Town Council Regular Meeting Tuesday, November 13, 2018, 7:00 PM Council Chambers 150 Ski Hill Road Breckenridge,

*Report of the Town Manager, Report of the Mayor and Council Members, Scheduled Meetings, and Other Matters are topics listed on the 7:00 pm Town Council Agenda. If time permits at the afternoon work session, the Mayor and Council may discuss these items.

I. CALL TO ORDER, ROLL CALL

II. APPROVAL OF MINUTES A. TOWN COUNCIL MINUTES - OCTOBER 23, 2018

III. APPROVAL OF AGENDA

IV. COMMUNICATIONS TO COUNCIL A. CITIZEN'S COMMENT (NON-AGENDA ITEMS ONLY; 3-MINUTE TIME LIMIT PLEASE) B. BRECKENRIDGE SKI RESORT UPDATE C. BRECKENRIDGE TOURISM OFFICE UPDATE

V. CONTINUED BUSINESS A. SECOND READING OF COUNCIL BILLS, SERIES 2018 - PUBLIC HEARINGS 1. COUNCIL BILL NO. 28, SERIES 2018 - AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH OFPERS PARTNERS L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AND DILLON COMPANIES, LLC, A KANSAS LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN COLORADO (City Market Expansion) 2. COUNCIL BILL NO. 29, SERIES 2018 - AN ORDINANCE DESIGNATING CERTAIN REAL PROPERTY AS A LANDMARK UNDER CHAPTER 11 OF TITLE 9 OF THE BRECKENRIDGE TOWN CODE (Noble House – Lot 7, Block 13, Abbett Addition to the Town of Breckenridge) 3. COUNCIL BILL NO. 30, SERIES 2018 - AN ORDINANCE AMENDING THE BRECKENRIDGE TOWN CODE BY ADOPTING THE MUNICIPAL OFFENSE OF MISUSE OF TRASH RECEPTACLE

VI. NEW BUSINESS A. FIRST READING OF COUNCIL BILLS, SERIES 2018 1 1. COUNCIL BILL NO. 31, SERIES 2018 - AN ORDINANCE SETTING THE MILL LEVY WITHIN THE TOWN OF BRECKENRIDGE FOR 2019 B. RESOLUTIONS, SERIES 2018 C. OTHER 1. 2019 PROPOSED BUDGET AND 2019-2023 CAPITAL IMPROVEMENT PLAN PUBLIC HEARING

VII. PLANNING MATTERS A. PLANNING COMMISSION DECISIONS B. MCCAIN MASTER PLAN TOWN PROJECT

VIII. REPORT OF TOWN MANAGER AND STAFF

IX. REPORT OF MAYOR AND COUNCIL MEMBERS A. CAST/MMC (MAYOR MAMULA) B. BRECKENRIDGE OPEN SPACE ADVISORY COMMITTEE (MR. BERGERON) C. BRECKENRIDGE TOURISM OFFICE (MS. WOLFE) D. BRECKENRIDGE HERITAGE ALLIANCE (MS. GIGLELLO) E. BRECKENRIDGE CREATIVE ARTS (MS. LAWRENCE) F. BRECKENRIDGE EVENTS COMMITTEE (MS. GIGLIELLO)

X. OTHER MATTERS

XI. SCHEDULED MEETINGS A. SCHEDULED MEETINGS FOR NOVEMBER AND DECEMBER

XII. ADJOURNMENT

2 TOWN OF BRECKENRIDGE TOWN COUNCIL REGULAR MEETING Tuesday, October 23, 2018 PAGE 1 1 of 5

I) CALL TO ORDER, ROLL CALL Mayor Mamula called the meeting of October 23, 2018 to order at 7:00 pm. The following members answered roll call: Ms. Lawrence, Mr. Carleton, Mr. Bergeron, Ms. Gigliello, Ms. Wolfe, Mr. Gallagher and Mayor Mamula.

II) APPROVAL OF MINUTES A) TOWN COUNCIL MINUTES - OCTOBER 9, 2018 With no changes or corrections to the meeting minutes of October 9, 2018, Mayor Mamula declared they would stand approved as submitted.

III) APPROVAL OF AGENDA Mr. Holman stated there was one change to the agenda, which was to add Resolution No. 21, Series 2018 in support of the Red, White and Blue Fire Protection District ballot issue, noting that Council should refer to the copy of the resolution handed out at the meeting. Mayor Mamula declared the agenda approved as amended.

IV) COMMUNICATIONS TO COUNCIL A) CITIZEN'S COMMENT (NON-AGENDA ITEMS ONLY; 3-MINUTE TIME LIMIT PLEASE) Mayor Mamula opened Citizen's Comment.

Mr. Brett Amedro, a Breckenridge resident, stated his house was built and bought before the trail to the Troll was put in place. He further stated the troll is having many negative impacts on him and his neighbors. Mr. Amedro stated he thinks Council’s responses were careless and misinformed, and there are thousands of people a day looking into his house. He stated on Friday night someone was urinating on the trail next to his house, and if the Town is going to close the trail by the bike park, 3-4 thousand people will be on the trail by his house instead. He stated there is no mitigating people coming by his window, and people are walking around the fencing and they don't care. Mr. Amedro stated Council is putting this problem on the neighbors instead of the Town.

Ms. Laura Amedro, a Breckenridge resident, stated she is disappointed because she thought Council was here to support residents before visitors, but in keeping the troll it’s the other way around. She further stated she serves on the Town’s Childcare Committee and she works locally, and the troll has changed the culture of her neighborhood. Ms. Amedro stated she wouldn't have moved to Breckenridge if she wanted to see this many people out her window. She stated she is in favor of moving the troll to another location.

Mr. Drew Kosmowski, a Breckenridge resident, stated he echoes the other things that have been mentioned about the troll. He further stated he wonders how Council thinks we will cope with hundreds of people on the trail through springtime. Mr. Kosmowski stated the fence isn't keeping people out of Paradise Green, and where the trail allows access through the alley, all of the bus traffic is going down the alley. Mr. Kosmowski further stated that closing the western end of the trail will divert everyone along the neighborhood property line, and there have already been injuries on that trail and he worries about safety. He stated that even with a police car in the alley, people went around it, and we would like a solid stockade fence all along the trail. He stated the BCA seems to be spending thousands of dollars marketing the troll, so maybe they should pay for the fencing. Mr. Kosmowski also stated the trail could be moved on the other side of the creek, or the troll needs to move because BIFA is over. He stated hundreds of walking sticks are left along the trails from branches, and there are littering and parking problems. He recommends the Town move the troll or enforce regulations about it. Mr. Kosmowski then stated if Amendment 74 passes that could be his next option.

Ms. Tiernan Spencer, the Assistant Director of Mountain Top Children's Museum, stated the museum is looking for a forever home. She stated the organization is operating on a month-to-month lease because Vail Resorts is selling the building. She further stated the museum offers popular programs for locals and visitors, including a summer daycamp, Kids Night Out and outreach programming during the school year. Ms. Spencer stated they have seen a 43% increase in participation over 3 years. She 3

TOWN OF BRECKENRIDGE TOWN COUNCIL REGULAR MEETING Tuesday, October 23, 2018 PAGE 2 2 of 5 also stated the museum would like to be part of the conversation about Block 11 and McCain properties and she thinks it could be an attraction for nearby businesses and homes in that area.

There were no additional comments and Citizen's Comment was closed.

V) CONTINUED BUSINESS A) SECOND READING OF COUNCIL BILLS, SERIES 2018 - PUBLIC HEARINGS 1) COUNCIL BILL NO. 27, SERIES 2018 - AN ORDINANCE AUTHORIZING THE CONVEYANCE OF AN UNDIVIDED ONE-HALF INTEREST IN CERTAIN REAL PROPERTY TO SUMMIT COUNTY, COLORADO, ACTING BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO Mayor Mamula read the title into the minutes. Mr. Berry stated there were no changes to the ordinance from first reading.

Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed.

Mr. Bergeron moved to approve COUNCIL BILL NO. 27, SERIES 2018 - AN ORDINANCE AUTHORIZING THE CONVEYANCE OF AN UNDIVIDED ONE- HALF INTEREST IN CERTAIN REAL PROPERTY TO SUMMIT COUNTY, COLORADO, ACTING BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO. Ms. Gigliello seconded the motion.

The motion passed 7-0.

VI) NEW BUSINESS A) FIRST READING OF COUNCIL BILLS, SERIES 2018 1) COUNCIL BILL NO. 28, SERIES 2018 - AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH OFPERS PARTNERS L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AND DILLON COMPANIES, LLC, A KANSAS LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN COLORADO (City Market Expansion) Mayor Mamula read the title into the minutes. Mr. Berry stated this ordinance requests a development agreement with the Parkway Center for the possible expansion of City Market. He further stated staff recommends approval, and if this ordinance is adopted, there will be a special notice sent out in accordance with our procedures.

Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed.

Mr. Bergeron moved to approve COUNCIL BILL NO. 28, SERIES 2018 - AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH OFPERS PARTNERS L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AND DILLON COMPANIES, LLC, A KANSAS LIMITED LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN COLORADO (City Market Expansion). Mr. Gallagher seconded the motion.

The motion passed 7-0.

2) COUNCIL BILL NO. 29, SERIES 2018 - AN ORDINANCE DESIGNATING CERTAIN REAL PROPERTY AS A LANDMARK UNDER CHAPTER 11 OF TITLE 9 OF THE BRECKENRIDGE TOWN CODE (Noble House – Lot 7, Block 13, Abbett Addition to the Town of Breckenridge) Mayor Mamula read the title into the minutes. Mr. Berry stated this ordinance would designate this property as a landmark, which is a requirement of the development agreement. He further stated staff believes the property meets all of the qualifications of a landmark.

Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed.

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TOWN OF BRECKENRIDGE TOWN COUNCIL REGULAR MEETING Tuesday, October 23, 2018 PAGE 3 3 of 5 Mr. Bergeron moved to approve COUNCIL BILL NO. 29, SERIES 2018 - AN ORDINANCE DESIGNATING CERTAIN REAL PROPERTY AS A LANDMARK UNDER CHAPTER 11 OF TITLE 9 OF THE BRECKENRIDGE TOWN CODE (Noble House – Lot 7, Block 13, Abbett Addition to the Town of Breckenridge). Ms. Lawrence seconded the motion.

The motion passed 7-0.

3) COUNCIL BILL NO. 30, SERIES 2018 - AN ORDINANCE AMENDING THE BRECKENRIDGE TOWN CODE BY ADOPTING THE MUNICIPAL OFFENSE OF MISUSE OF TRASH RECEPTACLE Mayor Mamula read the title into the minutes. Mr. Berry stated this ordinance would create a new municipal code offense for people bringing household garbage to Town receptacles.

Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed.

Mr. Bergeron moved to approve COUNCIL BILL NO. 30, SERIES 2018 -?AN ORDINANCE AMENDING THE BRECKENRIDGE TOWN CODE BY ADOPTING THE MUNICIPAL OFFENSE OF MISUSE OF TRASH RECEPTACLE. Mr. Carleton seconded the motion.

The motion passed 7-0.

B) RESOLUTIONS, SERIES 2018

1) RESOLUTION NO. 20, SERIES 2018 - A RESOLUTION APPROVING AN INTEGOVERNMENTAL AGREEMENT WITH SUMMIT COUNTY, COLORADO ACTING BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO (Block 11 Apartments a/k/a COTO Flats) Mr. Berry stated this resolution would establish a working agreement between the Town and County for how these properties will be managed. He further stated staff recommends approval of the resolution and the corresponding IGA.

Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed.

Mr. Bergeron moved to approve RESOLUTION NO. 20, SERIES 2018 - A RESOLUTION APPROVING AN INTEGOVERNMENTAL AGREEMENT WITH SUMMIT COUNTY, COLORADO ACTING BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO (Block 11 Apartments a/k/a COTO Flats). Ms. Wolfe seconded the motion.

The motion passed 7-0.

2) RESOLUTION NO. 21, SERIES 2018 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR AID IN HAZARDOUS SUBSTANCE INCIDENTS Mr. Holman stated this resolution would authorize an IGA between designate the Summit Sheriff’s Office and the Summit Fire Authority as the Town's responder in a hazmat situation.

Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed.

Mr. Bergeron moved to approve RESOLUTION NO. 21, SERIES 2018 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR AID IN HAZARDOUS SUBSTANCE INCIDENTS. Mr. Gallagher seconded the motion.

The motion passed 7-0.

3) RESOLUTION NO. 22, SERIES 2018 - A RESOLUTION IN SUPPORT OF THE RED WHITE & BLUE FIRE PROTECTION DISTRICT’S BALLOT ISSUE 6D 5

TOWN OF BRECKENRIDGE TOWN COUNCIL REGULAR MEETING Tuesday, October 23, 2018 PAGE 4 4 of 5 Mr. Holman stated this resolution states the Council supports Ballot Issue 6D and urges the voters to support this measure.

Mayor Mamula opened the public hearing. There were no comments and the public hearing was closed.

Mr. Bergeron moved to approve RESOLUTION NO. 22, SERIES 2018 - A RESOLUTION IN SUPPORT OF THE RED WHITE & BLUE FIRE PROTECTION DISTRICT’S BALLOT ISSUE 6D. Ms. Lawrence seconded the motion.

The motion passed 7-0.

C) OTHER

VII) PLANNING MATTERS A) PLANNING COMMISSION DECISIONS Mayor Mamula declared the Planning Commission Decisions would stand approved as presented.

B) PLANNING COMMISSION APPOINTMENTS At the recommendation of the appointment committee, Ms. Gigliello moved to approve H. Lowell Moore, Mike Giller, Ron Schuman and Christie Mathews-Leidal to four-year terms on Planning Commission, beginning in November of 2018. Mr. Gallagher seconded the motion.

The motion passed 7-0.

VIII) REPORT OF TOWN MANAGER AND STAFF Mr. Holman asked Council to “save the date” on November 26th for a training on Intervistas. He further stated someone has approached the town regarding leasing the old DNR Kennel site that the Town recently purchased. He asked if there was a desire by Council to put out an RFP for leasing, and noted the County owns 25% of this property. Mr. Carleton stated he has some health safety concerns for that property, and Ms. Lawrence stated it seems it may be expensive to mitigate the problems there. Ms. Gigliello stated she is concerned about the Town being part of a sub-par living arrangement in that building, and Ms. Wolfe stated it would take a big investment to bring it up to a standard. Mayor Mamula stated he is worried about structural issues in the building, but agreed it’s important to stay open to options for the property.

