SANJUAN COUNTY, COLORADO BOARD OF COMMISSIONERS MEETING AGENDA June 10, 2020 DUE TO THE COVID 19 EMERGENCY.SAN JUAN COUNTY WILL CONDUCT ALL OF ITS PUBLIC MEETING VIRTUALLY UNTIL FURTHER NOTICE. THE INFORMATION NECESSARY TO CONNECT TO THIS PUBLIC MEETING IS LISTED BELOW CALL TO ORDER: 8:30 A.M. OLD BUSINESS: Consider Bills and Authorize Warrant Minutes May 27, 2020 APPOINTMENTS: 9:00: A.M. - Martha Johnson, Social Services 9:30 A.M. - Public Hearing George Riley, Plat Amendment Lot 4 Cole Ranch 10:00 A.M. - Road and Bridge Update 10:30 A.M. - Becky Joyce, Public Health, Jim Donovan Office of Emergency Management 11:00 A.M. - Resolution 2020-06 Fire Ban 11:15 A.M. - Terry Morris CAG Update CORRESPONDENCE: History Colorado - Frisco-Bagley Mill Historic Places Designation NEW BUSINESS: Lease to Purchase Option - Lot 29 Anvil Mountain Commissioner and Staff Reports OTHER: Public Comment ADJOURN: Next Regular Meeting = 6:30 PM, Wednesday June 24, 2020 Join Zoom Meeting https: I2oom.us.92138473203 Meeting ID: 921 3647 3203 One tap mobile +16699006833,92136473203 US (San Jose) +12532158782,92136473203 US (Tacoma) Dial by your location +1 69 900 6833 US (San Jose) + 3782 US (Tacoma) +1 46 0 7799 US (Houston) +1 646 376 9923 US (New York) +1 301 1 5 3592 US (Germantown) +1 312 6799 US (Chicago) Meeting ID: 921 3647 3203 SAN JUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY, MAY 27, 2020 AT 6:30 P.M. Call to Order: The meeting was called to order by Chairman Peter McKay. Present were Commissioners Ernest Kuhlman, Scott Fetchenhier, County Attorney Dennis Golbricht and Administrator William Tookey. The meeting was held via Zoom video conferencing. Commissioner Fetchenhier moved to approve the minutes of May 13, 2020 as submitted. Commissioner Kuhlman seconded the motion. The motion passed unanimous. Public Health Director Becky Joyce and Emergency Manager Jim Donovan were present to provide the Commissioners with an update on the COVID 19 emergency. Also providing updates were Sheriff Bruce Conrad and Public Information Officer DeAnne Gallegos. The Commissioners discussed the need for the mandatory requirement to wear facemasks to help prevent the spread ofthe corona virus. It was the consensus ofthe Commissioners to send a letter to the Board of Trustees to strongly encourage them to adopt an ordinance to mandate wearing facemasks. James Simono ofthe Forest Service was present to discuss the opening of developed campgrounds within San Juan County. It was the consensus of the Commissioners to support the opening of developed Forest Service Campgrounds. BLM Gunnison Field Manager Elijah Waters was present to inform the Commissioners that COVID - 19 signage has been constructed and that it will be installed on the Alpine Loop in both Hinsdale and San Juan County. He also noted that there is a possibility that stimulus funding could be made available for shovel ready projects. The Commissioners discussed Fire Bans with both the BLM and Forest Service. The Forest Service is currently under a stage 1 fire ban, the BLM is not currently under a fire ban. The Commissioners discussed County Roads. Ouray County Commissioner Ben Tisdel and Hinsdale County Commissioner Kristine Borchers participated in the discussion. It was the consensus oft the Commissioners and Sheriff Bruce Conrad to open South Mineral and the backcountry roads. The Road Crews from San Juan, Ouray and Hinsdale Counties have already cleared the snow on Corkscrew, Engineer and Cinnamon Passes. Undersheriff Steve Lowrance was present to discuss the Alpine Ranger position. He is working with the Hinsdale County Sheriff. Elijah Waters noted that the BLM was making $10,000 available to both San Juan and Hinsdale County for patrolling the backcountry. Al Harper of the Durango and Silverton Narrow Gauge Railroad was present along with Chamber Manager DeAnne Gallegos to discuss the challenges the Railroad is facing in order to start operating. An "Essential Train" will travel from Durango to Silverton on Thursday. Computerized Maintenance Agreement with Saul's Creek for the Clerk' S Recording Equipment was presented to the Commissioners. Commissioner Fetchenhier moved to approve the 3-year agreement as presented. Commissioner Kuhlman seconded the motion. The motion passed unanimous. Planning Director Lisa Adair was present to address any questions the Commissioners have concerning her staff report. Ms. Adair also informed the Commissioners that Cascade Village will be required to submit an Improvement Permit application to repair a storm drain in one of the buildings. It was the consensus of the Commissioners that the application could be reviewed and approved administratively and did not need to go through the Planning Commission and Commissioner review process. The Chairman called for public comment. Commissioner Fetchenhier moved that the Board go into executive session as authorized by C.R.S. 24-6-402(4)(b) for the purpose of conferring with our attorney for the purposes of receiving legal advice on specific legal questions concerning the County. Included in the executive session would be the Board of Commissioners, County Attorney Dennis Golbricht, County Administrator William Tookey and Building Inspector and Code Enforcement Officer Bill MacDougall. Commissioner Kuhlman seconded the motion. The motion passed unanimous. The County attorney certifies that the matters to be discussed in executive session constitute attorney-client privileged communication pursuant to C.R.S. $ 24-6-402(4)b) and therefore no recording shall be made or minutes kept. The Commissioner began their executive session at 9:40 P.M. Upon completion of the executive session the regular meeting was reconvened at 10:04 P.M. No decisions were made. Having no further business, the meeting adjourned at 10:05 P.M. SAN JUAN COUNTY DEPARTMENT OF SOCIAL SERVICES Department of Social Services Phone 970-387-5631 * Fax 970-387-5326 Martha Johnson, Director 4/30/2020 Date 6/3/2020 Transmittal # 4 Administrative Payroll Payroll 4/20 $7,802.73 Child Care Payroll 4/20 $ Colorado Works Payroll 4/20 $ 392.00 LEAP Payroll 4/20 $ 2,443.01 Old Age Pension Payroll 4/20 $ 195.00 AND Payroll 4/20 $ TOTAL $10,832.74 I, MARTHA JOHNSON, Director of Social Services of San Juan County of Colorado, hereby certify that the payrolls listed above are available for inspection and have been paid to the payees listed. Wartr - 6/8h2020 MARTHA. JOHNSON I, PETER C MçKAY, Chairman of the San Juan County Board of Commissioners, hereby certify that the payments as set forth above have this date been approved and warrants in payment thereof issued upon the Social Services Fund. PETER C MCKAY Post Office Box 376 Silverton, CO 81433-0376 a (970)387-5631 San Juan County Report of Activities through Aprll-2020 COUNTY BUDGET 1/1/2020 THRU 12/31/2020 4/30/2020 Program Desc Allocation Y-T-D Balance % Budget YTD %Yaar Chld Support Expenditures 2,000.00 $ 32.78 $ 1,967.22 1.64% 33% Revenues $ 1,380.00 $ 20.84 $ 1,380.18 1.50% 33% County Share 610.00 $ 11.94 $ 598.08 1.86% 33% Medicald Transportation $ 5,000.00 $ 5 5,000.00 0.00% 33% Revenues $ 6,000.00 $ $ 5,000.00 0.00% 33% County Share $ $ 0.00% 33% $ Chlld Care Expendlures 3 8,525.00 $ 1,121.50 $ 7,403.41 13.16% 33% Revenues - 6,820.00 $ 855.91 $ 5,984.09 12.55% 33% County Share 1,705.00 $ 285.68 $ 1,439.32 15.58% 33% $ Child Welfare Expenditures 42,648.00 $ 4,150.31 $ 38,497.69 9.73% 33% Revenue S 34,706.00 $ 3,322.48 $ 31,383.52 9.57% 33% County Share 7,942.00 $ 827.83 $ 7,114.17 10.42% 33% $ Leep Administration 1,500.00 $ $ 1,500.00 0.00% 33% Revenue 1,500.00 $ $ 1,500.00 0.00% 33% County Share $ $ 0.00% 33% $ Colorado' Works Expenditures 44,897.00 $ 5,411.98 $ 39,285.02 12.11% 33% Revenue 35,758.00 $ 3,210.70 $ 32,547.30 8.98% 33% County Share 8,939.00 $ 2,201.28 $ 6,737.72 24.63% 33% $ Reguler Administration 3 55,000.00 $ 16,837.24 $ 39,162.76 28.79% 33% Revenue $ 44,000.00 $ 13,063.30 $ 30,936.70 20.69% 39% County Share $ 11,000.00 $ 2,773.94 $ 8,226.06 25.22% 33% $ CORE Services 3 24,000.00 $ 6,000.00 $ 18,000.00 25.00% 33% Revenue s 23,255.20 $ 6,000.00 $ 17,255.20 25.80% 33% County Share $ 744.80 $ S 744.80 0.00% 33% Old Age Penslon $ 2,000,00 $ 616.73 $ 1,383.27 30.84% 33% Revenue $ 2,000.00 $ 616.79 $ 1,383.27 30.64% 33% County Share $ $ $ 0.00% 33% Adult Protection $ 3,530.00 $ 840.87 $ 2,689.13 23.82% 33% Revenue 3 2,824.00 $ 672.69 $ 2,151.31 23.82% 33% County Share S 706.00 $ 168.18 $ 537.82 23.82% 33% Special Projects $ 14,000.00 $ $ 14,000.00 0.00% 33% Revenue $ 14,000.00 $ $ 14,000.00 0.00% 33% County Share $ 0.00% 33% General Assist $ 500.00 $ $ 500.00 0.00% 33% TOTAL EXPEND $179,400.00 $ 34,011.50 $151,388.50 18.96% 33% TOTAL REVENUE $147,998.00 27,762.65 $126,235.35 18.76% 33% TOTAL COUNTY $ 30,696.00 $ 6,248.85 $ 25,153.15 20.38% 33% Total county is different from budget beceuse this epreadsheet does noti include taxss collected *STATE FISCAL YEAR* State budget 7/1/2019 thru 6/30/2020 CATEGORY: Allocation M-T-D Y-T-D Balance ofbudget REGULARADMIN $132,715.00 $3,576.44 $39,712.86 $93,002.14 20.92% COLORADO' 83% WORKS $44,697.00 $1,058.74 $21,988.87 $22,728.13 49.15% CHILD CARE $8,526.00 $292.48 $6,689.79 $1,836.21 78.46% 83% 83% 80/20 CHILD WELFARE $38,296.60 $438.83 $12,358.64 $25,930.96 32.27% 83% 100%CHILD WELFARE $2,937.00 $1.85 $2,426.23 $510.77 82.81% 83% ADULT PROTECTION $3,530.00 $436.70 $2,080.98 $1,449.02 58.95% 83% CORE