AIGUBL Cou COLORADO Present: Staff Present:  SAN MIGUEL COUNTY BOARD OF COUNTY  COMMISSIONERS  BOARD OF COUNTY COMMISSIONER MEETING WEDNISDAY,ULYT.  Minutes  Lance Waring, Chair Kris Holstrom, Vice Chair Hilary Cooper, Commissioner Mike Bordonga, County Manager Amy Markwell, County Attorney Nancy Hrupcin, Legal Assistant Carmen Warfield, Chief Deputy Clerk  1. CALLTOORDER. 9:33 a.m. 2. CALENDAR: REVIEW 3. REVIEW OF AGENDA  4. PUBLICI COMMENT FORI ITEMS NOT ON THE. AGENDA.  Rachel Sralla, Colorado Parks and Wildlife - Informed the Commissioners ofal Meeting regarding the WolfRe-introduction Focus Group and Public Comment meeting on. July 21,2021. Rachel will also send the access information for the online public site and a. Ratification of Commissioners' signature on a Letter of Support to the Colorado Preservation in State. Historical Fund grant application on behalfoft the Schmid Family MOTION by Kris Holstrom to approve the consent agenda as presented.  allow the publici to submit comments online.  5. CONSENT AGENDA  Ranch Stabilization Project.  SECONDED by Hilary Cooper. PASSED3-0.  ADMINISTRATIVE MATTERS  Consideration of approving the insurance waiver for the band Arizona Jones (led by Micah Jones and his brother) toj perform at San Miguel Basin Rodeo during the after-  party ont the evening ofJuly 31, 2021. Presented By: Janet Kask, Parks and Open Space  MOTION by Kris Holstrom to approve as presented. SECONDED by Hilary b. Discussion of delegating a County employee (who oversees the liability insurance for the County) to evaluate andi make decisions waiving the requirement of  Cooper. PASSED3-0.  insurance: requirement and indemnification clause. Presented! By: Mikel Bordogna, County Manger  Tol be continued to a: future meeting with language proposed as discussed. Discussion with Colorado State University Extension Services Programing and  Outreach the first halfof2021. Presented By: Yvette Henson, CSU Extension PLANNING MATTERS Judith Kiernan.  7.  a. 10:00 a.m. Public Hearing. Before the Sanl Miguel County Board of Health: On-Site Wastewater Treatment System Regulation Variance for Brendan Kiernan and Presented By: Kaye Simonson, Planning Director; Lisa Garrett, Planning and] Bldg Site Inspector; Greg Anderson, Alpine Land Consulting representative for Applicant; Judi Kiernan, Applicant    SANMIGUELCOUNTY, BOARD OF COMMISSIONERS  WEDNESDAY,ULX7,2021  10:10 a.m. Chair Opened the Public Hearing. 10:51 a.m. Chair Closed the Public Hearing. Public Who Addressed the Board: Stevel Kean, Neighbor to Applicant  MOTION by) Hilary Cooper to approve the Kiernan OWTS Variance: request, based on the finding that the request meets ther requirements of Regulation 43 and that granting a variance for thej proposed OWTS would not bei injurious toj public health, water quality or the environment, andt that it would prevent a substantial hardship incurred through no: fault oft the applicant or property owner. This approval is based 1.) The Variance Approval and Site Plan willl bei recorded with the San Miguel County Clerk and Recorder and attached to the property deed. 2.)Iti is understood that this Variance is granted specific to this property Lot 56, Fall Creek Subdivision, Filing No. 2, Parcel ID 456318203001, for use by a2- 3.). Applicants and future owners must certify that the OWTS will be regularly 4.) When constructed, the STA mustl be protected from vehicular traffic with a barrier. This area shall bej protected and shall not be used for snow storage. 5.) Future owners must be made aware that this Variance, if granted, shall run with the land and shall be effective: for asl long as the relevant standards in Regulation 43, from which reliefi is being granted, as well as surrounding site Ifchanges occur in either condition before the OWTS is constructed, the Variance will be rescinded and ai new Variance: request may be considered by the San) Miguel County Planning Department and Board of] Health. SECONDED by Kris Holstrom. PASSED3-0. (ATTACHMENTI- Resolution 2021-19) b. 10:15 a.m. LAND USE CODE AMENDMENT Consideration ofa an amendment to the San) Miguel County Land Use Code Article 2 and Sections 5-7 and 5-21 and applicable Zone Districts regarding Dark Skies and Exterior Lighting. Presented. By: John Huebner, Senior Planner; Bob Grossman, County resident and part  ont thei following conditions, as well:  bedroom: residence.  inspected and maintained to ensure optimal operation.  conditions, remain unchanged.  ofthe Dark Sky Association  10:53 a.m. Chair Opened the Public Hearing. 11:11 a.m. Chair Closed the Public Hearing.  MOTION by] Kris Holstrom to adopt the proposed amendments to the San Miguel County Land Use Code Article 2-38, Sections 5-71 Improvements and 5-21 Scenic Quality as presented and to adopt Resolution No. 2021-18, based ont the finding that the proposed amendment complies with the standards ofLand Use Code Section 5- 1802, Land Use Code Amendments; is consistent with Land Use Code Section 1-402, Implement Policies oft the Land Use Code; int that the new. Dark Sky policy and Exterior Lighting standards will ensure that impacts from new andi replacement exterior lighting associated with development within the unincorporated areas oft the County is sufficiently: mitigated. SECONDED by Hilary Cooper. PASSED3-0.  (ATTACHMENTI II- Resolution 2021-18)  11:14 a.m. Recessed. 11:24 a.m. Reconvened.  10:45 a.m. LAND USE CODE. AMENDMENT: Consideration of amending new Wright's Mesa Zonel Districts Section 5-319H.IV. Commercial Use-Specific Standards for Recreational Vehicle] Park, Travel Trailer Park or Campground to allow RVI Parks and Camping in the Wrights Mesa Rural Agricultural (WMRA) Zone  District.  2    SANMIGUBL COUNTY. BOARD OF COMMISSIONERS  WEDNESDAYULNZ,2U1  Presented By: Kaye Simonson, Planning Director; John) Huebner, Senior Planner;  Ryan Righetti, Road and Bridge Superintendent 11:24 a.m. Chair Opened the Public Hearing. 1:12 p.m. Chair Closed the Public Hearing. Public Who Addressed the Board: Vincel Egan, County resident Leslie Sherlock, County resident Doug Tooley, County resident 1:14p p.m. Recessed. 1:34 p.m. Reconvened.  Note: This item willl be continued to the meeting on August 4, 2021.  d. 11:30 a.m. LAND USE CODE. AMENDMENT:  Consideration ofa an Amendment tot the. Amended and Restated Deed Restriction and Covenant' Templates, and an Amendment tot the San Miguel County Land Use Code Section 5-13051 H Violations and 5-1305. IRemedies, and. Amendment tot the EXECUTED Amended and] Restated Deed Restriction and Covenants, to adopta Schedule ofViolations and] Fines as an enforcement option within the deed restrictions to guarantee compliance with the rules oft the program and with the individual deed Presented By: Kaye Simonson, Planning Director; Lois Major, Attorney representing  restrictions. the County  1:35 p.m. Chair Opened the Public Hearing. 1:50 p.m. Chair Closed the Public Hearing.  MOTION by Kris Holstrom to approve the adoption of] Resolution No. 2021-021, to amend the New Covenant Template and San Miguel County Land Use Code Sections 5-1305. H Violations and 5-13051 II Remedies, to adopt ofa Schedule of Violations and Fines as an enforcement option within the deed restrictions to guarantee compliance with the rules oft the program and with the individual deedi restrictions, based on1 the finding that the proposed actions comply with the standards ofI Land Use Code Section 5-1802, Land Use Code Amendments, are consistent with Land Use Code Section 1-4, Purposes oft thel Land Use Code, and meets the intent oft the Guidelines, Rules and Regulations Governing Affordable Housing in the Telluride R-1 School District and furthers the County Affordable Housing Program goals. SECONDED by Hilary Cooper. PASSED3-0. (ATTACHMENT II-I Resolution 2021-021) 11:35 a.m. LANDI USE CODE AMENDMENT: Amending Section 5-13041 R-1 Housing Deed] Restriction to extend the Deed Restriction Covenant to a term of one Hundred (100) years and to amend the Amended and Restated Deed Restriction and Presented By: Kaye Simonson, Planning Director; Lois Major, Attorney representing  Covenant templates. the County  1:54 p.m. Chair Opened the Public Hearing. 1:55 p.m. Chair Closed the Public Hearing.  MOTION by Kris Holstrom to approve the adoption of Resolution No. 2021-020 and approve the amendment tol both thel New Covenant Template and to San] Miguel County Land Use Code Section 5-1304, extending the deed restriction covenant to an additional term of onel hundred (100): years that resets at eachi new transfer AND  3    SAMMIOUELCOUNTY/BOABD OF COMMISSIONERS  WEDNISDAY,ULy7,20A  MOVE to extend the term of all executed New Covenants under paragraph 1.3 for an additional fifty (50): years based on the finding that thej proposed actions comply with the standards ofLand Use Code Section 5-1802, Land Use Code Amendments, are consistent with Land Use Code Section 1-4, Purposes of the Land Use Code, and meets the intent oft the Guidelines, Rules and Regulations Governing Affordable Housing in the' Telluride R-1 School District and furthers the County. Affordable Housing Program goals and prevents future uncertainty. SECONDED by Hilary Cooper. PASSED 3-0. (ATTACHMENT: IV- Resolution 2021-20) (Board ofCommissioners. sitting as the San Miguel County. Housing. Authority.) a. Discussion and conversation with Wendy Sullivan, WSW Consulting Inc., on  9. COUNTYHOUSING: MATTERS  Workforce Housing in San Miguel County.  Presented By: Mike Bordogna, County Manager; Wendy Sullivan, WSW Consulting  Inc  3:06 p.m. Recessed. 3:12 p.m. Reconvened.  8. PUBLICHEALTH, ANDI ENVIRONMENT  (Board of Commissioners sitting as the San Miguel County. Board of Public Health.) Potential. Executive Session: Concerning Public Health, Meeting with an Attorney, a. Discussion and update with the San Miguel County Stakeholders concerning the  citation 24-6-402(4)(0). COVID 19 outbreak.  Presented By: Grace Franklin, Director of Public Health  Public Addressed the Board: Jeffrey Kocher, County resident Douglas Tooley, County resident Greg Craig, County resident  10. NATURAL RESOURCES, AND SPECIAL PROJECTS  a. Diseussien and request for commetiemheppost Wedding Belle drilling prepet-PemitPlamming update for the Wedding Bell No updates ati this Late Addition: Update ont the letters sent to the United States Forest Service. Public Comment: Helen Katich, Southwest Regional Representative from the Honorable John Hickenlooper's office, addressed the Commissioners on current and  time.  