Materials and Design. The owners of Lot 1 and Lot 2 will be responsible for ensuring that all roofing materials used on their lot are in accordance with Section 7-206(C) at the time of building permit. Natural and Geologic Hazards (Section 7-207) A review of data made available by the Colorado Geological Survey (CGS), the United States Geologic Survey (USGS), the Federal Emergency Management Agency (FEMA) and the Natural Resources Conservation Service (NRCS) indicate that the proposed lots are not subject to the following: ▪ Avalanche Hazard Areas ▪ Landslide Hazard Areas ▪ Rockfall Hazard Areas ▪ Alluvial Fan Hazard Areas ▪ Mudflow Areas ▪ Faults ▪ Earthquakes ▪ Floods Slopes that exceed 20% have been identified on Lot 1 and Lot 2. Refer to the Site Plan included in this application. The applicant is not proposing development in these areas as part of this application. If the owners of Lot 1 or Lot 2 elects to pursue improvements on the portions of their lot with slopes greater than 20%, they will be responsible for ensuring that they are constructed in conformance with the applicable requirements of Section 7-207. Soil Survey data from the NRCS indicates that corrosive soils and expansive soils may be present within the proposed subdivision. The lot owners will be responsible for obtaining a site-specific geotechnical evaluation that provides recommendations for the actual soil conditions encountered on their lot. The lot 83 owners will also be responsible for having a foundation design prepared by a qualified licensed professional engineer that is suitable for the soil conditions identified. Reclamation (Section 7-208) The applicant is not proposing any improvements that would require reclamation pursuant to Section 7- 208 as part of this application. The owners of Lot 1 and Lot 2 will be responsible for reclamation of areas disturbed by construction activity on their lot in accordance with Section 7-208. Division 3. Site Planning and Development Standards Compatible Design (Section 7-301) A. Site Organization. The layout and dimensions of Lot 1 and Lot 2 provide for: ▪ Adequate access to nearby public roads via existing road system. ▪ Excellent southern exposure and solar access. ▪ Several options for building sites that conform with the applicable county and state requirements. B. Operational Characteristics. The activities associated with residential development on Lot 1 and Lot 2 are compatible with the neighboring rural residential and agricultural land uses and will not create nuisances for the adjacent properties in accordance with Section 7-301(B). In addition, Lot 1 and Lot 2 and all neighboring properties are zoned Rural (R), which works to ensure compatibility among land uses and activities in this part of the county. Table 7 provides a listing of existing uses within approximately 1,500 -feet of the subject property. A map of these existing uses is included on page 86. Table 7. Existing Land Uses within approximately 1,500’ of the Subject Property Parcel Owner of Record Acreage Existing Land Use Approx. Density 239128200222 ADAMS, KEITH 13.11 Vacant Land (zoned: Rural (R)) N/A 239128200198 SUNGOLD HEIGHTS LLC 12.63 Vacant Land (zoned: Rural (R)) N/A 239128200112 DILLS, BARBARA & NATHAN 5.74 Single-Family Residential 1 DU / 6 Acres 239128200121 SAHNOW, ADAM & TARA 18.57 Single-Family Residential 1 DU / 9 Acres 239129405018 FLAKS, DONALD & MARCIA 7.99 Single-Family Residential 1 DU / 8 Acres 239128300229 LEVINE, STEVE & ABBY 14.36 Single-Family Residential 1 DU / 14 Acres 239128300228 VENSEL, THERESA & ERIC 8.25 Single-Family Residential 1 DU / 8 Acres 239128300227 MEYER, PEGGY 8.20 Single-Family Residential 1 DU / 8 Acres 239128300226 BARRAS, NORMAN 10.15 Single-Family Residential 1 DU / 10 Acres 239128300224 MUNK, TOBIAS 36.77 Vacant Land (zoned: Rural (R)) N/A 239128318013 BARRAS, NORMAN 5.41 Vacant Land (zoned: Rural (R)) N/A 239128318012 BARRAS, NORMAN 4.54 Vacant Land (zoned: Rural (R)) N/A 84 Table 7. Existing Land Uses within approximately 1,500’ of the Subject Property (continued) Parcel Owner of Record Acreage Existing Land Use Approx. Density 239129418011 SKYFOOZE1 LLC 4.00 Vacant Land (zoned: Rural (R)) N/A 239129418010 SKYFOOZE1 LLC 5.17 Vacant Land (zoned: Rural (R)) N/A 239129418009 SKYFOOZE1 LLC 8.03 Vacant Land (zoned: Rural (R)) N/A 239129418008 SKYFOOZE1 LLC 9.06 Vacant Land (zoned: Rural (R)) N/A 