SERVICES 524,626.00 $2,000.00 $18,000.00 $6,626.00 79.09% GENERAL ASSISTANCE $500.00 $0.00 $0.00 $500.00 0.00% 83% 83% TOTALS $255,627.60 $7,803.14 $103,235.37 $152,592.23 40.35% 83% 8/3/20202:09 PM 2 M 3 8 & - 3 1 I - * - a N a a 3 8 3 € 4 STAFF REPORT FOR THE BOARD OF COUNTY COMMISSIONERS PROPOSED AMENDMENT TO A SUBDIVISION PLAT RILEY RESIDENCE, LOT 4 COLE RANCH REPORT DATE: JUNE 7, 2020. MEETING DATE: JUNE 10, 2020. FROM: PLANNING DIRECTOR. Public Hearing: Proposed Amendment to an Existing Subdivision Plat, for Lot 4 in the Cole Ranch Subdivision. Project: Proposed Riley Residence and Associated Improvements, Lot 4, Cole Ranch Subdivision, located on A Portion of the French Placer, near Minnie Gulch, County Road 2, San Juan County, Colorado. Applicants/Owners: Anna & George Riley. Applicants' Consultants: Architect Chris Clemmons of Mountain Grain LLC Architecture in Durango; Septic Designer Chad Engelhardt of Engelhardt Environmental LLC in Durango. Application Type and Process: (I) Proposed Amendment to an existing Subdivision Plat. On June 10, the County Commissioners will hold a Public Hearing to consider approval or denial of a Proposed Amendment to an existing, previously-approved Subdivision Plat. (2) Improvement Permit Application. An Improvement Permit Application is required to construct a proposed residence on this site, which is an approved lot within an existing Subdivision. Ifthe County Commissioners approve the Proposed Amendment to the Subdivision Plat, then the Planning Director will review the Improvement Permit Application, to verify it complies with the conditions oft the previously- approved Subdivision, and the San Juan County Land Use Regulations. Proposed Amendment to the Subdivision Plat: The proposed Amendment to the existing Subdivision Plat is a request from the Applicants to allow construction oft their proposed residence on the west side of County Road 2, instead ofthe east side of County Road 2. The Subdivision was approved with the home on this site (Lot 4) to be located on the east side of County Road 2. On the west side of County Road 2, only proposed outbuildings were to be permitted. The 2001 Subdivision Plat Notes state: "There shall be no structures other than small storage sheds on that portion of Lots 1,2,3, and 4 lying west ofCounty Road 2, without the express permission ofthe Board of County Commissioners: 99 On June 10, the Commissioners are considering whether or not to allow switching the proposed locations of the residence and garage. SUMMARY: The Planning Director recommends that the County Commissioners can approve this proposed Amendment to the existing Subdivision Plat. Approval will allow the proposed Lot 4: residence to be built on the west side of County Road 2, and the proposed Lot 4 garage on the east side of County Road 2. Both of the structures are proposed within existing Building Envelopes. Ifthe Proposed Plat Amendment is approved by the County Commissioners, the Planning Director will review the Improvement Permit Application to confirm it complies with 1 STAFF REPORT FOR BOCC, RILEY RESIDENCE LOT 4 COLE RANCH, JUNE 7, 2020. the 2001 Cole Ranch Subdivision conditions of approval, and the San Juan County Land Use Regulations. Subdivision Location: The Cole Ranch Subdivision is located along County Road 2, near Minnie Gulch. Lot Location: Lot 4 is located on County Road 2. South ofl Lot 4 is Minnie Gulch Road and Lot 6. West ofl Lot 4 is the Animas River. North ofLot 4 is Lot 3. East ofLot 4 is a steeper, heavily wooded area ofMinnie Gulch. Parcel Shape and Acreage: Lot 4 is a rectangle, consisting of approximately 5 acres. Legal Access: The site has legal written access from County Road 2, and from County Road 24 (Minnie Gulch Road). Existing Improvements: The site currently has the following improvements: an existing driveway, an existing gate, and an existing rectangular flat gravel RV parking spot, possibly existing signs, existing San Miguel Power Association overhead electric line and poles and easement, existing gravel abandoned railroad bed and easement, County Road 2 and easement, existing buried electric and phone lines on the edge(s) of County Road 2. Proposed Improvements: This project includes a Proposed Amendment to the Subdivision Plat (being reviewed by the County Commissioners), followed by an Improvement Permit Application (to be reviewed by the Planning Director after the County Commissioner approval or denial of the Proposed Plat Amendment). The following amendment and improvements are proposed: (1). Proposed Amendment to the Subdivision Plat, consisting of a request for the County Commissioners' permission to construct the proposed residence in a location other than the location specified on the 2001 Subdivision Plat. (2) Proposed residence (to be located in the Building Envelope which was specified for Outbuildings). (3). Proposed garage (to be located in the Building Envelope which was specified for the Residence). (4), Proposed utilities (water well, septic system, underground electric and phone). Proposed Shed and RV Service Lines: The Application documents make reference to a proposed shed (an open-sided, picnic gazebo structure, along the Animas River) and proposed water/sewer/electric service lines for one RV. Please note that the proposed shed and the proposed RV service lines are no longer part ofthis. project as ofJune 3. Submittal. Documents: The application binder (submitted May 1) is attached for your review. Revised plans and a cover letter (submitted June 3) are attached for your review. The attached documents are two-fold. The attached documents include information on both the proposed Amendment to a Subdivision Plat, as well as a subsequent Improvement Permit Application. Subdivision History: The project site is an approved lot, in an approved Subdivision. The County approved the Cole Ranch Subdivision, with six lots, for proposed single-family residential use, in 2001. The County's 2001 approval included certain requirements. Those County requirements are 2 STAFE REPORT FOR BOCC, RILEY RESIDENCE LOT 4 COLE RANCH, JUNE 7, 2020. described in the following documents: the 2001 Cole Ranch Subdivision Survey Plat, the Plat Notes on the 2001 Survey Plat, 2001 Deed Restrictions, and 2001 Codes Covenants & Restrictions (CC&Rs). Two Existing Building Envelopes: There are two approved building envelopes on this project site (Lot 4). One approved building envelope is on the east side of County Road 2. The other approved building envelope is on the west side of County Road 2. Residential Building Envelope: The approved building envelope on the east side of County Road 2 was intended for the proposed residence, and can be referred to as the previously-approved Residential Building Envelope. 9> The Residential Building Envelope is on the east side of County Road 2, and on the north side of Minnie Gulch Road. Outbuildings Building Envelope: The approved building envelope on the west side of County Road 2 was intended only for proposed outbuilding(s), and can be referred to as the previously- approved "Outbuildings Building Envelope.' 9 The Outbuildings Building Envelope was restricted to "outbuildings" and/or "small storage sheds,' 93 with an aggregate of . ,500 square feet per lot. That requirement is from the County's 2001 Deed Restrictions. Proposed Residence Location: In 2001, when the Cole Ranch Subdivision was approved, it was intended that the proposed single family residence on this project site (Lot 4) would be constructed on the east side of County Road 2. Lots 1,2, 3, 4, and 5 were all approved for proposed residences on the east side of County Road 2. Only Lot 6 had an approval to build a residence on the west side of County Road 2. The Lot 4 Applicants are currently proposing to construct their single family residence on the west side ofCR2. That is why the County Commissioners are reviewing this request which is considered a "Proposed Amendment to an Existing Subdivision Plat." Plat Note Requiring Commissioner Review: One ofthe 2001 Subdivision Plat Notes states the following: "There shall be no structures other than small storage sheds on that portion ofLots 1.2. 3. and 4 lying west of County Road 2, without the express permission ofthe Board ofCounty Commissioners. 9> The Applicants are requesting permission to construct their proposed residence on the west side of County Road 2, SO they are seeking the "express permission oft the Board of County Commissioners." 