Presented By: Starr. Jamison, NRSP: Director  future projects. 11. MANAGER MATTERS Updates and other, as needed.  1. Update ont the affordable housing mitigation. This item will be scheduled for the  next: meeting on. July 14,2021.  12. COMMISSIONER UPDATES:  Hilary Cooper Update on Outside. Meetings and. Legislative - Rocky Mountain Health Kris Holstrom. Update on Outside Meetings.- Gunnison Valley Transportation, Region 10 Lance Waring Update on Outside Meetings-Gondola Sub-Committee: meeting, San  Miguel Day Care Association    SANMIGUEL COUNTY BOARD OF COMMISSIONERS  WEINESDAY.ULY/,201 13. ATTORNEY MATTERS  (Any ofthese items may involve an Executive Session C.R.S. 24-6-402) a. Request for Gondola Basement Vacation, Lot 634B, Mountain Village  Presented By: Troy Hagen, Senior Planner and. Amy Markwell, County Attorney; Megan Mangan, Attorney to Owner of] Lot 634B, Mountain Village; Chris Hawkins,  Representing owner  4:48 p.m. Mike Bordogna leftt the meeting.  Note: Tol be continued to a: future meeting to allow) David Averill, SMART director, to attend a meeting and provide his input on eliminating the Gondola NoI reversal oft the Gondola Easement onl Lot 634B, Mountain Village, will be acted b. Update on Purdue Pharma Bankruptcy Case & Vote to Accept or Reject Chapter 11  Easement. upon att this time. Plan.  Presented By: Amy Markwell  Board Direction: to abstain voting on the Chapter 11 Purdue Pharma Bankruptcy  Case. Other, as needed. 14. ADJOURNMENT PASSED3-0. 5:14 p.m. Adjourned 20210707-B0CC-Audio Respectfully submitted, lannun Walwls Carmen Warfield, ChiefDeputy Clerk Approved August 18,2 2021.  1. Garfield County - Federal Court Case concerning roads.  MOTION: by Kris Holstrom to adjourn the meeting. SECONDED by Hilary Cooper.  San) Miguel County Board of Commissioners 54  ATTEST:  - 1  Mike Bordogna, Coyhty Manager  5    ATTACHMENT 1  RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS  ACTING. AS THE BOARD OF HEALTH, SANMIGUEL COUNTY, COLORADO,  CONDITIONALLY, APPROVING A VARIANCE FOR AN ON-SITE WASTEWATER TREATMENT SYSTEM: FORI BRENDAN KIERNAN. ANDJUDITH: KIERNAN, LOT 56, FALLO CREEK VILLAGE SUBDIVISION, FILINGNO.2  Resolution 2021-019  WHERAS, Brendan Kiernan is the owner ofa. .36-acre parcel located along Highway 145, Lot 56, Fall Creek Subdivision: Filing No. 2, Parcell No. 456318203001, more particularly described as shown on Exhibit A, and. Judith Kiernan (Applicant) is representing the owner as Power of WHERAS, the. Applicant, Judith) Kiernan has submitted an application requesting a variance to WHERAS, the Colorado On-Site Wastewater Treatment Systems Act of2012 (the Act) includes standards for the granting ofVariances (Section 25-10-105), and allows the local board ofh health to grant variances to OWTS rules in accordance with the criteria established1 by the Act; and WHERAS, the Sanl Miguel County Board of Health has adopted Regulation 43 (the Regulation), whichi includes procedures and standards for the: review ofrequests for variances from WHERAS, the. Applicant has the burden of prooft to demonstrate that the variance isj justified and willj pose: no greater risk toj publicl health andt the environment than would a system meeting WHERAS, the loti is a legally platted lot that was reduced in sizel by as subsequent survey of WHERAS, the property is also constrained by an existing well on the neighboring property and WHERAS, the Applicant is requesting ai reduction ins setbacks tot the: north and east property lines fromt ten (10) feet to. .51 feet, and ai reduction ini the setback from the existing neighboring well to the Soil Treatment Area (STA) from one. hundred (100) feet toi ninety-eight (98) feet; and WHERAS, the Applicant received verification from the Colorado Division of Water Resources that thei required separation from the: neighbor's welli is achieved through the existing grouting of  Attorney; and  On-Site Wastewater' Treatment System (OWTS) standards; and  requirements oft the Regulation; and  thesel Regulations; and  adjoining property owned by the Bureau ofLand Management; and  an existing shared driveway; and  the well; and    vucuoiyn LiveIupe  WHERAS, the Colorado Department ofTransportation; property to thei north, Highway 145, and thel Bureau ofLand Management property tot the east willr not! be adversely impacted by the WHERAS, the. Applicant sent notice of thej proposed variance request and the Board of] Health Public Hearing, tol bel held on Wednesday, July 7,2021, to all property owners within 5001 feet of WHERAS, al Public Hearing Notice fort thej proposed variance request and the Board of County Commissioners Hearing, acting as the Board of Health, tol be held on Wednesday, July 7, 2021 was published int the Norwood) Post and the Telluride Daily Planet on Wednesday, June 16, WHERAS, al list oft thei items includedi int the Public. Hearing Record is attached tot this resolution WHERAS, the Conceptual OWTS Design, prepared by Alpine Land Consulting onl behalfo oft the WHERAS, the. Board of Commissioners of San Miguel County, Colorado, acting as the San Miguel County Board of Health, considered this application, along with relevant evidence and testimony, and approved the requested variance at aj public hearing in' Telluride on Wednesday, NOW,THEREFORE, BEI ITI RESOLVED thatt the Board of Commissioners of San Miguel County, Colorado, acting as the Board of] Health, herby approves the request for an On-Site Wastewater Treatment System Variance for. Judith Kiernan and Brendan Kiernan, based on the finding that the proposed variance is consistent with Section 25-10-105 oft the Colorado On-Site Wastewater Treatment Systems Act and] Regulation 43 of the San Miguel County Board of 1.) The Variance Approval and Site Plan willl be recorded with the San Miguel County Clerk and 2.) Iti is understood that this Variance is granted specific tot this property Lot 56, Fall Creek Subdivision, Filing No. 2, Parcel ID 456318203001, for use bya a 2-bedroom residence. 3.) Applicants and future ownersi must certifyt that the OWTS willl bei regularly inspected and 4.) When constructed, the Soil Treatment. Areai must bej protected: from vehicular traffic with a barrier. This area shall bej protected ands shall notl be used for snow storage. 5.) Future owners must! bei made awarei that this Variance, shall run with the land ands shall be effective for asl long as the relevant standards inl Regulation 43, from which reliefi is being granted, as wella as surrounding site conditions,: remain unchanged. Ifchanges occur in either condition before the OWTS is constructed, the Variance willl bei rescinded and a new Variance request may be considered by the San Miguel County Planning Department and  reduced setback tot thej property line; and  thes subject parcel; and  2021; and asl Exhibit] B; and  Applicant, is attached as Exhibit C; and  July7,2021.  Health, with the following conditions:  Recorder and attachedt to the property deed. maintained to ensure optimal operation.  Board ofI Health.    vocusign Enveiope! ID:  DONE. AND APPROVED by the Board of County Commissioners of Sanl Miguel County,  Colorado, on. July7 7, 2021.  SANI MIGUEL COUNTY BOARD OFI HEALTH  -DocuSignedby: By: lauu Wariug Tance Waring, 4B38430. Chair  Vote: Lance Waring Kris Holstrom Hilary Cooper -Docusignedby: By: Carmen Wafald  Aye Nay Abstain Aye Nay Abstain Aye Nay Abstain  Absent Absent Absent  ATTEST:  Carmen Warheld, Chief Deputy Clerk EXHIBIT A - Legal Description EXHIBIT B - Public Haring Record EXHIBIT C- Conceptual OWTS Design    Jucuoiyn EIveIupe ID.  EXHBIT. A  Legal Description  LOT5 56, FALL CREEK SUBDPVISON/PILNGNOZ COUNTY OF SANMIGUEL,  STATEOFCOLORADO.    Jocusign Enveiope ID:  EXHIBITI B  Public Hearing Record Board of Health Date:  Application: Judith) Kiernan and) Brendan Kiernan  On-Site Wastewater Treatment System Regulation Variance  July7,2021  1. Sanl Miguel County On-Site' Treatment Systems Regulations (Adopted May 21, 2. On-Site Wastewater Treatment Systems Act, Colorado. Revised Statute 25-10-104 3. Memorandum tot the Board of] Health from the San Miguel County Building 4. Public Hearing Notice published int the Norwood) Post and the Telluride Daily Planet 5. On-Site Wastewater Treatment Systems Variance. Application submitted by Judith Kiernan and Brendan Kiernan, applicant and owner ofLot56, Fall Creek 6. "Applicant's Certification of Compliance with the Public Noticing Requirements" of the Sanl Miguel County On-Site Wastewater Treatment Systems Regulation Section 7  2014, amended. May 16, 2018)(By Reference Only). (Adopted June 2012) (By Reference Only). Department Staff dated. July 7, 2021.  on. June 16,2021.  Subdivision, dated. June 11,2 2021.  dated. June 13, 2021.    Jocusign Enveiope ID: rOAABOOPANE-NUArSee  EXHIBITC    pocusign Enveiope ID:  APPROXIMATE EXISTING SOIL TREATMENT AREA (STA) CHAMBERS  CONCEPTUAL OWTS STA SIZE PRESSURIZED CHAMBERS (2 BEDROOM) EXISTING GRAVEL DRIVE 1,000 GALLON 3 COMPARTMENT TANK WITH PUMP LOCATION TO VARY WITH 0 FINAL DESIGN  EXISTING GARAGE  ACPESS ESMT  Lor 55  EXISTING WELL 30't DEEP GROUTED 20't PROPERTY LINE (TYP)  00  a  PROPOSED CONCEPTUAL WELL ASSUMED 30' DEEP BUILDING LUC SETBACK PLATTED LOT 56 LOT LINE BLM RESURVEY LOT 56 LOT LINE BLM RESURVEY EAST BOUNDARY OF TRACT 59  SAN MIGUEL  RIVER BANK RIVER  LOT 56 4  D  SCALE: 1" = 40'  NOTES:  1. ALL BOUNDARY INFORMATION PROVIDED BY BACKCOUNTRY SURVEYING, INC., LAND SURVEY PLAT DATED 2-11-21. 2. A VARIANCE FROM SAN MIGUEL COUNTY ON SETBACKS TO NORTH AND EAST PROPERTY LINES WILL BE REQUIRED. 3. PROPOSED HOUSE WILL BE IN 100-YEAR FLOODPLAIN AND MUST MEET ALL FEMA AND COUNTY REQUIREMENTS. 4. THIS IS A CONCEPTUAL PLANNING SITE EXHIBIT AND NOT TO BE USED FOR CONSTRUCTION NOR GOVERNMENTAL  SUBMITTALS.  