239129418007 SKYFOOZE1 LLC 7.59 Vacant Land (zoned: Rural (R)) N/A 239129418006 SKYFOOZE1 LLC 6.21 Vacant Land (zoned: Rural (R)) N/A 239128318005 SKYFOOZE1 LLC 5.84 Vacant Land (zoned: Rural (R)) N/A 239128318004 SKYFOOZE1 LLC 6.05 Vacant Land (zoned: Rural (R)) N/A 239128318003 SKYFOOZE1 LLC 6.26 Vacant Land (zoned: Rural (R)) N/A 239128318002 SKYFOOZE1 LLC 5.71 Vacant Land (zoned: Rural (R)) N/A 239128318001 SKYFOOZE1 LLC 5.57 Vacant Land (zoned: Rural (R)) N/A 239128300237 SKYFOOZE1 LLC 6.00 Vacant Land (zoned: Rural (R)) N/A 239128300238 BRULE, CHRISTIANE & JONATHAN 5.33 Single-Family Residential 1 DU / 2.7 Acres 239128300239 SULLIVAN, DANIEL & CHERYL 5.32 Single-Family Residential 1 DU / 5 Acres 239128400074 MCMECHEN, KENNETH 5.74 Single-Family Residential 1 DU / 6 Acres 239133204031 ALVAREZ, MARK 3.47 Vacant Land (zoned: Rural (R)) N/A 239133204032 BYRNE, BRUCE & HEATHER 8.94 Vacant Land (zoned: Rural (R)) N/A 239133204033 JOHNSON, ROBERT & YISEL 9.32 Single-Family Residential 1 DU / 9 Acres 239133204034 TAYLOR, DENISE & MITCHELL 7.97 Single-Family Residential 1 DU / 8 Acres 239133204035 DOLMAR DEVELOPMENT, INC 4.09 Vacant Land (zoned: Rural (R)) N/A 239133204036 564 LARKSPUR LLC 4.26 Single-Family Residential 1 DU / 4 Acres 239133204037 MARRS, DAVID & MAUREEN 4.19 Single-Family Residential 1 DU / 4 Acres 239133204038 TRIPLE JP TRUST 4.15 Vacant Land (zoned: Rural (R)) N/A 239133204039 PICARD, SCOTT 4.19 Single-Family Residential 1 DU / 4 Acres 239133204040 HOLMBECK, LINDSEY & APRIL 3.10 Vacant Land (zoned: Rural (R)) N/A 239133204041 DOLMAR DEVELOPMENT, INC 3.53 Vacant Land (zoned: Rural (R)) N/A 239133204042 DOLMAR DEVELOPMENT, INC 3.67 Vacant Land (zoned: Rural (R)) N/A 239133204043 ROSE, ROBERT & MARY 3.57 Single-Family Residential 1 DU / 4 Acres 239132102044 BLOCK, COLLEEN & BENJAMIN, JEFFREY 5.45 Single-Family Residential 1 DU / 5 Acres 239133100002 EDWARDS, JOSEPH 16.48 Single-Family Residential 1 DU / 16 Acres 239133108001 MUNK, TOBIAS 19.90 Single-Family Residential 1 DU / 20 Acres 239128403001 BASSI, MICHAEL & MICHELLE BRUNO 5.28 Single-Family Residential 1 DU / 5 Acres 239128406010 EM & KM LP 6.13 Vacant Land (zoned: Agricultural Limited (AL)) N/A 85 Table 7. Existing Land Uses within approximately 1,500’ of the Subject Property (continued) Parcel Owner of Record Acreage Existing Land Use Approx. Density 239128404003 MCVOY, MICHAEL – BRIMM, MICHAL 6.36 Single-Family Residential 1 DU / 6 Acres 239128400008 MCMECHEN, KENNETH 1.65 Vacant Land (zoned: Resource (R)) N/A 239128404001 MACDONALD, JOHN & TINA 6.47 Single-Family Residential 1 DU / 6 Acres 239128404002 AGUILAR, DAVID & SHIRLEY 5.00 Single-Family Residential 1 DU / 5 Acres 239128402001 KAREN MOCULESKI REVOCABLE TRUST 5.30 Single-Family Residential 1 DU / 5 Acres 239128402002 BRUNO, JENNIFER – HARTLEY, KIRK 5.28 Single-Family Residential 1 DU / 5 Acres 239128401001 STONE, DONALD – FAMILY, JUDITH 5.27 Single-Family Residential 1 DU / 5 Acres 239128407023 RICHARD PAXTON REVOCABLE TRUST 2.10 Single-Family Residential 1 DU / 2 Acres 239128407022 EABN REVOCABLE TRUST 2.06 Single-Family Residential 1 DU / 2 Acres 239128407021 MARY BERESKA REVOCABLE TRUST 2.09 Single-Family Residential 1 DU / 2 Acres 239128407020 KUNKLE, WENDY 8.09 Single-Family Residential 1 DU / 8 Acres 239128407019 FITE, JAMES & KIMALA DAWN 10.08 Single-Family Residential 1 DU / 10 Acres 239128407018 CANIGLIA, ALAN & CAROL 10.72 Single-Family Residential 1 DU / 11 Acres 239128407016 IVESCOFIVE LLC 8.16 Vacant Land (zoned: PUD) N/A 239128407017 FEHR, DIANE & DANIEL. 2.06 Single-Family Residential 1 DU / 2 Acres 239128407004 540 FOX RUN DRIVE LLC 2.06 Single-Family Residential 1 DU / 2 Acres 239128407027 KAY, LARRY – JACQUEMIN, CATHY 2.94 Single-Family Residential 1 DU / 3 Acres 239128102008 ALLEN MCGEE 1991 REVOCABLE TRUST 8.17 Single-Family Residential 1 DU / 8 Acres 239128102007 COON, STEVEN & ANN 6.17 Single-Family Residential 1 DU / 6 Acres 239128102006 STULGIS, VICTORIA 4.45 Single-Family Residential 1 DU / 4 Acres 239128102005 HOGAN, MARK & EVA 4.05 Single-Family Residential 1 DU / 4 Acres Many of the neighboring properties have, or have the potential to be developed with, single-family residences and associated uses (e.g., ADUs and SDUS). This is evidence that single-family development is appropriate in this part of Garfield County and that residential uses on the proposed lots are compatible