73 The proposed residence is located within the previously-approved Outbuildings Building Envelope, instead ofthe previously-approved Residential Building Envelope. To proceed with the residence where proposed, the Applicants are requesting the "express permission of the Board of County Commissioners." Proposed Garage Location: The proposed garage is located on the eastern side of County Road 2. The proposed garage is located within the previously-approved Residential Building Envelope. The proposed garage is located where the residence was supposed to be located. Proposed Shed: The Applicants originally proposed a shed" on the Animas River bank, which was to be an open-sided, picnic pavilion outbuilding, similar to a park gazebo, with no walls. That proposed shed has been removed from the current site plan. The Applicants are no longer proposing any shed. The shed was outside of any approved building envelope, and would have required an additional Subdivision Plat Amendment. The shed was located along the river, and could have been subject to geologic hazards. Considering the geologic hazard possibility, along 3 STAFF REPORT FOR BOCC, RILEY RESIDENCE LOT 4 COLE RANCH, JUNE 7, 2020. with some screening and other concerns from adjacent land owners, the Applicants removed the proposed shed from the plans as of June 3. Please refer to the attached Revised Plans, which reflect that there is no longer a proposed shed. Adjacent Land Owner Information: The adjacent land owners within 1500 feet of the project site were notified by mail. The correspondence reçeived by the Planning Department is attached for your review. Some oft the adjacent land owners plan to "call in" for the Public Hearing. There are adjacent land owners who are opposed to the Proposed Amendment to the Subdivision Plat. Legal Notice: A Legal Notice for this Public Hearing was published in the local newspaper more than ten days in advance of the June 10 Public Hearing. Subsequent Improvement Permit Application: After the County Commissioners make a decision on the proposed Plat Amendment, the Planning Director will confirm that the proposed improvements comply with the County's 2001 Subdivision requirements. Ifall oft the Subdivision requirements are met then the Improvement Permit Application can be reviewed "administratively" since this is an approved lot in an approved Subdivision. Ifthere are proposed improvements that do not comply with the Subdivision requirements, then the Improvement Permit Application will be presented to the Planning Commission and County Commissioners. Improvement Permit & Additional Information: The attached application documents submitted by the Applicants include information on both the proposed Amendment to the Subdivision Plat, as well as the subsequent Improvement Permit Application. This Staff Report originally included detailed information related to the proposed improvements and the Improvement Permit Application. A large portion of the recent Planning Director review was related to potential floodplain issues at this site. The information which was originally included in this Staff Report has been reserved for a later date, and is available upon request. The Applicants, consultants, and planning Director will be available during the Public Hearing to discuss and address any questions the Commissioners may have about the proposed improvements and the Improvement Permit Application. The Improvement Permit Application is dependent on the Commissioners' approval or denial oft the Proposed Amendment to the existing Subdivision Plat. If any part ofthe proposed Improvement Permit Application is found to be non compliant with the County's 2001 requirements for the Cole Ranch Subdivision, then the Improvement Permit information will be presented to you at a later date. There are also additional documents, such as the 2001 CC&Rs, 2020 CC&Rs, floodplain maps, County Road & Bridge department comments, etc. that are available upon request. Ift the Commissioners have concerns and would like to be involved in the review of the improvement Permit Application, the Commissioners could potentially add a Condition of Approval to this Proposed Amendment to the Subdivision Plat that the Improvement Permit Application will be reviewed by the Planning Commission and County Commissioners. County Commissioner Options: After discussing this Plat Amendment with the Applicants, and considering any public comments made during the Public Hearing, here are actions that the County Commissioners may decide to take during the June 10 Public Hearing: -The County Commissioners can approve the Proposed Amendment to the Existing Subdivision Plat, thereby allowing the owners ofLot 4 to construct the proposed residence on the west side of County Road 2, and the proposed garage on the east side of County Road 2. 4 STAFF REPORT FOR BOCC, RILEY RESIDENCE LOT 4 COLE RANCH, JUNE 7, 2020. -The County Commissioners can deny the Proposed Amendment to the Existing Subdivision Plat, in keeping with the 2001 Subdivision Deed Restrictions, Plat Notes, and CC&Rs. The proposed residence could then be constructed on the east side of County Road 2 with the proposed garage on the west side of County Road 2, as was originally approved in 2001. -The County Commissioners could request the San Juan Regional Planning Commission to review this Proposed Plat Amendment and develop recommendations. - The County Commissioners could "table" this project, because they are missing a critical piece of information needed to make a decision (if so, please specify what submittal item is needed). -The County Commissioners may decide to approve this Subdivision Plat Amendment with Condition(s) of Approval. Ifthe Commissioners have some unresolved concerns on June 10, a Condition of Approval to consider, for this Subdivision Plat Amendment, may be a requirement that the Planning Commission and County Commissioners review the details of the Improvement Permit Application (including, for example, any potential visual impacts, vegetative screening of structures, signage, septic system permit, building materials, any potential geologic hazards, etc.). Staff Recommendations: The recommendation from the Planning Director is that this request for a Proposed Amendment to the Subdivision Plat can be approved. This is an approved lot within an approved Subdivision. The site is located within the County's Economic Development Corridor. Both the existing Subdivision and the proposed Amendment to the Subdivision Plat comply with the Master Plan, Currently, a structure is permitted on this project site on the east side ofCounty Road 2, and a second structure is permitted on the west side of County Road 2. Both of the proposed structures are located within a previously approved Building Envelope. Whether the Plat Amendment request is approved or denied by the County Commissioners, there can be a structure on each side of County Road 2. Screening shall be an important requirement (use of existing vegetation and planting of imported tress to shield the structures, as viewed from County Roads 2 and 24), regardless of which building ends up on which side ofCounty Road 2. It may be reasonable to approve this request, in order to allow placement of the larger of the two proposed structures (the proposed residence), on the larger piece of land, which is the west side of County Road 2. Placing the residence on the west side of County Road 2 provides adequate area for the proposed utilities, and their associated setbacks, such as the septic tank, leachfield, and the water well. Additionally, allowing the residence on the west side of County Road 2 lessens the need for proposed tree clearing and grading, which would be required to construct the residence in the dense evergreens on the eastern, steeper side of County Road 2. If the Commissioners decide to approve the Amendment to the Subdivision Plat, then the Improvement Permit Application can be reviewed administratively by the Planning Department, as long as it complies withal other aspects ofthe County's 2001 Subdivision requirements. Prepared By: Lisa M. Adair PE Town & County Planning Director Town of Silverton & San Juan County Colorado 5 eP uE Da a 3/UD1E3CS p.15 COLE RANCH SUBDIVISION DEED RESTRICTIONS 1. Structural foundations shall be designed by a professional structural and/or geotechnical engineers to, determine the amount aad variability oft the Joad bearing capacity and expansive nature of the debris fan deposits, 2. The portions oflots 1-5 lying west of County Road 2 are limited to outbuildings with an aggregate of 1500 square feet per Jot. 3. An erosion control plan shall be required as a condition of any mprovements or use permit issued by San Juan County. 4, Structures shall be constructed within the building envelopes. Only one residential unit can be constructed per lot, 5, Site grading and drainage shall be designed to move water away from structures and should be performed in a manner that does not substantially change existing natural drainage patterns. 6, No buildings shall be constructed within 50 feet ofthe centerline ofMinnie Gulch Creek. 7, A satellite phone, or operable cellular phone must be available at esch home site until a landline is available, 8. Trees-shall-not be removed wichin 25 feet of thobase of the Slope. 