Town Council Work Session Tuesday, November 13, 2018, 3:00 PM Council Chambers 150 Ski Hill Road Breckenridge, Colorado
Estimated times: The times indicated are intended only as a guide. They are at the discretion of the Mayor, depending on the length of the discussion, and are subject to change.
I. PLANNING COMMISSION DECISIONS (3:00-3:05 pm) Planning Commission Decisions
II. LEGISLATIVE REVIEW (3:05-3:25 pm) Parkway Center Development Agreement (Second Reading) Noble House Landmarking (Second Reading) Trash Ordinance (Second Reading) 2019 Mill Levy Ordinance (First Reading)
III. MANAGERS REPORT (3:25-3:45 pm) Public Projects Update Parking and Transportation Update Housing and Childcare Update Committee Reports
IV. OTHER (3:45-4:00 pm) Troll Discussion
V. PLANNING MATTERS (4:00-5:00 pm) McCain Master Plan Town Project 2040 Projections
VI. EXECUTIVE SESSION - Negotiations and Attorney-Client Communications (5:00 pm)
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 Blue River. 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.
2 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 3 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, 4 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 5 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 6 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 7 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 8 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
9 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.
10 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 11 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 12 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 13 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 14 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 15 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 16 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 17 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 18 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 19 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.
20 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 21 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) 22 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: 23 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.
24 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: 25 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 26 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
27 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.
28 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
29 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
30 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 31 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.
32 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
33 Memo
To: Breckenridge Town Council Members From: Shannon Smith, Town Engineer Date: 11/7/2018 Subject: Public Projects Update
Ski Hill Wall
Schedule: Construction of the Ski Hill Road retaining wall has been finished and the project has reached final completion. The lane closure and pedestrian detour have been removed and the roadway and sidewalk is fully open.
This project completed the replacement of the previous stone retaining wall, which was failing structurally, with a new concrete retaining wall. Benefits of the project include: the addition of a more stable & structurally sound retaining wall, concrete barrier which enhances vehicle safety, a wider sidewalk which improves pedestrian safety and aides with snow removal operations, repaired pedestrian lighting, and a new pedestrian handrail.
Budget:
Project Funding 2018 Total CIP Budget 500,000 500,000 2018 Supplemental Appropriation 325,000 325,000 Total Budget 825,000
34 1 Fiber Infrastructure
Schedule: Staff and the Foresite Group have been moving quickly to reach milestones necessary to begin construction in May 2019. The group is meeting weekly as Foresite completes the detailed design and engineering specifications required to release a construction RFP. On October 31st a RFI for service providers was released. Responses are due by November 26th. A small group will meet with Launch on November 13th to kick off branding and marketing for the Town fiber infrastructure. Staff will present an informational update to the Planning Commission on December 4th.
Budget:
Project Funding 2017 2018 Total Budget 75,000 75,000 Supplemental Appropriation 32,000 32,000 DOLA Grant 23,000 23,000 2018 Supplemental Appropriation 8,000,000 8,000,000 Total Budget 75,000 8,055,000 8,130,000
River Park
Schedule: Park construction has been completed for 2018. In spring 2019, construction will resume for a short time in order to complete the Phase 1 Improvements. These final improvements will include landscape plantings and park furnishings.
The construction fencing around the park will be removed this week, which will allow the park to be accessed by the public. However, River Park will not be maintained through the winter months (restrooms will be closed and snow will not be removed from the park), so use of the park will be limited. The park should remain open for the majority of 2019, with possible short closures required for the completion of the Phase 1 improvements.
The second GOCO grant for Phase 2 of River Park was recently applied for by Staff. GOCO will notify the Town in May 2019 whether the grant will be approved. If approved, Phase 2 will be finalized in the summer of 2019, bid in fall 2019, and constructed in summer 2020.
35 Page 2
Budget:
Project Funding 2017 2018 2019 2020 Total CIP Funds 1,050,000 0 245,000 1,295,000 Open Space Funds 240,000 210,000 0 105,000 555,000 GOCO Grant 350,000 0 350,000 700,000 Total Budget 240,000 1,610,000 0 700,000 2,550,000
Ice Arena Locker Room Addition
Background: At the July 10th Town Council Meeting, Council directed staff to evaluate the feasibility and begin design of an addition to the Stephen C. West Ice Arena. The intent of the project was to construct new lockers rooms and to accommodate the growing use at the Ice Arena, as well as to provide administrative offices for Summit Youth Hockey.
In order to meet this directive, Staff contracted Matthew Stais Architects to develop full construction documents for the Ice Arena addition. Matthew Stais has been developing the design and working with Town Staff to receive input and feedback on the programming and design. Recently, the conceptual design has been completed and the floor plan and renderings are shown below for Council review.
Design: The conceptual design was developed to meet the following design goals:
• Provide two new locker rooms which can accommodate more occupants than the current locker rooms • Provide an additional referee room • Provide additional administrative office space for Summit Youth Hockey • Provide additional lockers in the building • Increase storage space • Minimize the footprint of the expansion by reconfiguring existing space where possible • Match the aesthetics and character of the addition to the existing structure
Using the design objectives above, the conceptual design shown below was developed. While the design is still in the conceptual phase and is being refined, preliminary details of the design include:
• Two additional locker rooms, which are approximately 50% larger than existing locker rooms and can accommodate up to 20 players. Locker rooms include restrooms and showers individual to each locker room • Referee room with changing area, restroom and shower • Two new offices totaling approximately 427 SF. The offices will be located on the second floor above the vestibule and pro shop and will occupy the unused vaulted ceiling space above the first floor • 28 additional lockers • New storage room • New mechanical room to provide heating, plumbing, and electrical to addition • Egress path on the west side of the building would be reconfigured • The addition would be located on the northwest corner of the building, which would allow the new locker rooms to be located adjacent to the existing locker rooms • Total additional space of the expansion is now approximately 2923 SF, which is a decrease from the 3500 SF that was identified for the project during the Programming Phase.
The information above and the attached conceptual drawings are intended to provide a preliminary review, as Staff plans to provide a more thorough presentation by Matthew Stais later in the design process. Staff is currently asking for Council review and any preliminary comments or feedback on the conceptual design.