LOT 56 FALL CREEK OPTION7 CONCEPTUAL OWTS PLAN  ALPINEI LAND CONSULTING, LLC P.0.BOX2 234 RICO, COLORADO 81332 EANMEAECPEBATNECN 970-708-0326  PROJECT MANAGER: DRAWN BY:  GEA GEA  DATE: PROJECT #:  JUNE 3, 2021 2021007    DocuSign Envelope ID: DSACAASCNSAN  ATTACHMENT T  RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,  SANI MIGUEL COUNTY, COLORADO, 5-27. AND5-29 REGARDING EXTERIOR LIGHTING  APPROVING AN AMENDMENT: TO THE SANI MIGUELO COUNTYLAND USE CODE ARTICLE2AND: SECTIONS 5-307, 5-314, 5-316, 5-319, 5-321, 5-322, 5-7,5-10, 5-21, 5-26,  Resolution 2021-18  WHEREAS, pursuant tol Land Use Code Section 5-1802, the Norwood Dark Sky Advocates and West End) Dark Sky Alliance (Nucla/Naturita): requested that San Miguel County update its exterior lighting standards tol help facilitate the process to maket the Sanl Miguel River Basina Dark Skyl Reserve that willi include all of Sanl Miguel County and Montrose County west oft the WHEREAS, the draft amendment was referred tot the County. Attorney, County Manager, County Building Official, County Road and Bridge Director, County Site Inspector, County Sheriff, Norwood. Dark Sky Advocates, West EndI Dark Sky Alliance, International Dark Sky Association, Town of Telluride, Town ofl Mountain Village, Town of Ophir, Town of Sawpit and WHEREAS, ati its regular meeting held on' Thursday June 10, 2021 meeting, following its consideration oft thej proposed LUC Amendment, the referral comments provided, andj public comments were received prior to and during thej public meeting, the County Planning Commission (CPC) unanimously: recommended approval of thel Land Use Code Amendment, with recommendations for additional amendments, which are incorporated herein; and WHEREAS, in making its recommendation' to the Board of County Commissioners, the CPC madet the finding that thej proposed amendment complies with the standards ofLand Use Code Section 5-1802, Land Use Code Amendments; is consistent with] Land Use Code Section 1-4, WHEREAS, the County] Planning Commission's recommendation are set forth: in the: minutes WHEREAS, aF Public Hearing Notice for thej proposed Land Use Code Amendment and the Board of County Commissioners: meeting tol bel held on July7,2021 was published in the WHEREAS, a list oft thei items included int the Public Hearing Record is attached to this WHEREAS, the. Board of Commissioners of San Miguel County, Colorado, considered this Land Use Code amendment, along withi relevant evidence and testimony, atap public hearing on  Plateau; and  Town ofl Norwood: for review and comment; and  Purposes oft the] Land Use Code; and from the. June 10, 2021 CPC meeting; and  Norwood. Post and the' Telluride Daily Planet on June 16,2 2021; and  resolution as Exhibit A; and Wednesday, July7,2021.  BOCC Resolution 2021-18 Page 1    DocuSign Envelopel ID:  NOW, THEREFORE, BEJ ITI RESOLVED thatt the Board of Commissioners of San Miguel County, Colorado, approves and adopts the amendment to San] Miguel County] Land Use Code Article 2, Sections SSHSIKSIRSESM.SASISINSISKSTA and 5- (Additions are shown with underline. Deletions are shown with Strike-throngh)  29 regardingl Exterior) Lighting, as follows:  SANI MICUELCOUNIYIAND: USE CODE  ARTICLE2 LANDI USE POLICIES  SECTION2:39: 2-3901  PRESERVINGTHE) DARK NIGHT SKY  Itist the policy oft the County top protect the quality ofs starry nights and nocturnal environment, and to specifically protect the night sky for its scientific, natural, and educational values; cultural  heritage: and/or public enjoyment.  2-3902  Ensure that all outdoor nighttime lighting in all county Zone Districts be designed wisely to minimize the harmful effects of light pollution. Lighting plans shall address the type, intensity, location, color, timing, and fixture design, as well as the specific needs ofaj property or facility's  use.  ARTICLE5 STANDARDS  5-307 Forestry, Agriculture and Open (F) (inp part)  5-307L.  Hotel, Guest Ranch, and Bed and Breakfast Standards for the FZ Zone District. In addition to complying with the standards for special uses in Section 5-10, hotels VIL Bateriertlighingmasthes shieldedteprevent dinsvisbiyefigHhals from off-site. All exterior lighting shall be direeted toward either the ground or the surface- ofa baulding-lighinemsiysedum-vaper-amd pgPaa. All exterior] lighting shall complywith Single-family) Dwellings over 12,000 sq. ft. ofFloor Area on ar minimum of.  shall comply with the standards in this section:  the standards of Section 5-710;  5-307L.  35 acres  BOCC Resolution 2021-18 Page 2    Docusign Envelopel ID:C CIBOEBAD-S8FA-4D88-98206286B979FA6A  L  Such dwellings must include one Caretaker or Accessory Dwelling Unit (depending upon Zone District) subject to the County R-1 Housing Deed Restriction, as provided in Section 5-13021 B. II. g., ofatl least 800 sq. ft. but no greater than 2,000 sq. ft. for a Caretaker Unit and of at least 700 sq. ft. buti no greater than 800 sq. ft. for an Accessory) Dwelling Unit.  II. Submission Requirements:  a. A Site plan shall be provided including:  i. ii. ii. iv. V. vi.  building plan, including location and dimensions typical elevations/heights ofbuildings; existing landscaping and proposed landscaping: plan; lighting plan, all exterior lighting shall comply with the standards of Section 5-710: and; existing structure and uses on adjacent parcels."  ofs structures; topography;  b. Applicant shall address Land Use Code Section 5-21 Scenic Quality Standards. Each developer shall describe in detail how the visuali impact oft thej proposed development oni neighboring developments and public use areas shall be mitigated.  5-314 Open Space (OS) 5-314C.  Use Allowed by Administrative Review:  The purpose of the County Planning Department Administrative Review is top provide staff an opportunity to work with an owner or developer to minimize the impacts of development on the environment, to ensure that the proposed development adequately avoids or mitigates natural and geologic hazards, to reduce the visual impacts associated with access roads, driveways, cut and filla areas, site and building lighting, and to ensure that the site improvements and thei mass, scale and form ofar residential structure is consistent with the Purpose ofthe OS Zone District. Visually overpowering building forms, where the mass and scale of the proposed structures are significantly larger and incompatible I. Single-family residences, including customary residential uses and  with the surrounding area, should be avoided. underground utility service.  a.  Buildings aret to bej placed in locations that minimize visibility. Avoid placing buildings atl high points on the site ori in other highly visible areas. Ini no case shall residential development occur above the 9050f foot elevation linei in the OS Zone District. b. To the greatest extent possible, cutting and filling of sloping areas  BOCC Resolution: 2021-18 Page 3    DocuSign Envelope ID:  should be avoidedi but wherei itmust occur, the visuali impacts should be minimized. Use natural materials to minimize visual impacts. Buildings that cut into slopes are encouraged where they can help minimize thej perceived: mass and scale. Roofs slopes that repeat the Large picture windows of glass that reflect toward the Town of Telluride, State highway 145, Colorado. Avenue, County) Road) K69, d. All exterior lighting fixtures shall utilize recessed light sourees; shielded wwylea, OF ether featureste minimize visual impact of light sources as seen from the Town ofTelluride, public use areas, from other surrounding areas-ofthe hillside- All exterior lighting shall comply with the standards of e. Site plans. The following siting and design guidelines will be considered during the Administrative Review for a Development Permit or Building Permit by the Planning Department, which may be approved with or without Consider ways to minimize disturbances ofi natural topography andi retain natural vegetation ofs substantial size, including trees, shrubs and other natural landscape features inp place, or relocate them withint the site. Includea landscaping plan. Use ofr natural plantings rather than non- native ornamental materials is encouraged. 2. Minimize thel height of walls andi retaining devices and use natural materials to minimize visual impacts. 3. Minimize the visual impact ofa structure from the Town of Telluride, Statel Highway 145, Colorado. Ave, County Road Consider shared driveways and clustered parking areas to minimize disturbance to1 natural landscape. 5. Include a lighting restriction plan. Position lighting to, minimize visual impacts as seen from lower viewpoints that may affect the night character oft the community. 6. Visually overpowering building forms should be avoided. Low profile buildings are encouraged. 7. Buildings that cuti into slopes are encouraged where they can help minimize the perceived: mass and scale. 8. Step buildings down atl hillside edges, to minimize visual impacts and reduce the apparent height. 9. Roof forms that] protect views ofs significant features and existing view corridors are encouraged. 10. Designs that blend with the character oft the natural hillside  slope oft thel hillside are encouraged. and public use areas are tol be avoided.  Section 5-710.  conditions. The submitted plans should:  1.  K69, and public use areas.  4.  BOCC Resolution 2021-18 Page4    DocuSign Envelope ID: CIBOEB6D-SBFA4D68-982062B8979FASA  in material, muted colors and texture are encouraged.  5-316 Scenic Foreground Overlay (SFO): and Scenic View] Plane (SVP) (inj part)  5-316C.  Development Standards. Subject tol Planning Commission Review Development within the SFO and SVP Zone District shall generally comply with the standards in this Section and shall be subject to review by the Planning Commission. Compliance with every standard is not required, but developments VII. Shield-exterier lighting to-prevent-direets visibility-of light bulbs from off se-iesierichaigaa be-direetedteard either the groundorthe surface-efa-bukding ghmmsiyadumwepe and similar lighting shalbeprohibited All exterior lighting shall comply with thes standards of  shall comply with the cumulative intent oft these standards:  Section 5-710;  5-319 Wright's Mesa (WM) (in part)  5-319K.  Review Standards for all WM Zonel District Special Uses  All special uses shall:  VII. Be-required to dhieldeterier-lighing to prevent det-visibliy-ofigh bulbs fomeFasie-Alestesierichagaalledisadiseiedtowaéiegend or the surface- ofa building. ydA similar lighting shall be prohibited. All exterior lighting shall comply with the  standards of Section 5-710;  SECTION. 5-319 WRIGHT'S MESA. ZONE DISTRICTS (inj part)  5-319H.  Use-Specific Standards  Allu uses are subject tot the applicable use-specific standards set forth in the Section.  m. Public and Institutional  a. Communiy/Reereational Center  A community and/or recreation center shall comply with the following Size: Structure shall not exceed 15,000 square feet of Gross Floor i lighing-lightingwil be-sereened: and downeasts ii. Noise: Building willl be designed sot thatr noise willi noti interfere with the surrounding uses. Noise shall not exceed 55 dBA att the lot line adjacent toa residential use or wherei residential uses are allowed by  standards: i.  Area.  right.  