9, All driveways shall require access permits to be issued by San Juan County. Merl lin Schasfer Sandra Ippolite STATE OF COLORADO COUNTY OF The foregoing instrument was acknowledged before mhe this day of 2001 by Merlin Schaefer and by Sandra Ippolite. Witness my hand and offiçial seal. Notary Public My Commission Expires: eyeluly lzk N : w & C a Ptis RECEIED 6/3/20 Xma Addendum to the George and Anna Riley Residence located at Cole Ranch Subdivision - Lot 4 5/5/2020 Lisa Adair and County Commissioners, we need to submit some deletions and supplemental information to our proposed application. We have sincerely considered and are wanting to delete from our original submittal of our Application for Improvement Permit the Picnic Shed Structure and the RV hook up. This is due to some initial feedback that was coming in from Neighbors as such and again we are wanting to be compatible as reasonable possible with our visions and future dreams and yet respect any reasonable concerns being presented. Also attached are some updated FEMA flood plain map overlays and updated site shots of the new deletions. Sincerely, George and Anna Riley 0Z02/0L/90 I MBIASN SBENOISSIWWO) AINNOD 000PSOOOCOELLY E8418 00 'uopeAlIs 3 # 1D8Vd ZF ppou Ajunoo V94 S.BOSSESSV LLJ 1061 ONEGISEN AETIS VNNV GNV 198039 # 1D3ro8d I01-NOISIAIJENS HONV 3100 1 B3HS 6 - D / e 9 & 2 / / 3 / N & Qvou / AINIOO 08s - Og 6o * 9 MOI 864 6 * A / 6 & a 8 u / 2616. - dy - Z < 7 d % A Ba 14L6 LS 46 GRLS A * BBAB 8PL6 - Sp - 0Z02/01/90 I MEIATN S8BNOISSIWWO) AINNOD 000HSOCOEDELLY EEV18 00 'uopeAs a # 1D8Vd ZR ppos Ajunoo 4794 SOSS3SSV - dL 5 1061 9 3 ONIGISI8 A3TI8 VNNV ONV 198039 ioaroaa : 101-NOISIAIGENS) HONVS 3100 & S Eavos - o /4 E1E 0202/01/90 MIIABN SBBNOISSIWWOD, AINOD OCOHSCOCEOELZY E8V18 00 'uopeAs Tapavd Zpoog Ajunoo 4797 $.3055355V - 1061 @ ONEGISEN A3TI8 VNNV GNV 398039 E 1oaroa - 1Q7 MOHANODEIONVATO2 - 0 K do a a a 3 € - o % * f d 1 4 0 8 a $616 2 & 0202/01/90 - I MIIASN SBENOISSIWWO) AINNOD 000FSOOOEOELLY EEH18 00 'uopeAs - 8 1308Vd a S.OSS3SSV ZA poos Ajunoo 4494 d B 1061 @ JONIGISIN A3T8 VNNV GNV 198019 #I 1D3rO8d 101-NOISIAIGeNSI HONV8310) 4 o 2 € - avoa O 3 Engr se May 11, 2020 Lisa Adair Silverton Town Hall P.O. 250 Silverton, CO 81433 Dear Lisa, I just received notice of Lot 4's, Cole Ranch request to move at the building site to the river side of the site. I am the original developer and OWNER of the the adjacent lot 6. I am vehemently against him building on the north side. My lot is over 3 times the size of lot Lot and Ihave TWO voting rights VS. everyone's one vote. Everyone bought their lots KNOWing that in the Deed Restrictions that they had to build on the South side. This guy can't purchase the property and turn the Deed Restrictions on their butt. Please register my Dissent on May 19 when this is being heard. Thanks you very much. Cordially, hrlle et Sandra Ippolite 7592 Aguila Dr. Sarasota, FL 941-685-2322 sandra.ppolte33@gmalil.com From: A D(malto:docs2011@gmal.com, Sent: Tuesday, May 19, 2020 9:29 AM To: Lisa Adair Subject: Riley Hi Lisa, Ihope you are doing W ell and getting through these crazy times. Wel looked over the Riley sketch plan and it looks fine to us for W hat it's W orth. Thanks, Anthony Doctor 101 CR: 23 5/21/2020 To The County Commissioners: Owning adjacent property, we appreciate the opportunity to provide comment on the proposed Cole Ranch Lot 4 Residence Application. This particular spotin the San Juans is truly one oft the most spectacular natural beauties found anywhere on earth, and it's understandable why the property owners would want to build a residence here, After reviewing the Application for Improvement: regarding repositioning the Building Envelope to the west of CR 2 - will the other Cole Ranch lot owners have the opportunity to do the same, and what is then the cumulative impact on Scenic Quality? included in one oft the site plans are RV Hookups - in addition to the private residence, will there be a number of RVs located on the property? We don't know what the regulations are related to these two concerns, and they may have already been addressed, or will be in your discussions. Our main concern with the improvements is the impact on Scenic Quality. It appears that great care has been taken to address this considering the view from the road (using existing foliage, the planting ofadditional screening trees, the use of rustic/vintage materials, and the design of the home to reflect the heritage of mining). However, the Proposed Outbuilding Envelope, and proposed Open Shed Structure are of concern. The Application includes County Scenic Quality regulations minimize the visual impacts and that it does not detract from the scenic quality of adjacent public lands, existing trails or historic resources, The: applicant responses (#7 & #8 page 36): It does not appear that any distant public lands, trails or historic resources will have compromisedscenic quality due to any ofthe three proposed. structures 0n this lot. The open shed. structure is meant to have very little impact on the surrounding landscape, being open on three sides and supported by spot footings. We understand why one would want to build a picnic pavilion close to the river for the incredible view, but this structure does detract from the area's Scenic Quality. The structure is close to the Animas River, where the uninterrupted natural views up and down that river corridor are spectacular. Any structure built in this area would compromise Scenic Quality from adjacent public and private lands. The Silverton Area Trails Plan projects that the. Arrastra-Eureka Loop will include use of CR 22 and CR 22A. Scenic Quality along this trail would be impacted by this structure. HINT2 PGlopz While the proposed pavilion is open on 3 sides, it is large. Itis 18' 6" tall (22' tall at the chimney). Itis 33' long and 14' wide. Even if the structure was modified/reduced, any structure built in this river-view corridor will detract from the area's Scenic Quality. It appears that Cole Ranch Lots 1-4 have about 250 yards of total river frontage. Please consider the precedent that would be set by allowing a new Building Envelope and structure on the west end ofthe property. There are 3 additional lots to the north of this property. Will each of them then have the same opportunity to build a similar structure? Using the Application's photo of the View North from the proposed structure, imagine the Scenic Quality impact of not just one, but 4 structures. - VIEW NORTH Again, thank you for the opportunity to provide comment. We are not opposed to this overall project, but would like you to consider removing the Proposed Outbuilding Envelope by the river for the Open Shed Structure from the plans. We want to be good "neighbors," and hope the applicant and their family enjoy their new home. Sincerely, Pauline Hintz & Elaine Hintz HINT2 PG2of2 Michael A. Goldinan LindseyK S. Nicholson Josh W. Mack Denny R Ehlers, Of Counsel GOLDMAN NICHOLSON MACK 679E.2nd Avenue, Sultec ATTORNEYS ATLAW Ouranga, C081301 970.259.8747 May 22, 2020 www.gnm-sw.com Via email only to: mackeaobansiomaet and Bdaresiveroncousce Board of County Commissioners, San Juan County, Colorado clo Lisa Adair San Juan County, Colorado Planning Director Re: Application for Improvement Permit before BOCC submitted by Riley Dear Board of County Commissioners and Ms. Adair: This firm represents San Juan Mountain Properties, LLC and Sandra Ippolite as it concerns an application of George and Anna Louise Riley with regard to development of Lot 4 in the Cole Ranch Subdivision ("Subdivision'"), and more specifically their request for approval to shift the building envelope from the east side of County Road 2 as designated on the Subdivision Plat and specified in the Covenants, Conditions and Restrictions adopted and filed of record on August 8, 2001 ("CC&Rs"). My client owns Lot 6 in the subdivision and was one of the original directors and developers of the Subdivision. 1 My client is directly opposed to the Riley's request to any change in the Platted Building Envelope as originally designated or any acknowledgement of the putative "amended" CC&Rs which lacked the votes necessary for adoption, however, filed with the Clerk & Recorder in San Juan County. As these are my client's predominate issues for purposes of the Board of County Commissioners ("BOCC") hearing scheduled for May 27, 2020, my client does not waive any other position or control she or San Juan Mountain Properties, LLC may have as it concerns votes or control in the Subdivision, For purposes of the BOCC's Hearing, the following documents are determinative: a) the Cole Ranch Subdivision Plat, b) the Plat notes, c) original CC&Rs, d) deed from my client to the Riley's, and e) the Riley application to the San Juan County Board of County Commissioners with regard to his building plans which includes a request to move the building envelope as described and limited per the notes on the Plat. I provide the relevant timeline with salient provisions highlighted in bold for ease of reference. Ultimately, we submit to the BOCC that no circumstance has changed to require change of the building envelope requirement in the Plat Note nor may it interfere with the CC&Rs specifying development within the platted building envelope nor the Deed from my client to the Riley's which specifically subjected conveyance to be controlled by the CC&Rs. 'My client did not receive formal notice of this Application in violation of the application process as provided by San Juan County's Code, however, was informed of Applicant's request via communications with another adjacent landowner only a couple of weeks ago. May 22, 2020 Page 2 of 4 TIMELINE 1) Cole Ranch Subdivision, 6 Lots, Plat Approved by San Juan County Commissioners on August 8, 2001 with identified building envelopes and the following Plat Note: There will be no structures other than small storage sheds on that portion of Lots 1, 2, 3 and 4 lying west of County Road 2, without the express permission of the Board of County Commissioners." 2) Declaration of Covenants, Conditions and Restrictions for Cole Ranch Subdivision filed in the records of the San Juan County Clerk & Recorder, #141295 contemporaneous with the Plat on August 8, 2001. It provided: The Board of Directors shall consist of Merlin Shaefer and Sandra ppolite, each having one-half authority to exercise terms and conditions of this agreement. ' It further provided that the Board must consist of at least two people. Also, per the terms of the CC&R, section 4.04, the period of Declarant control terminated. It provided for an Association and pursuant to section 5.01, "Every Owner, including Declarant, shall be a member of the Association. 