36 Page 3
Schedule: The general contractor for the project is scheduled to be selected in November, construction documents are scheduled to be completed in March, and construction is tentatively planned to begin in April 2019 and be completed near the end of 2019.
Budget: A place holder of $2M for the project was added to the 2019 budget at the October 9th retreat. Once a general contractor is selected, Staff will provide a detailed Design Development cost estimate to Council in early January.
CIP projects with no updates: Second Water Treatment Plant (updated 12-23-18) Kingdom Park Shade Shelter (updated 9-11-18) Sawmill Culvert Repair (updated 7-24-18) Ski Hill Wall by Alpine Metro District (updated 7-24-18) Ball Field LED Lights Blue River Habitat and Landscaping (updated 11-28-17) Pool Area Lights and Window Replacement (updated 9-26-17)
37 Page 4
proposed site plan date: 6 november 2018 draft stephen c. west ice arena addition (project # 302105007) • breckenridge • colorado 38 70'-8" 18'-0" 27'-4" 16'-0" 9'-4" 8'-0"
LOCKER RM #6 LOCKER #5 LOCKER #4 61'-7"' BENCH LENGTH ADA ADA 62'-6"' BENCH LENGTH MECH (EXISTING) ADA ADA
LOCKER #6 TOILET LOCKER #5 TOILET EXISTING EXHAUST LOUVER
40'-0" ADA ADA
STORAGE
STICKS STORAGE EGRESSPATH 52'-0" STICKS
18 1716 15 14 13 12 11 10 9 8 7 E4 6 5 4 3 2 1 E3 E2 E1 EXISTING LOCKERS TO REMAIN NEW LOCKERS (SHOWN GRAY, NOT NUMBERED) CORRIDOR (SHOWN BLACK) PROPOSED ADDITION EXISTING EXISTING LOCKERS TO BE RELOCATED (SHOWN DASHED)
19 20 21 22 23 24 25 26 27 28 29 30 31 32 EXISTING BLEACHERS 33 (10) HALF-HEIGHT 34 ADA LOCKERS DN REFS E5 12'-0" ADA 12'-0' BENCH LENGTH E6
8'-0" 25'-5 7/8" +/-
34 NEW LOCKERS - 6 RELOCATED/ REMOVED LOCKERS 28 ADDITIONAL LOCKERS
proposed main fl oor plan - west date: 6 november 2018 draft stephen c. west ice arena addition (project # 302105007) • breckenridge • colorado 39 OPEN TO PRO SHOP BELOW
EGRESS STAIR 6'-8" MIN CLG HEIGHT (APPROX-VIF)
OFFICE #2 ELEV JAN 12'-1" x 21'-6"
DECK OBSERVATION EXISTING WINDOWS TO REMAIN
CORRIDOR
OFFICE #1 MEN 13'-0" x 13'-0"
MULTIPURPOSE
DN ICE RINK BELOW WOMEN
KITCHEN
MULTIPURPOSE
SITTING
proposed upper fl oor plan - east date: 6 november 2018 draft stephen c. west ice arena addition (project # 302105007) • breckenridge • colorado 40 EXISTING INDOOR RINK
PROPOSED ADDITION
view from northwest (highway 9 @ traffi c light) date: 6 november 2018 draft stephen c. west ice arena addition (project # 302105007) • breckenridge • colorado 41 REMOVE EXISTING GABLE
EXISTING PROPOSED ADDITION
view from northeast (parking lot) date: 6 november 2018 draft stephen c. west ice arena addition (project # 302105007) • breckenridge • colorado 42
November 5, 2018
TO: Breckenridge Town Council
CC: Rick Holman, Shannon Haynes, James Phelps, Mark Johnston, Jennifer Pullen
FROM: Free Ride
RE: Free Ride Ridership Numbers – October 2018
October ridership is up 55.6% over last October, with 49,262 passengers compared to 31,666 in 2017. Year to date ridership is up 11.1% compared to 2017. Trolley numbers are up over 2017 due to the addition of a second Trolley route. In 2018 Yellow and Brown merged to form the Gray route. The overall Gray ridership is up 25.7% using the same number of buses as Yellow and Brown did in 2017.
2017 2018 Month YTD
Oct Oct Oct Oct #'s #'s Mthly YTD Mthly YTD % % Black 4,516 41,420 6,002 45,024 1,486 32.9% 3,604 8.7% Brown 3,687 180,766 8,607 251,883 4,920 133.4% 71,117 39.3% Trolley 3,600 55,437 6,552 91,272 2,952 82.0% 35,835 64.6% Purple 7,434 116,010 16,492 131,304 9,058 121.8% 15,294 13.2% Yellow 12,394 396,659 11,599 357,567 -795 -6.4% -39,092 -9.9%
Shuttle Lots 0 3,685 0 6,239 0 2,554 69.3% Special - Event 35 16,547 0 17,573 -35 100.0% 1,026 6.2%
Construction & Gray 16,081 20,206 187,297 4,125 25.7% 187,297 TOTAL 31,666 810,524 49,252 900,862 17,586 55.5% 90,338 11.1%
43
Housing Committee Meeting Notes: October 23rd, 2018 1:30-3:00PM
Agenda: • Housing Code • BRECK365 • Future Projects Housing Code: Purpose: to discuss the proposed changes to Policy 24R and how the committee would like to move forward with revisions. Staff proposed a new approach to implementing the Policy 24R revisions with the committee. The approach would include making the minor revisions to Policy 24R that Council has supported. These items include removing the 5,000 S.F. exemption to Policy 24R and reducing the maximum amount of positive points from 10 to 5, unless the project is 100% deed restricted affordable housing. Next Steps: The first step is to include the two revisions to Policy 24R to the development code changes that are currently being drafted. Staff will continue to work with the committee and Council on revisions to the mitigation rate and methodology for the Housing Code Table. BRECK365: Purpose: to discuss the change from stick-built to modular construction and decide on date to visit the modular construction facility. As a part of the conversion of BRECK365 from stick built to modular construction, it was recommended that the Town visit one or more modular construction facilities. The committee discussed the upcoming trip to Boise, Idaho to tour the Nashua modular construction factory. The trip is now confirmed for November 29th – 30th. Four staff members and four Town Council members (including the Housing Committee) have confirmed attendance. Future Projects: Purpose: review two potential housing project ideas on the Stillson site and the site behind the public works storage yard. Staff has started to look at two town-owned sites for future housing projects at the Stillson site and behind public works. Staff worked with students from University of Colorado and design volunteers in a two-day design charrette and have drafted a site plan that is a great starting point for the design of the site. Staff will present the results of the design charrette at a future council worksession. The potential and timing of these properties as housing sites will be based on when funding becomes available as we continue building other housing projects. Next Steps: Staff will continue to look at the potential of both of these sites and evaluate the housing fund and assess future project feasibility. These ideas and updates will be discussed with the committee.