BOCC Resolution 2021-18] Page 5    DocuSign Envelopel ID:  ili. Storage: Adequate provision shall be made in the design and/or location of building and loading areas for equipment and supplies, so that storage and service areas are screened from adjacent iv. Hours ofOperation: Hours ofoperation shalll bec determined through Utilities: The facility shall connect and be served by the Norwood Water Commission andt thel Norwood Sanitation District. vi. Parking: Parking shall comply with Section 5-702. Parking shall be screened and sited to minimize visual impacts of the vii. Other: Alcohol may be served at private functions pursuant to a  residential areas andt the street. special use: review.  V.  development.  valid special events liquor license.  V. Industrial  b.  Mini-Storage i.  Mini-storage units shall comply with the following standards:  Size: The facility shall not exceed 2,500 square feeti int the WMRA zone district. Facilities larger than 2,500 square feet in the WMLI zone district are only permitted by special use. ii. Setbacks: The mini-storage structure shall be set back at least 100 feet from the lot line abutting a highway or county road or an existing dwelling or property zoned for residential use. ii. Screening andl Fencing: As six foot opaque perimeter wall or fence, or landscaping and natural berming (with an approved landscape plan) shall be constructed adjacent to residential areas to provide iv. Lighting: Exterior lighting shall illuminate dewnward Outdoor Storage: No exterior storage of goods or materials shall occur. Covered trash dumpsters shall be maintained on-site.  screening.  iv. Signage: Signage shall be unlit.  V.  5-319I. Sitel Development Standards  Uses on Wright's Mesa shall comply with the following site development All development shall comply with the standards set forth in Section 5-6, which establishes service standards; Section 5-7, which establishes improvement standards (including but not limited to parking drainage and flood control, signs, lots, monuments, and landscaping); Section 5-8, dedication standards (including but not  standards.  I. General Wright's Mesa Standards  limited toj parks andj public area, school land); and the: following:  BOCCI Resolution 2021-18 Page 6    DocuSignE Envelopell ID:  a. Landscaping and Screening  1. b. Lighting i.  The Planning Commission and the Board of County Commissioners may require planting of trees and other plant material to mitigate visual impacts  ofd development.  General Lighting Standards  All exterior lighting shall comply with the standards of Section 5-710. Lighting regulations regulate outdeer night-time xiures-te-preserve, proteet, and enhance the dark skeywhile eenserving energy-permitting reasenable ands safe use ofoutdeert ighhimelighting-minimizingglare and ebtrusive light, and helpingte-preteet* ther mafural-envirenment from the damaging effeets-of-might -APaFha shall-be guidiesiasaereNdwneashiyefighal. from offsite.Alle exterior lighting-shall be direeted towardt the ground OF the surface- ofa building. PHyP-MNmPe: and similar The-fellewingareexekempfemthereguirementsefthis: Seetion:  lghtingareprehbHed. ExemptLighting  Outdoer lighting fixtures-existing or egaly-msale-pier-te eeetededfl: Sestompowevet,whereMisinglging fixtures are repaired orePlaeedaey-wismbet--tie b) CutorighingfiwturesN-y-fer-werkersateyat amRehesordaines-DARcAaahellingiseearges. Outdeer-lighting for saisy-FampS-esit-sigas,-and-elhe: sminsionrgirébyhangeehmgsD-koef d) oayertmpyeN: (less-than 3-days-usein-anyeme e) Emergeney lighting used by pelice, Freighte-eF-medieal persennelandt isepasisslaugesysis. II. Additional Sitel Development; Standards for WMTR: and' WMLIZonel Districts All uses on Wright's Mesa in the Norwood Master Plan Boundary are subject to the general site development standards in subsection I above plus the The: following lighting standards apply in the WMTR and WMLI. Zonel Districts.  previsiens-efthis Section:  )  hieleingisempleyed year).  following additional standards:  a. Lighting Standards for WMTR and WMLI Zone Districts  BOCC Resolution 2021-18 Page 7    DocuSign Envelopel ID: C1B0EB6D-S8FA4D88982062B6B979FASA  All exterior lighting shall complywith the standards of Section 5-710. Highinemsiysedam-er-aiali-ienghingshalbeprohbied. vi. Allexterier lighting installations subject te this Code shall be designed and installed te-be-fily-shededeled-Pul-auoff"-as deseribed by the International Daty-AsRN-DA In residential area, lightss honldbesheldedsuen that the-lamp-itselfer thel lampi imageis-net diretyvsbestde-lhepepetypmimeler: Parking lets and higwmdpawl bei luminated-as mohsivelyespesibieaNalaaheldimgwhle-mecing hefumctional-meedseedsefsfe-cicalatiomandpreiectionk ofpeeple-and popety-Faregoumdepass,sméhashulang entrances ande outside seating areas, shall utilize local lighting that defmes the-space without glare. In no ease shall exterior lighting direetly-illuminate  Highlntemsitysedam-VeperPohbled. i. aamgemiphagPae  any-pointoffsite-  5-321 High Country. Area (HCA) (inj part)  5-321D.  Standards for all Administrative Reviews and All Special Uses Requiring One-  Step and' Two-step Review  II. All Uses are subject to thei following Standards:  Outdoor lighting shall be limited to the minimum required to comply with the applicable provisions of the Uniform Building Code and National Electric Code. Aligeteng hallbellyahieaedamadinaadsasdalherlhegoundoriie urfhceofthebulingtepveidinawalityeffsme-g intemsiysedaum-vapos-meHpyAp.,aamdsimlarightingis prohibited. All exterior lighting shall comply with the standards of  Section 5-710.  5-3221 H.  Review Standards for Land Uses and Area and Bulk Requirements Requiring Review Through thel Planned Unit Development (PUD) An applicant seeking approval for any of the uses listed in Sections 5-322 D. or approval to utilize the area and bulk requirements in Section 5-322 F. must demonstrate to the satisfaction of the Board of County Commissioners substantial IX. All exterior lighting fixtures shall utilize digsuedale atrpbisisyiA.N: orother features te minimize visual impact of light sources as seen from the Town of Telluride, public use areas, or  Procedure  compliance witht the standards int this section.  BOCC Resolution 2021-18 Page 8    DocuSign Envelopel ID: CI80EBAD-S8FA-4D88-982062B8B979FA6A  from other surrounding areas of the hillside. All exterior lighting shall  comply with the standards of Section 5-710.  SECTION5-7: 5-710 Exterior Lighting 5-710A.  IMPROVEMENTS  Exterior Lighting Standards  I.  The purpose oft this Section is to provide standards for outdoor nighttime lighting design that preserves. protects. and enhances the County's night sky while conserving energy.permitting reasonable and safe nighttime use ofproperties. minimizing glare and obtrusive light, and helping to protect the natural environment and wildlife from the impacts of night lighting. These standards are based on the requirements of the International Dark-  Sky Association (IA)Dark Sky) Reserve guidelines. II. Exterior Lighting Standards for all Zone Districts.  The following lighting standards shall applyina all county zone districts. High-intensity sodium-vapor and similar lighting; floodlighting: lasers; or light that dynamically varies its output by intermittent flashing, blinking, rotating, or strobing shall be prohibited.  a.  b. Lighting Design and Shielding:  All exterior lighting installations subject to this Code shall bei fully shielded as described by the International Dark-sky Association (IDA) and directed toward the ground or downward, shielded by roof elements. or effectively ii. Usel lighting that has al low color temperature (less blue ini its spectrum). with a maximum allowed Correlated Color Temperature of no more than two thousand seven hundred ii. Inresidential areas, lights shalll be shieldeds such that thel bulb isnot directly visible outside the propertyp perimeter. iv. Parking lots and other background spaces shall be illuminated as unobtrusively as possible with fully shielded fixtures while meeting the functional needs of safe circulation and protection of people and property. The height, number, placement and fixture type shall suit the purpose of the lighting, e.g. using bollards to illuminate walking surfaces instead of pole-mounted: lights. Foreground spaces, such as building entrances and outside  recessed.  (2.700) degrees Kelvin.  V.  BOCC: Resolution 2021-181 |Page 9    DocuSign Envelopel ID: CIBOEB6D-SFA4D88-98EB2062B6B979FASA  seating areas, shall utilize local lighting that defines the space without glare. In no case shall exterior lighting vi. Whenever possible. use IDA-certified dark sky friendly Exterior lighting shall be limited to functional uses such as llumination of doorways, garage doors, decks, terraced levels, or d. Motion Sensor lights are encouraged for commercial, industrial or residential access but shall be designed sO the sensor will be triggered by activity only within the owner's property lines. e. No exterior lighting shall be installed or used in any way that interferes with the safe movement of motor vehicles. Applications for Building Permits and Development Permits shall include an exterior lighting plan that shows the following: i. The locations of exterior lights on the building(s) and/or other activityoru use ont thej property for which the application Description(s) of the lighting fixtures, demonstrating how lighting fixtures will comply with this section.  directlyi illuminate any point off-site. outdoor lightingp products.  C.  walkways, and recreational areas wheni in use.  f.  is submitted.  ii.  II. Exempt Lighting  The following uses are exempted from the requirements oft this Section: Outdoor lighting fixtures existing or legally installed prior to the effective date of this Section; however, when existing lighting fixtures are replaced, they will be subject to the provisions of this b. Outdoor lighting fixtures that are essential for worker's safety and efficient functioning of farms, ranches, dairies, or commercial / industrial operations. Fullys shielded fixtures are encouraged. Outdoor lighting for stairs, ramps. exit signs, and other illumination required by building code. Fully-shielded fixtures are required. d. Outdoor lighting necessary for public safety, such as runway lighting of airports. traffic control signals, and construction projects. e.. Holiday or temporary lighting (less than sixty (60) days use in any  a.  Section.  