1 Moreover, "[ejach Owner shall be entitled to one membership in the Association with the exception of Lot 6 which will have two memberships. 19 Section 5.02 reiterates this value by stating the Owner of Lot 6 shall have two votes while Owners of other Lots will have one vote. With regard to building envelopes, Section 9.01 (5) states that: "All Approved Structures on the Units within the Subdivision shall be located within the boundaries of the respective building envelope designated for each Unit as set forth and descried [sic] on the recorded Plat.' " There were two ways in which the CC&Rs could be amended: 1)6 by the affirmative vote of Unit Owners holding at least seventy-five percent (75%) of the total voting power in the Association, or 2) by recording a Certificate of Amendment, duly signed by all members of the Board of Directors. 3) On August 21, 2007, Merlin Schaefer QC Lot 6 to Sandra ppolite and recorded on 9/10/07 at Recpt. #145993. 4) On September 26, 2007 Sandra Ippolite QC Lot 6 to San Juan Mountain Properties, LLC, and recorded on 10/3/07 at Recpt. #146034. 5) On March 27, 2018, Sandra Ippolite acquired Lot 4, the Cole Ranch Subdivision at Recpt. #151676. 6) On May 6, 2019, Sandra Ippolite deeded Lot 4, Cole Ranch Subdivision to George Walter Riley II and Anna Louise Riley Revocable Trust, a New Mexico Trust, filed in the Office of the San Juan County Clerk & Recorder, 6/3/19 at Recpt. #152301. The Deed made clear that it was "except and subject to: . covenants of record." 7) Thereafter, on June 27, 2019, the New Mexico Trust conveyed the property to the George W. Riley, II & Anna Louise Riley Revocable Trust and recorded same on 7/1/2019 at Recpt. #152339. That Deed also was delivered subject to statutory exceptions as defined in CRS 38-30-113(5) which include "all matters recorded in the real estate records of the county clerk and recorder. ", that is, the Plat and the CC&Rs. 8) The Riley's unsuccessfully attempted to amend the Declaration of Covenants and Restrictions" dated January 1, 2020, purportedly signed by Owners of Lots 1, 2, 3, 4, and 5, but not the Owner of Lot 6. Pursuant to the relevant CC&Rs lawfully adopted in 2001, the Owner of Lot 6 has two (2) votes while each of the other Lots have one May 22, 2020 Page 3 of 4 (1) vote. Signatures on the putative Amended Document amount to only 71% of the total voting power in the Subdivision and does not comport to the required 75% for any amendment. The document filed with the Clerk & Recorder of San Juan County on February 18, 2020 at Recpt. #152733 is void and of no force or effect.2 9) On April 3, 2020, the Rileys through its agent filed an "Application for Improvement Permit" with San Juan County, Colorado, The Application is scheduled to be heard by the BOCC on May 27, 2020. The Application proposes development of Lot 4 to construct a single-family residence, detached garage and open shed structure with associate access and utility improvements". As part of the Application, the BOCC is asked to approve "a new building envelope.. .to avoid building in the previously approved building envelope on the east side of County road 2 due to its steep grade, dense trees and proximity to the County Road. Building the proposed residence in the new envelope will have far less visual impact and disturbance to the natural landscape and vegetation. DISCUSSION AND POSITION Significantly, itis clear that the Platted Subdivision specifies designated building envelopes for the 61 Lots and also designates open space. Additionally, the Plat contains a unique Note: "There will be no structures other than small storage sheds on that portion of Lots 1,2,3 and 4 lying west of County Road 2, without the express permission of the Board of County Commissioners." Despite having acquired the Lot subject to the CC&Rs In place and adopted in 2001 requiring, amongst other things, that "[all Approved Structures on the Units within the Subdivision shall be located within the boundaries of the respective building envelope designated for each Unit as set forth and descried [sic] on the recorded Plat" request that the BOCC vary from the Note without any basis. The intent of the Plat Note and the applicable limitations restricting structures to the designated and platted building envelopes include, however, were not limited to, sufficient flat acreage for building sites on the east side of County Road 2, higher elevation away from the River's floodway/plain, clearance from the old railroad grade, safety from avalanche, minimize disturbance to wildlife, view corridor, with consideration for each Lot's value. The Applicants offer no rationale for change to this Note other than it would be more convenient to develop west of County Road 2 and the views would be better for them without any consideration for the adjacent lands and respective negative effects which would fiow from such reverse of course. The Application offers no change of objective circumstance from 2001 that suggest the Plat Note is no longer relevant, tenable or useful to the County at large or those that would be immediately affected by the granting of Applicant's request. Overall, and of great consequence, the Applicants' deed restriction and original CC&R's prohibit approved structures upon any area of the Lot other than within the boundaries of 2 Strangely, and in apparent violation (amongst others) of law, Section 7.02 of the void document provides that an owner dissatisfied with a decision of the San Juan County Board of County Commissioners (BOCC) can appeal to the Association and that the Association can overrule the BOCC. This is not the law in the State of Colorado, However, it still maintains at Section 9.01(5) that all approved structures on the Units in the Subdivision shall be located within the boundaries of the respective building envelopes. May 22, 2020 Page 4 of 4 the building envelope "as set forth and described on the recorded Plat." The County should do nothing to disturb the existing covenants, conditions and restrictions agreed upon by the Subdivision Owners either upon initial development or upon taking title to their respective properties. As such, the Application for Improvement Permit should be denied. Thank you very much for consideration of my client's position and objection to the Riley Application For Improvement Permit. Should you need anything else or have any questions/concers, please do not hesitate to contact me. Otherwise, - plan on attending the BOCC hearing this coming Wednesday and will be available to address any questions or concerns of the Commissioners then. Sincerely, GOLDMAN, NICHOLSON & MACK, P.C. /s/A Michael A. Goldman Michael A. Goldman Direct e-mail: godman@gnnuiaw.con CC: Client Dennis Golbricht, San Juan County Attorney M-cwowmReNoNewX Date: Sun, 24 May 2020 13:52:03 -0700 [05/24/2020 02:52:03 PMI MDTI From: cheryl@canyonview: motel.come To: mache@gobranstomnet maecke-@gobranstomneré Subject: RE: copied and pasted... .i hope Show this HTML in a new wi indow ? TO: Lisa Adair FROM: Joseph Jepson & Cheryl Meadows REGARDING: Objections to George Riley's Improvement Permit, Current Violations and Future Concerns 1. Inaccurate statements on the application Minnie Gulch Rd. rightaway eliminates any slope issues 2. House Size 4,000 Sq. Ft. Betraying Silverton San Juan County voters We are not Teluride 3. New avalanche review 2018, 2019 avalanche season changed everything 4. Screening is impossible anywhere on Lot 4 for a structure 4,000 sq. ft plus, and 30' high = Let alone 4 or 5 houses with no size restrictiions. 5. All utilities are underground, across the road with stantions. New utility stantions on the west side of the road are redundant and ugly. 6. The original sub-division density is what we agreed to, and to change this should need new planning commission review and not just be a commissioner decision. 7. No changes should be made in any sub-divisions without due notice to all adjacent land owners. 8. Proposed shed is too close to the river and RR grade and can't be construction without destruction to the SNRR grade which is protected by the San Juan Historiacal Society. 9. The minimal acreage of the Cole Ranch Lots was only approved with the building envelope that was presented to the Planning Commission, County Commissiioners and the public. This density of 4,000 sq. ft. houses is not acceptable. 10. The acreage of these lots are between 4 & 6 acres and are just not suitable for house of this square footage. CURRENT QUESTIONABLE ACTIONS INCLUDE: 1. Signage on gate and building envelope east of CR 2 2. The river blockage where CR 22A crosses the river to join CR 2. No machinery in the river without permits. 3. Berm on the old SNRR grade along with No Trespassing signs 4. An improvement permit was applied for and i think granted 1 year before Mr. Riley acquired the property 5. I was told by County official, a If it's not written, it doesn't exist." 6. All of Mark Revis' verbal ok's should be void 7. Stone berms constructed by Riley should be subject to an earth moving permit. According to Paul Sunderland, any disturbance of the surace of the earth, requires an additional earth moving permit. 