IX) REPORT OF MAYOR AND COUNCIL MEMBERS The Report of Mayor and Council Members was covered during the afternoon work session.

X) OTHER MATTERS Ms. Lawrence stated River Park is great and she believes it's one of our best projects. She further stated it does look like a lot of grass is in that area, and maybe that's another conversation for the future. Mr. Bergeron stated he thought the same thing, but it is a public place and the native grasses take a long time to grow. Ms. Gigliello stated perhaps we can be creative in our parks and use something other than sod since the attraction is the playground. Mr. Gallagher stated we talked about this before, including the desire to reduce the water footprint in our projects.

Ms. Lawrence asked about the banners on Highway 9. Staff responded the winter banners are ordered and will be up soon.

Mayor Mamula, asked about the timeframe for fixing the sidewalk between Amazing Grace and Ridge Street. He further asked to accelerate this timeline if possible because the sidewalk is already very icy. Mayor Mamula suggested moving that sidewalk out from the roofline area or getting rid of it. Mr. Gallagher asked if we could force the property owner to take action. Mr. Holman stated staff will follow up.

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TOWN OF BRECKENRIDGE TOWN COUNCIL REGULAR MEETING Tuesday, October 23, 2018 PAGE 5 5 of 5 Ms. Lawrence asked about the letters the Town received regarding the Chipala property near the Riverwalk. Mr. Holman stated we may need to move the easement on the Riverwalk for that one segment that crosses the Chipala’s property.

Mayor Mamula asked about adding trashcans along Wellington Road to help with increased traffic in that area. He also asked for additional cans along the Riverwalk.

XI) SCHEDULED MEETINGS A) SCHEDULED MEETINGS FOR OCTOBER AND NOVEMBER

XII) ADJOURNMENT With no further business to discuss, the meeting adjourned at 7:46 pm. Submitted by Helen Cospolich, CMC, Town Clerk.

ATTEST:

______Helen Cospolich, CMC, Town Clerk Eric S. Mamula, Mayor

7

Memo

To: Breckenridge Town Council Members From: Julia Puester, AICP, Planning Manager Date: 11/7/2018 Subject: Second Reading: Ofpers/City Market Expansion Development Agreement

Town Council approved the first reading for a Development Agreement request for the property located at 400 N. Park Avenue, known as the Parkway Center Property (which is owned by Ofpers, LLC), of which City Market is a tenant of (Lot 5, Block 2, Parkway Center Subdivision) on October 23. There are no changes from first reading.

The Development Agreement outlines a proposal to construct an additional approximate 6,567 square feet onto the Parkway Center as part of a City Market expansion (rounded up from 6.57 SFEs to 7 SFEs to address any future need). City Market expansion plans also include absorbing some existing commercial square footage adjacent to the store which would not require additional density. With the proposed Development Agreement proposal attached in detail, the applicant, Ofpers/City Market is requesting:

• Transfer of 7 commercial SFEs (7,000 square feet commercial) by the Town to the property. This square footage would be in addition to the existing density of City Market (47.3 SFEs). With the City Market expansion, the total store area would be 57,363 square feet.

Square Footage Total: Existing City Market 47,262 SF (ground floor and mezzanine) + 3,534 SF of adjacent existing retail space to be absorbed + 6,567 SF new density with TDR=57,363 square feet.

• Ofpers/City Market would enter into a Restrictive Covenant to restrict the use of the TDRs to grocery store/supermarket use only.

• An additional Restrictive Covenant would not allow for the TDRs to be used for furniture sales on the property.

• No negative points shall be assigned under Policy 24 (Relative) Social Community for not providing employee housing (approximately 297 square feet required for zero points).

• The application shall not fail Policy 3 (Absolute) Density as well as no negative points will be assigned under Policy 3 (Relative) Density for exceeding the density on the site.

• The Agreement, if approved, would be valid for one year.

The proposed community benefit for the above requests is:

• Providing an expansion to an essential service (grocery store) to the Town, its residents and visitors.

Staff and the applicant will be available at the meeting if there are any questions.

8 1 1 2 APPROVAL OF THIS DEVELOPMENT AGREEMENT CONSTITUTES A VESTED 3 PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, COLORADO REVISED 4 STATUTES, AS AMENDED 5 6 DEVELOPMENT AGREEMENT 7 8 This Development Agreement (“Agreement”) is made as of the ____ day of 9 ______, 2018 (“Effective Date”) between the TOWN OF BRECKENRIDGE, a 10 Colorado municipal corporation (“Town”), OFPERS PARTNERS L.L.C., a Colorado limited 11 liability company (“Ofpers”), and DILLON COMPANIES, LLC, a Kansas limited liability 12 company authorized to do business in the State of Colorado (“City Market”). Town, Ofpers, and 13 City Market are sometimes collectively referred to in this Agreement as the “Parties,” and 14 individually by name or as a “Party.” 15 16 Recitals 17 18 A. Ofpers owns the following described real property in the Town of Breckenridge, 19 Summit County, Colorado: 20 21 Lot 5, Block 2, Parkway Center Subdivision 22 23 (“Property”). 24 25 B. The Property is located at the southwest corner of Colorado Highway 9 and North 26 Park Avenue. The exiting City Market grocery store/supermarket is located on a portion of the 27 Property, and consists of a total of 47,262 square feet of density [44,987 square feet of existing 28 ground floor density plus 2,275 square feet of mezzanine density] (“Premises”). City Market 29 proposes to remodel the existing grocery store/supermarket by adding an additional 6,567 square 30 feet of density and, in connection therewith, to expand the Premises by absorbing 3,534 square 31 feet of existing retail density that is located adjacent to the Premises. 32 33 C. City Market is the tenant of the Premises pursuant to a Lease dated November 16, 34 1985, as amended (“Lease”) with Ofpers as successor-in-interest to VRG-Parkway Partners, a 35 Colorado partnership, which Lease provides for a term expiring on November 30, 2019, with 36 three (3) unexercised five (5) year options to extend the term of the Lease. 37 38 D. City Market and Ofpers have agreed to amend the Lease to provide for the remodel 39 and expansion of the Premises. 40 41 E. Pursuant to Chapter 9 of Title 9 the Breckenridge Town Code the Town Council has 42 the authority to enter into a development agreement. 43 44 F. A development agreement is necessary in order to accommodate the remodel and 45 expansion of the Premises proposed by City Market and Ofpers. 46 9 1 G. Because City Market provides an essential service to the Town, its residents and the 2 many visitors to the Town, the Town Council finds and determines that a remodeled and 3 expanded grocery store/supermarket will serve to enhance this essential service and serve the 4 public good, and is sufficient justification for the Town agreeing to enter into this Agreement. 5 6 H. Except as provided in this Agreement, no further commitments to the Town (as 7 described in Section 9-9-4 of the Breckenridge Town Code) are required from either Ofpers or 8 City Market. 9 10 I. The Town Council has received a completed application and all required submittals 11 for a development agreement (“Application”)1; had a preliminary discussion of the Application 12 and this Agreement; determined that it should commence proceedings for the approval of this 13 Agreement; and, in accordance with the procedures set forth in Section 9-9-10(C) of the 14 Breckenridge Town Code, has approved this Agreement by non-emergency ordinance. 15 16 Agreement 17 18 1. Subject to the provisions of this Agreement, the Town’s Planning Commission2 is 19 hereby authorized to review and approve, subject to compliance with all other applicable 20 development policies of the Town, an application for the remodel and expansion of the Premises 21 providing for up to an additional 6,567 square feet of density to be located upon the Premises 22 (rounded up to 7,000 square feet of density [7.0 SFEs] to cover the possible need for additional 23 density required for the project).

24 2. In connection with the Planning Commission’s review of the Application no negative 25 points shall be assessed against the Application pursuant to Section 9-1-19-3R, “Policy 3 26 (Relative) Compliance With Density/Intensity Guidelines” or Section 9-1-19-24R, “Policy 24 27 (Relative) Social Community” of the Town’s Development Code.3

28 3. Without the Application failing Section 9-1-19-3A (Density) of the Development 29 Code the Application may be approved by the Planning Commission with a maximum of 7.0 30 additional single family equivalents of density (each a “SFE”) being approved for transfer to the 31 Property. Not later than the time of the issuance by the Town of a building permit for the 32 remodel and expansion of the Premises pursuant to the approved Application, the Town shall 33 transfer density to the Property in an amount equal to the difference between the amount of

1The term “Application” as used in this Agreement means a combined application for the approval of this Agreement and the issuance of a development permit to actually remodel and expand the Premises. If separate applications for the approval of this Agreement and the issuance of a development permit to actually remodel and expand the Premises are filed, the term “Application” shall apply to each individual application as indicated by the context in which such term is used in this Agreement. 2 The term “Planning Commission” as used in this Agreement includes the Town Council of the Town of Breckenridge, if the decision of the Planning Commission on the Application is “called up” by the Town Council pursuant to Section 9-1-18-5 of the Development Code. In the event of a call up, the Town Council shall make the final decision on the Application. 3 Chapter 1 of Title 9 of the Breckenridge Town Code.

Page 2 10 1 density existing on the Property as of the date of this Agreement (76.5 SFEs) and the total 2 amount of density approved for the remodel and expansion of the Premises by the Planning 3 Commission; provided, however, that the maximum amount of additional density the Town 4 agrees to transfer to the Property is 7.0 SFEs (“Transferred Density”). The Transferred Density 5 shall only be used by City Market in connection with the remodel and expansion of the Premises 6 as approved by the Planning Commission as contemplated by this Agreement, and may not be 7 transferred to or used upon any other real property. The Town shall transfer the Transferred 8 Density to the Property at no cost to either Ofpers or City Market. The source of the Transferred 9 Density, and the means and method of providing the Transferred Density to the Property, shall 10 be determined by the Town in its sole and absolute discretion. Ofpers and City Market shall 11 execute such documentation as may be required by the Town to complete the transfer of the 12 Transferred Density to the Property. The building permit for the remodel and expansion of the 13 Premises shall not be issued until the transfer of the Transferred Density to the Property has been 14 completed by the Town.

15 4. Notwithstanding anything contained in this Agreement to the contrary, the Parties 16 agree that no portion of the square footage that is added to the Premises pursuant to a 17 development permit issued by the Town as authorized by this Agreement shall ever be used 18 primarily for the retail sale of furniture. As used in this Section, the term “furniture” shall mean 19 large movable equipment, such as tables and chairs, used to make a house, office, or other 20 interior or exterior space (such a lawn or deck), suitable for living or working. This restriction 21 shall be incorporated into the Restrictive Covenant required by Section 5 of this Agreement.

22 5. It is understood and agreed between the Parties that the Town’s agreement to provide 23 the Transferred Density for use in connection with the remodel and expansion of the Premises as 24 described in Section 3, above, is expressly conditioned upon the Transferred Density being used 25 in perpetuity only in connection with the operation of a grocery store/supermarket upon the 26 Premises. If the Premises are ever used for any purpose other than the operation of a grocery 27 store/supermarket, all of the Transferred Density shall automatically revert to and become the 28 sole property of the Town of Breckenridge. The requirements of this Section 4 shall be set forth 29 in a Restrictive Covenant to be executed by the Parties and recorded with the Summit County 30 Clerk and Recorder concurrently with the Town’s transfer of the Transferred Density to the 31 Property. The Restrictive Covenant shall include provisions providing that: (i) the provisions of 32 the Restrictive Covenant are specifically enforceable against both Ofpers and City Market; (ii) 33 both Ofpers and City Market forever waive all legal and equitable claims, of whatever kind or 34 nature, against the Town with respect to the enforcement of the Restrictive Covenant; and (iii) 35 the Restrictive Covenant shall not be subject to any liens or encumbrances, except the lien of the 36 general property taxes for the year in which the Restrictive Covenant is executed.

37 6. The term of this Agreement shall commence on the Effective Date and shall end, 38 subject to earlier termination in the event of a breach of this Agreement, on the later to occur of 39 (i) one (1) year from the Effective Date unless prior to such date the Application has finally been 40 approved by the Town, and the development permit for the remodel and expansion of the

Page 3 11 1 Premises has been executed and signed by both Ofpers and City Market, or (ii) the date City 2 Market opens the remodeled and expanded Premises for business to the public.

3 7. Except as provided in Section 24-68-105, C.R.S. and except as specifically provided 4 for herein, the execution of this Agreement shall not preclude the current or future application of 5 municipal, state or federal ordinances, laws, rules or regulations to the Premises (collectively, 6 “laws”), including, but not limited to, building, fire, plumbing, engineering, electrical and 7 mechanical codes, and the Town’s Development Code, Subdivision Standards4, and other land 8 use laws, as the same may be in effect from time to time throughout the term of this Agreement. 9 Except to the extent the Town otherwise specifically agrees, any development of the Premises 10 shall be done in compliance with the then-current laws of the Town. 11 12 8. Nothing in this Agreement shall preclude or otherwise limit the lawful authority of 13 the Town to adopt or amend any Town law, including, but not limited to the Town’s: (i) 14 Development Code, (ii) Comprehensive Plan, (iii) Land Use Guidelines and (iv) Subdivision 15 Standards. 16 17 9. Prior to any action against Town for breach of this Agreement, City Market or 18 Ofpers, whichever is applicable, shall give the Town a sixty (60) day written notice of any claim 19 of a breach or default by the Town, and the Town shall have the opportunity to cure such alleged 20 default within such time period.

21 10. Town shall not be responsible for, and neither Ofpers nor City Market shall have any 22 remedy against the Town, if the remodel and expansion of the Premises as contemplated by this 23 Agreement is prevented or delayed for reasons beyond the control of the Town. 24 25 11. The actual remodel and expansion of the Premises shall require the issuance of such 26 other and further permits and approvals by the Town as may be required from time to time by 27 applicable Town ordinances. 28 29 12. No official or employee of the Town shall be personally responsible for any actual or 30 alleged breach of this Agreement by the Town. 31 32 13. City Market agrees to indemnify and hold the Town, its officers, employees, insurers, 33 and self-insurance pool, harmless from and against all liability, claims, and demands, on account 34 of injury, loss, or damage, including without limitation claims arising from bodily injury, 35 personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind 36 whatsoever, which arise out of or are in any manner connected with this Agreement, if such 37 injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in 38 part by, the negligence or intentional act or omission of City Market; any subcontractor of City 39 Market, or any officer, employee, representative, or agent of City Market or of any subcontractor 40 of City Market, or which arise out of any worker’s compensation claim of any employee of City

4Chapter 2 of Title 9 of the Breckenridge Town Code.