with adjacent land uses. C. Buffering. All properties neighboring the subject property are zoned Rural (R), therefore Section 7 -301(C) is not applicable. D. Materials. The owners of Lot 1 and Lot 2 will be responsible for ensuring that exterior facades be constructed with materials that do not detract from adjacent buildings or uses. 86 87 Off-Street Parking and Loading Standards (Section 7-302) Pursuant to Section 7-302, single-family dwellings are exempt from the off-street parking and loading standards set forth in the Land Use and Development Code. In accordance with Table 7-302(A), the owners of Lot 1 and Lot 2 will be responsible for ensuring that a minimum of two (2) off-street parking spaces are provided if an ADU or SDU is constructed on their lot. The lot owners will also be responsible for ensuring that the off-street parking spaces conform to all other applicable requirements of Section 7-302. The off-street loading standards set forth in Section 7-302 are not applicable to this application. Landscaping Standards (Section 7-303) Pursuant to Section 7-303, single-family dwelling units, ADUs, and SDUs are exempt from the county’s landscaping standards. Lighting Standards (Section 7-304) The applicant is not proposing any exterior lighting as part of this application. The lot owners will be responsible for ensuring that any exterior lighting associated with development of Lot 1 and Lot 2 complies with the standards set forth in Section 7-304 of the county’s Land Use and Development Code. The owners of Lot 1 and Lot 2 will be responsible for ensuring that any exterior lighting on their lot conforms to Section 7-304. Snow Storage Standards (Section 7-305) Pursuant to Section 7-305, all residential uses are exempt from the county’s snow storage standards, unless the residential use includes a common outdoor parking area. Section 7-305 is not applicable to this application. Trail and Walkway Standards (Section 7-306) Pursuant to Section 7-306, single-family dwellings are exempt from the trail and walkway standards set forth in the Land Use and Development Code. Further, there are no feasible links to schools, shopping areas, parks, trails, greenbelts, and other public facilities from the proposed lots so Section 7-306 is not applicable to this application. Division 4. Subdivision Standards and Design Specifications General Subdivision Standards (Section 7-401) A. Maintenance of Common Facilities. The “Whitecloud Ridge Domestic Water System Operating Agreement” (reception no. 571158) addresses the operation, maintenance, and any extensions to the potable water system that will serve Lot 1 and Lot 2 and the existing lots in the Whitecloud Ridge Subivision. A note has been added to the Final Plat that states that Lot 1 and Lot 2 are subject to this agreement. A copy of this agreement is included in Appendix C. There are existing and proposed agreements that address the shared maintenance of the system of roads that provide access to/from Fender Lane (County Road 102) and Lot 1 and Lot 2 (i.e., Harmony Lane, Wind River Road, Whitecloud Road, and Levitt Lane). A brief overview of these agreements is provided below, and copies of the agreements are included in Appendix E. 88 ▪ Maintenance of Harmony Lane. The maintenance of Harmony Lane is governed by an existing Road Maintenance Agreement (reception no. 571157) dated June 6, 1996. Both Lot 1 and Lot 2 will utilize Harmony Lane and are subject to the applicable provisions of the existing maintenance agreement. ▪ Maintenance of Wind River Road. The maintenance of Wind River Road is addressed in a Memorandum of Agreement (reception no. 487787) dated January 16, 1996. Lot 2 will be subject to the applicable requirements of this existing maintenance agreement and a note, stating such, has been added to the Final Plat. Lot 1 will have access to/from Harmony Lane and therefore is not required to be a party to the maintenance agreement for Wind River Road. ▪ Maintenance of Whitecloud Road and Levitt Lane. The Homeowner’s Association (HOA) for the Whitecloud Ridge Subdivision is responsible for the maintenance of Whitecloud Road and Levitt Lane. Inclusion of Lot 1 and Lot 2 in the Whitelcoud Ridge HOA is not anticipated. Therefore, a draft agreement for the maintenance of Whitecloud Road and Levitt Lane has been prepared and included in Appendix E. This agreement will be between the owner