8. Mr. Riley has shown over the last 3 years that the rules Don't Apply. 9. All of what i perceive as violations have been reported to the proper personnel with seemingly no results. FUTURE CONCERNS: 1. If new HOA/CCR are accepted, any majority vote could allow anything without county permission or approval. New HOA/CCR determines everything, not the county. 2. If the new HOA/CCR is accepted, the books should be available for public inspection. May 23, 2020 Addendum to the George and Anna Riley Residence located at Cole Ranch Subdivision - - Lot 4 5/5/2020 Lisa Adair and County Commissioners, we need to submit some deletions and supplemental information to our proposed application. We have sincerely considered and are wanting to delete from our original submittal of our Application for improvement Permit the Picnic Shed Structure and the RV hook up. This is due to some initial feedback that was coming in from Neighbors as such and again we are wanting to be compatible as reasonable possible with our visions and future dreams and yet respect any reasonable concerns being presented. Also attached are some updated FEMA flood plain map overlays and updated site shots of the new deletions. Sincerely, George and Anna Riley 000FSOOOSOELZY 88418 00 uopeAlIs # 1O8Vd ZF poos Ajunoo 4494 S.8OSS3SSV 1061 ONEGISEd A3718 VNNV GNV 398039 # 1o3road 4 101-NOISIAIGENS HONVE 3103 e CEBs 3 I 6 2 Qvou / AINNOO EI8S 086 dgs & H: e CDAN 1086 * a / 3 BNOI % 86L6 * w A d, & w 2626 GRi6 dy % SRIG % - 5 > > 3 à % - d - 6 / 146 KG KG C8La / 1 BSAR 8946 - Bp - / - COOPSOOOEOEZZY EEV18 00 uopeAs # 13D8vd ZR ppos Ajunoo 4994 S.8OSS3SSV 1061 ONEGISEd A37I8 VNNV GNV 194039 #. 1D3rOad 4 101- NOISIAIGENS HONVA: 3100 C 4 - n CaYo AG 2 EAE 000HSCCOSOCLZY EEV18 00 vopeAlIs Toava apoog Apunoo 7994 S8OSS3SSV - 1061 JONEGIS3N A3TI8 VNNV ONV 198039 Darosa 101 NOISIAIGENS HONVA 2100 - 0 2 0 3 D 0 8 E < a & 000rSOOOEOELZY EEV18 00 uopeAlIs # 13D8Vd ZR poos Ayunoo 4494 S8OSS3SSV L06L ONIGIS3N A3718 VNNV GNV 398039 # oaroad y 101 NOISIAIGENS HONVS 3100 a 6 A Cavos 005 2 EAT SELR 6/8/2020 San Juan County Mail SJCPH Issues a Health Advisory for Face Coverings in SAN JUAN COUNTY, CO Gmail Willy Tookey <admin@sanjuancolorado.us> SJCPH Issues a Health Advisory for Face Coverings in SAN JUAN COUNTY, CO 2 messages SJC CO Office of Emergency Managment po@sanuancooraco.us" Mon, Jun 8, 2020 at 12:42 PM Reply-To: po@sanpancolorado.us To: adminstrator@san)uancolorado.us JUAN COUN nke LELe7 For Immediate Release PUBLIC HEALTH ADVISORY 2020-02 San Juan County Public Health reaffirms that there is a Local State of Emergency and a Local Public Health Disaster in San Juan County caused by the COVID-19 Pandemic. This Advisory is in effect as of June 8, 2020. SJCPH strongly advises the public to wear a non-medical face covering. This advice is crucial to reducing the spread of COVID-19. Research shows that people who have no symptoms can spread COVID-19. This means that the virus can spread between people interacting in close proximity. For example, speaking, coughing, or sneezing are modes of spread, even if those people are not exhibiting symptoms. In light of this new evidence, the Colorado Department of Public Health (CDPHE), the Center for Disease Control (CDC) and the World Health Organization (WHO) recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores, enclosed building units) especially in areas of significant community-Dased transmission. Everyone should wear a face covering when out in public. Employees should wear a face covering when working. If possible, face coverings should be provided to employees and customers. Face coverings protect the individual and the community. htps/mail.google.co on mimallu07ik-fa5eaeb2esview-plisearch-allépemhd-thread-PA3A168957381552483811simpl-msgp"A3A16689573815. 1/4 6/8/2020 San Juan County Mail - SJCPH Issues a Health Advisory for Face Coverings in SAN JUAN COUNTY, CO Face coverings are one set of tools that must be used in conjunction with social distancing, testing, monitoring symptoms and increased hand washing to reduce the spread of COVID-19. Homemade and disposable face coverings do not meet the standard for Personal Protective Equipment (PPE) and should not be used for tasks that require PPE such as biohazard clean up or handling concentrated chemicals or in a healthcare setting. Face coverings protect the individual and the community. Those with a health condition that prevents them from wearing a face covering are exempt from this advisory. Children under 3 years of age are exempted from this advisory. The Public Health Advisory is in effect for the duration of the State of Colorado Public Health Order 20-28 June 2, 2020. FACE COVERINGS SHOULD: Be clean and in good repair Fit snugly, but comfortably against the side of the face Be secure Include multiple layers of fabric Allow for breathing without restriction Be able to be laundered and machine dried Be on the wearer's face Bel laundered on a daily basis FACE COVERINGS SHOULD NOT: Have anything hanging off the face covering that would create a food safety hazard. Have holes or tears. Face coverings should not be shared with others. WEARING FACE COVERINGS: Wash your hands before and after putting a face covering in place. Dor not touch the face covering again until you remove it. Face coverings should be positioned SO that there is no need to adjust or otherwise touch the face frequently. Ify your face covering becomes soiled or hard to breathe through, you should remove and not wear again until laundered. Remove your face covering to eat and drink and if it is still in good repair, you may continue to use it for the duration of your shift. EXECUTIVE ORDER AND PUBLIC HEALTH ORDER: The Governor's Executive Order D 2020 091 Safer at Home and in the Vast, Great Outdoors htps/Imai.google.commalluo7a-laseaeb2leiviewepliseareh-allpermhcd-hvead-3A188957381552.48358183581asimpl-msg-a3A166895738155. 2/4 RESOLUTION 2020-06 A RESOLUTION OF THE SAN JUAN COUNTY BOARD OF COUNTY COMMISSIONERS IMPLEMENTING AN IMMEDIATE FIRE BAN WHEREAS, the Board ofCounty Commissioners of San Juan County is empowered under C.R.S. 30-11-107 (1) (e), to provide for the management oft the business and concerns of the County; and WHEREAS, pursuant to C.R.S. 30-15-401 (n.5), the Board of County Commissioners of San Juan County has the power to adopt an ordinance to ban open fires to a degree and in ar manner that is deemed necessary to reduce the danger of wildfires; and WHEREAS, the Board ofCounty Commissioners of San Juan county has received competent evidence that there exists within the unincorporated areas of San Juan County a high danger of forest of grass fires; and WHEREAS, the Board ofCounty Commissioners of San Juan County have received a request from the San Juan County Sheriff acting as the Fire Marshall to impose a county- wide fire ban; and WHEREAS, the enactment of this Resolution is necessary for the immediate preservation oft the public health, safety and welfare. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY, COLORADO; 1. That a fire ban is necessary to reduce the danger of wildfires within all private land in the unincorporated areas of San Juan County. 2. That a fire ban prohibiting open burning within all private land in the unincorporated areas of San Juan County and within all land owned by San Juan County is hereby enacted. 3. That the fire ban is hereby proclaimed to be implemented on June 10, 2020 Stage I Fire Restrictions to prohibit the follow acts: I. Building, maintaining, attending or using a campfire or other type of fire is limited to permanent fire rings or grates within a developed campground or a commercially constructed grill. II. Smoking is allowed only inside a vehicle, a building or a 3" wide area cleared of all vegetation. III. Chainsaws and other internal-combustion engines must have approved, work spark arresters. IV. Welding or use of acetylene and other torches with an open flame is prohibited. V. Use of explosives is prohibited including fireworks, blasting caps or any incendiary device, which may result in the ignition of flammable material. Commercial, professional and municipal tireworks displays are allowed if specific written approval has been granted by the San Juan County Sheriff. 