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Home My WebLink AboutPACKET Town Board 2000-05-09, I - I - - ' -- -- I ----Il - k Prepared 5/3/00 't The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 9,2000 7:00 p.m. AGENDA Presentation of Award to Officer Eric Rose - Mayor Baudek and Assistant Town Administrator Repola. PUBLIC COMMENT: TOWN BOARD COMMENTS: 1. CONSENT CALENDAR: 1. Town Board Minutes dated April 25,2000. 2. Bills. 3. Committee Minutes: A. Community Development, April 27,2000 B. Public Safety, May 4,2000. 4. Estes Valley Board of Adjustment, April 11, 2000 (acknowledgement only). 5. Estes Valley Planning Commission, April 18, 2000 (acknowledgement only). 2. ACTION ITEMS: 1. Census 2000-Update on Field Operations - Jim White, Colorado Government Partnership Specialist. 2. Mary's Lake Lodge Addition Annexation: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny - Resolution #12-00. - Ordinance #5-00. 3. Skateboard Ordinance #6-00 - Amending Chapter 9.18.020 of the Municipal Code. 4. Motion to adjourn. I-The Town Board meeting June 13, 2000 has been cancelled due to scheduling conflicts. 4 Town of Estes Park, Larimer County, Colorado, April 25,2000 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 25th day of April, 2000. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees: Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS None. Mayor Baudek presented a Certificate of Achievement for Excellence in Financial Reporting presented by the Government Finance Officers Association tp Finance Officer Vavra. Year 2000 marks the 13th consecutive year the Finance Dept. has earned this prestigious award. The Board congratulated the entire department for their team effort. 1. CONSENT CALENDAR: 1. Town Board Minutes dated April 11, 2000. 2. Bills. 3. Committee Minutes: A. Light & Power, April 13, 2000. B. Public Works, April 20,2000: 1. Guardrail Project, $25,000 2. Bridge Maintenance, $25,571 It was moved and seconded (Doylen/Newsom) the consent calendar be approved, and it passed unanimously. f Board of Trustees - April 25,2000 - Page 2 2. ACTION ITEMS: 1. FIREMEN'S PENSION BOARD - CORRECTION OF APPOINTMENTS. It was moved and seconded (Gillette/Doylen) Ron, Weakland, 2nd Ass't. Chief and Doug Deats be appointed to the Firemen's Pension Board, and it passed unanimously. 2. NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FILED BY HATCHER HOSPITALITY OF COLORADO, INC., DBA DUNRAVEN DOWNTOWN, 101 B. WEST ELKHORN AVE. Mayor Baudek opened the public hearing, with Dale Hatcher/Applicant stating his case and Town Clerk O'Connor presenting the application. There being no further testimony, Mayor Baudek closed the public hearing. Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Habecker/Gillette) the Hotel and Restaurant Liquor License for Dunraven Downtown be approved, and it passed unanimously. 3. UPLANDS AT FISH CREEK P.U.D. ANNEXATION. Community Development Director Stamey presented a Memorandum of Understanding (MOU) for the Uplands advising that discussions with the Homeowners Assn. have taken place over the past year. A total of 68% of the voting members of the Uplands are in favor of annexation, and the Homeowners Assn. is requesting the Town approve the MOU and proceed with the annexation process. Staff is estimating $3,500-$4,000 in associated costs Stacey Patterson, PresidenUHomeowners Assn. reviewed the Association's process to determine their membefs vote on the proposed annexation, and commended staff for their assistance in this process. Discussion followed, and it was moved and seconded (Doylen/Gillette) the MOU as described above be approved, and it passed unanimously. 4. ESTES PARK HOUSING AUTHORITY. Town Administrator Widmer briefed the Trustees on Ordinance #4-00 that amends membership of the Estes Park Housing Authority from the Board of Trustees to individuals other than members of the Board of Trustees. Town Attorney White read the Ordinance. It was moved and seconded (Gillette/Newsom) Ordinance #4-00 be approved, and it passed unanimously. Town Attorney White read Resolution #11-00 appointing the following to the Estes Park Housing Authority: Sue Doylen/5-yr. term, Karla Porter, 4-yr. term, Lee Kundtz, 3-yr. term, Louise Olson/2-yr. term, and Eric BlackhursUl-yr. term. It was moved and seconded Resolution #11-00 be approved, and it passed unanimously. 5. Following completion of all agenda items, it was moved and seconded (Habecker/Doylen) the Board enter Executive Session to discuss matters relative to negotiations with Town Attorney White, and it passed unanimously. Whereupon Mayor Baudek adjourned the meeting to Executive Session at 7:41 p.m. Mayor Baudek reconvened the Board into open session at 8:59 p.m. and he announced the CRA Annual Dinner May 17'h - all were invited to attend. The Board was also invited to attend a "Z Theory" meeting May 190 at the Notchtop Caf6. I , 4 Board of Trustees - April 25,2000 - Page 3 Trustees Doylen and Doylen reported on a neighborhood meeting held in Arapahoe Meadows. It was moved and seconded (Doylen/Jeffrey the meeting be adjourned at 9:05 p.m., and it passed unanimously. Mayor John Baudek Vickie O'Connor, Town Clerk . 4 1 BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 27,2000 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 27th day of April, 2000. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: All Also Attending: Town Administrator Widmer, Directors Kilsdonk, Hinze, Pickering, Stamey, Thompson, Manager Marsh, Clerk O'Connor Absent Trustee Habecker Chairman Doylen called the meeting to order at 8:00 a.m. CHAMBER RESORT ASSOCIATION (CRA). CRA Director David Thomas briefed the Committee on the Estes Park Snowshoe Adventure Series. With approximately 6,000 participants, the event was deemed a success and plans are underway for next year's event. The temporary shed placed in the parking lot for this event should be removed by Friday, 4/28/00. CRA is co-sponsoring "Colorado Tourism Week-Celebrate Tourism" May 7'h. A block party is planned from 1-5:00 p.m. on a portion of Glenarm St. in Denver to call attention to tourism, the second largest industry in Colorado. Mr. Thomas confirmed CRA will assist the Town Board in explaining the value of tourism to the local community. SENIOR CENTER. Director Thompson reported on Meals on Wheels (a brochure identifying all services and activities will soon be ready for distribution); Fundraising (Breakfast Buffet, Sale of Duck Race tickets, and appointment of a Fundraising Committee); Strategic Planning (held 3 workshops), and Volunteer Recognition. Activities (Spring Fling 4/27); Staffing (resignation of Marge Chudy); a Joint Open House (w/the Museum); and the Heritage Garden were reviewed. MUSEUM. Director Kilsdonk briefed the Committee on upcoming events and attendance statistics. In a memorandum dated April 27'1 Director Kilsdonk provided background information on a completed architectural study of the Museum as a means toward identifying and addressing facility deficiencies. Jon Sypher, Â·Vice PresidenUFriends Board and Facility Expansion Committee Chair, added that the Friends will match the Town's funds for a capital campaign feasibility study, and confirmed that the Friends understand and will include maintenance, operation and staffing levels in the Study. Reasoning and budgeting facts were discussed and staff is recommending the Town allocate up to $3,000 in matching funds from the Museum's 2000 Budget (Phase I Facility Expansion Project - $39,098) toward funding a capital campaign feasibility study. The Committee recommends approval to reallocate up to $3,000 as identified above for said study. , i , BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee - April 27,2000 - Page 2 SPECIAL EVENTS. Report on Facility Usage for Summer Season 2000. Director Hinze reported on the following usage schedule planned for the 2000 Summer Season: Fairgrounds - 72 days (May through October) Bond Park - 18 days for Special Events, 36 for Campfire Sing-a-longs Riverside Plaza - 1 From May 20 through October 15, the total number of days Town facilities are utilized is 149. Staff is working on additional event days for the fairgrounds that could increase usage by 14 days-usage would be rental of the facilities, not Town-sponsored. Fairgrounds Mater Plan - Review. The original Master Plan developed by BRW was accepted by the Town in 1984. A drawing indicating existing conditions in 1984 and proposed Phases 1, 11 and Ill were reviewed, with cost estimates provided for each phase. Although certain improvements have been completed, work was performed in the 80's, thus certain areas are in need of repair. Consensus of the Committee was to begin re-evaluating the fairgrounds, perhaps during the forthcoming Retreat. Town Administrator Widmer clarified an article in the Rocky Mtn. News regarding Currigan Exhibition Hall and a letter to the News from Genevieve Nicholas. The Committee confirmed that the Town has no intention of responding to Denver's RFP to purchase/move the Hall (2.5 acres) to Stanley Park pursuant to cost, size and the architecturally inappropriate structure. Upcoming Events. Director Hinze briefed the Committee on the Duck Race, Jazz Fest & Art Walk, Bike Rodeo, Antique Show and Art Market. COMMUNITY DEVELOPMENT. Director Stamey presented the May 2000 Issue of the Estes Park Community Profile, and reported the Estes Park Housing Authority will meet May 17th for their first meeting; the Planner Il position has been filled and the new employee will begin work May 1St and staff is meeting with the County Planning to review necessary modifications to the Development Code. MARKETING. Advertising Report. Manager Marsh reported on the Advertising Program providing statistical information on requests for information, the banner ad test results. Copies of the 1999 Mini-Conversion Study were presented, followed by a question and answer period.. Various graphs for Vacation Planner requests, WATS Line calls, and e-mail requests for information. Conference Center. Director Pickering clarified Local Use at the Conference Center, referring to existing conference policy and stated the focus for conferences remains on the shoulder season. Today's bookings by non-profits is approximately 50%. Additionally, non-profits pay for direct expenses, and do not pay for room rental. - 4 BRA'FORD.U.LISHING.0. RECORD OF PROCEEDINGS Community Development Committee - April 27,2000 - Page 3 Concerning the proposed atrium addition, Director Pickering stated that this expansion has been postponed for approximately 1 -2 years. There being no further business, Chairman Doylen adjourned the meeting at 9:16 a.m. +Ili_, O- 0-uu Vickie O'Connor, CMC, Town Clerk BRADFORD PUBLISHING Co. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, May 4,2000 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 4th day of May, 2000. Committee: Chairman Gillette, Trustees Jeffrey and Newsom Attending: Chairman Gillette and Trustee Jeffrey Absent: Trustee Newsom Also Attending: Assistant Town Administrator Repola, Lt. van Deutekom, Fire Chief Dorman, Deputy Town Clerk van Deutekom Chairman Gillette called the meeting to order at 8:06 a.m. POLICE DEPARTMENT Law Day Officer Of The Year Award For Larimer County: Assistant Town Administrator Repola reported that Officer Eric Rose was recently selected as Officer of the Year for Larimer County and he will be honored at a luncheon Friday, May 5th. The accomplishments of Officer Rose be recognized at the May 9th Board of Trustees meeting. Customer Surveys: Lt. van Deutekom presented the 1St quarter 2000 customer survey statistics. Overall customer contacts and responses are positive. FIRE DEPARTMENT (EPVFD) Mobile Chipping Program: Fire Chief Dorman reported that Larimer County was awarded Â·a grant from the Colorado State Forest Service toward wildfire hazard mitigation. The purpose of the grant is to assist