of Lot 2 and the Whitecloud Ridge HOA and will be executed with the recording of the Final Plat for the Minor Subdivision. Lot 1 will have access to/from Harmony Lane and therefore will not be a party to the maintenance agreement for Whitecloud Road and Levitt Lane. A note has been added to the Final Plat to ensure that the future owners of Lot 2 are aware of their obligations under this agreement. B. Domestic Animal Control. No protective covenants or deed restrictions are proposed in conjunction with this application. Therefore, the lot owners will be responsible for ensuring that domestic animals are confined within their property boundaries and kept under control when they are not on the property in accordance with Section 7-401(B). C. Fireplaces. The lot owners will be responsible for ensuring that any fireplaces installed on their property conform to the applicable requirements of Section 7-401(C). D. Development in the Floodplain. The proposed lots are not located in an identified floodplain. Therefore, Section 7-401(D) is not applicable to this application. Subdivision Lots (Section 7-402) A. Lots Conform to Code. As demonstrated in this application, the area, width, frontage, depth, shape, location, and orientation of the proposed lot conform to the applicable Rural (R) zone district requirements and other applicable provisions of the county’s Land Use and Development Code. B. Side Lot Line Alignment. The side lot lines for Lot 1 and Lot 2 are substantially at right angles or radial to road right-of-way lines in accordance with Section 7-402(B). C. Lots Configuration, Cul-de-Sacs. The proposed lots are not wedge shaped, nor do they front on a cul-de-sac. Therefore, Section 7- 402(C) is not applicable to this application. 89 D. Lot Division by Boundaries, Roads, or Easements Prohibited. The proposed lots are not divided by municipal boundaries, county roads, or public rights-of-way. Therefore, Section 7-402(D) is not applicable to this application. Survey Monuments (Section 7-403) Permanent survey monuments have been found or set for the proposed subdivision, in accordance with Section 7-403, as evidenced by the Final Plat included in this application. School Land Dedication (Section 7-404) The applicant requests payment in lieu of school land dedication, in accordance with Section 7-404(C). Said payment will be submitted in accordance with the applicable requirements of Section 7-404. Road Impact Fees (Section 7-405) Pursuant to Section 7-405(C), the proposed Minor Subdivision is in the county’s “East Benefit District.” The owners of Lot 1 and Lot 2 will be responsible for addressing Road Impact Fees, pursuant to Section 7- 405, at the time of building permit. 90 13. Compliance with Review Criteria (pursuant to Section 5-301(C)) Pursuant to Section 5-301(C) an application for a Minor Subdivision shall meet the following criteria. An explanation for how this application complies with each of the review criteria is provided below. 1. It complies with the requirements of the applicable zone district and the Land Use and Development Code, including Standards in Article 7, Divisions 1, 2, 3 and 4. As demonstrated in the application, the proposed Minor Subdivision complies with the requirements of the Rural (R) zone district, the standards set forth in Article 7, Divisions 1, 2, 3, and 4, and all other applicable requirements of Garfield County’s Land Use and Development. 2. It is in general conformance with the Comprehensive Plan. The proposed Minor Subdivision is in general conformance with the county’s Comprehensive Plan 2030, specifically the density of residential uses recommended for the Residential Low (RL) future land use category, the Vision for Housing, and Policy 1 under Transportation. 3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. The information and documentation included in this application demonstrates that there is a legal, physical, adequate, and dependable water supply for each lot in the proposed Minor Subdivision and future development of these lots. 4. Satisfactory evidence of adequate and legal access has been provided. The information and documentation included in this application demonstrates that there is adequate and legal access to the lots in the proposed Minor Subdivision. 5. Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. All easements necessary for drainage, irrigation, utilities, roads, and water service are in place and evidence of such is provided on the Final Plat included in this application. 