4. That the fire ban shall remain in effect until the following occurs: The Sheriff, acting as Fire Marshall, or the Fire Chiefs oft the affected districts shall request in writing that the fire ban be removed from all or part oftheir various jurisdictions. READ, PASSED AND ADOPTED this 10th day of June, 2020 by the Board of Commissioners of San Juan County, Colorado. Attest: Peter C. McKay, Chair Scott Fetchenhier Ladonna L. Jaramillo Clerk and Recorder Ernest F. Kuhlamn MEMORANDUM June 9, 2020 TO: Economic Recovery Team FR: William A. Tookey RE: Economic Recovery Plan The County has currently adopted the Governor's Safer At Home health order. The addition of a health advisory for any new or returning resident or business operator to self-quarantine for 14 days will expire. The Safer At Home Executive Order has been amended to June 1, 2020. Using the previous outline that I sent the committee I have provided an update based on the Safer At Home Health Order and other information. IfI have missed something or if my information is incorrect, please let me know. The current status for business operations under based on the Safer AT Home health order is as follows: I. Construction The issuance of new permits is allowed. Both local and out of town contractors can work on construction site. Contractors must follow guidelines implemented by state order. Building Inspector/Code Enforcement Officer Bill MacDougall will monitor work sites to make sure best practices are being implemented. II. Tourist Economy A. Railroad = The Railroad has delayed beginning services until early to mid- June. June trains will not run to Silverton. The Railroad needs to run at 75% capacity to break even. There is some discussion of running excursion trains originating in Silverton. La Plata County has submitted a variance request to CDPHE to allow the train to resume operations. San Juan County provided a letter of support. A variance request may have to come from San Juan County as well. B. Restaurants/Food service The Governor has provided guidance to allow restaurants to provide on premise dining in addition to take out and curbside service. The Town has installed picnic tables in the business district to provide outdoor seating for restaurant customers. C. Lodging 1. Hotel/Motels - Hotels and Motels are currently allowed to operate to provide lodging for travelers doing essential business. 2. RV Parks and Campgrounds - Effective May 25th private campsites are open. 3. Vacation Rentals Vacation rentals are now allowed to operate. D. Gift Shops - Retail businesses are allowed to operate provided they meet the Governor's Safer At Home guidelines. III. Back Country A. Jeep/ATV Tours B. Motorized use of the backcountry C. Non-Motorized use ofthe backcountry 1. Hiking 2. Biking 3. Fishing 4. Camping 5. Hunting Non-guided outdoor recreation of any kind can occur in groups up to 10, and must follow local policies. Non-guided equipment rentals should follow retail guidelines. Guided services for fishing, hiking, biking, horseback riding, canoeing, kayaking, stand up paddle boarding, ATV tours, and climbing can occur in groups up to 10, and must follow local policies. River outfitters, rafting, or Jeep Tours can occur if parties in boats and Jeeps are limited to groups ofhousehold members only, and must follow local policies. San Juan County has authorized the opening ofthe backcountry roads and South Mineral. Currently the road to Animas Forks, Cunningham Gulch to the Mill, Cinnamon Pass and Engineer Pass to Lake City and Corkscrew Pass to Ouray are opened. The Road and Bridge Department will continue to work on the passes. San Juan County has enacted a Stage 1 fire ban. The Forest Service currently have implemented the following fire restrictions: 1. Igniting, building, maintaining, attending or using a fire, including charcoal grills and barbecues, coal and wood burning stoves, and sheepherder's stoves. 36 CFR $261.52(a). 2. Smoking, except within an enclosed vehicle, trailer, or building. 36 CFR $ 261.52(c). The San Juan National Forest has opened their developed campgrounds in San Juan County. Colorado Parks and Wildlife have reopened State Park Campgrounds by reservation only. BLM and Forest Service have installed Covid-19 signs. Molas Lake and Eureka Campgrounds are open. The Governor amended his Executive Order to state: Travel to within their local community or as necessary to access outdoor recreation areas. Iftravelling outside their community, Coloradans are urged to honor all restrictions in place at their destination and avoid travel to counties or municipalities that issue travel restrictions. IV: Special Events A. Outdoor Activities - Races etc. Hardrock 100 cancelled B. Indoor Activities - Concerts etc. Brass Band Festival cancelled C. Public Facilities The Governor's Order limits the maximum number for gatherings at 10. V. Winter Activity A. Ski Areas B. Motorized winter activities C. Non-Motorized winter activities Ski resorts can now work with local authorities to develop a plan on how to open as safely as possible, and secure local approval. VI. Marketing VII. Other Businesses VIII. Long Term Economic Recovery A. Workforce Mobility B. Remote Workforce Months of Average/Month Operation Funds 6/1/2020 Operating Costs General Fund 709,473 141,287 5.0 Road and Bridge 302,301 50,267 6.0 Social Services 71,306 2,667 26.7 Emergency Services 843,520 69,963 12.1 Total 1,926,600 Reserved Funds Committed Uncommitted Notes Conservation Trust 9,167 9,167 Parks and Recreation Affordable Housing 166,517 116,500 50,017 Unused funds can be transferred to GF for reimbursement Lodging Tax 175,861 40,243 135,618 Restricted To Tourist Promotion Ambulance 52,188 52,154 Grant Match for New Ambulance Courthouse 65,049 65,049 Match for DOLA, SHF and Unerfunded CH Grants Fire Truck 145,326 145,229 Grant Match for New Fire Truck Sheriff 43,071 35,000 8,071 New Vehicle Ordered 2019 Land Use Escrow 50,312 50,270 Subtotal 707,492 454,175 253,143 Gravel 144,470 144,470 County Barn 35,319 21,000 14,319 Annual Payment Road Equipment 13,253 129,000 (115,747) Annual Payment Asphalt 60,418 5,000 55,418 Subtotal 253,460 155,000 98,460 Contingency Fund 54,555 54,555 No Restrictions Amendment 1 Emergency Fund 30,000 30,000 Emergency Funds Restricted By TABOR Forest Rerserve 125,648 125,648 Secure Rural Schools Title III Grand' Total 3,097,755 609,175 561,806 Z5 Zy A - A S R 12 HISTORYCC.L..l. June 5, 2020 San Juan County Board of County Commissioners PO Box 466 Silverton, CO 81433 Re: National Register of Historic Places nomination of Frisco-Bagley Mill and Tunnel (5SA.165), 820 County Road 9, San Juan County Dear Commissioners: It is my pleasure to announce the listing of the Frisco-Bagley Mill and Tunnel in the National Register of Historic Places and the Colorado State Register of Historic Properties. The official designation took place on June 1, 2020, in recognition of this property's contribution to the heritage of the State of Colorado. A copy ofthe official notification of designation is enclosed. On behalf of Governor Polis, the Colorado Historic Preservation Review Board, and History Colorado, I extend to you our congratulations and our sincere appreciation for your continuing interest in historic preservation. If you have questions about listing or other aspects of the National Register program, please contact National & State Register Historian Amy Unger at 720-822-6755 or my.ungersurcco.us for further information. Sincerely, SkHor pllvy Holly K. Norton, Ph.D. Deputy State Historic Preservation Officer Enclosures: Designation WWW.HISTORYCOLORADO.ORC HISTORY COLORADO CENTER 1200 BROADWAY DENVER CO 80203 June 4, 2020 To Whom It May Concern: 9318 Development Ventures, LLC (Brian and Beth Anderson) are entering into a rent-to-own lease agreement with Angel and Brodie Cotton for the property located at 715 Martha Rose Boulevard, Silverton, CO 81433. The Cotton family have been Silverton residents for the past year and have struggled to find a reliable long term for their young family of four. Angel works locally for Handlebars Restaurant and tele-commutes through U.S. Health Advisors. Brodie is currently searching for local employment. The Cottons are working with local Mortgage Broker Cassandra Roof with Quartz Mortgage and have developed a success plan to obtain financing and ultimately purchase the home at 715 Martha Rose Boulevard within 6-12 months. They have agreed to meet with Cassandra regularly to maintain progress on their goal of qualifying for a mortgage to purchase the home. Brian and Beth have agreed to credit the Cottons $200/month per month oft their rental agreement at closing to be used toward their down payment or closing costs. Please let me know if any further information is needed at this time. Thank you, Beth Anderson 9318 Development Ventures Siveton SANJUAN COUNTY PO: Box 250 PO Box 466 Silverton, CO 81433 Silverton, CO 81433 970-387-5522 970-387-5766 Date: June 2, 2020. For: June 8 Town Board Meeting & June 10 County Commissioners Meeting. From: Town/County Planning Director. Regarding: Two Week Update on Town & County Planning Projects. (1) The (Town/County) Planning Commission & Town Historic Review Committee met on May 19, and reviewed five Planning Department agenda items: Decorative skis placed on the Avalanche Brewery historic building façade, within the Town Historic Overlay District, which can remain in place for three years. Proposed windows, french doors, and a conceptual over-sidewalk balcony, was approved for the Lashley Residence historic boarding house facade, 1350 Blair, within the Town Historic Overlay District. Proposed revisions to the Town Accessory Dwelling Unit (ADU) regulations. This is a proposed Town Ordinance, soon to be presented to the public and Town Board. The Planning Commission discussed and directed Staffto continue to notify adjaçent land owners of projects within the Town Historic Overlay District. Also added was a recommendation of adjacent land owner notifications for all Town Use Subject to Review Applications. This will be described in two proposed Town Ordinances, which will eventually be presented to the public and the Town Board. The Planning Commission recommended approval of a proposed water treatment (chlorination) building at Cascade Village, on Highway 550 in San Juan County. (2) Town projects during the past two weeks: Two adjacent sites at 17h 7 Mineral, proposed infrastructure, and two unrelated proposed single-family homes. 