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.
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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
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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.
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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)
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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
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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.
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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
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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
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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.
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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.
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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).
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Summary of Taxes Due
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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.
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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.
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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).
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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.
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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.
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Appendix A | Supplemental Utility Information
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Will Serve Letter from Holy Cross Energy
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Will Serve Letter from Black Hills Energy
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Will Serve Letter from CenturyLink
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Verizon Wireless Coverage Map
AT&T Wireless Coverage Map
Site
Site
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Appendix B | Attachments to Legal History Analysis