mountain property owners to become more "fire wise" by providing mobile chipping sites for trees and brush. In turn, this program will benefit EPVFD by the reduction of fire load in the wildland/urban interface corridor and wildland firefighting tools to help protect the homes in the area. 1st Quarter 2000 Run Report: Fire Chief Dorman presented the 1St quarter 2000 run report. There were 89 calls during the 1St quarter 2000 compared to 66 for the same time period in 1999. Pumper/Tanker Truck Purchase: The new Tender 11 truck should be delivered the 2nd or 3rd week of June. Wildland Fire Training: The Hot Shot Crew of the Park Service will provide wildland fire training beginning next week to 21 members of EPVFD. aRACFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Public Safety Committee - May 4,2000 - Page 2 REPORTS NIBRS 1st Quarter 1998, 1999, 2000: Lt. van Deutekom presented the 1St quarter NIBRS report. Areas discussed included burglaries, narcotics, sexual assault, fraud, and the 34/36 pedestrian underpass. Assistant Town Administrator Repola will research underpass lighting plans and report back to the Committee. PD Remodel Update: The remodel project is substantially complete and the security code will be changed this week. Chairman Gillette encouraged Trustees Jeffrey and Newsom to meet with Police and Fire Department staff at their convenience. Due to Trustee scheduling conflicts, the meeting time for future Public Safety Committee meetings will be changed from 8:00 a.m. to 7:30 a.m. There being no further business, Chairman Gillette adjourned the meeting at 8:45 a.m. ~~12/Fl AE,111*Avo -A- 2 0- Rebecca van Deutekom, Deputy Town Clerk 0 . BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment April 11, 2000, 8:00 a.m. Board Room (Room 130), Estes Park Municipal Building Board: Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and Al Sager Attending: All Also Attending: Director Stamey, Senior Planner Joseph, and Recording Secretary Wheatley Absent: None Following a presentation by Mayor Dekker in appreciation of the Board of Adjustment volunteers, Chair Barker called the meeting to order at 8:05 a.m. INTRODUCTION Director Stamey welcomed new Board members and gave a brief history of the creation of the Estes Valley Board of Adjustment. Procedures and standards for review of variance requests were also noted. ELECTION OF OFFICERS It was moved and seconded (Newsom/Ball) that Jeff Barker be nominated for Chair and it passed unanimously. It was moved and seconded (Newsom/Ball) that Al Sager be nominated for Vice Chair and it passed unanimously. A representative of the Community Development Office was appointed as Recording Secretary. LAKE SHORE LODGE, SECTION 29, T5N. R72W, 1700 BIG THOMPSON AVENUE, APPLICANT: R. L. STANGER - SIGN VARIANCE REQUEST FROM SECTION 8.7.3.f. OF THE LARIMER COUNTY LAND USE CODE. Senior Planner Joseph reviewed the Staff Report. Staff recommends the sign be moved a minimum of 8 feet back from the highway ROW. Sr. Planner Joseph responded to questions from the Board and advised that if the Board granted the variance, they could also limit the amount of square footage allowed. Sign area is determined to be the face of the sign plus 50% of the sign structure. Roger Thorp representing the applicant reviewed their request. The applicant's calculation of signage was approximately 47.5 square feet. The sign was designed to keep in character and scale to the EVRPD's marina sign. The applicant would like the sign to be at its designated location to avoid being hidden by the marina sign. Total signage for the property is 60 square feet, and other exterior signage on the property would be limited to the remaining allowable square footage. Current signs noting construction site information will be removed. Since the Town ordinance allows 8 foot setbacks from other property lines and future annexation of this property is being planned, the property line setbacks should conform. Lighting will be designed by the sign vendor but the intention is that the lighting will be directed solely at the sign. This sign is two-sided with the same design and text on each side. This property is not adjacent to the highway and its only access is from Highway 34. The sign is proposed to be placed within the Lodge's access easement. To avoid having to put . 1 BRA'FOR' PUBLIS.ING CO RECORD OF PROCEEDINGS Board of Adjustment April 11, 2000 Page 2 a larger, more noticeable sign on the Lodge property, the offsite variance is requested. Public Comments: Cory Blackman, 1260 Big Thompson Avenue - spoke in opposition to the request. Wally Burke, 1258 Big Thompson Avenue - spoke in opposition to the request. Stan Gengler, EVRPD - referred to his written comments included in the Board members' packets. Roger Thorn responded to the comments and answered questions from the Board. Setback could be accommodated. The new sign design distributed at the meeting is smaller than that in the packet. By reducing the log size to 10 inches, the width of the signage would be reduced by an additional foot. It was moved and seconded (Sager/Newsom) to approve the variance request with the following conditions, and the motion passed. Those voting "yes": Sager, Newsom and Ball. Those voting "no": Barker and Lamy. 1. Limit the wording on the sign to the Lake Shore Lodge and Conference Center name, and address. 2. Allow sign to be calculated as the rectangular area within the structure (47.25 square feet). 3. Sign design and materials shall be as presented with this request. 4. Maintain an 8-foot setback from the highway ROW. 5. Lighting shall be directed to prevent any offsite glare and shielded so as not to be visible from adjacent property or the highway. 