Page 4 12 1 Market, or of any employee of any subcontractor of City Market; except to the extent such 2 liability, claim or demand arises through the negligence or intentional act or omission of Town, 3 its officers, employees, or agents. City Market agrees to investigate, handle, respond to, and to 4 provide defense for and defend against, any such liability, claims, or demands at the sole expense 5 of City Market. City Market also agrees to bear all other costs and expenses related thereto, 6 including court costs and attorney’s fees. 7 8 14. Ofpers agrees to indemnify and hold the Town, its officers, employees, insurers, and 9 self-insurance pool, harmless from and against all liability, claims, and demands, on account of 10 injury, loss, or damage, including without limitation claims arising from bodily injury, personal 11 injury, sickness, disease, death, property loss or damage, or any other loss of any kind 12 whatsoever, which arise out of or are in any manner connected with this Agreement, if such 13 injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in 14 part by, the negligence or intentional act or omission of Ofpers; any subcontractor of Ofpers, or 15 any officer, employee, representative, or agent of Ofpers or of any subcontractor of Ofpers, or 16 which arise out of any worker’s compensation claim of any employee of Ofpers, or of any 17 employee of any subcontractor of Ofpers; except to the extent such liability, claim or demand 18 arises through the negligence or intentional act or omission of Town, its officers, employees, or 19 agents. Ofpers agrees to investigate, handle, respond to, and to provide defense for and defend 20 against, any such liability, claims, or demands at the sole expense of Ofpers. Ofpers also agrees 21 to bear all other costs and expenses related thereto, including court costs and attorney’s fees. 22 23 15. If any provision of this Agreement shall be invalid, illegal, or unenforceable, it shall 24 not affect or impair the validity, legality or enforceability of the remaining provisions of the 25 Agreement. 26 27 16. This Agreement constitutes a vested property right pursuant to Article 68 of Title 24, 28 Colorado Revised Statutes, as amended. 29 30 17. The provisions of Sections 13 and 14 of this Agreement shall survive the expiration 31 or termination of this Agreement and shall be fully enforceable thereafter, subject to any 32 applicable statute of limitation. 33 34 18. No waiver of any provision of this Agreement shall be deemed or constitute a waiver 35 of any other provision, nor shall it be deemed to constitute a continuing waiver, unless expressly 36 provided for by a written amendment to this Agreement signed by all of the Parties; nor shall the 37 waiver of any default under this Agreement be deemed a waiver of any subsequent default or 38 defaults of the same type. 39 40 19. This Agreement shall be recorded in the office of the Clerk and Recorder of Summit 41 County, Colorado. 42 43 20. Nothing contained in this Agreement shall constitute a waiver of the Town’s 44 sovereign immunity under any applicable state or federal law.

Page 5 13 1 2 21. Personal jurisdiction and venue for any civil action commenced by any Party to this 3 Agreement shall be deemed to be proper only if such action is commenced in District Court of 4 Summit County, Colorado. Ofpers and City Market each expressly waive any right to bring such 5 action in or to remove such action to any other court, whether state or federal. ALL PARTIES 6 WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION TO ENFORCE, 7 INTERPRET OR CONSTRUE THIS AGREEMENT. 8 9 22. Any notice required or permitted hereunder shall be in writing and shall be sufficient 10 if personally delivered or mailed by certified mail, return receipt requested, addressed as follows: 11 12 If to the Town: Rick G. Holman, Town Manager 13 Town of Breckenridge 14 P.O. Box 168 15 Breckenridge, CO 80424 16 17 With a copy (which 18 shall not constitute 19 notice to the Town) to: Timothy H. Berry, Esq. 20 Town Attorney 21 P.O. Box 2 22 Leadville, CO 80461 23 24 If to Ofpers: Ofpers Partners, L.L.C. 25 P.O. Box 4856 26 Breckenridge, CO 80424 27 28 With a copy to: ______29 30 If to City Market: Dillon Companies, LLC 31 65 Tejon Street 32 Denver, CO 80223 33 ATTN: Real Estate Manager 34 35 With a copy to: Dillon Companies, LLC 36 c/o The Kroger Co. 37 1014 Vine Street 38 Cincinnati, OH 45202-1100 39 ATTN: Law Department 40 41 Notices mailed in accordance with the provisions of this Section 22 shall be deemed to have been 42 given upon delivery. Notices personally delivered shall be deemed to have been given upon 43 delivery. Nothing herein shall prohibit the giving of notice in the manner provided for in the 44 Colorado Rules of Civil Procedure for service of civil process.

Page 6 14 1 2 23. This Agreement constitutes the entire agreement and understanding between the 3 Parties relating to the subject matter of this Agreement and supersedes any prior agreement or 4 understanding relating to such subject matter. 5 6 24. This Agreement shall be interpreted in accordance with the laws of the State of 7 Colorado without regard to principles of conflicts of laws. 8 9 TOWN OF BRECKENRIDGE 10 Attest: 11 12 13 14 ______By: ______15 Helen Cospolich, CMC, Town Rick G. Holman, Town Manager 16 Clerk 17 18 19 20 21 22 STATE OF COLORADO ) 23 ) ss. 24 COUNTY OF SUMMIT ) 25 26 The foregoing was acknowledged before me this _____ day of ______, 27 2018 by Rick G. Holman, as Town Manager, and Helen Cospolich, CMC, as Town Clerk, of the 28 Town of Breckenridge, a Colorado municipal corporation. 29 30 Witness my hand and official seal. 31 32 My commission expires:______33 34 35 36 ______37 Notary Public 38

Page 7 15 1 OFPERS PARTNERS, L.L.C., a Colorado 2 limited liability company 3 4 5 6 By: ______7 8 Name: ______9 10 Title: ______11 12 13 STATE OF COLORADO ) 14 ) ss. 15 COUNTY OF SUMMIT ) 16 17 The foregoing was acknowledged before me this _____ day of ______, 18 2018, by ______, as ______of 19 Ofpers Partners, L.L.C., a Colorado limited liability company. 20 21 Witness my hand and official seal. 22 23 My commission expires:______24 25 26 27 ______28 Notary Public

Page 8 16 1 DILLON COMPANIES, LLC 2 a Kansas limited liability company 3 authorized to do business in the State of 4 Colorado 5 6 7 8 By: ______9 10 Name: ______11 12 Title: ______13 14 STATE OF ______) 15 ) ss. 16 COUNTY OF ______) 17 18 The foregoing was acknowledged before me this _____ day of ______, 19 2018, by ______, as ______of 20 Dillon Companies, LLC, a Kansas limited liability company authorized to do business in the 21 State of Colorado. 22 23 Witness my hand and official seal. 24 25 My commission expires:______26 27 ______28 Notary Public 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 1800-511\Development Agreement_5 (10-16-18)

Page 9 17 1 FOR WORKSESSION/SECOND READING – NOV.13 2 3 NO CHANGE FROM FIRST READING 4 5 COUNCIL BILL NO. 28 6 7 Series 2018 8 9 AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH 10 OFPERS PARTNERS L.L.C., A COLORADO LIMITED LIABILITY COMPANY, AND 11 DILLON COMPANIES, LLC, A KANSAS LIMITED LIABILITY COMPANY 12 AUTHORIZED TO DO BUSINESS IN COLORADO 13 (City Market Expansion) 14 15 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, 16 COLORADO: 17 18 Section 1. Findings. The Town Council of the Town of Breckenridge finds and 19 determines as follows: 20 21 A. Ofpers Partners, L.L.C., a Colorado limited liability company (“Ofpers”), owns the 22 following described real property in the Town of Breckenridge, Summit County, Colorado:

23 Lot 5, Block 2, Parkway Center Subdivision 24 25 (“Property”). 26 27 B. The Property is located at the southwest corner of Colorado Highway 9 and North 28 Park Avenue. The exiting City Market grocery store/supermarket is located on a portion of the 29 Property, and consists of a total of 47,262 square feet of density [44,987 square feet of existing 30 ground floor density plus 2,275 square feet of mezzanine density] (“Premises”). City Market 31 proposes to remodel the existing grocery store/supermarket by adding an additional 6,567 square 32 feet of density and, in connection therewith, to expand the Premises by absorbing 3,534 square 33 feet of existing retail density that is located adjacent to the Premises.

34 C. Dillon Companies, LLC, a Kansas limited liability company authorized to do business 35 in Colorado (“City Market”), is the tenant of the Premises pursuant to a Lease dated November 36 16, 1985, as amended (“Lease”), with Ofpers as successor-in-interest to VRG-Parkway Partners, 37 a Colorado partnership, which Lease provides for a term expiring on November 30, 2019, with 38 three (3) unexercised five (5) year options to extend the term of the Lease.

39 D. City Market and Ofpers have agreed to amend the Lease to provide for the expansion 40 of the Premises.

18 1 E. Pursuant to Chapter 9 of Title 9 the Breckenridge Town Code the Town Council has 2 the authority to enter into a development agreement.

3 F. A development agreement is necessary in order to accommodate the expansion of the 4 Premises proposed by City Market and Ofpers.

5 G. Because City Market provides an essential service to the Town, its residents and the 6 many visitors to the Town, the Town Council finds and determines that an expanded grocery 7 store/supermarket will serve to enhance this essential service and serve the public good, and is 8 sufficient justification for the Town agreeing to enter into a development agreement with Ofpers 9 and City Market.

10 H. A proposed Development Agreement between the Town, Ofpers, and City Market has 11 been prepared, a copy of which is marked Exhibit “A”, attached hereto and incorporated herein 12 by reference (“Development Agreement”).

13 I. The Town Council finds and determines that there is a substantial public benefit that 14 will accrue from the expansion of the current City Market grocery store/supermarket, and that no 15 further commitments to the Town (as described in Section 9-9-4 of the Breckenridge Town 16 Code) are required from either Ofpers or City Market in connection with the Development 17 Agreement.

18 J. The Town Council has received a completed application and all required submittals 19 and fees for a development agreement.

20 K. The Town Council had a preliminary discussion of the proposed Development 21 Agreement application, and the proposed Development Agreement, as required by Section 9-9- 22 10(A) of the Breckenridge Town Code.

23 L. The Town Council determined that the proposed Development Agreement need not 24 be referred to the Breckenridge Planning Commission for its review and recommendation.

25 M. The Town Council has reviewed the proposed Development Agreement.

26 N. The approval of the proposed Development Agreement is warranted in light of all 27 relevant circumstances.

28 O. The procedures to be used to review and approve a development agreement are 29 provided in Chapter 9 of Title 9 of the Breckenridge Town Code. The requirements of such 30 Chapter have substantially been met or waived in connection with the approval of the proposed 31 Development Agreement and the adoption of this ordinance.

32 Section 2. Approval of Development Agreement. The Development Agreement between 33 the Town, Ofpers Partners, L.L.C., a Colorado limited liability company, and Dillon Companies, 34 LLC, a Kansas limited liability company authorized to do business in Colorado (Exhibit “A” 35 hereto), is approved, and the Town Manager is authorized, empowered, and directed to execute 36 such agreement for and on behalf of the Town of Breckenridge. 37 19 1 Section 3. Notice of Approval. The Development Agreement shall contain a notice in the 2 form provided in Section 9-9-13 of the Breckenridge Town Code. In addition, a notice in 3 compliance with the requirements of Section 9-9-13 of the Breckenridge Town Code shall be 4 published by the Town Clerk one time in a newspaper of general circulation in the Town within 5 fourteen days after the adoption of this ordinance. Such notice shall satisfy the requirement of 6 Section 24-68-103, C.R.S. 7 8 Section 4. Police Power Finding. The Town Council finds, determines, and declares that 9 this ordinance is necessary and proper to provide for the safety, preserve the health, promote the 10 prosperity, and improve the order, comfort and convenience of the Town of Breckenridge and 11 the inhabitants thereof. 12 13 Section 5. Authority. The Town Council finds, determines, and declares that it has the 14 power to adopt this ordinance pursuant to the authority granted to home rule municipalities by 15 Article XX of the Colorado Constitution and the powers contained in the Breckenridge Town 16 Charter. 17 18 Section 6. Effective Date. This ordinance shall be published and become effective as 19 provided by Section 5.9 of the Breckenridge Town Charter. 20 21 INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED 22 PUBLISHED IN FULL this ____ day of ______, 2018. A Public Hearing shall be held at the 23 regular meeting of the Town Council of the Town of Breckenridge, Colorado on the ___ day of 24 ____, 2018, at 7:00 P.M., or as soon thereafter as possible in the Municipal Building of the 25 Town. 26 27 TOWN OF BRECKENRIDGE 28 29 30 By:______31 Eric S. Mamula, Mayor 32 33 ATTEST: 34 35 36 37 ______38 Helen Cospolich, CMC, 39 Town Clerk 40 41 42 43 44 45 46 47 48 49 1800-511\Development Agreement Ordinance_3 (11-07-18)(Second Reading) 20 Memo

To: Town Council From: Chapin LaChance, Planner II Community Development Dept. Date: November 6, 2018 for meeting of November 13, 2018 Subject: Second Reading: Local Landmarking of the Noble House, 213 S. Ridge St.

At their September 18 meeting, the Planning Commission reviewed the proposed designation of the Noble House at 213 S. Ridge St. as a Local Landmark, and recommended that the Town Council adopt an ordinance designating the building as a Local Landmark. One of the primary benefits of Local Landmark designation is the increase in the property’s eligibility for historic preservation tax credits and grants.

The Commission found that the property fulfilled the criteria in Title 9, Chapter 11 Historic Preservation of the Development Code which includes: 21 1 A. The improvements located on the subject property are more than fifty (50) years old.

B. The property meets the “Architectural” designation criteria for a landmark as set forth in Section 9- 11-4(A)(1)(a)(1) of the Breckenridge Town Code because the property exemplifies specific elements of an architectural style and period.