BOCC Resolution 2021-18 Page 10    DocuSignE Envelopel ID: C1B0EBBD-S8FA4D88-982062B6B979FA6A  one year). All temporary lighting shall conform to the code to the Emergency lighting used by police. fire fighters, or medical personnel andt that isi in operation asl long as the emergency exists.  greatest practical extent.  g. Any] lighting required by federal or state regulations.  SECTION: 5-10: SPECIALUSES  5-1002E. The following must be addressed as] part of any application:  I  A Site plani including:  a.  Ownership, Use and zoning of all adjacent Parcels;  b. Driveways, streets and right-of-way, Access ways, including points  ofingress, egress,) parking plan; Recorded: and apparent easements;  C.  d. Location and dimensions of Structures and Signs; e. Typical elevations/Heights ofs such Buildings;  f. g.  Landscaping; Topography;  h. Specific areas proposed for specific types of land Use/the  identification ofs specific land Uses; and  i.  Information regarding the function and characteristics of any Building or Use proposed, including: days and hours of operation, number of employees, number of students, number of rooms for  rent, etc., as applicable;  II. Lighting plan: All exterior lighting shall comply with the standards of  Section 5-710;  II. Signs all Signs musti meet Section 5-704 standards;  IV. Water/sewer plan must meet state standards andi may include verification  ofac commercial wellj permit;  V. Drainage plan;  BOCC Resolution 2021-18 Page 11    DocuSign Envelopel ID: 180EB6D-S8FA4D8B-B2062B6B979FA6  VI. Grading plan; VII. Dust control plan;  VIL Detailed engineered plans and specifications by a registered Colorado Professional Engineer as requested by staffo or Referral Agents; Weed control plan that must include use of weed free hay or straw;  I.  II. Wildlife Plan (see Section: 5-407 A.XII); and XI. Additional permits asi necessary from other agencies. Standards: for Golf Courses in: all Zone Districts (inj part)  5-1004  Prior to Planning Commission and BOCC Conceptual Work Session, a written statement of the following is required (conceptual shall mean description of the projects look and feel prior to detailed information. A Conceptual Work Session does not constitute an approval, either preliminary or final, oft thej proposal): Outdoor lighting plan, including location and time of use. All exterior lighting shall comply with the standards of Section 5-710.  5-1004M. Design  All proposed development shall conform to County requirements (Section 5-4a and 5-21) for Areas ofLocal and Statel Interest and Scenic Quality.  I.  A Site Plan that includes location of tees, greens, fairways, driving range and practice green, golf cart path, ponds, irrigation wells and roads and plans for removal and addition of vegetation must be submitted during the II. A Site Plan for Clubhouse lot must be submitted that includes but is not limited to: building sizes and height, uses accessory to the primary golf course use (restaurant, bar, pro shop, gym), roads, parking lots, lighting, employee housing (number of employees for clubhouse and golf course), maintenance facilities, outdoor restaurant seating areas, outdoor storage of II. Equipment storage and maintenance areas shall be screened from adjacent IV. No lighting for nighttime use shall be permitted on golf course, practice green or driving range; an outdoor lighting plan, including location andt time  preliminary work session;  equipment;  residential units andj public roads; and  ofu use, shall be submitted and approved by the County.  BOCC Resolution 2021-18 Page 12    DocuSign Envelope ID:  SECTION5-21: SCENIC QUALITY  This section establishes land use standards for the preservation of Scenic Quality in conjunction with development activities visible from neighboring developments and public use areas, in accordance with the policy on Scenic' Quality established in Section 2-12. The Scenic Quality Standards in Section 5-2101 shall be applied in review of a Preliminary Plan submission, as established: in Section 4-411, and the special use standards specified in Section 5-10 oft this Land Use Code. Section 5-2101 C. provisions regarding prohibition of highly reflective materials for all proposed roofing and Section 5-2101 H. regarding lighting shall also apply for-all propesed  roofing during DeyelepmentPermit, application review.  5-2101 Scenic Quality Standards Report shall include:  Each developer shall describe in detail how the visual impact of the proposed development on neighboring developments and public use areas shall be mitigated. Each such Scenic Quality 5-2101. A. Designations ofs scenic views of natural and! historic features both from and 5-2101B. Designs that orient improvements in ways that allow them tol blend in with and 5-21010 C. Utilization of colors and textures found naturally in the landscape and prohibition 5-2101D. Utilization ofnative or similar horticultural materials for revegetation and 5-2101E. Plans tor remove: and save topsoil, prior to any. grading or excavation and 5-2101F. Design and construction plans for roads and associated structures that beara 5-2101G. Location and installation ofutilitiesi in wayst that will cause the least damage to 5-2101 H. PorsargigaaingstsegnE, prevente direetvisibilityef  toward the site and descriptions of! how these vistas willl bej preserved;  utilize the natural topography;  ofr reflective materials, such asl highly reflective glass or metals; completed during the first planting season after construction;  reforestation and guarantees that any needed revegetation orI reforestation willl be  replacement, for reuse during revegetation;  logical relationship to existing topography toi minimize the need: for cuts and fills;  thei natural environment; and  gbal-femelfalsydrsiageAlataserighingiewadeihes the ground erthesifeeefabuidingaméprohibitinghghimemsitysedhm-vaperamd Similarlighting. All exterior lighting shall comply with thes standards of Section  5-710.  SECTION: 5-26: OIL AND GAS EXPLORATION. & DEVELOPMENT (in part)  BOCC Resolution 2021-18 Page 13    DocuSign Envelope ID:  5-2604  Development ofl Major Oil and Gas Facilities  5-2604E. Visual Mitigation  I.  Visual Mitigation Plan. A visual mitigation plan shall be required for all new facilities and/or expansion of existing facilities. The plan shall incorporate the appropriate design elements of this Section. The requirement for a visual mitigation plan may be waived by the Board of County Commissioners, the Planning Director or the Local Government Designee, ifaj plan is deemed unnecessary toj preserve the Scenic Qualityi in conjunction with the proposed development of the Facility visible from neighboring developments and publiç use areas in accordance with the Policy set forth in Section 2-12 Scenic Quality and Section 5-21 Scenic  Quality.  I. The visual mitigation plan minimum requirements are asi follows: 13. Direction andt type of lighting, ifa applicable.  II. Visual impacts.  To the maximum extent reasonably feasible, the applicant shall use structures of minimal size to satisfy present and future functional 9. All exterior lighting shall comply with the standards of Section 5- 710. arignw, shall meet the standards set forth under Land Use Code Section 5-2101H. All lighting associated with oil and gas development will bes shieldedte-prevent itvsiyafipa. fom-offslte,drecing: allexterior lighingeilheriwardeilherhegpumiera-aehulding améprohbitinglighintemiysedaum-eperighting-lighing shall be used as needed rather than all oft the time to the extent possible  requirements.  given safety requirements.  SECTION5-27: WIRELESS SERVICES ANDCOMMINICATIONS FACILITIES  (np part) 5-2704  Application Requirements B. General Requirements  I.  The following must be addressed as part of any application:  BOCC Resolution 2021-18 Page 14    DocuSign Envelopel ID: CIBOEB6D-SBFA4D68-98B-B2062B88978FASA  a. Site plan, photos or drawings accurately representing existing and proposed conditions, specifying the location of antennas, support structures, transmission building, and other accessory structures, setbacks from property lines, all uses, access, parking, fences, signs, existing and proposed landscaping, and lighting, as well as all adjacent land uses within 500 feet for towers less than 100 feet high and 1000 feet for towers from 100-199 feet high. The Planning Director will assist in specifying recommended vantage points and the: requested: number ofp photo simulations.  D. Scenic Quality Mitigation Plan  V. Lighting. Lighting is prohibited on towers unless required by the Federal Aviation Administration or other applicable state or federal requirements. Motion detector security lighting may be approved if the lights are fully shielded and down lighted. Any outdoor lighting plan requires County approval. All exterior lighting shall complyw with the standards of Section 5-  710.  VIII. Signs. No advertising is permitted anywhere upon or attached to the facility. Signage is limited to small non-lluminated warning and MEDICAL AND: RETAIL MARIJUANA FACILITIES & ESTABLISHMENIS: - INCLUDING PLANT COUNTLIMITS! FOR BOTH PERSONAL USERECREATIONAL ANDI MEDICAL MARIJUANA CULTIVATION ON RESIDENTIAL, ANDI NON- RESIDENTIAL PROPERTIES IN ALLZONE! DISTRICTS: IN UNINCORPORATED SANI MIGUEL COUNTY (in part)  identification signs.  SECTION5-29  5-2902D. General Standards for bothl Medical and Recreational Marijuana Cultivation  I  Any and all extended plant count medical and all personal use/recreational marijuana cultivation shall be grown or produced in an Enclosed and Locked Space as defined herein. Enclosed andl Locked Spaces may: include Noj person(s): may engagei ini marijuana cultivation or production ina aj manner that adversely affects thel health or safety ofneighboring or nearby property a. Having visibility of plants from the exterior of the structure(s) or froma a public road or public place; no form ofs signage is allowed. Emitting light pollution, glare or brightness of lighting thati impacts  dwelling units and other primary structures. owners, toi include but not limited to:  II.  b.  BOCCI Resolution 2021-18 Page 15    DocuSign Envelope ID:  an adjoining or neighboring property owner or resident. Causing excessive noise or odori in ai residential area.  5-2906  Application Requirements  5-2906C. Scenic Quality Mitigation Plan  II. Provide al lighting plan. Allexterierlightings shalll be either directedteward hegreunderthesuriaesufaceefabHding Lighting shall bes shieldedtoprevent diret-vsibaliy-oflgN bulbs from-eff-site. Motion deteeter-seeurity ehgyhpondaw ights-arei Alyaalemaowles Highintensitysodun vaper and similarl lightingisprohbited. All exterior lighting shall comply with the standards of Section 5-710.  