SAN MIGUEL COUNTYPLANNING COMMISSION  MINUTES - REGULAR MEETING  May/12,2022  Norwood Public Library 1455 Pinon St. and Online Meeting  Present:  Lee Taylor, Chain Josselin Litton-Zoline, Vice-Chair M.J. Schillaci, Secretary Ian Bald, Member Tobin Brown, Sr. Alternate Matthew Bayma, Member Kaye Simonson, Planning Director John Huebner, Senior Planner Troy Hangen, Senior Planner  Absent:  Planning Staff Present:  County Staff Present:  James Van Hooser, Assistant County Manager Ryan Righetti, Road & Bridge Superintendent Amy Markwell, County Attorney Nancy Hrupcin, Legal Assistant, County Attorney's Office  8:45 a.m. Site Visit: 200 Front St. Placerville 9:30 a.m. Site Visit: CR 44Z S, Norwood 10:30 a.m. Chairo called the meeting to order. 10:32 a.m. Break - Technical Difficulties  10:41 a.m. Reconvene  PUBLIC HEARING: LAND USE APPLICATION  Applicant: Location: Parcel Size: Proposal:  TFS Ventures LLC (Roby Peabody)  200 Front Street, Placerville (readdressing to 150 Grigg Ave) Special Use Permit for a Forestry Trade Business.  .17 acres  Zone District: Placerville Commercial Those who addressed the commission: Roby Peabody- Applicant  Roby Peabody, owner ofTelluride Forestry Solutions (TFS) has submitted an application requesting approval ofa a Special Use Permit for a' Trade Business, specifically a Forestry Business. Mr. Peabody purchased the property to run his business out ofthe structure on the north oft the parcel and house employees in the existing residential structure. The adjoining lot,  1Page    210 Front Street, was also purchased tol house additional employees for TFS. The property was previously addressed to Front Street, but the address is being changed to Grigg Avenue to match the access location. Aj property can only have one access point and must be addressed to that The business is a full-service forestry health and tree removal company. TFS proposes to use the parcel, mainly the existing structure on the northern portion oft the lot, as a shop to store and repair the company's equipment. A new driveway off Grigg Avenue is being proposed to park the company's trucks, chippers, track loaders, and trailers. The existing residence on the parcel is being proposed to house employees for' TFS. A new OWTS, to serve both 150 Grigg Avenue and 210 Front Street is being installed. An easement and agreement for the shared OWTS will be There will be no water and sewer service to the structure on the northern portion oft the lot. Itisa nonconforming structure, located partially in the right-of-way, and while it can be maintained, it cannot be improved. Therefore, employees will use bathroom facilities in the house. Mr. Peabody expressed his desire to increase the bed base in the community and provide housing for his employees but noted that ifthere are rooms available and no employees are interested, The commission then discussed the word employees VS. tenants and asked ifthe access to the house facilities ceases, can the TFS use cease. Ifthe owner ceases to rent the house to employees, the Trade Shop use must cease unless/until the owner finds an established acceptable alternative solution. Port-a potties are ai temporary solution and are not acceptable as a long-term It was asked about the driveway design, which will be graded to reestablish drainage and finished with gravel. Ryan Righetti added that the driveway is to mitigate traffic from Front Street. Ian Bald raised concern about not being able to see around vehicles that are parked there. It was agreed to add to the motion that there will be no TFS parking on Front Street. Public Notice was published and notice was also mailed to all property owners within 500 feet of Notice was sent to referral agencies. Amy Markwell, County Attorney commented that it should require a Revocable Encroachment Agreement: regarding the "workshop" that is in the County ROW. Ryan Righetti, SMC Road & Bridge Director stated that a new driveway will be allowed off Grigg Avenue and the Revocable Encroachment Agreement will need to be approved and recorded prior to approval oft the One-Step Land Use Application. Matt Gonzales, SMC Building Official said they should be contacted prior to any construction/remodel/improvement activities. The one public comment received from neighbor Samantha Samuelson was in support.  location.  needed.  rooms may be rented to non-employees.  solution.  the property on April 15, 2022.  11:04 a.m. Open for Public Comment  No comments  2Page    11:05 a.m. Closed to Public Comment  MOTION by Tobin Brown to approve the Telluride Forestry Solutions Special Use permit fora Trade Business, based on the finding that the uses as proposed in the application are consistent with and comply with the review standards in Land Use Code 5-311 D., Uses Allowed Subject to aOne-Step Planning Commission; Section 5-10, Special Uses; and the County Master Plan, with the following conditions, including an amendment to #1 and the addition off #9: 1) As long as TFS owns the house and rents it to their employees/tenants, those  employees/tenants shall be advised in the leases oft the bathroom usage. IfTFS access to the house ceases, the business shall cease until adequate bathroom facilities are provided. 2) An easement, approved by the Planning Department, shall be recorded with the Clerk and Recorder prior to the CPC resolution being recorded for a shared onsite wastewater treatment system (OWTS) that will be serving 201 Front Street and 200 Front Street (future 150 Grigg 3) Al Road and Bridge Driveway permit for access offa County road (Grigg Ave.) shall be obtained and all conditions shall be met prior tol Land Use Application approval. Gravel or othera all-weather dust-free surface shall be used in the parking area/driveway. 