C. The “Social” designation criteria for a landmark as set forth in Town Code Section 9-11- 4(A)(1)(b)(2) is met because the property exemplifies the cultural, political, economic and social heritage of the community.

D. The “Physical Integrity” designation criteria for a landmark as set forth in Town Code Section 9-11- 4(A)(3) is met because:

a. The property shows character, interest and value as part of the development, heritage and cultural characteristics of the community, region, state and nation and;

b. The property retains original design features, materials and character and;

c. The structure is on its original location or is in the same historic context after having been moved.

This is a second reading. There are not any changes proposed from first reading. Staff will be available at the meeting to answer any questions.

The Planning Commission and the Community Development Department recommend approval of the proposal to designate the Noble House at 213 S. Ridge St. as a Local Landmark.

22 2

1 FOR WORKSESSION/SECOND READING – Nov. 13 2 3 NO CHANGE FROM FIRST READING 4 5 COUNCIL BILL NO. 29 6 7 Series 2018 8 9 AN ORDINANCE DESIGNATING CERTAIN REAL PROPERTY AS A LANDMARK 10 UNDER CHAPTER 11 OF TITLE 9 OF THE BRECKENRIDGE TOWN CODE 11 (Noble House – Lot 7, Block 13, Abbett Addition to the Town of Breckenridge) 12 13 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, 14 COLORADO: 15 16 Section 1. Findings. The Town Council of the Town of Breckenridge finds and 17 determines as follows: 18 19 A. Glendale DV, LLC owns the hereinafter described real property. Such real 20 property is located within the corporate limits of the Town of Breckenridge, County of 21 Summit and State of Colorado. 22 23 B. Glendale DV, LLC filed an application pursuant to Chapter 11 of Title 9 of 24 the Breckenridge Town Code seeking to have the hereinafter described real property 25 designated as a landmark (“Application”). 26 27 C. The Town followed all of procedural requirements of Chapter 11 of Title 9 of 28 the Breckenridge Town Code in connection with the processing of the Application. 29 30 D. The improvements located on hereinafter described real property are more 31 than fifty (50) years old. 32 33 E. The hereinafter described real property meets the “Architectural” designation 34 criteria for a landmark as set forth in Section 9-11-4(A)(1)(a)(1) of the Breckenridge 35 Town Code because the property exemplifies specific elements of architectural style or 36 period. 37 38 F. The hereinafter described real property meets the “Social” designation criteria 39 for a landmark as set forth in Section 9-11-4(A)(1)(b)(2) of the Breckenridge Town Code 40 because the property exemplifies cultural, political, economic or social heritage of the 41 community. 42 43 G. The hereinafter described real property meets the “Physical Integrity” criteria 44 for a landmark as set forth in Section 9-11-4(A)(3) of the Breckenridge Town Code 45 because: 23 1 2 (i) The property shows character, interest or value as part of the development, 3 heritage or cultural characteristics of the community, region, state or 4 nation and; 5 (ii) The property retains original design features, materials and/or character 6 and; 7 (iii) The structure is on its original location or is in the same historic context 8 after having been moved. 9 10 H. In accordance with the requirements of Section 9-11-3(B)(3) of the 11 Breckenridge Town Code, on September 18, 2018, the Application was reviewed by the 12 Breckenridge Planning Commission. On such date the Planning Commission 13 recommended to the Town Council that the Application be granted. 14 15 I. The Application meets the applicable requirements of Chapter 11 of Title 9 of 16 the Breckenridge Town Code, and should be granted without conditions. 17 18 J. Section 9-11-3(B)(4) of the Breckenridge Town Code requires that final 19 approval of an application for landmark designation under Chapter 11 of Title 9 of the 20 Breckenridge Town Code be made by ordinance duly adopted by the Town Council. 21 22 Section 2. Designation of Property as Landmark. The following described real 23 property: 24 25 Lot 7, Block 13, Abbett Addition to the Town of Breckenridge, Town of 26 Breckenridge, County of Summit, and State of Colorado; also known as 213 27 South Ridge Street, Breckenridge, Colorado 80424 28 29 is designated as a landmark pursuant to Chapter 11 of Title 9 of the Breckenridge Town 30 Code. 31 32 Section 3. Police Power Finding. The Town Council finds, determines and declares that 33 this ordinance is necessary and proper to provide for the safety, preserve the health, promote the 34 prosperity, and improve the order, comfort, and convenience of the Town of Breckenridge and 35 the inhabitants thereof. 36 37 Section 4. Town Authority. The Town Council finds, determines and declares that it has 38 the power to adopt this ordinance pursuant to the authority granted to home rule municipalities 39 by Article XX of the Colorado Constitution and the powers contained in the Breckenridge Town 40 Charter. 41 42 Section 5. Effective Date. This ordinance shall be published and become effective as 43 provided by Section 5.9 of the Breckenridge Town Charter. 44 45 INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED 46 PUBLISHED IN FULL this ____ day of _____, 2018. A Public Hearing shall be held at the 24 1 regular meeting of the Town Council of the Town of Breckenridge, Colorado on the ___ day of 2 ____, 2018, at 7:00 P.M., or as soon thereafter as possible in the Municipal Building of the 3 Town. 4 5 TOWN OF BRECKENRIDGE, a Colorado 6 municipal corporation 7 8 9 10 By: ______11 Eric S. Mamula, Mayor 12 13 ATTEST: 14 15 16 17 ______18 Helen Cospolich, CMC, 19 Town Clerk 20 21 22

25 Memo

To: Breckenridge Town Council Members

From: Tim Berry, Town Attorney

Date: 11/7/2018

Subject: Council Bill No. 30 (Misuse of Public Trash Receptacle)

The second reading of the ordinance making the misuse of a public trash receptacle an infraction punishable by a mandatory fine is scheduled for your meeting on November 13th. The only proposed change from fist reading is to delete Section E on Page 2 of the ordinance( lines 13 to 20). This change is proposed because the Breckenridge Municipal Court currently does not offer any kind of community service for defendants due to liability and supervision concerns.

I will be happy to discuss this matter with you on Tuesday.

26 1 TH 1 FOR WORKSESSION/SECOND READING-NOV. 13 2 3 Additions To The Ordinance As Approved on First Reading Are 4 Indicated By Bold + Double Underline; Deletions By Strikeout 5 6 COUNCIL BILL NO. 30 7 8 Series 2018 9 10 AN ORDINANCE AMENDING THE BRECKENRIDGE TOWN CODE BY ADOPTING THE 11 MUNICIPAL OFFENSE OF MISUSE OF TRASH RECEPTACLE 12 13 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, 14 COLORADO: 15 16 Section 1. Chapter 2 of Title 5 of the Breckenridge Town Code is amended by the 17 addition of a new Section 5-2-7-1, which shall read as follows” 18 19 5-2-7-1: MISUSE OF PUBLIC TRASH RECEPTACLE: 20 21 A. Any person who deposits, throws, or leaves any household trash or business trash 22 in a public trash receptacle commits the offense of misuse of public trash 23 receptacle. 24 25 B. As used in this section: 26 27 “Household trash” means garbage and rubbish as defined in Section 5-2-1 that 28 originates from a property devoted to a residential use as defined in Section 9-1-5 29 of this Code, or an accommodation unit as defined in Section 4-1-2, regardless of 30 whether located within or outside the corporate limits of the Town. 31 32 “Business trash” means garbage and rubbish as defined in Section 5-2-1 that 33 originates from a commercial enterprise or activity of any kind, regardless of 34 whether located within or outside the corporate limits of the Town. 35 36 “Personally Identifying Information” means any information that may be used, 37 alone or in conjunction with any other information, to identify a specific 38 individual, including, but not limited to, name, street address, date of both, or 39 social security number. 40 41 “Public Trash Receptacles” means an outdoor container owned and maintained by 42 the Town, regardless of where located, that is designed and intended to be used 43 for the accumulation of garbage generated by the public while walking. 44

27 1 C. If a person’s personally identifying information is found on any household trash 2 or business trash found in a public trash receptacle, there is a rebuttable 3 presumption that such person committed a violation of this section. 4 5 D. Misuse of public trash receptacle is an infraction punishable by a mandatory fine 6 of not less than twenty dollars ($20.00) nor more than five hundred dollars 7 ($500.00) upon a first conviction; by a mandatory fine of not less than fifty 8 dollars ($50.00) nor more than one thousand dollars ($1,000.00) upon a second 9 conviction; and by a mandatory fine of not less than one hundred dollars 10 ($100.00) nor more than one thousand dollars ($1,000.00) upon a third or 11 subsequent conviction. 12 13 E. In the discretion of the municipal court, all or any portion of a fine imposed in 14 excess of the mandatory minimum fine may be suspended upon the condition that 15 the defendant gather and remove from specified public property or specified 16 private property, with prior permission of the owner or tenant in lawful possession 17 thereof, any litter found thereon, or upon the condition that the defendant pick up 18 litter at a time prescribed by and at a specified place or places within the town for 19 not less than eight (8) hours upon a first conviction or for not less than sixteen 20 (16) hours upon a second or subsequent conviction. 21 22 Section 2. Except as specifically amended hereby, the Breckenridge Town Code, and the 23 various secondary codes adopted by reference therein, shall continue in full force and effect. 24 25 Section 3. The Town Council hereby finds, determines and declares that this ordinance is 26 necessary and proper to provide for the safety, preserve the health, promote the prosperity, and 27 improve the order, comfort and convenience of the Town of Breckenridge and the inhabitants 28 thereof. 29 30 Section 4. The Town Council hereby finds, determines and declares that it has the power 31 to adopt this ordinance pursuant to: (i) Section 31-15-103, C.R.S. (concerning municipal police 32 powers); (ii) Section 31-15-401, C.R.S.(concerning municipal police powers); (iii) the authority 33 granted to home rule municipalities by Article XX of the Colorado Constitution; and (iv) the 34 powers contained in the Breckenridge Town Charter. 35 36 Section 5. This ordinance shall be published and become effective as provided by Section 37 5.9 of the Breckenridge Town Charter. 38 39 INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED 40 PUBLISHED IN FULL this ____ day of _____, 2018. A Public Hearing shall be held at the 41 regular meeting of the Town Council of the Town of Breckenridge, Colorado on the ___ day of 42 ____, 2018, at 7:00 P.M., or as soon thereafter as possible in the Municipal Building of the 43 Town. 44

28 1 TOWN OF BRECKENRIDGE, a Colorado 2 municipal corporation 3 4 5 6 By: ______7 Eric S. Mamula, Mayor 8 9 ATTEST: 10 11 12 13 ______14 Helen Cospolich, CMC, 15 Town Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 500-402\Misuse of Trash Receptacle Ordinance (09-19-18) 61 29 Memo

To: Breckenridge Town Council

From: Brian Waldes, Finance Director

Date: 11-6-18

Subject: 2019 Property Tax Mill Levy

Please find attached the ordinance setting the mill levy within the Town of Breckenridge for 2019 at 5.07 mills. The ordinance is submitted for first reading.

The 5.07 mill levy is the amount the Town is authorized to impose, and cannot be increased without an election. For the 2019 budget year, we are forecasting the 5.07 mill levy to result in property tax revenues of $2.916M, up 1.7% from the 2018 amount of $2.867M. This is a non-assessment year, so a small increase was to be expected. The 2020 budget should see a more significant change after the County Assessor’s biannual assessment process is complete.

The 5.07 mills are for the purpose of defraying the expenses of the General Fund.

30 1 FOR WORKSESSION/FIRST READING – NOV. 13

COUNCIL BILL NO. XX

Series 2018

AN ORDINANCE SETTING THE MILL LEVY WITHIN THE TOWN OF BRECKENRIDGE FOR 2019

WHEREAS, the Town Council of the Town of Breckenridge has determined that a mill levy of 5.07 mills upon each dollar of the assessed valuation of all taxable property within the Town of Breckenridge is needed to balance the 2019 Town budget.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF BRECKENRIDGE, COLORADO:

Section 1. For the purposes of defraying the expense of the General Fund of Breckenridge, Colorado for the fiscal year 2019, there is hereby levied a tax of 5.07 mills upon each dollar of assessed valuation for all taxable property within the Town of Breckenridge.

Section 2. The Town Clerk is authorized and directed, after adoption of the budget by the Town Council, to certify to the Board of County Commissioners of Summit County, Colorado, the tax levies for the Town of Breckenridge, Colorado as herein set forth.

Section 3. This ordinance shall be published and become effective as provided by Section 5.9 of the Breckenridge Town Charter.

INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED IN FULL this 13th day of November, 2018. A Public Hearing shall be held at the regular meeting of the Town Council of the Town of Breckenridge, Colorado on the 27th day of November, 2018, at 7:00 p.m., or as soon thereafter as possible in the Municipal Building of the Town

ATTEST: TOWN OF BRECKENRIDGE

______/s/______/s/______Helen Cospolich, Town Clerk Eric Mamula, Mayor

APPROVED IN FORM

______/s/______Town Attorney Date

31 Memo

To: Breckenridge Town Council

From: Brian Waldes, Finance Director

Date: 11/8/19

Subject: Proposed Budget Hearing

The Town of Breckenridge elects to hold two budget hearings to encourage and facilitate public feedback on the budget document. It is only required to hold one budget hearing upon adoption of the budget. We have the required budget resolution and public hearing scheduled for the November 27th Town Council meeting. For the current November 13th meeting, this memo and link to the proposed 2019 budget (below) are included to inform the additional budget hearing. https://www.townofbreckenridge.com/home/showdocument?id=16190

32 1 Memo

To: Breckenridge Town Council Members

From: Peter Grosshuesch, Director of Community Development

Date: November 7, 2018

Subject: Planning Commission Decisions of the November 6, 2018 Meeting

DECISIONS FROM THE PLANNING COMMISSION MEETING, November 6, 2018:

CLASS A APPLICATIONS: None.

CLASS B APPLICATIONS: 1. Casey Residence, 112 N. French Street, PL-2018-0262 A proposal to rehabilitate, locally landmark, add a connector and addition to an existing historic residence on North French Street. Approved.