6. The proposed Subdivision has the ability to provide an adequate sewage disposal system. The preliminary geotechnical study and site-specific OWTS designs for Lot 4 and Lot 8 of the Whitecloud Ridge Subdivision demonstrate that it is possible to serve the lots within the proposed Minor Subdivision with OWTS. Without knowing the location of the single-family homes and ADUs, it is not possible to provide more specific information necessary to satisfy all the requirements of Section 4-203(N)(b) at the time of this application. Therefore, a request to defer the submission requirements of Section 4-203(N)(b) until building permit is included in this application. 7. Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rockfall and poor soils, shall be mitigated, to the extent practicable. Natural and geologic hazards on the property have been identified on the Site Plan or have been described in this application. Given the nature of these hazards, it is not possible to address them as part of this application. Therefore, the owners of Lot 1 and Lot 2 will be responsible for addressing and mitigating, to the extent practicable, the hazards on their property. 91 8. Information on the estimated probable construction costs and proposed method of financing for roads, water distribution systems, collection systems, storm drainage facilities and other such utilities have been provided. The proposed Minor Subdivision does not require the construction of major and/or public infrastructure that would usually necessitate the submittal of information regarding the estimated probable construction costs and proposed methods of financing. A request for a waiver from the submittal requirements of Table 5-401: H. Preliminary Cost Estimates is included in this application. The owners of Lot 1 and Lot 2 will be responsible for the cost of constructing the infrastructure (e.g., driveways, water service lines, OWTS, utility service lines, etc.) necessary to serve their lots. This is not an uncommon approach in subdivisions in Garfield County and can typically be financed via a construction loan. 9. All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office. Evidence that all taxes, applicable to the land, have been paid is included on the following page. Further, a Certificate of Taxes Paid is included on the Final Plat and will be signed by the Garfield County Treasurer prior to the recording of the Plat. 10. All fees, including road impact and school land dedication fees, shall be paid. The applicant will submit payment, in lieu of school land dedication, in accordance with the applicable requirements of Section 7-404. The owners of Lot 1 and Lot 2 will be responsible for addressing Road Impact Fees, pursuant to Section 7-405, at the time of building permit. 11. The Final Plat meets the requirements per Section 5-402(F), Final Plat. The Final Plat for the proposed Minor Subdivision, included in this application, has been prepared by True North Colorado LLC in accordance with Section 5-402(F). 92 Summary of Taxes Due 93 14. Waiver Requests (pursuant to Sections 4-118 and 4-202) Request for a waiver of Section 4-203(N) submission requirements Section 4-203(N)(b) requires that the following materials be submitted in conjunction with an application for a Minor Subdivision: (1) Evidence that the OWTS will comply with the county’s OWTS requirements and requirements of the CDPHE, Water Quality Control Commission. (2) Documentation of soil percolation tests and other studies required to determine maximum seasonal groundwater level and depth to bedrock, in compliance with the county’s Individual Sewage Disposal requirements. (3) Test locations shall be indicated on the Plat. (4) Tests shall be performed by a qualified professional engineer. (5) A proposed management plan for operation and maintenance of on-site systems. The location for the single-family homes and ADUs or SDUs on Lot 1 and Lot 2 will be determined by the lot owners. The location of the single-family homes and ADUs or SDUs will dictate where a site-specific geotechnical evaluation needs to be done and the design and siting of the OWTS. Without knowing the location of the single-family homes and ADUs or SDUs, it is not possible to provide the information necessary to satisfy the