44
Memo
To: Breckenridge Town Council Members
From: Jennifer McAtamney
Date: 10/19/2018
Subject: October 3, 2018 Child Care Advisory Meeting Report
The Child Care Advisory Committee held a regular meeting on October 3, 2018. Committee members present included, Greta Shackelford, Johanna Gibbs, Laura Amedro, Scott Perlow, Bradley Ragan, Mary Jo Zweig, Dick Carleton, Heather Garcia, Joyce Ruderman and Jay Homola. Leslie Davis, Martha Meier and Kelly Opheim also attended. Staff from Town of Breckenridge included Jennifer McAtamney – program administrator.
The following topics were covered. As a follow up to our meeting on September 26th when APA Consulting presented their evaluation of the Town’s Child Care Program the committee did brainstorming activities around the 8 recommendations from APA. The group generated ideas and questions around the 8 central recommendations and then worked in small groups to further flesh out ideas and prioritize around items that were considered low hanging fruit to implement, high impacts activities suggestions and those that would need additional funds to implement. Each small group reported out to the larger group on their discussions. Our next steps are to prioritize those that will best support the Town Council and Program goals. Our meeting adjourned at 5:05 pm
45 1 Memo
To: Breckenridge Town Council Members From: Haley Littleton, Communications Date: 11/7/2018 Subject: October/November Communications Report
Social Media:
• Instagram: 1,217 followers
• Twitter: +141 followers in the past six weeks (5,769), 60k tweet impressions (up 22%), profile visits up 73% and mentions up 54% (most likely due to troll coverage)
• Facebook: 8,491 followers (+299), page views are up 56%, page likes up 261%, reach of 61k, post engagements at 28.6k. Posts with biggest reach: free parking in town, Breck Free Ride award, and moose safety post (58.9k reach)
• Staff continues to work on creating content that garners engagement and ensures consistency in quality across all social media accounts. Staff is also working on a vision and values booklet for the Town that is well-designed and easy to hand out to those interested at meetings or events.
Campaigns:
• Troll: Staff continues to work with all stakeholders in messaging the troll and making sure all information shared is correct.
• Transit: Staff would like to be more strategic during the winter season in encouraging visitors to refrain from bringing cars to Breckenridge. Staff will work with BTO to explore markets to target in an effort to reach people with information about parking and transportation before they get to Town.
• STR: Staff is working with the Finance Department to ensure that the information surrounding the new short term rental regulations is communicated to community members (i.e.: call center numbers, information about the program), as well as BOLT license holders.
• Broadband: Staff has a meeting with Launch Advertising on November 13 to begin input for the branding, messaging, and marketing of the broadband network. Staff will present to council once strategy is solidified.
• Recycling: Staff will push out information when the new signage from Recycle Across America is incorporated on Town receptacles. Lodging will be showing the new recycling in Breckenridge video, and staff will use TV8 to promote proper recycling. Staff is also working with HC3 on how to communicate their county wide climate action plan.
• Website: Staff continues to work with Siteimprove and Vision Internet to better manage website content and ensure that the website is accessible per ADA requirements. Staff will be meeting with a Siteimprove rep to conduct an audit of current ADA issues and solutions.
• Census Committee: Staff continues to work with the Breckenridge group and Summit County officials to form a Census Committee. Members of the Ski Resort, FIRC, CMC, and local associations have been engaged to begun education regarding 2020 census. 46 1 Memo
To: Breckenridge Town Council Members From: Rick Holman, Town Manager Date: 11/8/2018
Subject: Committee Reports
POLICE ADVISORY COMMITTEE November 7, 2018 Chief Jim Baird The following is a recap of the most recent Police Advisory Committee (PAC) meeting, held on Thursday, November 7, 2018. Meetings are held bimonthly. The reporting individual to the Council is Chief of Police Jim Baird
2018 Community Representatives in attendance: Dave Askeland, Carrie Balma, Max Bonenberger, Phil Gallagher, Javier Gaspar-Gutierrez, Sandi Griffin, Manuel Lopez, Jason Smith, Tessa Rathjen, Jim Trisler, Hal Vatcher.
The Police Advisory Committee (PAC) held its bimonthly meeting on November 7, 2018. Chief of Police Jim Baird and PAC members discussed the following:
Staffing: Chief Baird discussed the recent departure of 2 Patrol Officers and the current hiring process where we have 7 potential lateral candidates. We are starting phone interviews on November 8th. The Chief also advised the PAC that AC Erb has submitted her resignation and thanked her for her service in guiding the department through the transition this last year. AC Erb discussed her plans for the future and thanked the PAC for their support to her this past year.
Egress: The Chief advised the PAC that the Town has committed resources this season to have an officer out at the crosswalk at Village at Breckenridge and Park Avenue to hold pedestrians to cross as a group.
App Bikes: The Town is working with the local business owner who introduced the bikes this summer. The business owner has suspended the service over the winter while the Town works wit him to mitigate the issues that have come up such as bikes being left for several days throughout the Town.
General Comments: The PAC members were advised of the Dew Snow Dance event that will take place in the South Gondola Lot on November 17th.