CLASS C APPLICATIONS: 1. Climax Jerky Permit Modification, 100 S. Main Street, PL-2018-0520 A proposal to modify an existing small vendor cart permit for Climax Jerky Inc. The modifications include replacing the existing cart with a new covered wagon card that is 6’7” long, 5’4” wide, and about 7’2” tall. The proposed new cart is 34.8 sq. ft. and is below the maximum allowed size of 40 sq. ft. The location of the cart will not change. Approved. 2. Gravity House Renovation and Conversion, 605 S. Park Avenue, PL-2018-0482 A proposal to change the exterior of the current Village Hotel. Changes include color of the building, adding wood trim, wood veneer, glazing, and natural stone veneer. The project also includes a substantial interior remodel which would relocate the existing uses within. No new uses are proposed, and no changes to the existing site plan are proposed with this application. A public easement is proposed for the pedestrian walkway located along the eastern side of the building adjacent to the . Approved.

TOWN PROJECT HEARINGS: 1. McCain Master Plan Modification, PL-2018-0457, TBD State Hwy 9 A proposal to modify the Master Plan for the McCain property to accommodate a future school parcel as well as make other modifications including a water treatment plant (under construction), service commercial, workforce housing, solar field (existing), open space (existing), snow storage, public school, and a Public Works storage area. Approved.

OTHER: None.

33 1 Highfield Tr

Linden Ln Shores Ln

Tiger Rd

Dewey Placer

Marksberry Way Buffalo Ter Long Ridge Dr

Stan Miller Dr

Marks Ln

Gold Run Gulch Rd Clubhouse Dr Clubhouse

Silver Cir

Shekel Ln

Sage Dr

Lake Edge Dr

Hamilton Ct Glen Eagle Loop Discovery Hill Dr

Mumford Pl

Fairways Dr Westerman Rd

Highway 9 Gold Run Rd Preston Way

Coyne Valley Rd Golden Age Dr

Denison Placer Byron Ct Evans Ct

Peabody Ter

Highlands Dr

Fletcher Ct

Floradora Dr

McGee Ln

McCain Master Plan Barney Ford Modification, State Hwy 9

Airport Rd

Rounds Rd

Dyer Trl

Spencer Ct

Tassels Lp Valley Brook St

Forest Cir

SCR 452

SCR 450

Main St N St Main 34 Peerless Dr Reiling Rd Park Ave N

Breckenridge North J Breckenridge South Breckenridge

J

Logan Dr Logan

Bridge St Bridge

French Gulch Rd Gulch French Wolff Lyon Rd Lyon Wolff

French Street Grey Ln Grey Casey House, 112 N.

French Street

Stables Dr Stables

Sisler Green Sisler Locals Ln Locals Levy House Restoration

and Landmarking, 112 S.

Rachel Ln Rachel

Bright Hope Dr Hope Bright

Brookside Ln Brookside

Campion Tr Campion

Sheppard Cir Sheppard

Reiling Rd Reiling

Boreas Pass Rd Pass Boreas

Sunbeam Dr Sunbeam

Klack Rd Klack

Pine St S St Pine

Hermit Dr Hermit

Pine St N St Pine

Royal Tiger Rd Tiger Royal

Carter Dr Carter

Corkscrew Dr Corkscrew

Riverwood Dr Riverwood

Gold Flake Ter N Ter Flake Gold

High St S St High

High St N St High

Hwy 9 Hwy

Adams Ave E Ave Adams

Harris St S St Harris Red Feather Rd Feather Red Tomahawk Ln Tomahawk

Briar Rose Ln Rose Briar

French St S St French

Lincoln Ave Lincoln

WellingtonRd

Ridge St S St Ridge French St N St French

Snowberry Ln Snowberry

Luisa Dr Luisa Main St S St Main

Main St N St Main

Columbine Rd Columbine

Watson Ave Watson

Broken Lance Dr Lance Broken White Cloud Dr Cloud White

Gold King Way King Gold

Airport Rd Airport

Park Ave S Ave Park

Park Ave N Ave Park

Amber Ct Amber

Village Rd Village

Woods Dr Woods

Kings Crown Rd Crown Kings Sawmill Rd Sawmill

Four Oclock Rd Oclock Four

Bluff Ct Bluff

Peerless Dr Peerless

Lomax Dr Lomax

Peak Nine Rd Nine Peak

Beavers Dr Beavers

Iliff Ct Iliff

Christie Ln Christie Union Tr Union

Windwood Cir Windwood

Grandview Dr Grandview

Ski Hill Rd Hill Ski

Highwood Cir Highwood

Settlers Dr Settlers

Boulder Cir Boulder

SCR 708 SCR

SCR 709 SCR Timber Trail Rd Trail Timber Gravity House 605 S. Park Avenue Renovation/Conversion,

100 S. Main Street Peak Eight Rd Eight Peak Climax Jerky Wagon Small

Vendor Cart Permit Modification, 35 Town of Breckenridge Date 11/06/2018 Planning Commission Regular Meeting Page 1

PLANNING COMMISSION MEETING

The meeting was called to order at 5:30 p.m. by Chair Mathews-Leidal.

ROLL CALL Christie Mathews-Leidal Jim Lamb (absent) Ron Schuman Mike Giller Steve Gerard Dan Schroder Lowell Moore

APPROVAL OF MINUTES With the below changes, the October 16, 2018 Planning Commission Minutes were approved.

Mr. Giller – change to read, house should be moved if to save out of necessity. Top of page 4

APPROVAL OF AGENDA With no changes, the November 6, 2018 Planning Commission Agenda was approved.

PUBLIC COMMENT ON HISTORIC PRESERVATION ISSUES: Lee Edwards Commented: Parking is a detriment in the front yards within the Historic District. I would like it to be part of the code amendments we are making. Forcing a vehicle into the front yard is an eye sore within the Historic District and puts the structures out of context.

CONSENT CALENDAR: 1. Climax Jerky Permit Modification (CK), 100 S. Main Street, PL-2018-0520 2. Gravity House Renovation/Conversion (CK), 605 S. Park Ave, PL-2018-0482

With no call ups, the Consent Calendar was approved as presented.

FINAL HEARINGS: 1. Casey Residence (CK), 112 N. French Street, PL-2018-0262 Mr. Kulick presented a proposal to rehabilitate, locally landmark, and add a connector and addition to existing historic residence on North French Street.

Commissioner Questions / Comments: Mr. Giller: There are small elevation numbers that I can’t quite make out on the plan. Can you verify that it is two feet? (Mr. Kulick verified the numbers.) You call it a shed roof but it really looks like an unequal gable? (Mr. Kulick: From a staff level we do consider it a shed. But I do see your point.) It’s not a shed roof so we shouldn’t be calling it that. It could cause confusion. (Mr. Kulick: We will call it an unequal gable instead of shed and modify the staff report.) Ms. Leidal: Can we wrap in a finding about portions of the out buildings being off-site? (Mr. Kulick: I have included why they got positive three points under Policy 24/A for historic preservation. They received positive points because the historic structures are in their historic locations, have avalid easement from the neighboring property and there is past precedent for awarding positive points to rehabilitated outbuildings that straddle property lines.) (Ms. Puester: We can include a finding so we don’t lose track of it over time since it was processed separately with a Class D.) (Mr. Kulick: Would the applicant be opposed to a finding?) (Mr. Edwards: I have no opposition.) Mr. Schuman: Did you decide if the points stay with the project? (Mr. Kulick: The points will stay with the 36 Town of Breckenridge Date 11/06/2018 Planning Commission Regular Meeting Page 2

property as long as the development permits are vested.)

Lee Edwards, Architect, Presented: The connector was reduced in height and the building became narrower. We brought the height down and the accessory apartment was a great suggestion.

Mr. Kulick: I did receive an email from Lynn Hoffman President of the Longbranch HOA. Mr. Kulick distributed the email to the Commission. (Commission took a few minutes to read said email.) Ms. Leidal: Opened the hearing to public comment. With no public comments the hearing was closed. Ms. Puester: Ms. Puester read a proposed finding for the out buildings Ms. Matthews-Leidal requested, The historic sheds located partially off of the property have been documented by a recorded easement to allow for the sheds to remain in their historic locations rather than relocated per Policy 24. Also, when we do the handbook update we can clarify the roof forms accepted with connectors. Mr. Gerard: As I look at the plans with the change to add an apartment, this will have three potential separate living areas locked off. The historic house can be locked off, the new apartment could be locked of on the east, and then the connector could be locked off as well. I think this now could be set up as a triplex. I think it meets standards and point analysis but it could now be used as a high density property. Mr. Giller: Does it meet parking now with the apartment? (Mr. Kulick: It does. It hasn’t changed despite the apartment. There are three spaces on site.) Mr. Schroder: We had asked for a number of corrections and you have responded well and met the code. I see no code reasons to not support the project. It has definitely come a long way. Mr. Giller: The project has come a long way from the first meeting and I support staff analysis. Mr. Schuman: I too support staff and thanks for the cooperation between staff and applicant. Mr. Moore: I didn’t see any of the preliminary plans but the final looks really good. I support the project. Ms. Leidal: I support staff analysis and appreciate all the work by staff and applicant.

Mr. Giller motioned to approve with a passing point analysis of positive nine points and the new finding number 6. which was read into the record, seconded by Mr. Schuman. The motion passed unanimously (6-0).

PRELIMINARY HEARINGS: 1. Levy House Restoration and Landmarking (JL), 112 S. French Street, PL-2018-0496 Mr. Lott presented a proposal to relocate the house two feet to the north, restore the facades, add a new 900 sq. ft. basement, install a full foundation under the historic house, locally landmark the historic structure, and renovate the interior.

Commissioner Questions / Comments: Mr. Giller: Do you have any historic photos of the house? (Mr. Lott: We have one. The picture was shown to the Commission.) Mr. Schroder: Does the easement shift with the house? (Mr. Lott: I assume no. I don’t think they need to modify it, except maybe for the patio and landscaping.) The entrance through the property is through the Library parking lot? (Ms. Puester: That is a revocable easement and could be taken away at any time.) And we just won’t worry about that? Ms. Leidal: Have we ever counted the density over a property line? Would staff be amendable to a lot line adjustment? (Ms. Puester: A lot line vacation would be the cleanest but resubdivision hasn’t 37 Town of Breckenridge Date 11/06/2018 Planning Commission Regular Meeting Page 3

been proposed. If subdivided east and west, there would be no street access for the rear lot. They wouldn’t be able to do that legally.) (Mr. Lott: We will be looking into different options with the Town Attorney.) Did we allocate density with the BBC? (Ms. Puester: We did as part of the master plan. We would like to figure out the lot line/density allocation options with the Town Attorney.) Have we ever allocated points for landscaping off site? (Ms. Puester: We have seen some crossover, not sure if it was ever for points. We are presenting that to the Commission today as a question to get your feedback. The easement would have to be modified if the answer is yes to incorporate the landscaping on to the lot.) Mr. Giller: There is new plant material shown outside of the existing easement? (Mr. Lott: Correct.) Mr. Schroder: I am concerned about the crossover in landscaping. Legally if the tree falls and causes damage who is responsible? (Ms. Puester: We would have to have new easement language for the landscaping so that will be clarified and expanded to include the entirety of the area.) Mr. Giller: I think the patio is fine it could be softened at the east side with landscaping there instead of the adjacent lot to buffer it.

Janet Sutterley, Architect, Presented: Both lots are owned by the same family. They are currently in the same family. We explored splitting the lot front to back but the problem is the access. We would like to continue to pursue the access ideas and make the revocable easement to the Town parking lot permanent. The house as it stands is over density and mass so you could never add to the house. It is not possible. The lot split is very complicated. When they put the driveway in they also put in trees on the adjacent property. The foundation is sitting on a historic foundation on parts of the house. Some of the foundation is newer. We are doing more research to date the foundation. The original window is shown in the photo and there is a spot for a double hung. Now it is mulled together. The original three windows will be restored. In the rear we are changing the upper window to a door. The front window is assumed to have been the same as the side windows. We won’t know for certain about all windows until we open up the walls. We haven’t worked out details on the patio yet. We are not raising the floor elevation. The old wood shingles are under the metal roof but there is no telling what condition they are in until we pull the metal roof off. The biggest improvement is taking off the siding and going back to 4 ½ inch beveled reveal. We are one point short of passing and will plan to make that up with the HERS rating.

Mr. Giller: Are you changing the size of the doors? (Ms. Sutterley: No, but changing a window to a door for an upper deck.) Ms. Leidal: Why are you moving the house? (Ms. Sutterley: Since we are putting it on a foundation it makes sense to move it to the north set back line and increase the size of the yard to the south. It will barely be noticeable.) Mr. Schuman: What are you not upgrading? (Ms. Sutterley: We are gutting the house and redoing everything.)

Public Comments: Lee Edwards: I encourage the rehab of the structure. I think the movement of the house should be encouraged to make the property more functional.

Commissioner Questions / Comments: Mr. Schuman: I do not support the proposed landscaping. The talk about offsite points concerns me. The front yard and patio should be reduced. We should be able to get to local landmarking. I do agree with the point analysis. It seems like there is an ulterior motive for the move. I don’t think I am supportive of it if there is no real need. Mr. Moore: I questioned tying the landscape to the easement. I think Ms. Puester answered that by changing the wording of the easement. I am supportive of the points. The front yard and patio is a work in progress so I don’t have an assessment at this time. I still need more 38 Town of Breckenridge Date 11/06/2018 Planning Commission Regular Meeting Page 4

education about local landmarking to weigh in on the issue. My only big concern at this point is to understand who is responsible for the landscaping. Mr. Gerard: I think this property is a giant mess right now. The first thing they need to do is clean up the lot line and give them access through the back parking lot. I do not support the landscaping. It will cause problems in the future. I don’t see any reason to move the house two feet. I am very opposed to the move. I will vote against the project if it is moved. Yes on landmarking. A great project but we are not there yet. (Ms. Puester: Moving the house is not an absolute fail per the code, it would receive negative points as has been assessed. We cannot fail a project under that policy.) Mr. Schroder: I am concerned about the landscaping being off-site. We understand we give points for off- site employee housing and I don’t think it should go any further. There is not enough info on the yard and patio to make any decisions. Yes on the landmarking. I can’t say at this time if the point analysis is supportable. Mr. Giller: I have real doubts about the landscaping. It is too early to assess the patio. Yes to landmarking. Point analysis yes with the change in landscaping to be on site in the front yard. Very happy to see this house restored. Ms. Leidal: I do not support the landscaping in the easement. Precedent could set unintentional consequences regardless of the family owning both lots. Need more information about the patio. I would like to see the fence moved on site. Yes on landmarking. I do not support the point analysis because of the landscaping points. I think the lot line adjustment should be modified east to west.