requirements of Section 4-203(N)(b) at the time of this application. It is requested that the applicable decision-making body defer the submission requirements of Section 4- 203(N)(b) until building permit. In addition, it is requested that the requirement to identify test locations on the Plat be allowed to be met by including information about test locations in a site-specific geotechnical evaluation. If this waiver is approved, the addition of a note to the Final Plat would be a practical method for ensuring that future lot owners and county staff understand that the information required under Section 4- 203(N)(b) is to be submitted as part of an application for building permit. Compliance with Waiver Review Criteria (Section 4-202) 1. The Applicant shows good cause for the requested waiver. It is believed that the justification, provided above, demonstrates good cause for the requested waiver. 2. The project size, complexity, anticipated impacts, or other factors support a waiver . As noted in this application, the size of Lot 1 and Lot 2 afford several locations that would be suitable for residential development. Without knowing the location of the single-family homes and ADUs or SDUs to be built on the lots, it is not possible to obtain and submit the information necessary to satisfy the requirements of Section 4-203(N)(b) at this time. 3. The waiver does not compromise a proper and complete review. Evidence that the geology underlying Lot 1 and Lot 2 is suitable for an OWTS has been provided in this application. Therefore, a proper and complete review of this application should be possible absent the submittal materials that are requested to be provided as part of an application for building permit. 94 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. As noted above, adequate information has been included in this application to demonstrate that it is feasible to serve Lot 1 and Lot 2 with an OWTS. It is believed that this information is sufficient to describe the proposed Minor Subdivision and to demonstrate compliance with the review criteria set forth in Section 5-301(C). Request for a waiver of Section 5-401 submission requirements Pursuant to Table Table 5-401: Application Submittal Requirements a Grading and Drainage Plan is not required for a Minor Subdivision application. However, Table 5-401 does state that Preliminary Engineering Reports and Plans for Groundwater Drainage are required for a Minor Subdivision application. No changes to existing grading and drainage are proposed with this application. Any changes to the existing grading and drainage of Lot 1 or Lot 2 may be proposed with development of the lots. The owners of Lot 1 and Lot 2 will be responsible for obtaining and submitting, to the county, any grading and drainage plans specific to the improvements to be constructed on their lot. This will be addressed at the time of building permit. The proposed Minor Subdivision does not require the construction of any private and/or public improvements that would necessitate the submittal of information regarding the estimated probable construction costs and proposed methods of financing. The owners of Lot 1 and Lot 2 will be responsible for the cost of constructing the infrastructure (e.g., driveways, water service lines, OWTS, utility service lines, etc.) necessary to serve their lots. There are a variety of options available for financing site-specific infrastructure (e.g., a construction loan). Requiring lot owners to finance the infrastructure specific to their property is not an uncommon approach. Compliance with Waiver Review Criteria (Section 4-202) 1. The Applicant shows good cause for the requested waiver. It is believed that the justification, provided above, demonstrates good cause for the requested waiver from the submittal of Preliminary Engineering Reports and Plans for Groundwater Drainage. It is believed that the justification, provided above, demonstrates good cause for the requested waiver from the submittal of Preliminary Cost Estimates for Improvements. 2. The project size, complexity, anticipated impacts, or other factors support a waiver. The fact that no changes will be made to the site’s existing grading or drainage, as part of this application, supports a waiver from the requirement to submit Preliminary Engineering Reports and Plans for Groundwater Drainage. It seems reasonable to waive the requirement to submit Preliminary Cost Estimates for Improvements given that no major private and/or public improvements are being proposed with this application. 