TRANSIT ADVISORY COMMITTEE October 25, 2018 Shannon Haynes
Current Representatives: Ryan Thomas, Robin Theobald, Hal Vatcher, Brandon Gonski, Michael W. Tabb, John Griffith, Fred Williamson, Dave DePeters, James Phelps, Jen Pullen, Mark Johnston, Shannon Haynes, Rick Holman Guests: Nikki Harris – Fireside Inn owner, Dan Arnold – Long Branch Condo resident
The Transit Advisory Committee met on October 25, 2018. The following was discussed:
Review of Minutes of September 27th – no questions 47 French & Wellington Stop: In the March TAC meeting there were discussions about removing this stop. At this meeting it is the recommendation of Transit that the stop be eliminated due to traffic and pedestrian safety. The TAC approved this recommendation. This group recommends moving/improving the French/Lincoln stop (additional lighting and placement of sign). A sign will be posted telling users that the French/Wellington has been eliminated and direct them to French/Lincoln. Information will be provided to the HOA and on the Free Ride website and maps about this removal of this stop. Parking Update – Parking lots will be free to November 19, not November 15, as previously reported. Overnight parking at Ice Rink will be $25 and parking at the Satellite lot will be $10. Discussions regarding the parking garage are still ongoing with Vail Resorts. New wayfinding sign on Highway 9 will be installed and software tested this month. Bike Share – The original plan for the red and white bicycles seen around town were for them to go from private property to private property, but they are showing up on public property as well. Is TOB interested in bike shares with docking stations? We are getting data from the bike store that is working with the bike shares regarding demographics on those renting. We need a comprehensive look at these micro-transport systems (i.e. bikes and scooters, etc.). The next step is to see what Council is interested in pursuing; they will be taking up the discussion this winter. Review UWM Schedule - 15 minute circuits, from 7:55 AM to 8:55 PM. Starts November 9th. It will include two transfer points with the Brown Route to get to or from Beaver Run. The route and its schedule will be published with the other Free Ride routes on the web site and in the maps. Winter Schedule – Transit is in the process of getting final maps together for publication. There are no major changes to the schedule this winter from last winter. Small changes to this winter schedule include; the early Ski Hill bus will now be scheduled and the parking lot shuttles will go directly from Satellite Lot to Ice Rink. Ryan with BSR has mentioned the trouble they are having with hiring this season but it shouldn’t impact their schedule as of now. TOB Free Ride is fully staffed for winter operations and recruitment has been successful due to the seasonal housing. Electric Bus Update – An intent form has been signed with Proterra for 2 more electric buses that will be delivered at approximately this time next year. We have been talking with the president of Xcel Energy to perhaps get a reduced rate for electricity that will be going to power electric vehicles (buses).
SUMMIT STAGE ADVISORY BOARD October 31, 2018 James Phelps Ridership Summary September 2018
• Total September 2018 fixed-route ridership was 102,192, a 3.3% decrease from September 2017 fixed-route ridership of 105,696. • Ridership on the Lake County Commuter Route for September 2018 was 2,118 – an increase of 29.0% from September 2017 ridership of 1,642. • September 2018 ridership on the Blue River Commuter Route was 558, an increase of 13.2% from September 2017 ridership of 493. • September 2018 paratransit ridership was 650 trips, compared to 615 trips in September 2017, an increase of 5.7%.
Summary of Operating Costs September 2018
• Operating expenses for September 2018 were $693,783 compared to $840,361 in September 2017. • Total maintenance costs in September 2018 were $51,513 compared to $147,389 in September 2017 (new buses reduced the need for repairs). • September 2018 fuel costs were $58,730 compared with $42,945 in September 2017.
Summit County Mass Transit Sales Tax Receipts August 2018
• August 2018 Mass Transit Sales Tax collections were $924,627, up 4.50% or $39,845 over August 2017 ($884,782). YTD 2018 Mass Transit Sales Tax collections were $7,995,482, up 6.89% or $514,370 over 2017 ($7,481,112). 48 Other Matters
• Frisco Transit Station – construction starts next year • Park County Commuter Route – 4/21/2019 proposed start date. o Several Town’s contributed to this route; Breck at 50K, Fairplay at 25K and Park County at 45K. o Conversations regarding what to charge riders for this service – $2-3 • New representatives to join the Transit Board – Ryan Thomas from BSR and Liz Burhan from FIRC • Summit Stage will allow dogs on buses sometime around Christmas • Bus stops – the ones currently missing on highway 9 are being updated and will go back out soon • Sustainability efforts to help reduce the amount of cars coming in to the county – I-70 coalition is working on communication regarding “sustainably skiers”
BRECKENRIDGE EVENTS COMMITTEE November 7, 2018 Shannon Haynes
Attending: Todd Rankin, Erin Gigliello, Shannon Haynes, Bruce Horii, Jeff Westcott, Nathan Nosari, Dave Feller, Ken Miller, Bill Wishowski, Lea Dreux, Sarah Wetmore Lucy Kay, Sandy Metzger – conferenced in Mike McCormack, Byron Swezy, Cat Alletto, Jessie Burley – updates only I) Todd Rankin called the meeting to order at 9:04am a) A motion was made to approve the October 2018 meeting minutes as submitted in the packet. M/S/P II) Events Upcoming a) BSR ‘Snow Dance’ (Final name TBD) • BSR hosting new event with Mtn Dew Nov. 17th, 2018. On mountain activations and free concert in S. Gondola Lot. - Concert; three music acts with gates opening at 3pm. Music from 4-8pm. Main act is Gramatik. (a) Selling beer and plan to have food vendors. Small VIP area will serve liquor. Last drink poured 7:30pm – police will start clearing area 8-8:15pm. - Important to emphasize capacity will be limited to 5K within concert perimeter – counting people as they enter/leave to monitor. Gramatik recently sold out Red Rocks (10K ppl) two nights in a row. - 20 crowd managers brought on in addition to DD GROUP security hired by producers. (a) Securing perimeter with 4ft barricade and Jersey barrier for vehicle ramming. Also checking backpacks and wanding people as they enter venue. - TOB granted noise waiver allowing up to 125dB off stage front and 105dB off back until 8pm. - In future, PD and EMS would like more time to prepare for accommodating larger numbers. (a) Committee voiced serious concern around crowd control and parking if event is more heavily attended than anticipated. b) Dew Tour Dec. 13th-16th • BSR has released this will be Dew Tour’s last year in Breckenridge. No further new updates. KEEP AS AGENDA ITEM – Replacing Dew Tour c) Spartan Dates • Spartan is advertising Beast Weekend in CO Rockies, Aug 17th-18th, 2019. No specific town location announced. - Both BSR and BTO are evaluating feasibility of continuing to host event. - There’s been no further communication with Spartan producers around dates at this time. KEEP AS AGENDA ITEM d) Breck Pride 2019 • RFP is with two potential producers, one out of Denver and one