SAN MIGUEL COUNTY PLANNING COMMISSION MINUTES-REGULAR MEETING May 11,2023 Online Meeting Present: Lee Taylor, Chair Josselin Lifton-Zoline, Vice-Chair Ian Bald, Member Matthew Bayma, Member Tobin Brown, Sr. Alternate M.J. Schillaci, Secretary Galena Gleason, Alternate Kaye Simonson, Planning Director John Huebner, Senior Planner Nicola Kerr, Planning Technician Matt Gonzales, Building Official Amy Markwell, County Attorney Rachel Allen, Assistant County Attorney Nancy Hrupcin, Legal Assistant Absent: Planning Staff Present: County Staff Present: 9:00 a.m. Site Visit Cancelled Due to bad weather 10:00 a.m. Chair called the meeting to order. APPROVALOF MINUTES verify the vote tallies. SECONDED by Ian Bald MOTION by Tobin Brown to approve the April 20, 2023 minutes with direction to staff to PASSED 4-0 Lee Taylor Ian Bald M.J.Schillaci Josselin Lifton-Zoline Matthew Bayma Tobin Brown Galena Gleason Ave Nay Abstain Absent Aye Nay Abstain Absent Aye Nay Abstain Absent Ave Nay Abstain Absent Aye Nay Abstain Absent Ave Nay Abstain Absent Aye Nay Abstain Absent PLANNING COMMISSION AND STAFF COMMENTS RFQ to update the Land Use Code for Natural Resources. There have been two responses and interviews are scheduled. Kaye Simonson, Planning Director asked for a Planning Commission member to serve on the RFQ panel. Josselin Lifton-Zoline volunteered. Design Workshop is working on the East End Master Plan draft. There will be a joint meeting with the EEMP Advisory Committee and Planning Commission on June 8. The State Legislature did not pass the housing bill, sO there are no mandates fora regional housing needs assessment. SMC may want to budget for this in the future. 1Page There will be a community meeting in Norwood regarding a potential Solar Farm development inl Norwood on May 16 at' 7:00 p.m. It would connect to Tri-State, not SMPA. There currently is no application. 10:15A.M. PUBLICI HEARING: LAND USE APPLICATION Applicant: Mark Shambaugh, MOMAS LLC Location: Lots 4 and 5, Golden Ledge Subdivision Zone District: Forestry, Agriculture and Open (F) Proposal: Social and Scenic Uses Special Use Permit Parcel size: 70 acres John Huebner, Senior Planner, presented the application from Mark Shambaugh, General Manager OfMOMASLLC: for a Special Use Permit for Social and Scenic Uses to allow Weddings and Special Events on his property. A number of weddings and special events attended by the public have occurred at these properties, despite not having obtained the necessary approvals from the County. They are proposing 3 major events from June 1- Oct 1 with two hundred (200). guests or fewer. There will be tents temporarily set up: for each event. Guests will be shuttled, with no personal vehicles, to mitigate traffic impacts. The commission discussed ift the conditions were the same as the other SUPS in the area. The applicant, Mark Shambaugh, spoke of! being sensitive to the vegetation in the area, and that tents will come down after each separate event. The Commission discussed the visual impacts of tents; and access for fire services. The Commission recommended an annual review to discuss impacts on the area. 10:30 a.m. Matt Bayma joined the meeting 10:43 a.m. Chair opened Public Comment Ashley Story - concerned past events were larger than 200 people. Asked about cumulative effects of three events in the area on one weekend. 10:47 a.m. Closed Public Comment regarding the scheduling ofe events. In response to Ashley's comments, Mark stated he was willing to communicate with her There was a discussion ofl Building requirements for a temporary structure such as a tent. Ifthe structure is up for more than 180 days, that triggers a different Building Code standard. The applicant would need a Building Permit, even: for a temporary structure, each time ai tent is put up. The Commission was in favor ofthe least burdensome process possible for permitting. MOTION by Josselin Lifton-Zoline to approve a Special Use Permit (SUP): for Social and Scenic Uses to allow weddings and special events ("Events") for Mark Shambaugh, MOMAS Investment LLC("Applicant"), on the lower area ofLots 4 and 5, Golden Ledge Subdivision (the 2IPage "Property"), zoned Forestry, Agriculture and Open (F) as presented, based on the finding that the proposed use complies with the following Land Use Code (LUC) standards: Section 5-307D. XII. Social and Scenic Uses, Section 5-10, Special Uses, Section 5-407, Wildlife Habitat Areas, 1. This Special Use Permit (SUP) is issued to the Applicant, Mark Shambaugh, MOMAS Investment LLC, and does not run with the Land and is not transferable. and subject to the following conditions: 321 The use oft the property shall be limited to the areas shown on the site plan. There shall be 3. Prior to commencing the approved uses oft the events venue, the Applicant must submit a Development Permit application with a complete set of plans and be issued a Development Permit by the Planning Department; and must submit a Building Permit application with a complete set of plans to the Building Department, and be issued a 4. The SUP application as represented indicates that the Applicant is not planning or proposing to construct any new buildings or structures specifically to house or facilitate 5.. An events safety plan shall be finalized and signed off by the Telluride Fire Protection 6. Events are to occur at the lower area of property, as a seasonal use, between June 1 and 7. The maximum number of full-day