4) There shall be no vehicle or equipment repairs outside the building on nights or weekends. 5) Submit a plan for the containment and elimination ofh hazardous materials and liquids. 6) The Applicant shall enter into a Revocable Encroachment Agreement with the County and record with the Clerk and Recorder prior to the CPC Resolution recorded for the structure in the Second Street right-of-way. The Applicant shall provide a Certificate ofInsurance stating the County as named insured annually. Should the County require removal of the structure from the right-of-way, this SUP shall be void and all commercial activity shall 7) This SUP is issued to Telluride Forestry Solutions and does not run with the land. 8) All written representations of the applicant in the original submittal and all supplements, letters and emails are deemed to be conditions ofapproval, except to the extent modified by  Avenue).  cease.  this Motion.  9) No TFS vehicles shall park on Front Street.  SECONDED By Josselin Lifton-Zoline. VOTE PASSED 5-0  Leel Taylor lan) Bald M.J. Schillaci Tobin! Brown  Aye Nay Abstain Absent Aye Nay Abstain Absent Aye Nay Abstain Absent Aye Nay Abstain Absent  Josselin Lifton-Zoline Aye Nay Abstain Absent Matthew Bayma Aye Nay Abstain Absent  3Page    Scott Shur, owner ofthe property to the north asked to comment.  Lee Taylor reopened the public comment. Mr. Shur asks for clarity regarding the parking on Front Street. Ryan Righetti replied that the congestion is an issue in the commercial area on Front Street and the proposal is to mitigate that congestion. The new legal access to the property  has been moved to Grigg Street as part of that mitigation. PUBLICHEARING: LAND USE APPLICATION Applicant: Carolyn and William Fox Location: Parcel size: 496 acres Zone District: Forestry, Agriculture, Open (F) Proposal:  11:12 a.m. Reclosed Public Comment  7725 County Road 44ZS, Norwood  Special Use Permit to construct a 12,000 square feet cover (Accessory Structure) over the existing equine riding arena. MOTION  Those who addressed the commission: Carol & William Fox via video  Troy Hangen, Senior Planner, presented the application submitted by William and Carolyn Fox for a Special Use Permit for an Accessory Structure with a footprint greater than 3,000 sf. The proposed structure will be over a portion of their existing horse arena. The 12,000 square foot (80' X 150') arena roof will cover aj portion of an existing outdoor horse arena. The roof will provide a shade in the summer and shelter from the snow in the winter. Iti is to be made ofa white flexible material and the structure itselfwill be engineered to meet all required Building Code specifications. Openings on all sides will allow air circulation to flow throughout the structure. There will be no lighting, water, or sewer service to the structure as it will only be  used during daylight hours.  Notice oft the Public Hearing was published  -0-9- and posted and notice was mailed to all property owners within 500 feet oft the property. Referral agencies were also noticed. Starr Jamison, San Miguel County Natural Resources and Special Projects Director requested that construction not commence before. July 1 since the project will occur within Gunnison sage-grouse mapped occupied habitat.  There were: no questions from the commission. 11:21 a.m. Open to Public Comment 11:22 a.m. Closed to Public Comment  No comments.  MOTION by Josselin Lifton-Zoline to approve the Fox Special Use Permit for an Accessory Structure with a footprint greater than 3,000 square feet and adopt Resolution #2022-03, based on the findings that the use as proposed is consistent with Land Use Code 5-307 D, Uses  4/Page    Allowed Subject to One-Step Planning Commission, Special Use Review; 5-10, Special Uses;  and the County Master Plan, with the following conditions:  1. 2.  Construction shall not commence prior to July 1 in order to protect the Gunnison sage-grouse mapped production area and occupied habitat. All written representation of the applicant in the original submittal and all supplements, letters and emails are deemed to be conditions of approval, except to  the extent modified by this Motion.  SECONDED by Tobin Brown. VOTE PASSED 5-0.  Lee Taylor Ian Bald M.J. Schillaci Tobin Brown  Aye Nay Abstain Absent Aye Nay Abstain Absent Aye Nay Abstain Absent Aye Nay Abstain Absent  Josselin. Lifton-Zoline Aye Nay Abstain Absent Matthew] Bayma Aye Nay Abstain Absent  11:24 a.m. Break 11:29 a.m. Reconvene  LAND USE CODE. AMENDMENT REVIEW AND RECOMMENDATION Amending LUC Section 5-13, Accessory Dwelling Units and Affordable Housing pertaining tor monetary Impact Fees paid for Residential Development and tol Mitigation requirements to construct employee housing unit(s) for Residential Development. MOTION John Huebner, Senior Planner, presented a review oft the LUC. Amendment regarding residential impact fees. He reiterated the history oft the impact fees, along with the proposed fee structure. Based on the new analysis, ai new: fee structure would be created that isi intended to promote capital projects that will further Community Housing goals and policies to assist in the construction of workforce housing. Some ofthe recommended updates include an increase to a 90% mitigation fee for dwellings 4,001 s.f. and greater, to use ai