6. Total exterior signage on the property shall not exceed the allowable limit set by the Larimer County Code (60 sq. ft.) including this off site sign. 7. Place dimensions on the approved site plan that verify sign location setbacks and sight visibility at the highway intersection. MARY'S LAKE LODGE, LOT 1. TRACT 2, MARY'S LAKE LODGE ADDITION, APPLICANT: FRANK THEIS - REQUEST FOR VARIANCE FROM EVDC SECTION 4.4.C.1 WHICH ALLOWS FOR AN F.A.R. OF .25 AND MAXIMUM BUILDING HEIGHT OF 30 FEET. REQUEST IS FOR AN F.A.R. OF .25 AND BUILDING HEIGHT OF 50 FEET. Director Stamey gave the Staff Report. Applicant is requesting two variances as follows: 1. The maximum allowed building height is 30 feet. Applicant is requesting a building height of 50 feet. 2. Maximum allowed Floor Area Ratio (FAR) is 0.25. Applicant is requesting an FAR of 0.29. Staff recommendation was denial of these variances. Height variance applies to the south wing only. The north wing is involved in the calculation of the FAR. The applicant, Frank Theis, gave a slide presentation of the history of the lodge. The applicant desires to restore and maintain the historic architecture and design of the building. Dormers in the attic level would be constructed. Public Comments: Dick Brown, 871 East Lane, President of EPAHM (but not representing the Board) - he personally supports the applicant's effort in replicating the lodge. : f . DRADFOR/PUBLISHINGCO. RECORD OF PROCEEDINGS Board of Adjustment April 11, 2000 Page 3 Bob Koehler, 2106 Ute Court - spoke in favor of the request. Bill Van Horn, McGraw Ranch Road and owner of Lost 1 and 2 of Kiowa Ridge - spoke in favor. Frank Theis gave additional information regarding the historical use of the property. It was moved and seconded (Newsorn/Ball) that the variance be approved as submitted based on the findings that this is an historic structure and needs to be replicated as closely as possible and the height variance from the 30 feet is needed to replicate the building, and because of the consideration of the amount of open public areas in the lodge, the additional FAR should be allowed. Motion carried. Those voting "yes" - Sager, Newsom and Ball. Those voting "no" - Lamy and Barker. REPORTS Recognition and restoration of historical structures in the area was discussed. Historic preservation is usually limited to a specific property and adjacent properties and then the historic replication is required in totality. The Stanley Historic District regulations were developed over a year's time. There being no further business, Chair Barker adjourned the meeting at 10:24 a.m. Jeff Barker, Chair Meribeth Wheatley, Recording Secretary BRADFORIPUILIS'ING.0. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission April 18,2000,1:30 p.m. Board Room (Room 130), Estes Park Municipal Building Commission: Chair Edward Pohl, Commissioners Wendell Amos, William Baird, Joyce Kitchen, Ed McKinney, Cherie Pettyjohn, and Dominick Taddonio Attending: Chair Pohl, Commissioners Amos, Kitchen, McKinney, Pettyjohn and Taddonio Also Attending: Director Stamey, Senior Planner Joseph and Recording Secretary Wheatley Absent: Commissioner Baird Chair Pohl called the meeting to order at 1:30 p.m. Al Sager's resignation and years of service were noted. Ed McKinney who will complete Mr. Sagefs term was welcomed to the Commission. During the Study Session, Commissioner Baird announced he had moved within Town limits and would, therefore, resign as Commissioner. 1. MINUTES of the January 18, 2000 meeting were approved as presented. 2. DISCUSSION REGARDING EVDC UPDATES Director Stamey reviewed his memo dated April 17, 2000, which included the following: 1. Vacation Rentals - Table 5-1 needs to be corrected to reflect that vacation rentals are allowed both within Town and County. 2. Junk Violations and Abandoned Vehicles. Town enforces through another ordinance. County enforces through zoning. County has asked that a junksection be added to the Code to enforce this within the Valley. Definitions from the Larimer County Land Use Code should be incorporated into the EVDC. 3. Legal Lot Description - Town and County has historically used the same definition for a legal lot. For clarity, dates that are used in the Larimer County Land Use Code shall be included in the EVDC legal lot definition. 4. Outdoor Sales - We don't specifically permit outdoor sales except as an accessory use. Under the prior Town code, principal outdoor sales were permitted only by Special Review. This should be added to the EVDC. This does not include temporary seasonal outdoor sales such as the Farmers Market and Christmas tree sales. Staff recommends language similarto what the Town used previously. 5. Subdivision Process - The County has an Add-on Agreement process that allows existing, contiguous legal lots not in a platted subdivision to be combined. Staff believes it would be beneficial if there were such a provision in the EVDC. Staff also recommends that Boundary Adjustments should not all be considered as minorsubdivisions. Staff would recommend adding standardsthat a boundary adjustment may be considered as a minorsubdivision, except, forexample, when it increases the potential for subdivision, is located in a hazard area orhas access questions. BRADFOADPUBLISHINGCO. RECORD OF PROCEED]NGS Estes Valley Planning Commission - April 18, 2000 Page 2 3. REPORTS The Denver Regional Council of Governments (DRCOG) is holding a Planning Commissioners Workshop on May 6,2000. Four planning commissioners have indicated they plan to attend. There may be 3 or more commissioners car pooling to this meeting but commissioners have been advised that no discussion will occur regarding submittals or issues coming before the Commission. The first meeting of the Estes Valley Board of Adjustment has met and approved a variance request for Mary's Lake Lodge. The Planning Commission will be seeing a development plan for Mary's Lake Lodge in conjunction with their annexation in the near future. Regarding work on design standards, a work session with the Board of Trustees and then a follow-up meeting with the County Commissioners will be scheduled to determine their direction for this year. There being