BEITFURTHER: RESOLVED, this resolution is adopted based on the finding that the proposed amendment complies with thes standards ofI Land Use Code Section 5-1802, Land Use Code Amendments; is consistent with) Land Use Code Section 1-4, Purposes oft thel Land Use DONE. AND. APPROVED byt the Board of County Commissioners of San Miguel County,  Code.  Colorado, on. July 7,2021.  SANMIGUEL COUNTY, COLORADO BOAEDOECOUNTY COMMISSIONERS  By: lanu Waring Iance Waring, Chair Vote: Hilary Cooper Kris Holstrom Lance Waring  Aye Nay Abstain Absent Aye Nay Abstain Absent Aye Nay Abstain Absent  ATTEST: By:  -Docusignedby: Carmen Warfald E2AF06390634  Carmen Warfield, Chief Deputy Clerk EXHIBIT. A - Public Hearing Record list  BOCCI Resolution 2021-18 Page 16    DocuSign Envelopel ID: CIBOEB6D-S8FA-4D88-82062B6B979FASA  EXHIBITA  PUBLICI HEARING RECORD Board of County Commissioners  Application: Land Use Code Amendment to Articles 2, and 5, Dark Sky, Exterior) Lighting 1. Sanl Miguel County Land Use Code (Adopted 11/30/90) with all amendments to date (By 2. Sanl Miguel County Comprehensive Development Plan (Adopted 8/3/78) with all 3. Memorandum tot the San Miguel County Board of County Commissioners from John  Date:  July7,2021 Reference Only).  amendments to date (By Reference Only). Huebner, Senior) Planner dated] July 7,2021. 4. Draft Land Use Code Amendment, dated June 2021. 5. Draft Board of County Commissioners Resolution #2021-18.  6. Public) Hearing Notice published int the Norwood: Post and' Telluride Daily Planet on June  16, 2021.  7. Minutes of the. June 10, 2021 County Planning Commission meeting. 8. Memorandum tot the San Miguel County Planning Commission from John Huebner, 9. Email from. John Huebner, Senior Planner, to. Review. Agencies dated May 11,2021. 10.] Email received from Phil Taylor, Telluride Senior Planner, to. John Huebner, Senior 11. Email from Bob Grossman, Norwood: Dark Sky Advocates, to. John Huebner, Senior 12.1 Email received from John Barentine, International Dark Sky Association, tol Kaye 13. Email from Harley Brooke-Hitching, County resident to. John) Huebner, Senior Planner 14.Telluride: Daily Planet news article "Dark Sky Advocates seek tol keep the stars bright",  Senior) Planner dated June 10, 2021.  AGENCY COMMENTS  Planner datedl May 19,2021. Planner dated May 31,2021.  Simonson, County. Planning Director, dated June 9,2021.  PUBLIC COMMENT dated] July 6, 2021. OTHER  Susanne Cheavens, Associate Editor, dated April 8, 2021.  BOCC Resolution 2021-18 Page 17    DocuSign Envelope ID:  15. Town ofTelluride display advertisement "Let's Keep thel Night Sky) Dark",Telluride  Daily Planet, dated June 27,2021.  BOCCI Resolution: 2021-18 Page 18    puvuoiyn LivcIupe  ATTACHMENT m  RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, SANI MIGUEL COUNTY, COLORADO, APPROVING. AN AMENDMENTTOTHE AMENDED ANDI RESTATED DEED RESTRICTION, AND COVENANT TEMPLATES, AND. AN AMENDMENT7 TO THE SAN: MIGUEL COUNTYLAND USE CODE SECTION: 5-1305 H VIOLATIONS &IREMEDIES, AND AMENDMENTTOTHE EXECUTED AMENDED ANDI RESTATED DEEDI RESTRICTION. AND COVENANTS, TO. ADOPT. A SCHEDULE OF VIOLATIONS. ANDI FINES AS AN ENFORCEMENT OPTION WITHIN THE: DEED RESTRICTIONS TO: ENCOURAGE COMPLIANCE WITH THE RULES OF THE PROGRAM. AND WITHTHE INDIVIDUALDEED  RESTRICTIONS. Resolution 2021-021  WHEREAS, San Miguel County, Colorado (the "County") has the authority to1 regulate the use and development ofl land located within the County according to the Colorado Constitution and WHEREAS, pursuant tol Resolution 2002-2, the Sanl Miguel Board of County Commissioners (BOCC) onl March 27, 2002, approved the Amended and Restated Deed Restriction Template and Covenant (New Covenant) for use: in conjunction with the County's affordable housing WHEREAS, pursuant tol Land Use Code Section 5-1802, the BOCC on. January 13, 2021, helda workshop to consider a draft amendment tot the New Covenant Template and Executed New Covenants and the Land Use Code (LUC) Section 5-1305 H Violations and II Remedies and directed stafft toj prepare an amendment to the New Covenant andt to LUC Section 5-1305 H &I to establish a Schedule of Violations and] Fines, as ane enforcement option within the deed restrictions to encourage compliance with the rules oft the program and with the individual deed WHEREAS, the Proposed Schedule of Violations and Fines is attached hereto as Exhibit B. WHEREAS, the draft amendment was referred tot the County. Attorney; County Building Department; County Planning Department; the' Towns ofTelluride, Mountain Village, Norwood, Ophir and Sawpit; and the San Miguel Regional Housing Authority and current and potentially WHEREAS, ati its regular meeting held on. June 10, 2021, the Sanl Miguel County Planning Commission considered the proposed LUC amendment and unanimously: recommended the WHEREAS, al Public Hearing Notice for the proposed New Covenant Template and LUC Amendment andt thel BOCC meeting tol bel held on July 7, 2021 was published in the Norwood  the Coloradol Revised Statutes ("C.R.S."); and  program; and  restrictions.  impacted homeowners' associations for: review and comment; and Board of County Commissioners adopt the LUC Amendment; and Post andt the' Telluridel Daily Planet on. June 16, 2021; and  BOCCI Resolution 2021-021 Page 1    vucuoiyn  ID.  WHEREAS, al list oft the items includedi in the. Public Hearing Record is attached tot this WHEREAS, ati its regular meeting held on. July 7, 2021, the Board of Commissioners of San Miguel County, Colorado, considered the proposed New Covenant Template and LUC Amendment, the referral comments provided, public comments received prior to and during the WHEREAS, the BOCC finds that the proposed amendment complies with the standards ofLUC Section 1-4, Purposes oft thel LUC, and: meets the intent of the affordable! housing program, its regulations and standards as stated in the New Covenant Template recitals and the LUC Section 5-1305 and protects the affordable housing program while reducing future uncertainty; and WHEREAS, Subject Property Owners whol have executed the Covenant shalll be offered the Amendment to the Covenant that mimics the new language and is attached hereto asl Exhibit D NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of San Miguel County, Colorado, approves and adopts the amendment to the New Covenant Template, the Amendment Agreement for the current Subject Property Owners under the Covenant, and the San Miguel County Land Use Code Section 5-1305 H &I to establish a Schedule ofViolations and] Fines, as an enforcement option within the deed restrictions to encourage compliance with the  resolution as Exhibit A; and  public meeting, and relevant evidence andt testimony; and  but arei not: required to accept it.  rules oft the program and with the individual deed restrictions.  as follows:  (Additions are shown with underline. Deletions are shown with SHke-thrMgh)  Amended and Restated Deed Restriction and Covenant:  Section 9, Violations and] Remedies.  9.1  Notification of Violation. In the event an alleged violation of this Covenant: is discovered whether pursuant to aj procedure or provision herein, from a citizen complaint, or by other means, the. Administrator shall send a written notice ofs such violation to all Subject Property Owners oft the Subject Property, andi if applicable, to Occupants oft the Subject Property. Thei notice shalls state: (1)t thei nature of the alleged violation; (2) the specific provisions oft this Covenant that the Subject Property Owner and/or Occupant has allegedly violated; (3)()t the steps required byt the Subject Property Owner and/or Occupant to cure the violation; (i)t the fine associated with each alleged violation as required byt the Schedule of Violations and Fines, and any additional opportunity to cure before the fines or consequences escalate; (4)t the remedies that the County may pursue if the alleged violation is not cured; (5) thei reasonable timeframe within which the Subject Property Owner and/or Occupant must cure the alleged violation; (6) that the Subject Property Owner and/or Occupant has ai right toi request a hearing before the Administrator to determine the: merits oft the allegations and to discuss potential remedies; (7)t that the Subject Property Owner and/or Occupant must: notify the Administrator that he or she requests such al hearing nol latert than fifteen days after receiving the notice; and (8) that  BOCC: Resolution 2021-021 Page 2    vocusign Enveiope ID:  the alleged violation willl be considered conclusively determined against the Subject Property Owner and/or Occupant ift the Subject Property Owner and/or Occupant does not request such a hearing and fines shall continue to accrue until the violation is cured or the  maximum finel has been reached.  9.8  Schedule of Violation and Fines. The Schedule of Violations and] Fines referred  toi inj paragraph 9.1 above.was adopted pursuant tol Resolution 2021-021 and attached hereto as Exhibit A. Said Schedule of violations and Fines may be amended from time to time. A copy of the current Schedule ofViolations and Fines shall be available at SMRHA  and posted on the SMRHA website.  9.8.11 Fines imposed pursuant to the Schedule of Violations and Fines shall bei in  addition to all other potential and available remedies.  San Miguel County Land Use Code Section 5-1305  5-1305H. Violations  I  Thel Housing Authority may require at anyt time that an Owner verify within  five days ofs such request by the Housing Authority that: The Owner is a Qualified Owner and/or b. Any particular tenant is a qualified Employee.  a.  II. In the event an occupant of Affordable Housing does not or no longer qualifies as anl Employee, the Housing Authority may require that occupant  to: a. b.  Vacate rental Affordable Housing within 60 days, or re-qualify as Vacate. Affordable Housing he owns and causei itt tol be listed for sale pursuant to Section 5-1305 F. within one year, or re-qualify as an Int the eventa a violation is discovered, the Housing Authority shall provide a written notice ofviolation tot the Owner detailing the nature ofv violation. Said notice shall state that the Owner may request a hearing before the Housing Authority within 15 days from the date of notice of violation to determine the merits of the allegations and to discuss remedies of the violation. In addition, saidnotices shall advisei the alleged violator oft the fine associated with each alleged violation as required by the Schedule of Violations and Fines and any additional opportunity to  anl Employee within that period; or Employee within that] period.  