events that may be held shall be limited to three (3) per 8. Ifthe event is planned to have more than 30 persons, or ifthe event includes having a bar tos serve guests alcohol, the wedding party or event planner shall make arrangements for carpooling guests in vans, i.e., commercial shuttle services, to attend events at Lots 4 and 5,Golden Ledge Subdivision. These services will originate in the Towns of Telluride and Mountain Village and/or Lawson Hill and run with sufficient frequency to serve the needs 9.All parking for events shall be provided on the property and not within a County Road 10. Music from bands or amplified music stop at 11:00 p.m. and events shall stop no later than midnight (12:00. AM). The applicant (Mark Shambaugh) will make a good-faith effort to reduce the impact of noise on neighbors from amplified music at the events venue. Noise levels shall not exceed 60 decibels at property lines. It shall be the responsibility of the applicant to ensure noise levels are not exceeded. no further development and use without County Planning approval. Building Permit and complete all proposed improvements. weddings or other types of events identified herein. District Fire Marshal. October 15. calendar year. oft the attendees. Rights-of-Way or Mountain Flower Drive. 3IPage 11. The Applicant is providing the location for these events and is also responsible for catering, providing sanitary facilities (portable restroom and handwashing facilities), arranging for trash service and packing out trash, and using signs to direct guest to the venue. Itist the Applicant's responsibility to ensure all conditions ofapproval are met. 12. The Clients oft the Applicant are required to meet all county and state regulations regarding the provision of food and beverage service, i.e., food and liquor licenses, at the 13. The use ofbear-proof trash cans and dumpsters shall be utilized on the property. 14. Any and all events at the venue shall comply with the applicable provisions of Fire Restrictions that may be inj place at the time ofa a wedding or event. 15.. Any and all events at the venue shall comply with the applicable provisions of Fire Restrictions that may bei inj place at the time ofa a wedding or event. 16. There shall be an annual review one (1)year after the date ofa approval ofthis SUP (May 2024). The CPC may make a determination in its discretion ift there is ai need for additional ongoing annual reviews, or periodic reviews of the terms and conditions of the property. SUP in the future. SECONDED by Tobin Brown not be up: for more than three days. There was additional discussion about rental tents broken down after each event. The tent would AMENDMENT by Lee Taylor for the "removal ofa temporary structure in ai reasonable time". AMENDMENT ACCEPTED by Josselin and' Toby PASSED 5-0 Lee" Taylor Ian Bald M.J.Schillaci Josselin Lifton-Zoline Matthew Bayma Tobinl Brown Galena Gleason Ave Nay Abstain Absent Ave Nay Abstain Absent Aye Nay Abstain Absent Ave Nay Abstain Absent Ave Nay Abstain Absent Ave Nay Abstain Absent Aye Nay Abstain Absent BUILDING CODE AMENDMENT RECOMMENDATION Colorado Revised Statutes say that amendments to the Building Code need a recommendation Matt Gonzales, Building Official gave the background that the County is using the 2018-ICode currently, as are the other four jurisdictions. State law says that any amendments after July 1 would trigger adopting the 2021 Energy Code. While we will eventually move to that code, SMC: and the otherj jurisdictions are currently all operating under the 2018 standards. So,it makes sense to add these amendments to the code now, prior to the July 1 deadline. Matt outlined the recommended changes that have been reviewed and discussed with the Board of from the County Planning Commission. Review. 4IPage Solar-ready provisions to retrofit buildings for solar panels when certain criteria are Refine some language surrounding wildfire-resistant construction code Construction mitigation measures for maintaining organized and safej job sites. Square footage thresholds to align with thel LUC's2000 s.f. threshold for impact fees. Clarifying ventilation rate when calculating ERI/HERS scores Appendix Q addressing Tiny Homes. There is state legislation coming up that will make at tiny home more. like a modular/mobile home with a plaque on the house identifying Appendix R & S giving more options to use straw-clay construction. present compliance for code standards. 11:31 a.m. Open to Public Comment 11:32 a.m. Closed Public Comment MOTION by Tobin Brown to recommend to the Board of County Commissioners to approve the Building Code Amendments as outlined in Matt Gonzales' memo. SECONDED by Josselin Lifton-Zoline PASSED 5-0 Lee" Taylor Ianl Bald M.J. Schillaci Josselin Lifton-Zoline Matthew Bayma Tobinl Brown Galena Gleason Ave Nay Abstain Absent Ave Nay Abstain Absent Aye Nay Abstain Absent Ave Nay Abstain Absent Ave Nay Abstain Absent Ave Nay Abstain Absent Aye Nay Abstain Absent EAST END MASTER PLANUPDATE Update of survey results on website. some community events. 75% of plan draft should be done and on the website by end of] June, followed up by June meeting will be aj joint CPC and EEMP Advisory Group meeting. 11:40a a.m. Adjourned. . Respegtfully Submitted, E Nancy Willis/Legal Approved on 2023. 5/ SANI MIGUEL COUNTY PLANNING COMMISSION haibechai M.J.S SchillaƩi/Secretary PC Planning CommissioniPC Minutes2023pe.523.minutes.docx) 5Page