no further business, Chair Pohl adjourned the meeting at 2:00 p.m. Edward Pohl, Chair Meribeth Wheatley, Recording Secretary ESTES PARK, COLORADO NON-RESPONSE FOLLOW-UP OPERATION Started April 30 and will end June 23,2000 There are twenty-five enumerators in the Estes Park area. Drake has three enumerators. These enumerators are presently out with their bag, badge, and address listing book. Their function is to go to housing units that did not return their questionnaire. We do know that Estes Park has a high number is second homes. So, our enumerators are trained to go to the house, and if no response. They are trained to fill out the address listing book as a seasonal home. If someone is living at the seasonal home they will attempt to conduct and interview and if the occupants say that they filled out a questionnaire. Then our enumerators are trained to ask them where they lived on April 1, 2000. Our Local Census Office that is in charge of this area is located at: 810 9th Street Greeley, Colorado 80631 1-970-336-0612 or 1-888-325-7733 Our office is committed in performing this operation in a professional and expedient manner. Our goal is to count every area that our Local Census Office is in charge of. MEMORANDUM TO: Honorable Mayor Baudek Board of Trustees FROM: Stephen L. Stamey, AICP Community Development Director SUBJECT: Mary's Lake Lodge Addition Annexation and Zoning DATE: May 3,2000 Background The Mary's Lake Lodge Addition consists four parcels of land, totaling 40.12 acres. The Mary's Lake Lodge site, which is included, is 4.27 acres. The addition fronts on Mary's Lake Road, and is contiguous with the Kiowa Ridge Subdivision. Tracts 1, 2, and 4 are zoned A-Accommodations. Tract 3 is zoned A-1 Accommodations. This zoning will remain the same as part of the annexation process. However, as the property is moving to within the Town's corporate limits, the Town of Estes Park needs to confirm the zoning as part of its action. An Annexation Impact Report is attached. An Annexation Agreement is also attached. 4â€¢ke{ 1 im~ltâ‚¬4"h-e~ Budget ~3Â»79 N/A Recommendation 1. Approval of the annexation of the Mary's Lake Lodge Addition. 2. Zoning for the property to be established as A-Accommodations for Tracts 1, 2, and 4, and A-1 Accommodations for Tract 3. 3. Approval of the Annexation Agreement. ANNEXATION IMPACT REPORT MARY'S LAKE LODGE ADDITION NOVEMBER, 1999 PROJECT DESCRIPTION Mary's Lake Lodge Addition is contiguous with Town of Estes Park boundaries. The Addition consists of 40.12 acres total. 35.85 acres of unimproved land are included within this area, and 4.27 acres of the improved land containing the Mary's Lake Lodge are included within this area. Tracts 1, 2 and 4 are currently zoned "A" Accommodations, and Tract 3 is currently zoned "A-1" Accommodations. The current zoning is proposed to remain unchanged. Tract 1 is expected to be developed for a church. Tract 2 is being renovated for commercial accommodations and vacation condominium ownership. Tracts 3 and 4 are expected to be developed for a combination of single family and multi-family use. The owners of the land to be annexed have submitted an annexation petition to the Town of Estes Park. Petitions were signed by owners representing 100% of the land to be annexed. Relation to the Town Exhibit A identifies existing Town limits and the proposed annexation boundary. Exhibit A also identifies the existing street system. The land to be annexed has access from Mary's Lake Road, and from the recently dedicated street system serving Kiowa Ridge. The owners / developers will extend municipal water service to the land to be annexed and developed. This service will meet Town standards. The owners / developers will also extend and install electric service to this subdivision meeting Town standards. Sanitary Sewer is provided be the Upper Thompson Sanitation District. The owners / developers will install sanitary sewer service to this subdivision meeting Upper Thompson Sanitation District standards. Upon annexation, Town services in the areas of zoning, streets, snowplowing, urban water rates, taxes, police protection, and building permiUinspection, will be provided. Town provided services will be funded through the Town's General Fund, which is approved annually through the budget process. Districts Existing Districts in this area include: Park R-3 School District Estes Valley Public Library District Estes Park Hospital District Upper Thompson Sanitation District Estes Valley Recreation and Park District The Mary's Lake Lodge Addition is currently within the Park R-3 School District. Children in this addition would attend school within this district if developed in the County or tile Town. Annexation of Mary's Lake Lodge subdivision will have not adverse impact on the Park R-3 School District 1 MÂ· 2&41 25; 9 f A O f 1100 Fee 609--~~~ 0 600 RESOLUTION NO. 12-00 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-110, C.R.S., hereby finds that with regard to the proposed annexation of the following described area, that the requirements of the applicable parts of Sections 31-12- 104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31-12-107(2), C.R.S.; and that no additional terms and conditions are to be imposed on the annexation. The area eligible for annexation known as "MARY'S LAKE LODGE ADDITION" to the Town of Estes Park is as follows: A portion of Section 2, Township 4 North, Range 73 West of the 6th P.M. more particularly described as follows: Commencing from the TRUE POINT OF BEGINNING at the center 1/4 corner of said Section 2 as monumented by a brass capped pipe; thence South 86 degrees 08 minutes 59 seconds East a distance of 107.94 feet to U.S.B.R. brass capped corner #AP-7; thence North 22 degrees 52 minutes 06 seconds East a distance of 923.52 feet to the Westerly right of way of Mary's Lake Road; thence along said right of way for the following five courses, South 36 degrees 01 minutes 28 seconds