NOTICE Notice is hereby given that

80424 | 04/03/2020 | Ad id: 8-0000568653-01
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NOTICE

Notice is hereby given that on March 24, 2020 the Breckenridge Town Council approved a site specific development plan in the form of a Development Agreement with St. John the Baptist Episcopal Church, a Colorado nonprofit corporation ("Church"), for the property and purposes described below, and created a vested property right pursuant to Colorado law.

Legal Description of Property Subject to the Approved Development Agreement: Lots 1 and 2, Block 4, Abbett Addition to the Town of Breckenridge (the "Property"). The Property address is 100 South Ridge Street, Breckenridge, Colorado 80424.

Project Name and General Description: There is located on the Property a church that was originally constructed in 1881 ("Historic Church"), together with an addition to the Historic Church that was constructed in 1986 ("1986 Addition"). Both the Historic Church and the 1986 have basements, but the Historic Church and the 1986 Addition are only connected above ground. The Church proposes to restore and rehabilitate the Historic Church, remodel the 1986 Addition, add new foundations to both the Historic Church and the 1986 Addition, and connect the Historic Church and the 1986 Addition below ground by an addition not to exceed 300 square feet size (the "Project'). The Project is more fully described in the application on file with the Town's Department of Community Development ("Application").

Purpose of Agreement:

Under the Town's land use regulations, the Project cannot be undertaken without a Development Agreement. The approved Development Agreement authorizes the Planning Commission to review and approve, subject to compliance with all other applicable development policies of the Town, a development permit for the Project that includes the following:

1. So long as the Application is not materially amended prior to the Planning Commission's final decision, the Application shall not be found to fail the following absolute policies of the Town's Development Code: (i) Section 9-1-19-3A, "Policy 3 (Absolute) Compliance With Density/Intensity Guidelines;" (ii) Section 9-1-19-4A, "Policy 4 (Absolute) Mass;" and (iii) Section 9-1-19-18R, "Policy 18 (Absolute) Parking." All other relevant absolute development policies of the Development Code shall be applied to the Application in accordance with the Planning Commission's normal process for evaluating an application for a development permit.

2. So long as the Application is not materially amended prior to the Planning Commission's final decision, no negative points shall be assessed against the Application under the following relative policies of the Town's Development Code: (i) Section 9-1-193R, "Policy 3 (Relative) Compliance With Density/Intensity Guidelines;" and (ii) Section 9-1-19-4R, "Policy 4 (Relative) Mass. All other relevant relative development policies of the Development Code shall be applied to the Application in accordance with the Planning Commission's normal process for evaluating an application for a development permit
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3. The Town will provide up to a maximum of 300 square feet of density for the Project at no cost to the Church. Provided, however, if it is ever determined by a court that the Town may not legally provide such density for any reason the Town will not provide such density, and the Church will purchase the required density and transfer the purchased density to the Property. The purchase price for the required density will not exceed the amount in effect as of the effective date of the Development Agreement
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4. As the commitments encouraged to be made in connection with an application for a development agreement pursuant to Section 9-9-4 of the Breckenridge Town Code, the Church shall do the following: (i) agree to have the Town designate the Historic Church (which includes the additional basement density allowed in connection with landmarking the building) as a historic landmark under the Town's Historic Preservation Ordinance; (ii) dedicate to the Town, in a form and substance acceptable to the Town Attorney, a new public pedestrian easement four feet in width running along the southerly property line of the Property; (iii) remove the stairwell on the Property that currently encroaches into the Town's Lincoln Avenue right-of-way. These actions shall be taken as and when directed by the Town; (iv) execute a restrictive covenant, in a form acceptable to the Town Attorney, restricting approximately 2,354 feet of space in the Church to use for social services in perpetuity, in accordance with Church policies then in force; and (v) grant to the Town a right of first offer to purchase the Property in the event the use of the Property as a church is ever discontinued. The Right of First Offer shall be set forth in a separate agreement to be recorded with the Clerk and Recorder of Summit County, Colorado prior to the issuance of a building permit for the improvements to be constructed to the Property pursuant to the approved Development Agreement. The form of the Right of First Offer agreement shall be acceptable to the Town Attorney and the Church. Requirements 4(i), 4(ii) and 4(iii) will be done by the Church as and when directed by the Town

5. The term of the approved Development Agreement shall commence on its effective Date and shall end, subject to earlier termination in the event of a breach of the agreement, five (5) years from the effective date unless prior to such date the Church's application for a development permit for the Project has finally been approved by the Town, and the development permit for the Project has been executed and signed by Church.

6. In connection with an application for a development permit to develop the Property in accordance with the approved Development Agreement, the application shall not receive an award of positive points under the Development Code for: (i) any commitment offered to the Town by the Church pursuant to the approved Development Agreement, or (ii) any other obligation or requirement of the Church under the approved Development Agreement.

The summary description of the approved Development Agreement set forth in this Notice is not intended to be complete or comprehensive; there are other provisions of the Development Agreement. Interested parties should obtain and review the full text of the approved Development Agreement to ascertain the complete substance of the approved agreement. During the current public health emergency, a copy of the approved Development Agreement may only be obtained by contacting the Town Clerk by e-mail at Email Me. After the current public health emergency, a copy of the approved Development Agreement will be available for inspection and copying at the Town Clerk's office, 150 Ski Hill Road, Breckenridge, Colorado during normal business hours, Monday through Friday. Inquiries concerning the approved Development Agreement may be directed to Jeremy Lott, Planner II, Town of Breckenridge Department of Community Development, at (970) 453-3176.

THIS NOTICE IS PUBLISHED PURSUANT TO SECTION 9-9-13 OF THE BRECKENRIDGE TOWN CODE AND IN COMPLIANCE WITH THE REQUIREMENTS OF SECTION 24-68-103(1), C.R.S.

Dated: March 25, 2020

TOWN OF BRECKENRIDGE, a Colorado municipal corporation

By: Helen Cospolich, CMC, Town Clerk

Published in The Summit County Journal on: April 3, 2020. 0000568653