Fussner Minor Subdivision

(Whitecloud)

Important Update: There is no hearing UNLESS AFFECTED ADJACENT NEIGHBORS CALL FOR ONE and the call is approved!

Currently, there are no hearings planned. However an affected and adjacent property owner may request a hearing within 10 business days after the Community Development Director's Decision. The Directors Decision is tentatively scheduled for December 5.

Whitecloud is the former Ascendigo Property that we fought so hard to protect from over development and commercial use in Spring 2021. As you know the property was sold by Ascendigo to a family owned Limited Liability Corporation (LLC).

Application Highlights

  1. Unless an adjacent neighbor (Part A, Sec. 4 Pg 25) requests a hearing and that request is approved, there will be no public hearings for this application . (Part A , Pg 34.)

  2. Part A (pages 5 - 8) Addresses a list of the concerns that neighbors (including KMOHR) have raised and a corresponding response.

3. The Application includes a DRAFT ROAD MAINTENANCE AGREEMENT for Whitecloud in Part I.

4. Part E provides WHITECLOUD RIDGE HOMEOWNERS ASSOCIATION RULES, REGULATIONS & POLICIES, March 2022 of interest to neighboring HOAs (starting on page 15).

The Fussner Minor Subdivision Application is Posted on the Garfield County Website

Click here to see the Garfield County posted pages. Unfortunately, Garfield provided little labeling or context.

To assist in your review, we've developed a guide to help you review the application.

The files linked in the guide are current as of October 31.

What's the Proposal?

The new owner of this property has applied to subdivide the 41 acre Levitt Lot by creating a new lot – one 36 acres remains and the other 5 acres would be a new lot.

They already took the other Levitt 6 acre lot and made it a 14th lot for the White Cloud subdivision which used to be 13 lots. Now they are looking to add this last 5 acre lot to make a total of 15 lots available as building lots plus the one 36 acre lot they intend to keep and build a home for themselves.

It seems that the new 5-acre lot and the 36-acre lot would not become part of the White Cloud HOA, but they would get their water from the HOA and road access and maintenance. Some of these lots also have ADU rights. Two of the original White Cloud have been purchased by Tommy Barras with intention to keep vacant. But they are still potentially building lots.

Key points:

  1. The addition of one more lot, may seem inconsequential, but given the cases made during the Ascendigo fight – water is always a consideration. Keeping development to this area at a minimum has always been a goal. And we have continued to see drought and believe it will continue. So, while the original White Cloud lots are grandfathered in, one might want to make the case that it’s enough, why add another lot to this area. Every lot, every ounce of water, every car, etc. makes a difference.

  2. The application has a draft road maintenance agreement in it. It includes the new parcel, but no mention of Harmony. And the old, abandoned Harmony Road maintenance agreement is also included (you will have to download the docs from the link and scroll through the pdf). This may be an opportunity for those on Harmony to get participation from the White Cloud HOA.

  3. Most critical in terms of action and timing. This subdivision application calls for a “Director only” decision process and not a hearing. So, this could easily slip through without any option for neighbor input. Now is the time to speak up.

KMOHR has added the information to the website in order to simplify everyone’s ability to review the application and its implications. They are hard to read on their website, so if you want to review them, we've downloaded them and created an index.

Alternatively, we have suggested more than once that the new owner consider a Conservation Easement in order to keep all of this land vacant and open as it has been and they have conveyed to us that they are considering that. If the numbers work out, it has the potential to provide a return on investment for the owners. This would be accomplished by conserving some of it and selling some lots. Given the current market and the fact that these lots are not selling, we believe this option has a much greater potential outcome for them (and much quicker), but there are numerous factors that impact the feasibility and we do not know how or whether this is really viable.

From the Application

Purpose:

  • The purpose of this application is to subdivide the subject property into two lots that offer terrific views of the Roaring Fork Valley, Mt. Sopris, and the Elk Mountain Range.

  • Each lot is well-suited for the construction of a single-family home and ADU or SDU and offer several options for a building site.

  • The applicant’ s intent is to develop Lot 1 of the Minor Subdivision for their own single- family home and to potentially build an ADU or SDU on the lot to help offset the high cost of living in the Roaring Fork Valley. The ADU or SDU is also intended to help provide a more affordable housing option for someone looking to reside here.

  • Lot 2 of the Minor Subdivision is intended to be sold and developed with a single-family home and possibly an ADU or SDU.

  • Development of the existing ± 41.284 -acre property with two single family homes and up to two ADUs or SDUs is very much in keeping with the character of development in this part of Missouri Heights and will allow for much the property to be retained in its current condition.

  • To minimize potential impacts on the viewsheds of neighboring properties to the north, a note has been added to the Final Plat for the Minor Subdivision that restricts the height of any structure on Lot 2 to a maximum of 15-feet above the existing, generally east-west, ridgeline on the lot.

Approval of this application will result in:

  • The subdivision of an existing ± 41.284 -acre lot (parcel no. 239128300225) into a ± 36.175- acre lot (“Lot 1”) and a ± 5.110- acre lot (“Lot 2”).

  • Lot 1 and Lot 2 will remain zoned Rural ( R).

  • Both Lot 1 and Lot 2 are intended for a single- family dwelling unit and an accessory dwelling unit (ADU) or a secondary dwelling unit (SDU).

  • Lot 1 has convenient access to/from Harmony Lane and

  • Lot 2 has convenient access to/from Levitt Lane and Whitecloud Road.

  • There is an existing potable water system (the “Whitecloud Ridge Domestic Water System”) that is operated by the Whitecloud Ridge Homeowner’ s Association and is supplied by two existing wells (Levitt Well No. 2 and Levitt Well No. 3) on Lot 1. This existing potable water system will be used for domestic water needs for Lot 1 and Lot 2.

  • Irrigation water will be available to Lot 1 and Lot 2 to the extent that it is legally and physically available and delivered to Missouri Heights and Mountain Meadows Irrigation Company (MHMMIC) shareholders.

  • On-site wastewater treatment systems (OWTS) will be designed for, and constructed on, Lot 1 and Lot 2.

Project Description (from the Pre-Application Conference)

The proposal would divide the existing 41-acre parcel into a 36-acre parcel and a 5-acre parcel through a minor subdivision process. The smaller site would be accessed from White Cloud Road, while itis unclear if the larger parcel's access would be from Harmony Lane or White Cloud Road. The applicants indicate they will seek a waiver from submitting driveway designs, however they should anticipate providing evidence that legal and physical access will be possible.


Water supply would be through the Whitecloud Ridge Domestic Water System Operating Agreement. That system currently has two wells and a water storage tower. The application will need to show legal, adequate, and the quality of the water. Recent tests were conducted as part of another application. The applicants may work with the owners of that information to submit it as a part of this application. Irrigation water may also be available to the properties and will be determined prior to an application.


Wastewater management would be through OWTS. While the full designs can be waived until building permit, the application will need to show evidence of the ability of such a system to service the lots. This is often accomplished through percolation tests and letters from licensed professionals attesting that OWTS will be feasible.


Utility access was discussed in the preliminary materials as well. The application should provide will-serve letters or similar items to show appropriate access and supply.


Carbondale Rural Fire Protection District would be used as a referral agency regarding fire protection.


Staff noted previous concerns regarding the well production and drawn down of aquifers and issues with the use of Harmony Ln., its maintenance and adequacy of its road condition as significant considerations for any new subdivisions.

Contacts for Questions/Public Comments

Applicant Supplied Flyer

Fussner Minor Subdivision Flyer.pdf