East a distance of 474.60 feet; thence South 30 degrees 27 minutes 22 seconds East a distance of 660.00; thence South 36 degrees 13 minutes 20 secoods East a distance of 405.31 feet; thence South 35 degrees 44 minutes 22 seconds East a distance of 93.93 feet; thence South 57 degrees 02 minutes 22 seconds East a distance of 326.04 feet more or less to a point on line of the existing corporate limits of the Town of Estes Park; thence leaving said right of way and following said corporate limits for the following seven courses, South 32 degrees 57 minutes 27 seconds West a distance of 23.39 feet, thence along a tangent curve, concave to the Northwest with a radius of 70.00 feet, a delta of 57 degrees 31 minutes 11 seconds and a chord bearing of South 61 degrees 43 minutes 02 seconds West a distance of 67.36 feet; thence tangent to said curve North 89 degrees 31 minutes 22 seconds West a distance of 685.64 feet; thence along a tangent curve, concave to the North with a radius of 175.00 feet, a delta of 32 degrees 55 minutes 54 seconds and a chord bearing of North 73 degrees 03 minutes 25 seconds West a distance of 99.21 feet; thence tangent to said curve North 56 degrees 35 minutes 28 seconds West a distance of 123.73 feet; thence South 32 degrees 44 minutes 22 seconds West a distance of 220.43 feet; thence North 74 degrees 01 minutes 22 seconds West a distance of 993.32 feet; thence leaving said existing corporate limits North 74 degrees 01 minutes 22 seconds West a distance of 99.88 feet; thence North 7 degrees 01 minutes 22 seconds West a distance of 189.29 feet; thence North 52 degrees 01 minutes 22 seconds West a distance of 280.00 feet; thence North 62 degrees 01 minutes 22 seconds West a distance of 210.00 feet; thence North 42 degrees 01 minutes 22 seconds West a distance of 179.86 feet to a point on the North line of the Northeast quarter of the Southwest quarter of said Section 2; thence along said North line South 86 degrees 08 minutes 28 seconds East a distance of 1029.90 feet to the TRUE POINT OF BEGINNING. DATED this day of 120 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ORDINANCE NO. 5-00 AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS MARY'S LAKE LODGE ADDITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the plat of said area as required by law, was filed with the Board of Trustees on the 2nd day of March, 2000 by the landowners of one hundred percent (100%) of the area and owning one hundred percent (100%) of the area, excluding public streets and alleys of the area hereinafter described. The Board, by Resolution at its regular meeting on the 14~h day of March, 2000, accepted said Petition and found and determined that the provisions of Section 31-12-107(1), C.R.S., were met; and the Board further determined that the Town Board should consider the annex plat on May 9,2000 at 7:00 p.m. in the Municipal Building for the purposes of determining that the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Section 2. That the Notice of said hearing was given and published as provided in Section 31-12-108(2), C.R.S. Section 3. That the hearing was held pursuant to the provisions of Section 31-12- 109, C.R.S., on the 9th day of May, 2000. Section 4. That following said hearing, the Board of Trustees adopted a Resolution determining that the proposed annexation met the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S.; that an election was not required under Section 31-12-107~), C.R.S.; and that no additional terms or conditions are to be imposed upon said annexation. Section 5. That the annexation of the following described area designated as MARY'S LAKE LODGE ADDITION to the Town of Estes Park, Colorado, is hereby approved: A portion of Section 2, Township 4 North, Range 73 West of the 6th P.M. more particularly described as follows: Commencing from the TRUE POINT OF BEGINNING at the center 1/4 corner of . said Section 2 as monumented by a brass capped pipe; thence South 86 degrees 08 minutes 59 seconds East a distance of 107.94 feet to U.S.B.R. brass capped corner #AP-7; thence North 22 degrees 52 minutes 06 seconds East a distance of 923.52 feet to the Westerly right of way of Mary's Lake Road; thence along said right of way for the following five courses, South 36 degrees 01 minutes 28 seconds East a distance of 474.60 feet; thence South 30 degrees 27 minutes 22 seconds East a distance of 660.00; thence South 36 degrees 13 minutes 20 seconds East a distance of 405.31 feet; thence South 35 degrees 44 minutes 22 seconds East a distance of 93.93 feet; thence South 57 degrees 02 minutes 22 seconds East a distance of 326.04 feet more or less to a point on line of the existing corporate limits of the Town of Estes Park; thence leaving said right of way and following said corporate limits for the following seven courses, South 32 degrees 57 minutes 27 seconds West a distance of 23.39 feet, thence along a tangent curve, concave to the Northwest with a radius of 70.00 feet, a delta of 57 degrees 31 minutes 11 seconds and a chord bearing of South 61 degrees 43 minutes 02 seconds West a distance of 67.36 feet; thence tangent to said curve North 89 degrees 31 minutes 22 seconds West a distance of 685.64 feet; thence along a tangent curve, concave to the North with a radius of 175.00 feet, a delta of 32 degrees 55 minutes 54 seconds and a chord bearing of North 73 degrees 03 minutes 25 seconds West a distance of 99.21 feet; thence tangent to said curve North 56 degrees 35 minutes 28 seconds West a distance of 123.73 feet; thence South 32 degrees 44 minutes 22 seconds West a distance of 220.43 feet; thence North 74 degrees 01 minutes 22 seconds West a distance of 993.32 feet; thence leaving said existing corporate limits North 74 degrees 01 minutes 22 seconds West a distance of 99.88 feet; thence North 7 degrees 01 minutes 22 seconds West a distance of 189.29 feet; thence North 52 degrees 01 minutes 22 seconds West a distance of 280.00 feet; thence North 62 degrees 01 minutes 22 seconds West a distance of 210.00 feet; thence North 42 degrees 01 minutes 22 seconds West a distance of 179.86 feet to a point on the North line of the Northeast 4uarter of the Southwest quarter of said Section 2; thence along said North line South 86 degrees 08 minutes 28 seconds East a distance of 1029.90 feet to the TRUE POINT OF BEGINNING. Section 6. The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37-45-126(3.6) C.R.S., to the inclusion of lands described above into the Northern Colorado Water Conservancy District and the Municipal SubDistrict, Northern Colorado Water Conservancy District. Section 7. Mary's Lake Lodge Addition is zoned Accommodations (A) and Accommodations (A-1). Section 8. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 20- and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of '20 , all as required by the Statutes of the State of Colorado. Town Clerk MEMORANDUM To: Honorable Mayor ~Â¢Fef-and Board of Trustees From: Randy Repola I)ate: May 5,2000 Subject: Skateboard ordinance amendment Background: Since 1986, skateboarding has been prohibited on public property within the town limits of Estes Park. In March, Municipal Judge Gary Brown recommended that the Public Safety Committee review ordinance 9.18.020 and determine ifthe prohibition continues to be necessary. Staff has researched the history of the ordinance and finds no compelling safety purpose for the town-wide prohibition. However, due to the physical characteristics of the downtown area, restrictions on the use of skateboards in that area seem reasonable and prudent. The attached map indicates the only areas where skateboarding will be prohibited by Town of Estes Park Ordinance. The restrictions are nearly identical to that on rollerblades. The map includes the Elkhorn Avenue and Moraine Avenue. The hash marked areas of the map are the municipal parking lots which are included as prohibited areas. Budget/Cost: No cost. Recommendation: As proposed by the Public Safety Committee, staff supports the amendment to Ordinance 9.18.020, "Restrictions on Skateboards", as submitted by Mr. White. V . 0 k~ :'Y C.1 6.2 (*30.93~ 1 1 1 1 1 1 0 .0 0 -....ti .....Â·:im: MmicipB-1 iiii 0. " Unti:./: ...... O 0 Fbrkinj ( 0 :./-0 0 ~ Lots Utz:[~0 I . AD VO Vt Â· 00 0 ... 0 O 71 1 .:iii~: i ~~ , 53 060- 9.9 91 2 900 0 00 O E % *e 4 3 3Â« Â· f 1 ( f D [b 'tio b 0 4 Â©10=230 a C;==} Le:::::.:Il:::.::lili - - piEEEFEE:EZEEE-ii Moralke Ave. nnÂ· i . U V 3-*13:.2044'&-04 -t :.. n Pg .- O ~00 - - . 0. 10 --BE~ uob I rÂ»1Â« <,5 - \ ./ :0 1 11 IMor 451/t.r uy ..,,.. Â·Â·Â·Â·Â· 0 6 L..1 J L._3 14 ......... r, /reiD Cub r / 4/ ..... ........... P ~ ............ -.1- 13Â· * .......... 0 00 0 0. Â»Â«.34 - LT:35p 4 o 5 46. Elkhorn \ Ave. 9 -11Â¢4 1099 1.0 ...:::: >N ... 28 4 ./ I :Ilit/#:::::I.::...... ....... ... Â· O . I L ORDINANCE NO. 6-00 ORDINANCE AMENDING CHAPTER 9.18.020 OF THE MUNICIPAL CODE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Section 9.18.020 and of the Municipal Code of the Town of Estes Park is amended as follows: 9.18.020 Restrictions on skateboards. It is unlawful for any person to operate skateboards on the following public streets, parking lots, sidewalks and plazas: (1) Elkhorn Avenue from 300 East Elkhorn Avenue to and including 200 West Elkhorn Avenue; (2) 100 Moraine Avenue to its intersection with Elkhorn Avenue; (3) Riverside Plaza; (4) The transportation center; (5) All municipal parking lots; and (6) All public sidewalks appurtenant to the public areas listed in (1) through (5) above. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF ,2000. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk 0 1- .,A u I Â£- 2 U.Lu too Â£24;6/kn 14//M- *et â€¢ /1*Aw. *ty Aot Â¥40,44 Pr :o. AFT 163 ANNEXATION AGREEMENT This Agreement is made and entered into this day of , 2000, by and between James Tawney, SST Bear Lake LLC. andjoan VanHorn, hereinafter referred to as "OwnetR'; Mo d the Town of Estes Pailr, a Municipal Corpofation in the State of Colorado, hereinafter referred to as "tbe Town". WITNESSETH: WHEREAS, the Ownes demite to annex to the Town the property Inore paniculady described on Exhibit A, the gnnexation map, which is attached hereto and inceporated herein by this reference ("the Property"); ind WHEREAS, Owners have executed a petilion to annex the Property; and WHEREAS, it is the mutual benefit of the parties heteto to enter into this Annexation Agreement C'this Agreement ); and WHEREAS, Owners acknowledge that upon annexation, the Propetty will be subject to all ordinances, resolutions and otha regulations of the Town, as they inay be amended from time to time; and WHEREAS, Owners acknowledge the need for conveywnce and dedication of cert.in property, including but not litnited to, property for right-of-ways, easements, and future fight-of- ways to the Town as contemplated in this Agreement, Ce directly *clited to and generated by development intended to occur within the Property and that no taIEng thereby will occuf tequiring any compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS HEREINAFTER SET FORTH, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: 1- Owners agme to pfovide it the request of the Town, any and all surveys, petitions, plats and othef dc>curnents necessary to effect the annexation of the Property and the other provisions of this Agreeinent. Ownets shall not sign any petition for an annexalion election relating to the Propeity. 2. The Town agrees to provide newspaper publication and reports determined by the Town to be necessary to accomplish the annexation- The parties understand that the Town shall piepare the annexation jmpact report. 