3. The waiver does not compromise a proper and complete review. The requested waivers should not compromise the proper and complete review of this application. There is ample information provided in this application that addresses the site’s existing topography (i.e., grading and drainage) and site-specific improvements that the owners of Lot 1 and Lot 2 are responsible for designing, financing, and constructing. 95 4. The information is not material to describing the proposal or demonstrating compliance with approval criteria. Since no changes to existing grading or drainage are proposed, nor are any private and/or public improvements proposed, Preliminary Engineering Reports and Plans for Groundwater Drainage and Preliminary Cost Estimates for Improvements would offer little value to describing the proposed Minor Subdivision or to demonstrating compliance with the review criteria set forth in Section 5 - 301(C). 96 15. Preliminary Engineering Reports and Plans (pursuant to Table 5-401) Pursuant to Table 5-401, engineering reports and plans for: A. Roads, Trails, Walkways, and Bikeways; C. Sewage Collection and Water Supply and Distribution System; E. Groundwater Drainage; and H. Preliminary Cost Estimates for Improvements are to be addressed in an application for a Minor Subdivision. A brief explanation of how these submittal requirements have been addressed in this application is offered below. A. Engineering reports and plans for roads, trails, walkways and bikeways. Analyses of legal access, traffic, and compliance with the county’s Access and Roadway standards are included in this application. The owners of Lot 1 and Lot 2 will be responsible for providing the county with engineering reports and plans, as required, for the driveways to be constructed on their lots. Engineering reports and plans for trails, walkways and bikeways are not applicable to this application. C. Engineering reports and plans for sewage collection and water supply and distribution system. The owners of Lot 1 and Lot 2 will be responsible for obtaining engineering reports and plans from a qualified professional, pursuant to Section 4-203(A), for the OWTS to be installed with the construction of a single-family dwelling unit and ADU or SDU on their lot. A request for a waiver from the submittal requirements of Section 4-203(N) are included in this application. If the waiver is approved the required submittal items will be address at time of building permit. Information regarding the water supply and distribution system for the proposed Minor Subdivision can be found in this application and in Appendix C. E. Engineering reports and plans for groundwater drainage. The owners of Lot 1 and Lot 2 will be responsible for obtaining grading and drainage plans specific to the improvements to be constructed on their lot and for submitting those to the county at the time of building permit. A request for a waiver from the requirements of Table 5-401: E. Preliminary Engineering Reports and Plans for Groundwater Drainage is included in this application to allow for the submittal of these items to occur at time of building permit. H. Preliminary cost estimates for improvements. The proposed Minor Subdivision does not require the construction of any private and/or public improvements that would necessitate the submittal of information regarding the estimated probable construction costs and proposed methods of financing. A request for a waiver from the submittal requirements of Table 5-401: H. Preliminary Cost Estimates for Improvements is included in this application. 97 16. Referral to the Colorado Geologic Survey The applicant understands that this application will be referred to the Colorado Geologic Survey (CGS) for review and comment. The recommendations of the CGS will be addressed once they have been received. A copy of the CGS Land Use Review form provided to Garfield County is included below. 98 Appendix A | Supplemental Utility Information 99 Will Serve Letter from Holy Cross Energy 100 Will Serve Letter from Black Hills Energy 101 102 Will Serve Letter from CenturyLink 103 Verizon Wireless Coverage Map AT&T Wireless Coverage Map Site Site 104 Appendix B | Attachments to Legal History Analysis