minimum of4 400 square feet per employee, and exempt mitigation on residences from 1 to 1,799 s.f. Finally, the mitigation rate: for dwellings between 1,800 to 4,000 s.f. would be graduated. There would be ac credit applied toward the impact fee if an Employee Housing Unit would be constructed. The impact fee only applies to the R-1 School District and the units have to be built ini the R-1 One oft the big changes would be that future built Accessory Dwelling Units will be subject to Deed Restriction. In regards to Caretaker Units, the impact fee will apply unless they are subject to the Deed Restriction. The main purpose is to build Deed Restricted units that will Another big change is the 5-1303G XV Table with the current 37% mitigation rate increasing and based on a graduated level according to square feet built. The rate will increase up to 90%.  District.  have occupancy.  as the square footage reaches over 8,000 square feet.  5Page    The calculation would be put in an Appendix to allow for easier updates. Ift the rate changed Ifa Deed Restricted Unit were added to a property, the fee would be waived for the mitigation equal to the size oft the unit. Additionally, for multi-family units, there would be no fee, and There were also some modifications to the definitions. In addition, Appendix B would be where the calculations are to bel housed and each year sales would be updated, analyzed and Notice was published and sent as required. There were no public comments received. The commission asked if any of the fees apply to existing structures. They are not. Itv was asked when would the Amendment would become effective. Kaye Simonson, Planning Director said that once the BOCC approves there will be some outreach, such as a display ad in the: newspaper with an approximately 30-day timeframe to implement the policy. It was also asked about the Town ofTelluride policies. James Van Hooser, Assistant County Manager confirmed that TOT did adopt a 90%1 mitigation rate with no breaks. John Huebner added that the Town of Mountain Village is contemplating a 60% residential rate, to be  in the future, the threshold square footage could change.  units would need to be built on-site.  then the fees updated accordingly.  adopted over four years at 25% increments.  The commission asked ift the required mitigated building could be done off off-site ift there is a site available, but there is limited land available. It was discussed that this restriction does change how people are allowed to use their property. Aj property owner would never be allowed to build an ADU unit unless it was Deed Restricted. It was also clarified that each improvement is assessed separately on its square footage, not combining the square footage of all the improvements on aj property. Also, renovations do not trigger impact fees ift there is no increase in square footage. James Van Hooser added that the Town ofTelluride's definition of demolition is if40% of exterior walls are removed, that triggers a 'new construction' designation with new: fees being imposed. The commission debated the degree that would  trigger new construction on a remodel.  1:09 p.m. Break 1:31 p.m. Reconvene  The commission discussed various scenarios. Staffnoted that there are three scenarios to be considered: payment of the mitigation fee only; payment oft the mitigation fee with an option tor mitigate through the provision ofa deed-restricted ADU or caretaker unit in lieu ofs some or all of the fee; or requiring mitigation with payment ofi fees ift the mitigation square footage  requirement exceeds that oft the unit being provided. 2:18 p.m. Open to Public Comment  6Page    No Comments  2:19 p.m. Closed Public Comment  MOTION by M.J. Schillaci to move to recommend to the Board of County Commissioners to adopt the San Miguel County Affordable Housing Methodology report and the amendment to the San Miguel County Land Use Code Section 5-13, Accessory Dwelling Units and Affordable Housing, with associated amendments to LUC Articles 5 Standard and 61 Definitions, based on the finding that the proposed amendments comply with the standard ofLand Use Code Section 5-1802, Land Use Code Amendments, is consistent with Land Use Code Section 1-4, Purposes oft the Land Use Code, and implements the Land Use Code Policies for Housing as contained in Consider amending the proposed LUC amendment to allow construction ofan ADU or Caretaker Unit without deed restriction when the total floor area oft the principal dwelling plus the ADU/Caretaker unit is less than 4,000 s.f. and when the floor area of the ADU Caretaker unit is less than 50% oft the floor area for the principal dwelling. The Affordable Housing mitigation  Section 2-19 and with the following direction:  fee shall be paid for the total floor area ofboth dwellings. SECONDED by Josslin Lifton-Zoline. VOTE PASSED 5-0.  Lee Taylor Ianl Bald M.J.Schillaci Tobin Brown  Ave Nay Abstain Absent Ave Nay Abstain Absent Aye Nay Abstain Absent Aye Nay Abstain Absent  Josselin Lifton-Zoline, Aye Nay Abstain Absent Matthew Bayma Aye Nay. Abstain Absent  APPROVAL OF MINUTES Deferred until next meeting  PLANNING COMMISSION AND STAFF COMMENTS  Kaye Simonson updated the commission on current and upcoming projects and issues.  2:25 p.m. Adjourned.  Respectfally Submitted,  Narcy Hrypcin, Legal Assitant, County Attorney  Approved on June 9, 2022.  SANI MIGUEL COUNTY PLANNING COMMISSION  Vase M.J. Schillaci, Secretary  eicreclsci  ltrdetsplamingPaming CommissionPCI Mimutes2022pe5.1222.minutes.docx"  7Page