TOWN PROJECTS: 1. McCain Master Plan Modification (JL), TBD State Hwy 9, PL-2018-0457 Mr. Lott presented a proposal to modify the Master Plan for the McCain property to accommodate a future school parcel as well as make other modifications, including the new water treatment plant, service commercial, workforce housing, solar field, open space, snow storage, public school, and a Public Works storage area.

Commissioner Questions / Comments: Mr. Schroder: The Mountain Top Children’s Museum has an interest and the Peaks School has showed interest in the land and I wonder if there is a misunderstanding about the use of the land. (Mr. Truckey: I sent a letter to Mountain Top and explained the details of the land trade. Not sure if we have talked to the Peaks School.) (A man in the audience identified himself as a representative of the Peaks School and noted that he has been informed.) It was previously proposed to have green level mountain bike trails on it and I am also wondering if while it is sitting idle will it be available to the public? (Mr. Truckey: If we get it graded it may be possible but we won’t put a significant amount of resources into it since it may eventually be developed.) 33% of the land is intended for Open Space. What if we chew away into the land mass and absorb that 33%. Will it be paid back? (Ms. Puester: We won’t touch that river corridor and will maintain the 33% at a minimum always. You have that one-third plus the 150 feet buffer along the highway for 44% open space and then whatever happens on Tract 8 will be additional.) Ms. Leidal: Have you looked into the reports on wildlife crossing by the US Forest Service? (Mr. LaChance: The only area identified as a wildlife crossing by the Forest Service was farther north towards the river crossing under the Highway by Gold Hill/DNR.)

Public Comments: Lee Edwards: Great staff report. Got a lot of information in there and the 1/3 is set in stone. What is the mixed use in the Stan Miller project? (Mr. Kulick: Residential but some commercial. Over 80% residential I believe; the 39 Town of Breckenridge Date 11/06/2018 Planning Commission Regular Meeting Page 5

mixed use is along Stan Miller Drive). The parking is gone because it is going to Block 11. Does CMC own up to Coyne Valley road? (Ms. Puester: Yes.) Why has the solar garden been downsized on McCain? Is that a new direction by Council? Why downsize after such a big push for solar. Why is the school site in the center when we have an education center already near the southern portion of the site. There will be a need to have a new river crossing. Can we look at using this road as a link to Peak 7 and close off the intersection of Coyne Valley and Hwy 9? Can we make the road more direct? We like to see functional open space. A strip here and there doesn’t make a difference. The view up Coyne Valley is wonderful. Tract 8 housing rubs the wrong way. The river corridor is great. I still hold to the lake Breckenridge idea. Maybe this is the time the town could give the Boy and Girl Scouts some space here so they don’t have to meet at Upper Blue Elementary? Does it go to Council after this meeting? (Ms. Puester: Yes, next week.) (Mr. Truckey: There are plans for a new river crossing on Coyne Valley Road.)

Commissioner Questions / Comments: Mr. Schroder: Good plan. Meeting the 1/3 requirements for open space is good. Look forward to seeing it come to fruition. Mr. Moore: I think it is a functional plan. There are things that still need to be addressed but a good plan. Mr. Gerard: I think this design is the best use of what is out there. It is quality open space. I don’t think the school district has any plan to build a school. Keeping it open to Coyne Valley is a good idea. I like that the southern part of McCain remaining as open space. I like the lake idea. It is a good plan but we know it will be modified and amended. Mr. Schroder: I appreciate the public open house. I think it is good plan and support it as is and I think the lake will dry up on its own now although that is not popular. Mr. Giller: I support the plan. It provides good space for growth and solving problems. The real open space is the river corridor which is very high quality open space and it is a good plan. Ms. Leidal: I think the plan reflects many needs of the community and I support it.

Mr. Schuman motioned to recommend approval with a passing point analysis of zero, seconded by Mr. Gerard. The motion passed unanimously (6-0).

OTHER MATTERS: 1. New Planning Commission Chair Election Mr. Gerard made a motion to appoint Mr. Giller to Chair, seconded by Mr. Schroder. The motion passed unanimously (6-0). Mr. Schuman made a motion to appoint Mr. Gerard to Vice Chair, seconded by Ms. Leidal. The motion passed unanimously (6-0). 2. Town Council Summary (Memo Only)

ADJOURNMENT: The meeting was adjourned at 7:35 pm.

Christie Mathews-Leidal, Chair

40 Memo

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Recreational, Open Space, and Governmental Uses.”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rchitecture: 1. This Master Plan is not within the Breckenridge Conservation District boundary and does not seek to replicate Breckenridge’s historic architecture. Architecture should be sensitive to the McCain property’s scenic function. Due to high visibility of the property, architectural design is of great importance and should incorporate low profile designs and non-contrasting colors. 2. The color of exterior structure materials must generally be subdued. Earth tones are encouraged although accent colors which are used judiciously and with restraint may be permitted. 3. Architectural detail and design will meet all applicable Town Codes.  7KHDERYHODQJXDJHLVSURSRVHGZLWKWKH0DVWHU3ODQPRGLILFDWLRQ3ODQQLQJ&RPPLVVLRQKDVQRFRQFHUQV 7KHVHJXLGHOLQHVZLOOEHDGGHGRQWKHILQDOP\ODU0DVWHU3ODQ  %XLOGLQJ +HLJKW $ DQG 5  /8'  VWDWHV “Building heights will be determined through the development review process, but generally buildings in excess of two stories are discouraged.”8QGHUWKH SUHYLRXV0DVWHU3ODQPRGLILFDWLRQ3ODQQLQJ&RPPLVVLRQSURSRVHGWKDWDPD[LPXPEXLOGLQJKHLJKWRIWZR VWRULHVEHDOORZHGZLWKLQIHHWRIWKH+LJKZD\ULJKWRIZD\%H\RQGWKHIRRWVHWEDFNEXLOGLQJ KHLJKWVJUHDWHUWKDQWZRVWRULHVDUH³GLVFRXUDJHG´VLPLODUWRWKH/8'ZRUGLQJ7KXVEH\RQGWKH IRRWVHWEDFNDUHDDQ\SURSRVDOIRUEXLOGLQJVKLJKHUWKDQWZRVWRULHVZRXOGLQFXUQHJDWLYHSRLQWVSXUVXDQWWR WKH UHODWHG 'HYHORSPHQW &RGH SROLFLHV 7KLV KHLJKW UHTXLUHPHQW UHPDLQV ZLWK WKLV 0DVWHU 3ODQ 8SGDWH 3ODQQLQJ&RPPLVVLRQKDVQRFRQFHUQV  6LWHDQG(QYLURQPHQWDO'HVLJQ 5 $OORIWKHSURSRVHGGHYHORSHGXVHVRQWKHVLWHDUHWRRFFXURQWKH 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UUNITSN I T S LLANDA N D UUSESS E S TTRACTR A C T AACRESC R E S % OOFF TTOTALOTA L ((141 4 - 202 0 UPA)U PA )

WATER TREATMENT PLANT TRACT 1 3.7 AC 2.9% TTractract 99:: 11.6.6 AcresAcres SERVICE COMMERCIAL TRACT 2 7.5 AC 5.8%

EExistingxisting RRecyclingecycling CenterCenter HOUSING TRACT 3 4.0 AC 3.1%

EXISTING SOLAR FIELD TRACT 4 2.7 AC 2.1% TTractract 110A0A : 3.83.8 AcresAcres WƌŽƉŽƐĞĚDĂƐƚĞƌWůĂŶ OPEN SPACE / BUFFER TRACT 5A 0.8 AC 0.6% OOpenpen SSpacepace OPEN SPACE / BLUE RIVER BUFFER TRACT 5B 3.1 AC 2.4% SNOW STORAGE TRACT 6 10.0 AC 7.8%

SCHOOL TRACT 7 10.0 AC 7.8% River Corridor OPEN SPACE / RECREATION / HOUSING TRACT 8 19.9 AC 15.5% 278 - 398 EXISTING RECYCLING CENTER TRACT 9 1.6 AC 1.2%

Future Bike Path BLUE RIVER CORRIDOR AND OPEN SPACE TRACT 10A 3.8 AC 3.0%

BLUE RIVER CORRIDOR AND OPEN SPACE TRACT 10B 34.9 AC 27.1%

D : 33.1.1 AcresAcres 150’ MINIMUM SCENIC CORRIDOR TRACT 11 12.3 AC 9.6%

A Bike Path / Open Space / TTractract 110B0B TRAILHEAD / RIVER ACCESS / PARK TRACT 12 2.0 AC 1.% O : 334.94.9 AAcrescres Blue River Buff er ROAD / RIGHT-OF-WAY TRACT 13 8.5 AC 6.6%

R BBluelue RRiveriver CCorridororridor & OOpenpen SSpacepace PUBLIC WORKS TRACT 14 3.8 AC 3.0%

Y TOTALS 128.6 AC 100% 278 - 398

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BlueB ue RRiverRiviiv E TractTrT acact 1212: 25’2525’ BikeBiB kek Path N 2.022.0 AcAAcrescres CCorridororoorrirriridodo Y Trailhead / O River TractTrT acct 144: 3.3.88 AcAAcresres

COYNE VALLEY VALLEY ROAD CCOYNE Access / TractTract 7 PublicPubliic WWorksorksk Park : 1010.00.00 AAcrescrcrese TractTrT act 8:19.9:19.9 AcresAcrer s (2) Future OpenOpOpen Space Spap cec / RecreationRececrereatatioon / HousingHoH usu inng Bike / TractTTt6rractacact 6 Snow StoraStorageStoragege Pedestrian TractTracct 4: 2.22.77 AcresAcA rer s Underpass ExistingExExistixistit ng SolarSo ara FieldFiee d

TractTracct 3 Tractraact 1313: 8.88.55 AcAcrescreres TractTTracct 2 4.04.4 0 AcresAcrees : 7.7.55 AAcAcresrereses HousingHooussinng Roadadd / Right-of-WayRigghthht-of-Wat-oof-f WaW y ServiceServicce CommerciCoCCommercialommerrcic aal FutureFuFutuF tut : 12112.3.33 AAcrescres BikeBikee 150’ Minimumm SceSScenicceennic CoCorridororrrriddoro TractTrTracact 1111 UnderpassUUnUndended HIGHWAYHI 9 Existing Blueuuee RiverRiR vever BikewayBiBikkeewaway GHW TractTrTracact 5A5A AY : 0.00.88 AcAAcrescrees 9 OpenOppeen SSpacepaacce / BBuffuuff erer Future Relocation of ExistingExxisstting BikewayBikkewewayy TractTTracct 1 WaterWaW teter TrTTreatmenteae tmt ent PPlPlantana t

0 150 300 600 Note:NoN tet : FurtherFuurtrtheer studstsstudytudu y neededneneedededed oonn bikebbikek path locations and routes

NORTH SCALE: 1”=300’

MCCAIN BLOCK 11 | CONCEPT 10.10.18 49

October 22, 2015 October McCain Concept Plan 50

Coyne Valley Rd Recycling CenterRRe e 1.4 AC Over Parking 4.8 AC À ow Open Space 23.4 AC Snow Storage 2.3 AC džŝƐƚŝŶŐDĂƐƚĞƌWůĂŶ geg e Blue River Snow Storage Storage 3.7 AC Snow 2.7 AC Commercial 1.6 AC Service Service c e ci i ala Solar Field Expansion l 2.7 AC Solar Field Snow Storage Existing 2.7 AC 2.9 AC Storage 4.4 AC Works Public ACA Tatro Subdivision, g C e Commercial

Fairview Blvd. Residential 10.1 AC Treatment 3.8 AC 3.8 Water Water Plant McCain Concept Plan Chart Over

rpsdSlrFedEpnin27A 2.1 AC 2.7 Proposed SolarFieldExpansion Highway 9 Highway À o akn +-50sae)48A 3.7 AC 4.8 ow Parking (+/-500spaces) eieta 5-0 nt)1. C7.9 AC 10.1 Residential (50-100units) 0’Bu ie ordr2. C21.5 AC 27.7 300’ BlueRiverCorridor 5’Hgwy9Stak1. C9.3 AC 12.0 150’ Highway9Setback ae ramn ln . C3.0 AC 3.8 Water Treatment Plant eiae pnSae2. C18.2 AC 23.4 Dedicated Open Space ulcWrsSoae44A 3.4 AC 4.4 Public Works Storage evc omril16A 1.2 AC 1.6 Commercial Service pnSaeBfes1. C12.0 AC 15.4 Open SpaceBuffers xsigSlrFed27A 2.1 AC 2.7 Existing SolarField odRgto a . C5.4 AC 7.0 Road RightofWay Stan MillerDrive Stan pnSaeUe ce % ofTotal Acres Open SpaceUses eyln etr14A 1.1 AC 1.4 Recycling Center nwSoae1. C9.1 AC 11.6 Snow Storage ieTtl186A 100.0 AC 128.6 Site Total adUe ce % ofTotal Acres Uses Land u oa 85A 61.0 AC 78.5 Sub Total u oa 01A 39.0 AC 50.1 Sub Total 3URSRVHG 0F&DLQ 0DVWHU 3ODQ 6WDQ 0LOOHU 0DVWHU 3ODQ 51 

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Thank you,

Tiernan Spencer 52 Assistant Director Mountain Top Children’s Museum, Inc. tƌŝƚƚĞŶZĞƐƉŽŶƐĞƐ͗