from Whistler. - Currently in holding pattern due to change of leadership at BSR. - Despite contract delays, still confident in being able to execute a good event for 2019. Targeting beginning of April. KEEP AS AGENDA ITEM e) Harley Owners Group (HOG) June 28th Weekend 49 • Working toward getting more formalized feedback from towns that previously hosted event: Telluride and Snowmass. - Important if it goes before council again. • Show & Shine: 50 of the best bikes on display - Bikes are turned off during show, no engine revving. - Show & Shine location TBD. BR preference remains Tiger Dredge Lot or Blue River Plaza, with some discussion around Main Street Station/ Village Plaza. (a) If it comes down to it can host in Beaver Run lot, though ideally producers would like be in town. KEEP AS AGENDA ITEM f) Breck Epic – What does success look like from the events committee lens? • Committee Feedback: - Need plenty of lead-time for planning if event continues to evolve is key. - Production is always paramount – continuing to elevate the current success and execution. - Presence – finding ways to increase visibility without being obtrusive. - Opportunity to work with coinciding events like BIFA and bring unique cultural flavor to event. - BCA: Top line what are the elements that Epic proposes and in what locations. (a) Epic producers are confident it can coexist with BIFA and have a meeting scheduled with BCA to brainstorm locations and integrating art into the process. - SEPA: Permit complete prior to event. - TOB: Continuing to work closely to ensure that TC’s expectations are met. - BTO: Potential to become more of a vehicle for marketing to international guest and growing sustainable message. Optimistic around marketing initiates in works – watching to see if they come to fruition. • Epic producers presented high-level overview of event goals moving forward. - Make Epic most important mtn bike event in North America. - Continue dedication to environmental stewardship and leave no trace. Live best in class stewardship ethic. - Become ‘bucket list’ event for internationally guest and leverage new partners, UCI & USA Cycling for marketing. - Continue 20/80 ratio of competitors and completers. Want to target the every man (where success of race is). - Town of Breckenridge integration – harmony with presence downtown. Try to move into space that pro challenge formally occupied. - Help grow CTO ‘leave no trace’ initiative (a) Side note: BTO planning to air CTO Leave No Trace video during Dew Tour TV spot instead of their vignette. - Want to create ‘Epic Week’ – introduce programming for kids and things formally part of Breck Bike Week. III) General Updates and Discussions a) Alcohol in Blue River Plaza • Sandy looking for direction from committee on current policy of not allowing alcohol samples in Blue River Plaza. - Current direction is to push all alcohol samplings to Riverwalk lawn, where they have to go through Taddeo’s liquor license (current contract holder at Riverwalk). - Committee agreed to leave policy as is with possibility of an exception if approved by the BEC. - ACTION: Shannon & Sandy to draft up what the current policy is and Shannon will run by TOB Liquor Licensing staff if we wanted to provide for an exception to determine what that might look like. b) BEC Structure, rules, etc. • Open Committee Seat - Have received six applicants. (a) Next steps are to reach out for resumes and schedule interviews. Goal to have decision before Dec. meeting. KEEP AS AGENDA ITEM c) Balance Economy Discussion • As an outcome of the Expectations Research survey, BTO is working with a consulting firm, InterVISTAS, to develop a Destination Management Plan – project in tandem conjunction with Town of Breckenridge’s Vision 2040 Capacity Analysis. - 10+ year forward look at what we want our desired future to become from a combined 50 tourism destination perspective and a local quality of life perspective. - Management plan to address impacts of both tourism and Front Range growth on the Breckenridge community. • BTO is in process of engaging the community through focus groups and one-on-one interviews – Next round scheduled for Nov. 26-28th. A larger community wide Visioning Session planned for January. Target completion is Feb /Mar, 2019. IV) Task Force Updates a) Emergency Action Plan Task Force • Fillable form is now in use. b) Sustainable Event Task Force • Sub Committee has met twice to review events in terms of how to reduce their environmental impact. - Trying to identify through SEPA process specific questions to ask event producers to encourage sustainable practices. - On approval side, permit requests now have a sustainability category for review. • Public Works has budgeted to add 20-25 to clear stream receptacles to their fleet. • Lea is working with HC3 on a ‘Zero Waste Tool Kit’ to include as part of the application resources. • Jessie is working with Rec Dept. on incorporating sustainable component into permitting process for their events. • Sustainability Haulers – now more countywide options than just Timberline. - Timberline has also merged with larger company that has large-scale sustainable event waste management experience. • Piloting new tool: Zero waste boxes – collect everything that is not locally recyclable. Small budget impact with shipping. • Discussion around county no longer accepting manufactured compostable products. - Product problem over policy; challenge in products not doing what they say they are going to do. Better direction is to limit use of all disposable items and move toward Re-usable. V) SEPA Review a) Committee reviewed recent and upcoming events as presented in packet. Additional item: Handmade Holiday Market. b) Conversation around Trick or Treating and new neighborhoods asking for town assistance on road closures. • Concern around strain on town resources. ACTION: Look at infrastructure of different neighborhoods and available town resources for continued discussion next meeting. - Shannon Haynes KEEP AS AGENDA ITEM c) Continued dialogue around enforcing accountability for SEPA compliance. Challenge with limited bandwidth. • Looking to get in front of redundant challenges in a tangible way and empower SEPA in a reasonable way. - Some significant reoccurring events have compliance issues. • ACTION: At next SEPA meeting, Shannon to help facilitate discussion with decision makers around existing and missing tools to enforce compliance. KEEP AS AGENDA ITEM VI) Review Events a) Film Fest • Janice Miller reviewed 2018 event stats with committee. (See attached doc) VII) Review Agenda Items for next BEC meeting Dec. 5th, 2018 a) Events Upcoming • Dew Tour Dec. 13th-16th • Lighting of Breckenridge/Santa Race Dec. 8th • Spartan Dates • Breck Pride 2019 – dates TBD • HOG – June 28th Weekend b) Events Review • BSR ‘Snowdance’ c) General Updates • Replacing Dew Tour – Filling early season void. • SEPA – enforcing compliance 51 • Events for TC – parameters • BEC Structure, rules, etc. - Committee empty seat - Vice Chair • Alcohol in Blue River Plaza – Follow up on Draft of Current Policy d) Task Force Updates • EAP Task Force • Sustainable Event Task Force e) SEPA • Enforcing Compliance • Halloween Discussion: discuss the various locations in town that ask for town assistance for Trick or Treating.