II.  BOCCI Resolution 2021-021 |Page 3    vocuoignt Enveupel ID.  cure before the fines or consequences escalate. If the Owner fails to request a hearing, the violation is considered to be conclusively determined against the Subject Property Owner and/or Occupant and fines shall continue to accrue until the violation is cured or the maximum IV. Default by an Owner inj payments or other material obligations due or tol be performed under aj promissory: note secured bya a deed oftrust encumbering Affordable Housing ("Secured Obligations")! by an Owner shall constitute a violation oft this Section 5-1305 and of Section 1-1504 oft the San Miguel County Land Use Code. Bach Owner shall: notify the Housing Authorityi in writing immediately upon receipt by the Owner or his agent of any notification received from a lender, or its assigns, of past due payments or default in payment or other obligations due or to be performed under a promissory: note secured byaf first deed oft trust, as described herein, within five calendar days oft the Owner's notification from lender, ori its assigns, of  fine has been reached.  said default of past payments.  5-1305I  Remedies L  There is hereby reserved to the Housing Authority any and all remedies provided byl law and by Section 1-160 oft this Land Use Code for violation of this Section 5-1305 or any of its terms. Ini the event of litigation with respect to anyo or allj provisions ofthis Section, thep prevailing partyi ins such litigation shall be entitled to recover damages and costs, including II. In the event Affordable Housing is sold, transferred and/or conveyed without compliance with this Section 5-1305, such sale, transfer and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported transferee. Each and every conveyance of Affordable Housing, for all purposes, shall be deemed to include and incorporate by this reference all terms of this Section 5-1305, including but not limited to those provisions governing the sale, IL In the event an Owner fails to remedy any violation, the Housing Authority may resort to any and all available legal action, including but not limited to injunction or specific performance of this Section 5- 1305 requiring the sale of Affordable Housing by the Owner. The costs ofs such sale shall be charged against the proceeds of the sale, with In addition tot the remedies provided fori int this Section 5-1305L Remedies, the] Housing Authority shall impose fines for violations as outlined in the Schedule of Violations and Fines as adopted  reasonable attorney's fees.  transfer or conveyance of Property.  the balance being paid tot the Owner.  a.  BOCCI Resolution 2021-021 Page 4    vocusign Enveupe  pursuant tol Resolution 2021-XX and attached hereto as Exhibit A. Said Schedule ofViolations and] Fines may be amended from time tot time and shall bei reviewed every five years or more frequently as determined by the Housing Authority. A copy of the current Schedule of Violations and Fines shall be available at SMRHA and  posted on the SMRHA website.  IV. Nothing herein to the contrary withstanding, if an Employee Owner of Affordable Housing no longer qualifies to own Deed Restricted housing, based on the definition of Employee in Section 5-1305 B. and/or the Ownership Use and Occupancy. Regulations in Section 5- 1305 C. and fails to requalify within one year but continues to make all required principal and interest payments on an Affordable Housing ownership unit, he must offer thej property for sale, and he must accept abid equal to or exceeding, the aggregate of his () Original Purchase Price, plus (ii) Initial Construction Costs, if any, plus (in) Home Improvements Costs, if any, not to exceed 10 percent of the aggregate of the Original Purchase Price plus Initial Construction Costs, if any. As used in this Section 5-1305 IIV., "Original Purchase Price" means the gross amount paid by such Employee Owner to acquire the Affordable Housing ownership unit; "Initial Construction Costs" means, if and onlyift the Affordable Housing ownership unit when acquired by such Employee Owner was an unimproved lot, the gross amount paid by such Employee Owner to construct a dwelling unit on such unimproved lot and to obtain a certificate of occupancy for such dwelling unit, and "Home Improvement Costs" means the gross amount paid by such Employee Owner for improvements to such dwelling unit after issuance ofa certificate of occupancy for such dwelling unit. Real estate commissions, the Reall Estate Transfer Assessment (RETA), closing costs, appraisals, and any other costs not approved byt the Housing Authority shall not be allowed to be incorporated into the listing price once the one year requalification period has ended. The Owner shall not be required to accept a bid that requires the Owner toc carry back any portion of the purchase price by a note. If no bids are submitted that equal or exceed his original purchase price plus proven home improvements, he does not have to accept any, and he, his spouse and/or his children may continue to occupy the unit (without violating the provisions of Section 5-1305 H.IL.b.), provided that the Property continues to be offered for sale through a real estate broker licensed in the State of Colorado and any bid equal to or exceeding the Original Purchase Price plus Initial Construction Costs  plus Home Improvements Costs is accepted.  BE. ITI FURTHER RESOLVED, this resolution is adopted based on the finding that the proposed amendment complies with the standards ofLand Use Code Section 5-1802, Land Use  BOCC. Resolution 2021-021 Page5 5    Jocusign Enveiope  Code Amendments; is consistent with] Land Use Code Section 1-4, Purposes oft the Land Use Code; andi meets the intent oft the Guidelines, Rules and Regulations Governing Affordable Housing int the Telluride R-1 School District and furthers the County Affordable Housing DONE. AND. APPROVED by the Board ofCounty Commissioners of San Miguel County,  Program goals and prevents future uncertainty.  Colorado, on. July 7,2021.  SANI MIGUEL COUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS  DocuSignedby: By: lanu aring Lance Waring, Chair Vote: Hilary Cooper Kris Holstrom Lance Waring  Aye Nay Abstain Absent Aye Nay Abstain Absent Aye Nay Abstain Absent  ATTEST: By:  -DocuSignedby: Carmen Warfild E2AEDC39C63408  Carmen Warfield, Chief Deputy Clerk  BOCC Resolution! 2021-021 |Page 6    pocusign Enveiope ID:  EXHIBIT. A PUBLICHEARING RECORD  Board ofCounty Commissioners  Application: Land Use Code Amendment to Section 5-1305 H Violations & 5-1305 IRemedies, and an Amendment tot the. Amended. And Restated Deed] Restriction and Covenant Templates, anda an Amendment tot thel Executed. Amended and] Restated Deed Restriction and Covenants, to Adopta Schedule ofViolations and] Fines as an) Enforcement Option Within Thel Deed Restrictions tol Encourage Compliance with thel Rules oft thel Program and with the Individual Deed Restrictions. 1. San Miguel County) Land Use Code (Adopted 11/30/90) with all amendments to date (By 2. San Miguel County Comprehensive Development Plan (Adopted 8/3/78) with all amendments to 3. Memorandum tot the San) Miguel County Board of County Commissioners from] Lois Major, special counsel tot the San Miguel County Housing Authority dated. July 7, 2021. Minutes oft the. June 10, 2021 County Planning Commission meeting. 6. DRAFT Amended and] Restated Deed] Restriction and Covenant' Templates. tot the Sanl Miguel County Housing Authority dated. June 10, 2021.  Date:  July7,2021 Reference Only). date (By Reference Only).  4. Draft Resolution: No. 2021-021  7. Memorandum tot the San) Miguel County Planning Commission from Lois Major, special counsel 8. Public Hearing Notice published int the Norwood! Post and Telluride Daily Planet on. June 16,  2021. AGENCY COMMENTS PUBLIC COMMENT None OTHER None  9. Emailt tol Referral. Agencies sent] May 10, 2021  BOCC: Resolution 2021-021 |Page 7    vocusign Enveioper ID:  EXHIBITB  SCHEDULE OF VIOLATIONS. ANDI FINES  San Miguel County Housing Authority  APPROVED BYI RESOLUTION NO.2021-021 (SERIES OF 2021)  Effective. July 7, 2021  Violation  Fine per Maximum day $20.00 $25.00  Fine $140.00 $350.00  Failure tos submit: accurate: and all documentation required 1 to establish continued compliance by original deadline set Failuret tos submit accurate and all documentation required 2 toe establish continued compliance by second deadline set Failure tos submit: accurate and all documentation required 3 to establish continued compliance byt third deadline. setby 4 Failure to maintain eligibility (generally). 5 Failure to occupy unita ass sole and exclusive place of as required by Deed Restriction and/or) Regulations. 7 Purchasing and/or owning other developed residential propertyi in violation oft the deed restriction. 8 Advertising rental without mention of deed restriction status as required by Deed Restriction. 9 Failuret to get roommate approved prior tor move-in. occupancy by roommate ort tenant. 11 Rental of all or part ofal uniti in violation oft thel Deed Restriction, Regulations, and/or the SMCI LUC. 12 Use of premises for other than residential purposes. 13 Using deed restricted property asi income] producing 14 Creating an additional dwelling unit as defined int the SMC 15 Failuret to obtain approved Leave of Absence (LOA). 16 Submitting false/inaccuratei information (per offense). 17 All other violations nots specifically named. *AII Owners shalll beg given 14 daysf from! Notice of Violation by SMRHA1 too cure prior tot the assessment offines. *Violation and Fine Schedule willl ber reviewed and updated every fivey years ors sooner as determined by SMRHA  by SMRHA. by SMRHA. SMRHA. residence.  $30.00 $1,000.00 $20.00 $5,000.00 $20.00  $5,000.00  6 Failuret to workf full-time int the' Telluride R-1 School District $20.00 $2,000.00  $20.00 $2,000.00 $20.00 $25.00 $5,000.00  $2,000.00 $2,000.00 $5,000.00  10 Failure toj provide SMRHA with copy ofs signed lease priort to $20.00  $25.00 $100.00 $5,000.00 $100.00 $5,000.00 $100.00 $5,000.00 $20.00 $20.00  property. LUC.  $2,000.00 $750.00 $2,000.00  BOCC. Resolution 2021-021 Page 8    DocuSign Envelope ID:5  ATTACHMENT N  RESOLUTION OFTHE) BOARD OF COUNTY COMMISSIONERS, APPROVING. AN AMENDMENT TO' THE AMENDED ANDI RESTATED DEED RESTRICTION. AND COVENANT TEMPLATES. AND' THE SANI MIGUELCOUNTY LAND USE CODE: SECTION 5-1304' TO EXTEND' THE DEED: RESTRICTION COVENANTTO. AN ADDITIONALTERMI OF ONE HUNDRED (100) YEARS  SANI MIGUEL COUNTY, COLORADO,  THAT. RESETS. ATI EACH NEW' TRANSFER.  Resolution 2021-020  WHEREAS, San Miguel County, Colorado (the "County") has the authority to regulate the use and development of1 land located within the County according to the Colorado Constitution and WHEREAS,; pursuant tol Resolution 2002-2, the San Miguel Board of County Commissioners (BOCC) on March 27, 2002, approved the. Amended and Restated Deed Restriction' Template and Covenant (New Covenant) for use in conjunction with the County's affordable housing WHEREAS,; pursuant tol Land Use Code Section 5-1802, the BOCC on January 13, 2021, helda workshop to consider a draft amendment tot the New Covenant Template and the Land Use Code (LUC) Section 5-1304, R-1 Housing Deed Restriction and directed staff to prepare an amendment to thel New Covenant and to LUC Section 5-13041 to extend the deed restriction covenant to an additional term of 100 years thati resets ate each new transfer. WHEREAS, the draft amendment was referred to the County. Attorney; County Building Department; County) Planning Department; the Towns ofTelluride, Mountain Village, Norwood, Ophir and Sawpit; and the Sanl Miguel Regional Housing Authority and current and potentially WHEREAS, ati its regular meeting held on. June 10, 2021, the San Miguel County Planning Commission considered the proposed LUC amendment and unanimously recommended the WHEREAS, al Public Hearing Notice fort thej proposed New Covenant Template and LUC Amendment andt the BOCC meeting tol be held on. July 7,2021 was published in the Norwood WHEREAS, al list oft thei items included in the Public) Hearing Record is attached tot this WHEREAS, ati its regular meeting held on. July 7,2021, thel Board of Commissioners of San Miguel County, Colorado, considered the proposed New Covenant Template and LUC. Amendment, the: referral comments provided, public comments received prior to and during the  the Colorado Revised Statutes ("C.R.S."); and  program; and  impacted home owners' associations for review and comment; and Board of County Commissioners adopt thel LUC Amendment; and Post and the' Telluride Daily Planet on. June 16, 2021; and  resolution as] Exhibit. A; and  publici meeting, and: relevant evidence and testimony; and Board of County Commissioners Resolution: 2021-XX/Page 1    Docusign Envelopel ID:5  WHEREAS, thel BOCC: findst that thej proposed amendment complies with the standards ofLUC Section 1-4, Purposes oft the LUC, and meets thei intent oft the affordable housing program, its regulations ands standards as stated in the New Covenant Template recitals and the LUC Section 5-1305: and protects the affordable housing program while reducing future uncertainty. NOW, THEREFORE, BE: IT RESOLVED that the Board of Commissioners of San Miguel County, Colorado, approves and adopts the amendment tot the New Covenant' Template and the San Miguel County) Land Use Code Section 5-1304 to extend the deedi restriction covenant to an  additional term of1 100-years that resets ate each new transfer, as follows: (Additions are. shown with underline. Deletions are shown with stike-throigh) Amended and Restated Deed Restriction and Covenant:  Paragraph, 1.3 Term  The "Term" ofthis Covenant shall commence on the Effective Date and shall continue Date. ("Expiration Date-"). Atthe-eption ofthe County, the duration efthis-Covenant may-beextendedafer: thel Expiration! Date for an additional periedeffly(60years paw---wy proposed extension-Any-otheramendment mastheagedoinwrinwilimglyalPatiesas, provided fori in this Covenant.  until May-18,2042-  one hundred (100) years from the Effective  San Miguel County Land Use Code Section 5-1304  The following deed restriction shall be imposed on each parcel of real property designated as Affordable Housing pursuant to Section 5-1305 oft the San Miguel County Land Use Code.  5-1304  Deed Restriction  Subject Property: (Legal Description) ("Property")  The ownership of the Property is hereby limited exclusively to Employees and their spouses maintaining primary and sole Residence in San Miguel County, Montrose County, Ouray County or Dolores County, Colorado, and to certain other persons and entities as permitted in Section 5-1305 of the San Miguel County Land Use Code, and the. use and occupancy of the Property is hereby limited exclusively to such Employees who earn their incomes primarily within the Telluride R-1 School District and their spouses and children. Ownership, use and occupancy of the Property is subject to such definitions, exceptions and qualifications specified in Section 5- 1305 of the San Miguel County Land Use Code, including but not limited to the  following:  In the event Affordable Housing is sold, transferred and/or conveyed without compliance with Section 5-1305 oft the San Miguel County Land Use Code, such sale, transfer and/or conveyance shall be wholly null and void and shall confer  Board of County Commissioners Resolution 2021-020/Page 2    DocusignE Envelopel ID:5 E30AE624BC9468F-8FB03SEIA09AD6  no title whatsoever upon the purported transfereè. Each and every conveyance of Affordable Housing, for all purposes, shall be deemed to include and incorporate by this reference all terms of that certain Section 5-1305, including but not limited to those provisions governing the sale, transfer or conveyance of  property.  The foregoing restriction on ownership, use and occupancy constitutes a covenant that runs fifly(50) one hundred (100) years from the date of reeerdation-with- the titlete purchase of the Property as a burden thereon for the benefit of the Board of County Commissioners of San Miguel County, Colorado, or its designee, and shall be binding on the Owner, and on the heirs, personal representatives, assigns, lessees and licensees and any transferee of. the Owner. The dmsr-dF-rictor-amtcwenstaa extendf foraminitialperiedefay60Pwsamsatleepiomafaefhe-BeardeCesnty Commisionets-af-San-Migl-Camgrer-de-mwrle-etemded-fer-am déitiomalperiodeffi0ysalerpnbiehearingend: comment on the-preposed extension- The 100-year term shall begin anew upon each sale. transfer, and/or conveyance. This restriction and covenant shall be administered by the Board of County Commissioners of San Miguel County, Colorado, or its designee, and shall be enforceable by any appropriate legal or equitable action, including but not limited to specific performance, injunction, abatement or eviction of non-complying Owners, users or occupants, or such other remedies and penalties as may be specified in Sections 1-16 and 5-1305 oft the San Miguel County Land Use Code, or under law. Notwithstanding the foregoing, this Deed Restriction shall automatically terminate upon the failure to exercise the Option to Purchase the Property granted in any Option to Purchase Affordable Housing by and between the San Miguel County Housing Authority and the holder ofai first mortgage and subsequent issuance ofa public trustees deed to the holder of a promissory note or governmental agency guaranteeing, insuring or acquiring the note (except San Miguel County, the Housing Authority or any successor, a Project Developer as defined in the Land Use Code or any non-profit affordable housing corporation) secured by a first deed of trust encumbering the Property. The date of termination shalll bet the date ofrecording thel Public' Trustee's Deed conveying thel Property. In addition, San Miguel County expressly reserves the right to terminate this Deed Restriction ast tot the Property upon recordinga' Termination. Agreement in the office ofthe Clerk and Recorder of San Miguel County executed by all of the then owners of the  Property and the Board of County Commissioners.  BEITI FURTHER RESOLVED, this resolution is adopted based ont the finding that the proposed amendment complies with the standards ofLand Use Code Section 5-1802, Land Use Code Amendments; is consistent with Land Use Code Section 1-4, Purposes of the Land Use Code; andi meets the intent oft the Guidelines, Rules and Regulations Governing Affordable Housing in the' Telluridel R-1 School District and furthers the County Affordable Housing  Program goals and prevents future uncertainty.  Board of County Commissioners Resolution 2021-020/Page! 3    DocusignE Envelopel ID:5 GE3OAE624BC8-68FP88FB033EIA098D6  DONE. AND APPROVED by the Board of County Commissioners of San Miguel County,  Colorado, on. July7,2021.  SANN MIGUELCOUNTY, COLORADO BOARD OF COUNTY COMMISSIONERS  Docusignedby: By: launu aring F8BFEH94839438: Lance Waring, Chair Vote: Hilary Cooper Kris Holstrom Lance Waring  Aye Nay Abstain Absent Aye Nay Abstain Absent Aye Nay Abstain Absent  ATTEST: -Docusignedby: Carmen Warfild By:  Carmen Warlield, Chief] Deputy Clerk EXHIBIT. A -Public Hearing Record  Board of County Commissioners. Resolution 2021-020/Page- 4    DocuSign Envelopel ID:  EXHIBIT A PUBLIC: HEARING RECORD  Board of County Commissioners  Application: Land Use Code. Amendment tot the Amended and Restated Deed Restriction and Covenant Templates (New Covenant) andt tol Land Use Code (LUC) Section 5-1304, R-1 Housing Deed Restriction, to extend the deed restriction covenant to an additional term of one  hundred (100) years that resets ate eachi new transfer.  Date:  July7,2021 Reference Only).  1. Sanl Miguel County Land Use Code (Adopted 11/30/90) with all amendments to date (By 2. San Miguel County Comprehensive Development Plan (Adopted 8/3/78) with all 3. Memorandum tot the San Miguel County Board of County Commissioners from Lois Major, special counsel to the San Miguel County Housing Authority dated July 7,2021.  amendments to date (Byl Reference Only).  4. Draft Resolution No. 2021-020  5. Minutes oft the. June 10, 2021 County Planning Commission meeting.  5. Draft Amended and Restated Deed] Restriction and Covenant Template dated. July7,  2021.  7. Draft] Land Use Code Amendment dated. June 10,2021.  8. Memorandum tot the Sanl Miguel County Planning Commission from] Lois Major, special counsel to the San) Miguel County Housing Authority dated. June 10, 2021. 9. Public Hearing Notice published in the Norwood. Post and Telluride Daily Planet on June  16,2021. AGENCY COMMENTS PUBLIC COMMENT None OTHER None  10. Email tol Referral Agencies sent. May 10, 2021  Board of County Commissioners Resolution 2021-020/Page 5