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ϭ͘ >ŝŐŚƚƉŽůůƵƚŝŽŶŝƐŵLJďŝŐŐĞƐƚĐŽŶĐĞƌŶ͘D͛ƐůŝŐŚƚƐĨůŽŽĚŵLJĞŶƚŝƌĞŚŽƵƐĞǁŚĞŶƚŚĞLJŚĂǀĞƚŚĞŝƌ ƉĂƌŬŝŶŐůŽƚůŝŐŚƚƐŽŶ͘ĚĚŝŶŐLJĞƐĂŶŽƚŚĞƌƐĐŚŽŽůŽŶůLJŵĂŬĞƐƚŚŝƐǁŽƌƐĞ͘ Ϯ͘ tŚĂƚŚĂƉƉĞŶĞĚƚŽƚŚĞŽƉĞŶƐƉĂĐĞ͍dŚĞƉĂƌŬͬŽƉĞŶƐƉĂĐĞĐŽŶĐĞƉƚƉƌĞƐĞŶƚĞĚϭнLJĞĂƌƐĂŐŽǁĂƐŐŽŝŶŐ ƚŽďĞƐƵĐŚĂŐƌĞĂƚĂŵĞŶŝƚLJĨŽƌƚŚĞƚŽǁŶ͘/ƵŶĚĞƌƐƚĂŶĚƚŚĞŶĞĞĚĨŽƌŚŽƵƐŝŶŐďƵƚǁĞƐŚŽƵůĚƐĂĐƌŝĨŝĐĞ ƚŚĞƚŽǁŶ͞ŐĂƚĞǁĂLJ͟ĨŽƌŝƚ͘ ϯ͘ /ĨLJŽƵĚŽŵŽǀĞĨŽƌǁĂƌĚǁͬŚŽƵƐŝŶŐ͕ƉůĞĂƐĞĚĞƐŝŐŶŝƚďĞƚƚĞƌƚŚĂŶůƵĞϱϮ͘/ŶŵLJŽƉŝŶŝŽŶŝƚŝƐǀĞƌLJƵŐůLJ ĂŶĚĐŽƵůĚŚĂǀĞďĞĞŶĚĞƐŝŐŶĞĚͬůĂLJĞĚŽƵƚďĞƚƚĞƌ͘ 





53 sĞƌďĂůZĞƐƉŽŶƐĞƐ͗

'ĂŝůYƵŝŐůĞLJ͕WĞĂŬϳ͗tŚĂƚŝƐƚŚĞĚĞƐŝŐŶĂƚĞĚdZƐƉĂĐĞĨŽƌƚŚĞŚŽƵƐŝŶŐĂƌĞĂ͍;Dƌ͘dƌƵĐŬĞLJ͗ƉŽƚĞŶƚŝĂů ƌĞĐĞŝǀŝŶŐĂƌĞĂ͘/ƚŵƵƐƚŐŽƚŚƌŽƵŐŚĂĨŝƚƚĞƐƚĨŝƌƐƚ͘ͿtŚĂƚĚŽĞƐƚŚĞDĂƐƚĞƌWůĂŶĐĂůůŝƚŶŽǁ͍;Dƌ͘dƌƵĐŬĞLJ͗ ƌĞĐĞŝǀŝŶŐĂƌĞĂ͘Ϳ/ƐƚŚĞƉƌŽƉŽƐĞĚďŝŬĞƚƌĂŝůǁŚĞƌĞƚŚĞŐƌĂǀĞůǁĂƐũƵƐƚƉƵƚŝŶ͍;Dƌ͘dƌƵĐŬĞLJ͗ZŽƵŐŚůLJ͕ŝƚ͛ƐŽŶ ƚŚĞďĂŶŬůŽŽŬŝŶŐƚŽǁĂƌĚƚŚĞƌŝǀĞƌ͘Ϳ,ĂƐƚŚĞƐĐŚŽŽůĂƌĞĂŽƌƌĞĐƌĞĂƚŝŽŶĂƌĞĂďĞĞŶĐŽŶƐŝĚĞƌĞĚĨŽƌƚŚĞŶĞǁĨŝĞůĚ ŚŽƵƐĞĚŝƐĐƵƐƐŝŽŶ͍;Dƌ͘'ƌŽƐƐŚƵĞƐĐŚ͗EŽ͘Ϳ,ĂǀĞLJŽƵƚĂůŬĞĚĂďŽƵƚdƌĂĐƚϭϬďĞŝŶŐĂĐĂŵƉŝŶŐĂƌĞĂŽƌŝƐƚŚĂƚ ŽĨĨƚŚĞƚĂďůĞ͍;Dƌ͘'ƌŽƐƐŚƵĞƐĐŚ͗/ƚĚŝĚĐŽŵĞƵƉďƵƚǁĂƐƌĞũĞĐƚĞĚĂƐĂƐƵŝƚĂďůĞƐŝƚĞ͘Ϳ

ƌŝĐĞŐĞƌďĞƌŐ͕ϰϮϴ^ŝůǀĞƌŝƌĐůĞ͗dŚĞďŝŬĞƉĂƚŚ͕ďLJƚŚĞƌŽƵŶĚĂďŽƵƚ͕/ƚŚŝŶŬLJŽƵǁĂŶƚƚŽĐŽŶƐŝĚĞƌĂŶ ƵŶĚĞƌƉĂƐƐĚƵĞƚŽƚƌĂĨĨŝĐĂŶĚƐĂĨĞƚLJ͘;Dƌ͘'ƌŽƐƐŚƵĞƐĐŚ͗hŶĚĞƌ^ƚĂŶDŝůůĞƌƌŝǀĞ͍ͿzĞƐ͘

ƌƚůďŝŶ͕ϱϭϮ^ŚĞŬĞů>ĂŶĞ͗/ŚĂǀĞďĞĞŶƚŽƐĞǀĞƌĂůŵĞĞƚŝŶŐƐƌĞůĂƚŝŶŐƚŽƚŚŝƐƉƌŽƉĞƌƚLJ͕ƚŽĚĂLJ/͛ŵŚĞƌĞ ƌĞƉƌĞƐĞŶƚŝŶŐƚŚĞWĞĂŬ^ĐŚŽŽů͕ĂŶŝŶĚĞƉĞŶĚĞŶƚƐĐŚŽŽůŝŶ&ƌŝƐĐŽ͘tĞĂƌĞůŽŽŬŝŶŐĨŽƌƐĐŚŽŽůƐŝƚĞƐƚŚĂƚŵŝŐŚƚďĞ ĂŶĂůƚĞƌŶĂƚŝǀĞƚŽŽƵƌĐƵƌƌĞŶƚůĂŶĚ͘tĞǁĂŶƚƚŽŬĞĞƉŽƵƌŽƉƚŝŽŶƐŽƉĞŶ͘tŚĞŶŝƚĐĂŵĞƚŽŽƵƌĂƚƚĞŶƚŝŽŶƚŚĂƚ ƚŚĞĐŽƵŶĐŝůǁĂƐĐŽŶƐŝĚĞƌŝŶŐƚŚŝƐĂƐĂƉŽƐƐŝďůĞƐĐŚŽŽůƐŝƚĞ͕/ǁĂŶƚĞĚƚŽďƌŝŶŐƚŽLJŽƵƌĂƚƚĞŶƚŝŽŶƚŚĂƚǁĞĂƌĞ ƐĞĞŬŝŶŐƐŽŵĞƚŚŝŶŐƐŝŵŝůĂƌ͘

DŝƚĐŚZŝŶŐƋƵŝƐƚ͕ϭϯϮϬϯ,ŝŐŚǁĂLJϵ͗/͛ŵƌŝŐŚƚĂĐƌŽƐƐĨƌŽŵƚŚĞǁĂƚĞƌƚƌĞĂƚŵĞŶƚƉůĂŶƚ͘ƐĨĞĞĚďĂĐŬ͕ŚŝŐŚ ƚƌĂĨĨŝĐŝŶƚŚĂƚĂƌĞĂƚŽĚŽƐŶŽǁƐƚŽƌĂŐĞǁŽƵůĚďĞƉƌĞƚƚLJĞdžƚƌĞŵĞ͘/ƚŚŝŶŬǁĞĐĂŶĚĞĂůǁŝƚŚŝƚŐŝǀĞŶƚŚĞĨĂĐƚ ƚŚĂƚƚŚĞƉƌŽƉŽƐĞĚƌŝŐŚƚŽĨǁĂLJǁŝůůŐŽŝŶ͘/Ĩ/͛ŵĐŽƌƌĞĐƚ͕ƚŚĂƚƌŝŐŚƚŽĨǁĂLJǁŽƵůĚŐŽĨƌŽŵŽLJŶĞsĂůůĞLJ͕ƉĂƐƚ ƚŚĞƵŝůĚŝŶŐĞŶƚĞƌ͕ƉĂƐƚ^ƚĂŶDŝůůĞƌŝĨ/͛ŵŶŽƚŵŝƐƚĂŬĞŶ͍;Dƌ͘>ŽƚƚƉŽŝŶƚĞĚŽŶƚŚĞŵĂƉǁŚĞƌĞŝƚǁŽƵůĚďĞ͘Ϳ tŽƵůĚŶ͛ƚƐŶŽǁƐƚŽƌĂŐĞĂůƐŽďĞĂǀĂŝůĂďůĞĂŶĚƉŽƐƐŝďůĞŽŶƉŽƌƚŝŽŶŽĨdƌĂĐƚϴ͍/ƚǁŽƵůĚŐŝǀĞLJŽƵƐŽŵĞƌŝŐŚƚŽĨ ǁĂLJĂĐĐĞƐƐĨƌŽŵŽLJŶĞsĂůůĞLJƵƉƚŽƚŚĞƌŝŐŚƚŽĨǁĂLJĂŶĚƌŝŐŚƚŝŶƚŽdƌĂĐƚϴ͘dŚĞƌĞŝƐĂůŽƚŽĨƉĞŽƉůĞĐŽŵŝŶŐ ƚŚƌŽƵŐŚƚŚĞƌĞƌŝŐŚƚŶŽǁǁŝƚŚƚŚĞƵŝůĚŝŶŐĞŶƚĞƌĂŶĚƚŚĞtĂƚĞƌdƌĞĂƚŵĞŶƚWůĂŶƚ͘/ůŽŽŬĨŽƌǁĂƌĚƚŽŵŽƌĞ ŽƉĞŶĚŝĂůŽŐƵĞĂďŽƵƚƚŚŝƐ͘ dŽŵsŝƚĂůŽŶĞ͕ϳϰϭ&ĂŝƌǀŝĞǁůǀĚ͕͘ĂůƐŽŽǁŶϮs͛Ɛ>ĂŶĚƐĐĂƉŝŶŐŽŶdƌĂĐƚϮ͗tĞƌĞLJŽƵƉůĂŶŶŝŶŐŽŶĨŝůůŝŶŐŝŶƚŚĞ ƉŽŶĚĨŽƌƐŶŽǁƐƚŽƌĂŐĞ͍;Dƌ͘'ƌŽƐƐŚƵĞƐĐŚ͗zĞƐ͘ͿtĞůůƚŚĂƚ͛ƐĂďƵŵŵĞƌďĞĐĂƵƐĞƚŚĂƚ͛ƐǁĂƚĞƌƚŚĂƚĨůŽǁƐĂůů LJĞĂƌƌŽƵŶĚ͕ƚŚĞƌĞĂƌĞŚƵŶĚƌĞĚƐŽĨŐĞĞƐĞĂŶĚĚƵĐŬƐƚŚĂƚƐĞĞŵƚŽǁŝŶƚĞƌƚŚĞƌĞ͘ŶĚƚŚĞƌĞ͛ƐĂůŽƚŽĨƚƌŽƵƚŝŶ ƚŚĂƚƉŽŶĚŝŶƚŚĞƐƵŵŵĞƌ͘/ƚ͛ƐƚŽŽďĂĚƚŚĂƚĐĂŶ͛ƚďĞĂŶĂƐƐĞƚĂƐŽƉƉŽƐĞĚƚŽĨŝůůŝŶŐŝƚŝŶ͘/ƚǁŽƵůĚďĞĂďŝŐ ŵŝƐƚĂŬĞ͘

>ĞĞĚǁĂƌĚƐ͗tŚĂƚŚĂƉƉĞŶĞĚƚŽƚŚĞŽƉĞŶƐƉĂĐĞŐƵLJƐ͍dŚĂƚ͛ƐǁŚLJǁĞŐŽƚƚŚĞƉƌŽƉĞƌƚLJ͘;Dƌ͘'ƌŽƐƐŚƵĞƐĐŚ͗ ĂůŵŽƐƚŚĂůĨŝƐŽƉĞŶƐƉĂĐĞ͘Ϳ/ĚŽŶ͛ƚůŝŬĞĂĚĚŝŶŐƚŚĞƚĂŐůŝŶĞĨŽƌŚŽƵƐŝŶŐ͘tĞĂůƌĞĂĚLJĐŽŶƐƵŵĞĚůŽĐŬϭϭĨŽƌ ŚŽƵƐŝŶŐĂŶĚƉƵƚƚŝŶŐĂŶŝƐŽůĂƚĞĚĐŚƵŶŬĨŽƌŚŽƵƐŝŶŐũƵƐƚĚŽĞƐŶ͛ƚŵĂŬĞĂůŽƚŽĨƐĞŶƐĞƚŽŵĞ͘,ŽƵƐŝŶŐŚĞƌĞĂŶĚ ƉƵďůŝĐǁŽƌŬƐĂŶĚĐŽŵŵĞƌĐŝĂůƵƐĞƐĂŶĚŝƐŽůĂƚŝŶŐƚŚĂƚůŝƚƚůĞĐŚƵŶŬĚŽĞƐŶ͛ƚŵĂŬĞƐĞŶƐĞ͘>ĞĂǀĞŝƚŽƉĞŶƐƉĂĐĞ͘