Committees* Representative Report Status CAST Mayor Mamula/ Erin Gigliello No Meeting/Report CDOT Rick Holman No Meeting/Report CML Rick Holman No Meeting/Report I-70 Coalition Rick Holman No Meeting/Report Mayors, Managers & Commissioners Mayor Mamula/ Rick Holman No Meeting/Report Liquor and Marijuana Licensing Authority Helen Cospolich No Meeting/Report Summit Stage Advisory Board James Phelps Included Police Advisory Committee Chief Jim Baird Included CMC Advisory Committee Rick Holman No Meeting/Report Recreation Advisory Committee Scott Reid No Meeting/Report Workforce Housing Committee Laurie Best No Meeting/Report Child Care Advisory Committee Jennifer McAtamney Included as a separate agenda item Breckenridge Events Committee Shannon Haynes Included Transit Advisory Committee Shannon Haynes Included Water Task Force Gary Gallagher No Meeting/Report Communications Haley Littleton Included
*Note: Reports provided by the Mayor and Council Members are listed in the Council agenda.
52 Memo
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7KH0F&DLQ0DVWHU3ODQ0RGLILFDWLRQLVEHLQJUHYLHZHGDVD7RZQ3URMHFW$OOSXEOLFQRWLFLQJUHTXLUHPHQWVIRU WKH DSSURYDO RI D 7RZQ 3URMHFW KDYH EHHQ IXOILOOHG DV UHTXLUHG XQGHU WKH DGRSWHG 7RZQ 3URMHFWV 2UGLQDQFH DPHQGPHQW E\&RXQFLO%LOO1R6HULHV 7KHSURSRVDOLVWRPRGLI\WKH0DVWHU3ODQIRUWKH0F&DLQSURSHUW\WRDFFRPPRGDWHDIXWXUHVFKRROSDUFHODVZHOO DVPDNHVRPHRWKHUPRGLILFDWLRQV8VHVSURSRVHGLQFOXGHWKHZDWHUWUHDWPHQWSODQW XQGHUFRQVWUXFWLRQ VHUYLFH FRPPHUFLDOZRUNIRUFHKRXVLQJVRODUILHOG H[LVWLQJ RSHQVSDFH H[LVWLQJ VQRZVWRUDJHDQGD3XEOLF:RUNV VWRUDJHDUHD 7KH3ODQQLQJ&RPPLVVLRQKHOGDKHDULQJRQ1RYHPEHULQZKLFKWKH3ODQQLQJ&RPPLVVLRQUHFRPPHQGHG WKH7RZQ&RXQFLODSSURYHWKHSURMHFW ZLWKDYRWHRI 7KHUHZDVRQHSXEOLFFRPPHQW $WWDFKHGWRWKLVPHPRLVDFRPSOHWHVWDIIUHSRUWVXEVWDQWLDOO\WKHVDPHDVSUHVHQWHGWRWKH3ODQQLQJ&RPPLVVLRQ DQG DWWDFKPHQWV LQFOXGLQJ PDVWHU SODQ SXEOLF FRPPHQW UHFHLYHGDW WKH RSHQ KRXVH DQG SRLQW DQDO\VLV ZLWK D SDVVLQJVFRUHRI]HUR SRLQWVDQGILQGLQJV ,IWKH&RXQFLODJUHHVZLWKWKH3ODQQLQJ&RPPLVVLRQ¶VUHFRPPHQGDWLRQDPRWLRQIRUDSSURYDOLVSURYLGHGEHORZ I make a motion to approve of the McCain Master Plan, PL-2018-0457, located at 12965, 13215, 13217, 13221, 13250 Colorado State Highway 9 with the attached Point Analysis of zero (0) points and the attached Findings. 6WDIIZLOOEHDYDLODEOHDWWKHPHHWLQJWRDQVZHUDQ\TXHVWLRQV
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¶VHWEDFN UHTXLUHGIURPWKHULJKWRIZD\7KHSULPDU\IXQFWLRQVRIWKLVGLVWULFWDUHWRSURYLGHDVFHQLFFRUULGRUDW WKHHQWUDQFHRI7RZQDQGWRSUHYHQWVWULSGHYHORSPHQW/8'DSSOLHVWRWKHUHPDLQGHURIWKHSURSHUW\ 7KHXVHVDOORZHGLQWKLVGLVWULFWDUH “Existing residential, and service commercial uses. 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. 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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 61
October 22, 2015 October McCain Concept Plan 62
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 63
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Thank you,
Tiernan Spencer 64 Assistant Director Mountain Top Children’s Museum, Inc. tƌŝƚƚĞŶZĞƐƉŽŶƐĞƐ͗
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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 >ĞĞ ĚǁĂƌĚƐ͗tŚĂƚŚĂƉƉĞŶĞĚƚŽƚŚĞŽƉĞŶƐƉĂĐĞŐƵLJƐ͍dŚĂƚ͛ƐǁŚLJǁĞŐŽƚƚŚĞƉƌŽƉĞƌƚLJ͘;Dƌ͘'ƌŽƐƐŚƵĞƐĐŚ͗ ĂůŵŽƐƚŚĂůĨŝƐŽƉĞŶƐƉĂĐĞ͘Ϳ/ĚŽŶ͛ƚůŝŬĞĂĚĚŝŶŐƚŚĞƚĂŐůŝŶĞĨŽƌŚŽƵƐŝŶŐ͘tĞĂůƌĞĂĚLJĐŽŶƐƵŵĞĚůŽĐŬϭϭĨŽƌ ŚŽƵƐŝŶŐĂŶĚƉƵƚƚŝŶŐĂŶŝƐŽůĂƚĞĚĐŚƵŶŬĨŽƌŚŽƵƐŝŶŐũƵƐƚĚŽĞƐŶ͛ƚŵĂŬĞĂůŽƚŽĨƐĞŶƐĞƚŽŵĞ͘,ŽƵƐŝŶŐŚĞƌĞĂŶĚ ƉƵďůŝĐǁŽƌŬƐĂŶĚĐŽŵŵĞƌĐŝĂůƵƐĞƐĂŶĚŝƐŽůĂƚŝŶŐƚŚĂƚůŝƚƚůĞĐŚƵŶŬĚŽĞƐŶ͛ƚŵĂŬĞƐĞŶƐĞ͘>ĞĂǀĞŝƚŽƉĞŶƐƉĂĐĞ͘ ůůĞŶZŽďĞƌƚƐŽŶ͕ϭϯϮϬϯ,ŝŐŚǁĂLJϵ͗EƵŵďĞƌϭ͕ƚŚĂƚƉŽŶĚŝƐŵLJƐŽŶ͛ƐůĂŬĞĨŽƌĨŝƐŚŝŶŐĂŶĚƚŚĞƌĞŝƐĂůůŬŝŶĚƐŽĨ ǁŝůĚůŝĨĞƚŚĞƌĞ͘/ǁĂƐƚŽůĚƚŚĂƚǁĂƐƐƵƉƉŽƐĞĚƚŽďĞƚŚĞŐĂƚĞǁĂLJƚŽƌĞĐŬĞŶƌŝĚŐĞ͘tŚĂƚƉĞŽƉůĞƐĂǁ͘/͛ŵ ďĞŝŶŐƚŽůĚƚŚĂƚǁĞĂƌĞŐŽŝŶŐƚŽƐĞĞƉŝůĞƐŽĨƐŶŽǁ͕KdƐƚƵĨĨ͕ŽƉĞŶůŽƚƉŽƐƐŝďůLJĨŽƌĂƐĐŚŽŽů͕ĂŶĚŶŽǁǁĞ͛ƌĞ ĂĚĚŝŶŐŚŽŵĞƐ͘/ǁĂƐƚŽůĚǁŚĞŶ/ŵŽǀĞĚŚĞƌĞƚŚĂƚƚŚĞŝĚĞĂǁĂƐŽƉĞŶƐƉĂĐĞĂŶĚƚŚĂƚ͛ƐŶŽƚǁŚĂƚ/͛ŵƐĞĞŝŶŐ͘/ ŚŽƉĞƚŽƐĞĞŽƉĞŶƐƉĂĐĞƚŽŵĂŬĞŝƚƉƌĞƚƚŝĞƌ͕ŶŽƚũƵƐƚŵŽƌĞƐƚƵĨĨ͘/ƚŚŽƵŐŚƚƚŚĂƚǁĂƐǁŚĂƚůŽĐŬϭϭǁĂƐĨŽƌ͘ 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As part of that process, the Council had requested that the Plan look at future growth projections. The Community Development Department has collected data on future trends for population, employment, etc. up to the year 2040, as a means to inform the work of the Destination Management Plan. As part of this process, staff wanted to provide the Council an overview of the 2040 data collected. 