12" Street proposed mixed-use building, in the Town's Avalanche Hazard Overlay District blue zone, requiring a Town Use Subject to Review Application (Town Board review). A proposed driveway curb-cut in the public right-of-way near 9" & Greene, required to meet ADA regulations. The Town Staff Code Committee meets each Thursday, comprised of Administrator, Building Inspector, and Planning Director. The Committee is currently working on revisions to the Town Vacation Rental regulations. This will be described in a proposed Town Ordinance, to be presented to the Planning Commission, public. and Town Board. The Town Personnel & Ordinance Committee recently joined in on our weekly meeting. A proposed sign for Silverton Greenworks on Greene Street was reviewed by Building/Planning Departments. An application was received for proposed building façade changes to the Outdoor World structure, within the Town's Historic Overlay District. 38 adjacent land owners were notified by mail today, and the Town Historic Review Committee will consider this project on June 16. A Greene Street business owner, Administrator, Planning & Building Departments, reviewed Town sign codes related to some advertising flags, which unfortunately did not comply with the adopted Municipal Code. A Variance Request was discussed, and alternate forms of signage were recommended to the business owner. Property within Block 16 (near the Kendall Mountain Bridge) was reviewed for a property owner, and was found to be located within the red zone and blue zone of the Town's Avalanche Hazard Overlay District. Itis believed that the line between the red and blue zones may be inaccurate within Block 16. This matters to the Block 16 property owners, because proposed structures in the red zone are almost entirely forbidden. Page 1 of3 Infrastructure requirements and potential wetlands on vaçant lots above the CDOT barn were discussed with a local citizen. The Army Corps of Engineers wetlands investigation form was emailed to two lot buyers, for two unrelated properties in Town. Available vacant Town lots are increasingly located in wetlands/hazard zones. (3) County projects during the past two weeks: Lot 4 Cole Ranch will be reviewed by the County Commissioners in June, to consider Proposed Amendments to a existing Subdivision Plat, and a subsequent Improvement Permit Application, for a proposed single-family residence, RV hookups, garage, open sided picnic shelter, with associated utilities, and floodplain issues have been encountered. Lot 1 Cole Ranch will be reviewed by the County Commissioners, to consider Proposed Amendments to a Subdivision Plat, and a subsequent Improvement Permit Application for a proposed single-family residence, with associated utilities, and floodplain issues have been encountered. A proposed mixed-use building is being designed in the Powerhouse Subdivision, and floodplain issues have been encountered. The existing water and sewer systems at the Powerhouse Subdivision, potential utility records and metering, were discussed with the Historic Society, as well as proposed efficiency apartments, and potentially tying the new Mayflower water treatment plant and associated Powerhouse water system into the Town water system. The water-sewer operator at Cascade Village is preparing a site plan to complete his Improvement Permit Application for the proposed well water treatment plant building at Cascade Village. The County Commissioners are allowing the Planning & Building Departments to administratively review a Land Use Permit Application, for a proposed repair of a collapsed foundation drain, and installation of proposed storm drain system, storm inlet, and boulder retaining walls, crossing existing utilities, at the Cascade Village existing Needles condo building, which is currently flooding the building. The Improvement Permit on-site green card was issued to the Hidden Treasure Bed & Breakfast Structure general contractor, following receipt of the signed, notarized, and filed Conditions of Approval. Final site investigation and design work for the proposed lodging establishment is occurring at the site, near Gladstone. The permitting for a proposed "mining equipment dredge shack" shed on skids was discussed with an Applicant, who holds legal Mineral Rights on an unpatented Forest Service claim on South Mineral Creek. Correspondence was received from County landowners, who are interested in eliminating Lime Creek Road from the County's Economic Development Corridor, which is described in the current Master Plan. Floodplain issues for vacant land in both the Town and County are now occurring with frequency. The available floodplain and FEMA maps for the Town and County generally do not provide the basic information necessary for determining the site-specific floodplain limits, floodplain elevations, proper site design, and any required floodplain mitigation. have begun recommending an expert site-specific study, from water/flood engineering consultants, for any site with likely floodplain issues. This is similar to how the County currently handles proposed development in avalanche areas. The Building Inspector and I have been checking in on property owners who are in the midst of] Improvement Permit construction, to make sure they are going to continue to progress on installation of their septic systems. Information regarding the County revicw and appcals proccss was discussed with the Applicant of a recently denied, proposed "Tiny Home" project, on Lime Creek Road. I received calls from the Applicant and Forest Service personnel, regarding an alternate Tiny Home project site, which would require a County/USFS "concurrent review" of a proposed Forest Service access road, and a concurrent County Proposed Subdivision. It met with the County Road & Bridge Dept. regarding several topics, including driveway permits for Cole Ranch, and we discussed equipment being hauled into the backcountry for an unknown/ampermited project. Inquiries were received last week about the following Lode mining claims: the Iron Silver, the Tarpon, and the General Sherman/Dick Bland/Manhattan Revised Lodes. An inquiry was received, if claims at the top of Prospect Gulch are within the County's Economic Development Corridor. Assistance was given to the environmental consultant preparing the NEPA evaluation for the San Miguel Power Association (SMPA) proposed transmission line replacement project, on Red Mountain Pass. Assistance regarding floodplain/atilities was provided to the owner of a Highway 550 site, bisected by the Town Boundary, with the land part in Town and part in the County, within the Mutual Overlay District. Email correspondence occurred with a County landowner proposing maintenance on an existing bridge. The status of eight proposed septic systems in the County were reviewed and discussed, with the various applicants, engineers, contractors, and/or the Building Inspector. Page 2 of3 The State Historical Preservation Office (SHPO) documentation report, required for the proposed removal of the Historic Valve Houses at the Cascade Creek wooden flume, was received in the mail yesterday, from Applicant Xcel Energy, in relation to the recently approved County Land Use Permit, for the proposed Tacoma Hydroelectric Plant waterline replacement project, under Cascade Village and Twilight Meadows. Construction ofthe 60-inch diameter pipeline replacement project is delayed until next summer. Correspondence was received from the BLM regarding a denial ofa RS 2477 request for access to a mining claim in the deep canyon area of Minnehaha Creek. The BLM correspondence indicated that only governmental agencies can file for RS 2477 and not individual mining claim land owners. A yearly renewal application was received yesterday from the owner of an existing County Marijuana Facility, along with a request for consideration of a waiver of the renewal fee, due to recent economic hardship. (4) Town/County Planning Department, Other: I believe that Covid-19 appears to be causing hardly any effect on the volume of projects passing through the Town/County Planning Department. The current volume of Town/County planning projects may indicate high consumer confidence, as it relates to projects funded mostly by individuals' disposable income. A high volume of Planning & Building Department projects/applications is encouraging. It could indicate that a reasonable amount of upcoming construction may provide local jobs, which will hopefully boost our upcoming economic recovery. The to-do list of Planning Department tasks is long, and I am grateful for the work. It includes processing Town/County applications, but it also involves upcoming revisions to our community's regulations, some of which are outdated. I am limited to 40 hours a week, due to Town and County budgets which are affected by economic hardship. The 40 hours is divided between the Town and County Planning projects. The amount of work I would prefer to accomplish (to benefit our local community) would exceed 40 hours a week. Please have patience, as I try to propose regulation changes, through slow-moving Ordinances, for the Town/County Boards and the citizens to consider, which are targeted at steering the future development in our community, in a direction that will aim to protect and benefit the local citizens. Page 3 of3