ůůĞŶZŽďĞƌƚƐŽŶ͕ϭϯϮϬϯ,ŝŐŚǁĂLJϵ͗EƵŵďĞƌϭ͕ƚŚĂƚƉŽŶĚŝƐŵLJƐŽŶ͛ƐůĂŬĞĨŽƌĨŝƐŚŝŶŐĂŶĚƚŚĞƌĞŝƐĂůůŬŝŶĚƐŽĨ ǁŝůĚůŝĨĞƚŚĞƌĞ͘/ǁĂƐƚŽůĚƚŚĂƚǁĂƐƐƵƉƉŽƐĞĚƚŽďĞƚŚĞŐĂƚĞǁĂLJƚŽƌĞĐŬĞŶƌŝĚŐĞ͘tŚĂƚƉĞŽƉůĞƐĂǁ͘/͛ŵ ďĞŝŶŐƚŽůĚƚŚĂƚǁĞĂƌĞŐŽŝŶŐƚŽƐĞĞƉŝůĞƐŽĨƐŶŽǁ͕KdƐƚƵĨĨ͕ŽƉĞŶůŽƚƉŽƐƐŝďůLJĨŽƌĂƐĐŚŽŽů͕ĂŶĚŶŽǁǁĞ͛ƌĞ ĂĚĚŝŶŐŚŽŵĞƐ͘/ǁĂƐƚŽůĚǁŚĞŶ/ŵŽǀĞĚŚĞƌĞƚŚĂƚƚŚĞŝĚĞĂǁĂƐŽƉĞŶƐƉĂĐĞĂŶĚƚŚĂƚ͛ƐŶŽƚǁŚĂƚ/͛ŵƐĞĞŝŶŐ͘/ ŚŽƉĞƚŽƐĞĞŽƉĞŶƐƉĂĐĞƚŽŵĂŬĞŝƚƉƌĞƚƚŝĞƌ͕ŶŽƚũƵƐƚŵŽƌĞƐƚƵĨĨ͘/ƚŚŽƵŐŚƚƚŚĂƚǁĂƐǁŚĂƚůŽĐŬϭϭǁĂƐĨŽƌ͘ ŶĚƚŚĞƌĞ͛ƐŶŽŬŝĚƐŽƵƚƚŚĞƌĞĨŽƌĂƐĐŚŽŽů͕ŶŽŚŽƵƐĞƐǁŝƚŚŬŝĚƐ͘ dŽŶLJ>ŽƌĚ͕ϭϯϮƌĂĚĚŽĐŬŽƵƌƚ͗/͛ǀĞďĞĞŶĂ^ƵŵŵŝƚŽƵŶƚLJƌĞƐŝĚĞŶƚĨŽƌϰϲLJĞĂƌƐ͘dĂůŬŝŶŐĂďŽƵƚƚŚĞůĂŬĞ͕ ůŽŽŬĂƚƚŚĞƐŝnjĞŽĨƚŚĞƉŽŶĚ͘dŚŝƐŝƐϯϬϬLJĂƌĚƐĂĐƌŽƐƐďLJϭϬϬƚŚĞŽƚŚĞƌǁĂLJ͘/ƚ͛ƐďĞĞŶƚŚĞƌĞĂůŽŶŐƚŝŵĞ͘ tŚĞŶƚŚĞdŽǁŶƐƚĂƌƚĞĚƚŚŝƐƉƌŽũĞĐƚ/ƚĂůŬĞĚǁŝƚŚƚŚĞƌŵLJŽƌĞŽĨŶŐŝŶĞĞƌƐĂŶĚǁĂƐƚŽůĚƚŚĞdŽǁŶĐŽƵůĚ ĚŽǁŚĂƚŝƚǁĂŶƚĞĚǁŝƚŚŝƚĚƵĞƚŽŶŽƉĞƌŵĂŶĞŶƚŝŶĨůŽǁĂŶĚŽƵƚĨůŽǁƚŚĂƚǁĂƐŽŶƚŚĞƐƵƌĨĂĐĞ͘^ŽƚŚĞdŽǁŶ ĐĂŶĨŝůůŝƚ͘,ŽǁĞǀĞƌƚŚĞƌĞŝƐĂƉĞƌŵĂŶĞŶƚŝŶĨůŽǁĂŶĚŽƵƚĨůŽǁƚŚĂƚŐŽĞƐƚŚƌŽƵŐŚƚŚĞĚƌĞĚŐĞ͘dŚĞǁĂƚĞƌƚŚĂƚ 54 ƵƐĞĚƚŽĐŽŵĞƚŚƌŽƵŐŚŚĂƐĚŝƐĂƉƉĞĂƌĞĚĂŶĚƚŚĂƚůĂŬĞŝƐũƵƐƚĂďŽƵƚŐŽŶĞƐŝŶĐĞƚŚĞƌŝǀĞƌƌĞƐƚŽƌĂƚŝŽŶ͘/ƚŽŽŬŵLJ ŬŝĚƐƚŽůĞĂƌŶƚŽĨŝƐŚĂŶĚŝƚǁĂƐŬŝŶĚŽĨĂůŽĐĂů͛ƐƐĞĐƌĞƚ͘,ŽǁĞǀĞƌ͕ǁŚĞŶƚŚĞƌĞĐŽŶƐƚƌƵĐƚŝŽŶŽĨƌŝǀĞƌǁĂƐĚŽŶĞ͕ ƚŚĞƌĞŝƐŽŶĞƐƉŽƚƚŚĂƚǁŽƵůĚďĞĂŐƌĞĂƚƐƉŽƚƚŽŽǀĞƌĚŝŐĂŶĚĐŚĂŶŶĞůǁĂƚĞƌƚŽƚŚĞƉŽŶĚ͘/ĨŝƚĐŽƵůĚďĞůŝŶĞĚ ĂŶĚŵĂĚĞƚŽďĞLJĞĂƌƌŽƵŶĚ͕ŝƚĐŽƵůĚďĞĂƉůĂĐĞĨŽƌƚŚĞĚƵĐŬƐĂŶĚŐĞĞƐĞ͘dŚĞƌĞŝƐĂŶŽƚŚĞƌƉŽŶĚďLJƚŚĞ ^ŚŽƌĞƐ͘ĂƐŝĐĂůůLJƚŚĞĚĞǀĞůŽƉŵĞŶƚŝƐƚĂŬŝŶŐŽǀĞƌĂůůŽƵƌŽƉĞŶƐƉĂĐĞ͘/ƉƵƚĂďƌŝĚŐĞŝŶƚŚŝƐĂƌĞĂƚŚĂƚŚĂƐ ǁĂƐŚĞĚŽƵƚƐĞǀĞƌĂůƚŝŵĞƐ͘/ƚǁŽƵůĚďĞŚĞůƉĨƵůŝĨdƌĂĐƚϭϬǁŽƵůĚďĞƐŽŵĞƐŽƌƚŽĨƉĂƌŬŝŶŐŝŶƐƚĞĂĚŽĨŚĞƌĞŽŶ ƚŚŝƐƐŝĚĞ͘^ŽƉĞŽƉůĞĐĂŶĂĐĐĞƐƐƚŚĞ&ŽƌĞƐƚ^ĞƌǀŝĐĞůĂŶĚ͘/ƚǁŽƵůĚŚĞůƉƚŽĂĚĚŽƉĞŶƐƉĂĐĞ͘tĞĂƌĞƐŚƵƚƚŝŶŐŝƚ ŽĨĨǁŝƚŚƚŚĞďŝŬĞƉĂƚŚ͘tĞŶĞĞĚƚŽƚĂůŬĂďŽƵƚǁŚĂƚƚŚĞƚŽǁŶĂŶĚƚŚĞĐŽƵŶƚLJŶĞĞĚƐ͘

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58 72:12)%5(&.(15,'*(  0F&DLQ0DVWHU3ODQ8SGDWH 7KHIROORZLQJUHDOSURSHUW\LQWKH7RZQRI%UHFNHQULGJH6XPPLW&RXQW\&RORUDGR L  7UDFW³%´ DFUHV DVVKRZQRQWKH$QQH[DWLRQ0DS0F&DLQ$QQH[DWLRQ3KDVH, UHFRUGHGXQGHU5HFHSWLRQ1R LL WKHDFUHWUDFWDVVKRZQRQWKH$QQH[DWLRQ 0DS0F&DLQ$QQH[DWLRQ3KDVH,,UHFRUGHGXQGHU5HFHSWLRQ1R LLL 3DUFHO³$´ DQG3DUFHO³%´DVGHVFULEHGLQVSHFLDOZDUUDQW\GHHGUHFRUGHG-XQHDW5HFHSWLRQ 1R &RORUDGR6WDWH+LJKZD\ 3/  ),1',1*6  7KLVSURMHFWLV³7RZQ3URMHFW´DVGHILQHGLQ6HFWLRQRIWKH%UHFNHQULGJH7RZQ&RGH EHFDXVHLWLQYROYHVWKHSODQQLQJDQGGHVLJQRIDSXEOLFSURMHFW  7KHSURFHVVIRUWKHUHYLHZDQGDSSURYDORID7RZQ3URMHFWDVGHVFULEHGLQ6HFWLRQRI WKH %UHFNHQULGJH 7RZQ &RGH ZDV IROORZHG LQ FRQQHFWLRQ ZLWK WKH DSSURYDO RI WKLV 7RZQ 3URMHFW  7KH3ODQQLQJ&RPPLVVLRQUHYLHZHGDQGFRQVLGHUHGWKLV7RZQ3URMHFWRQ1RYHPEHU ,QFRQQHFWLRQZLWKLWVUHYLHZRIWKLV7RZQ3URMHFWWKH3ODQQLQJ&RPPLVVLRQVFKHGXOHGDQGKHOG DSXEOLFKHDULQJRQ1RYHPEHUQRWLFHRIZKLFKZDVSXEOLVKHGRQWKH7RZQ¶VZHEVLWHIRU DWOHDVWILYH  GD\VSULRUWRWKHKHDULQJDVUHTXLUHGE\6HFWLRQ  RIWKH%UHFNHQULGJH 7RZQ&RGH$WWKHFRQFOXVLRQRILWVSXEOLFKHDULQJWKH3ODQQLQJ&RPPLVVLRQUHFRPPHQGHG DSSURYDORIWKLV7RZQ3URMHFWWRWKH7RZQ&RXQFLO  7KH7RZQ&RXQFLO¶VILQDOGHFLVLRQZLWKUHVSHFWWRWKLV7RZQ3URMHFWZDVPDGHDWWKHUHJXODU PHHWLQJRIWKH7RZQ&RXQFLOWKDWZDVKHOGRQ1RYHPEHU7KLV7RZQ3URMHFWZDVOLVWHG RQWKH7RZQ&RXQFLO¶VDJHQGDIRUWKH1RYHPEHUDJHQGDWKDWZDVSRVWHGLQDGYDQFHRI WKHPHHWLQJRQWKH7RZQ¶VZHEVLWH%HIRUHPDNLQJLWVILQDOGHFLVLRQZLWKUHVSHFWWRWKLV7RZQ 3URMHFWWKH7RZQ&RXQFLODFFHSWHGDQGFRQVLGHUHGDQ\SXEOLFFRPPHQWWKDWZDVRIIHUHG    %HIRUH DSSURYLQJ WKLV 7RZQ 3URMHFW WKH 7RZQ &RXQFLO UHFHLYHG IURP WKH 'LUHFWRU RI WKH 'HSDUWPHQWRI&RPPXQLW\'HYHORSPHQWDQGJDYHGXHFRQVLGHUDWLRQWRDSRLQWDQDO\VLVIRUWKH 7RZQ3URMHFWLQWKHVDPHPDQQHUDVDSRLQWDQDO\VLVLVSUHSDUHGIRUDILQDOKHDULQJRQD&ODVV$ GHYHORSPHQWSHUPLWDSSOLFDWLRQXQGHUWKH7RZQ¶V'HYHORSPHQW&RGH &KDSWHURI7LWOHRI WKH%UHFNHQULGJH7RZQ&RGH   7KH7RZQ&RXQFLOILQGVDQGGHWHUPLQHVWKDWWKH7RZQ3URMHFWLVQHFHVVDU\RUDGYLVDEOHIRU WKHSXEOLFJRRGDQGWKDWWKH7RZQ3URMHFWVKDOOEHXQGHUWDNHQE\WKH7RZQ  7KH7RZQRI%UHFNHQULGJHVKDOOXQGHUJURXQGWKHRYHUKHDGHOHFWULFXWLOLW\OLQHRQWKH SURSHUW\ZKHQWKHSURSHUW\KDVEHHQLGHQWLILHGIRUXWLOLW\XQGHUJURXQGLQJDVSDUWRIWKH7RZQ¶V RQJRLQJ2YHUDOO8WLOLW\8QGHUJURXQGLQJSURMHFW 59 Scheduled Meetings Shading indicates Council required attendance – others are optional The Council has been invited to the following meetings and events. A quorum may be in attendance at any or all of them. November 2018 Tuesday, Nov. 13, 2018 3:00pm / 7:00 pm Town Hall Chambers First Meeting of the Month Tuesday, Nov. 27, 2018 3:00pm / 7:00 pm Town Hall Chambers Second Meeting of the Month December 2018 Tuesday, Dec. 11, 2018 3:00pm / 7:00 pm Town Hall Chambers First Meeting of the Month Other Meetings November 13th, 2018 Board of County Commissioners Meeting 9:00am / 1:30pm Workforce Housing Committee 1:30pm November 14th, 2018 Breckenridge Heritage Alliance Noon November 20th, 2018 Board of County Commissioners Meeting 9:00am Liquor & Marijuana Licensing Authority 9:00am Planning Commission Meeting 5:30pm November 26th, 2018 Open Space & Trails Meeting 5:30pm November 27th, 2018 Board of County Commissioners Meeting 9:00am / 1:30pm November 28th, 2018 Summit Combined Housing Authority 9:00am November 29th, 2018 Transit Advisory Council Meeting 8:00am Breckenridge Tourism Office Board Meeting 8:30am Northwest CO Council of Governments 10:00am RW&B Board Meeting 3:00pm December 3rd, 2018 Breckenridge Creative Arts 4:00pm December 4th, 2018 Board of County Commissioners Meeting 9:00am Planning Commission Meeting 5:30pm December 5th, 2018 Summit Stage Transit Board Meeting 8:15am QQ - Quality and Quantity - Water District 9:00am Breckenridge Events Committee 9:00am Childcare Advisory Committee 3:00pm

December 11th, 2018 Board of County Commissioners Meeting 9:00am / 1:30pm Workforce Housing Committee 1:30pm December 13th, 2018 Upper Blue Sanitation District 5:30pm December 18th, 2018 Board of County Commissioners Meeting 9:00am Liquor & Marijuana Licensing Authority 9:00am Planning Commission Meeting 5:30pm 60 December 26th, 2018 Summit Combined Housing Authority 9:00am

1 of 2 Scheduled Meetings Shading indicates Council required attendance – others are optional The Council has been invited to the following meetings and events. A quorum may be in attendance at any or all of them.

January 10th, 2019 I-70 Coalition 1:00pm Upper Blue Sanitation District 5:30pm January 17th, 2019 CAST 7:45am January 21st, 2019 Open Space & Trails Meeting 5:30pm

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