2040 Data The tables and graphs containing the 2040 data are attached. The data provided here was collected from a variety of sources (e.g., Colorado State Demographer’s Office, CDOT). In some cases staff had to project out data based on certain growth factors. Thus, the data and growth factors are based on current trends and assumptions these trends will continue. Obviously there are a number of factors that could change these assumptions. The data was collected to inform the work of the Destination Management Plan—to provide a high level view of trends and future growth. This data is not intended to provide the basis for capital planning decisions, such as transportation improvements. For example, the data showing the increase in intersections experiencing congestion does not consider the various transportation improvements that could be implemented to reduce this congestion. A more sophisticated analysis of these issues would likely require the hiring of a consultant to do a deeper dive into transportation issues and various growth scenarios based on different improvements. As the tables show, the trends for growth in Breckenridge are also expected to happen in Summit County and in the state as a whole. In fact, some of our local projections are somewhat less than expected statewide trends, considering that we are approaching buildout in the community. The last set of data tables outlines our current state of buildout. Council Action This is intended as an update to the Council. The 2040 data is very much a draft document at this point. Staff looks for Council input on the data collected and shown here. Does the Council have any suggestions on revisions or additional data that could be included in this analysis? 72 1 POPULATION POPULATION 6,882,945 7,900,214 5,609,445 5,865,675 Region Current 2020 2030 2040 Change % Change 5,700,000 6,500,000 4,500,000 4,900,000 3,072,000 State 5,609,445 5,865,675 6,882,945 7,900,214 2,290,769 41% 768,000 Front Range 4,500,000 4,900,000 5,700,000 6,500,000 1,600,000 44% 192,000 Summit Co 30,367 32,760 39,310 45,859 13,099 51% Breckenridge 4,900 5,169 5,968 6,766 1,866 34% 39,310 45,859 48,000 30,367 32,760 65+ Summit Co 3,377 4077 5,475 6,873 3,496 104% Sources: St Demographer's Office (SDO) , Town of Breckenridge Community Development Department 12,000 6,766 5,169 5,968 *Data based on Town's buildout analysis--residential units left to be built (with average household occupancy of 2.8 persons), 4,900 6,873 5,475 including: 858 residential units zoned (using 21.5 % permanent resident occupancy) and estimated future workforce housing units 4077 3,000 3,377 developed on Block 11 (272 units including Blue 52) and McCain property (210 units) Current 2020 2030 2040 State Front Range Summit Co Breckenridge 65+ Summit Co EMPLOYMENT EMPLOYMENT 4,214,300 Region Current 2020 2030 2040 Change % Change 3,424,700 3,819,500 3,232,643 State 3,232,643 3,424,700 3,819,500 4,214,300 789,600 30% 2,304,000 Summit Co 26,310 28,968 31,685 35,000 8,690 33% Breckenridge (Low 576,000 Range) 9998 11008 11,714 12,421 2423 24% Breckenridge (High 144,000 Range) 9998 10900 12040 13300 3302 33% Sources: St Demographer's Office (SDO), Town of Breckenridge Community Development Department* *Employment growth may slow proportionally with the contraction of availability of residential and commercial properties. 35,000 28,968 31,685 36,000 26,310 12,040 13,300 9998 10900 11008 11,714 12,421 9,000 9998 Current 2020 2030 2040 State Summit Co Breckenridge (Low Range) Breckenridge (High Range) 73 TRAFFIC TRAFFIC 50,000 Region 2008 Current 2020 2030 2040 Change % Change 44,200 Tunnel (traffic station 106) 31788 36,468 37,404 42,084 46,764 10,296 28% 45,000 39,950 St Hwy 9 North Tiger Rd. 40,000 35,700 (station 240) 17882 21,347 22,040 25,505 28,970 7,623 36% 34,000 35,000 31,788 St Hwy 9 South (station 30,000 27,920 100499) 7819 9,020 9,260 10,462 11,663 2,643 29% 24,620 Source: CDOT on line Traffic Data Explorer 25,000 *Station 100499 is a non-continuous traffic counter and used periodically 21,320 20,660 AADT = Annual Average Daily Traffic 20,000 17,882 15,000 8,108 8,970 10,000 7,819 6,900 7,245 5,000 2008 Current 2020 2030 2040 Tunnel St Hwy 9 North St Hwy 9 South SKIER VISITS SKIER VISITS Region Current 2020 2030 2040 Change % Change 17,000,000 15,460,438 State 12,750,000 12,986,203 14,163,516 15,460,438 2,598,238 21% 15,000,000 14,163,516 Summit Co 4,322,880 4,399,297 4,802,132 5,241,853 918,973 21% 12,750,000 12,986,203 Source: Colorado Ski Country USA and projections based on growth factors 13,000,000 *Per the Park Avenue SH 9 Roundabout Modeling and Construction Feasbility Study (JVA Consultants, et al, 2017) and United States Ski Area Association Data, annual growth factor of 0.88% over the 10 year period (2006-2016) in skier visits in the Rocky Mountain Region is projected 11,000,000 forward 9,000,000 7,000,000 5,241,853 4,802,132 4,399,297 5,000,000 4,322,880 3,000,000 1,000,000 Current 2020 2030 2040 74 State Summit Co Intersection Queue Length (in INTERSECTIONS ft.) % 350 Region Current 2030 2040 Change Change 300 306 17 of 24 of 250 262 Intersection Legs at LOS F 9 of 31 31 31 15 167% 200 213 Intersection Delays Avg (in 150 seconds) 50 150 231 181 362% 100 Intersection Queue length in 50 ft 213 262 306 94 44% 0 Source:JVA Round-a-Bout Study 2017 Current 2030 2040 *Park Avenue SH 9 Roundabout Modeling and Construction Feasbility Study (JVA Consultants, et al, 2017) Assumes no improvements to existing roadway system Intersection Delays Avg (in seconds) Intersection Legs at LOS F (Out of 31) 30 250 231 25 200 24 20 150 150 17 15 100 10 9 50 50 5 0 0 Current 2030 2040 Current 2030 2040 75 Parking Total PARKING 6,000 Region Current 2030 2040 Change % Change 4,851 5,000 4,430 Town Lots 1,188 4,000 On-Street 592 4,000 Ski Area Lots 2,220 3,000 Total 4,000 4,430 4,851 851 21% Parking change based on traffic change projected in JVA Roundabout Study 2,000 1,000 0 Current 2030 2040 HOUSING UNITS NEEDED (KEEP UP) HOUSING 4,800 4,526 Region 2020 2030 2040 4,300 Summit Co 1,025 2,776 4,526 3,800 Upper 3,300 Blue 375 819 1,262 2,776 2,800 Source: Summit Co Workforce Housing Demand Update – 2016 *Estimated number of new deed-restricted units needed to keep up with projected employment 2,300 growth 1,800 1,262 1,300 1,025 819 800 375 300 2020 2030 2040 Summit Co Upper Blue 76 CHILDCARE CHILDCARE 2000 1,855 % 1800 Subject Current 2020 2030 2040 Change Change 1631 1600 Number of 1,394 1430 1400 Children 399 409 466 530 131 33% Childcare 1200 Slots/Week 1,394 1430 1631 1,855 461 33% 1000 Childcare 800 530 Slots/Day 279 286 326 371 92 33% 600 466 399 409 Source: Child Care Update Town of Breckenridge 2018, BBC Research and Consulting 400 *Includes 245 children in childcare facilities and 154 children on waitlists 326 371 279 286 200 Current 2020 2030 2040 Number of Children Childcare Slots/Week Childcare Slots/Day BUILDOUT Commercial Density Remaining Total Commercial Density Used (Total) (Including Town- Percent Built Out Density at Buildout owned parking lots) 1,312,550 607,479 1,920,029 68% Residential Remaining SFEs Residential Density at Total Units Built to Date Percent Built Out (Realistic) Build-Out 858.00 8,462 90% Total Residential Remaining Realistic Density (including 7,603 Workforce Housing Percent Built Out Workforce Housing) Density at Buildout 482.00 8,944 85% *Units based on Single Family Equivalents, realistic to be built 77 Race – Ethnicity State projected 15% growth of Hispanic as a percentage of total population; 3% growth of Asian; 16% decline of White between 2010 and 2040 (State Demographer's Office)