3. The Town shall bold a public heating on the annexation of the Property as provided in Article 12 of Title 31, C.R.S. 4. The parties recognize that it is the intent and desjie of Owners to develop the Property. The OWDefs will tequest minor adjustments in the zoning boundaties to coincide with property lines. The Owners intend to subdivide the Property in tbe configuration set forth on Exhibit B, the pirehininazy plat, attached hereto and incorponted herein by reference. The approval by the Town of a fioal plat in substantially the form of Exhibit B is a condition of this Agreement. Further Subdivision and Development plans will be submitted by individual owners separately at a lAter date. 5. The parties understand that if duting the statutory vesting peliod of the &121 plat of the Property, any act by the Town, includiÂ»g but not limited to, a citizen-initiated ordinance, is adopted which reduces the uses pemnitted; denies the uses permitted; or substantially delays the building of jmprovements on the Propeity; said act shall be considered a default of this Agmement In the event of such a defiult, the Owners may take and the Town will not oppose any action that js necessaty to effect disconnection of the Propefty from the Town, Nothing in this Agteement shall ptectude the applicadon of other Town ordinanceE, resolutions, and regulations pertlining to tb= development and use of the Property, or from requiting approval of a inoie specific development plan for tbe Property. Owners may but *re not required to develop the Properg in accordance with Owners' schedule as such schedule may exist from time to time. 6. The parties shall take allaction necessaty to adjust the zoning boundaties as set forth in Exhibit B following annexation within the time prescribed by state statute. Changes of zoning 2 . use ate not anticipated at this time. Any future zoning changes ate mubject to the Town's then cutrent zoning change procedure. 7. Owners agice to dedicate, by appropriate instrument of dedication acceptable to the Town, easements and zights-of-way for streets, access, and utilitica as required by Town ordinances, reaolutions, and policies in effect at the time of the subdivision of the Propexty. The location, area, ind configuration of sucb dedications shall be as approved by the Town cluring the subdivision of the Property following annexation, 8. Owners agree to make improvements as required by Town oidinances, resolutions, and policies including any requitement fot oversizing of utilities, guarantyjng construction of all required improvements, aod, if requested by the Town, dedicating to the Town any or all other required improvements. If any such imptovements benefit any other off-site property, the Town will require an agreement by the owneta of such property to reimburse the Ownets for the portion of the cost of such impiovernents attributable to such benefit The Owners agree to prepare a fair reitnburselnent policy that is subject to appioval by the Town. 'Ihe tettns and conditions of any icimbarsement agteement sh,11 be in the sole discretion of the Town. This requirement for reimburseinent agreement shill exist for a period of time not to exceed ten years from tile date of *Gs Agyeetrierit. 63 lukA Jt ~A . Nor t. 6 6: 1: 11 < tÂ¢M.-. 9. The Owners shall develop a pl:Vate cost sharing :agreement for improveincnts. The water, street and sewer systern fox this annexation are being developed in conjunction with the previous annexation and subdivision of Kiowa Ridge Addition. The Owners agree to :nake these improvements. The cost of these systems are bejng prorated to the OwneÂ£8 of the beneited propetties including Robert F. Keohler, owner of Kiowa Ridgc Addition. 10. Ownets understand and agree tbilt to obtain water service for the Property, the Owners will be required to provide certain improvements which shall include a water storage tank and water delivery system. The cost of said improvements shall be the responsibility ofthe Owners. The requirements for the water service system shall be approved by the Town. Prior to die applicadon for the first Cettificate of Occupancy on the Propcity including, but not limited to, those Certificate of Occupancies for construction on Int 3 (the Marfs Lake Lodge Property), tbe Owners shall /eceive design approval of the water tank and related apparatus froin the Town. Prior to issuance of the Erst Certificate of Occupancy, the twelve inch intin including three Ere hydrants 3 f \i f fk 0 + 1i1 e /1 y ~----~- t33-Â« ~ trfe n.tf SND replacing a portion of eldsâ‚¬ng Town 8 inch main and extending on the east side of Mary's Lake Lodge to Kiawa Dtive on the south, shall be installed by the Ownefs, inspected, and approved by the Town- Ptior to application for any other building permits on the Property, 41 other improvements in the watef system shall be installed, inspected and approved by the Town. 11. Exhibit B shows the street system known as Kiowa Dlive servicing the Property. Said street system shall be built upon the following schedule. Pdor to any new building pemnits 4r being applied for Lots 1,2, and 3 of Exhibit B, Kiowa Di*ve shall be constructed by the Owners 44 inspected and accepted by the Town from its sout}11~iili jntersection with Mary's I.ake Road to the southeast property line of Lot 4, and from the notthwesterly property line of Int 3 to its north~~e* intersection with Mary's Lake Road. Prior to any request for building permits on Lots 4 and 5, Kiowa Di~ shall be completed 461* vf L.,1 1 L 11..,neE:bwert pe*perty--litiâ‚¬:613),I=*med inspected ajod accepted by the Town- fcomtnicdwri-uriot 4-br-5-~ prec*.â‚¬GGERon on 1~t 1 through 3, th~Â»atize toldway loop *,114*Ii~be co~~ l~dlocepted pkipt toanalicationforÂ·b[iliding permits on Lots 4 abi.~ 12. The sewer system to seive the Property is subject to the approval of the Upper Thompson Sanitation Distdct. Prior to the request for any building permit on Lots 1, 2, and 3, the sewer main and 51 appurtenant manholes running from a point on Kiown Drive near the southeastcily intersection with Mary' 3 I.ake Road in a northwaterly direction generally parallel to Marfs lake Road and hence along a preferred route crossing Mary' s Lake Road and proceeding northeily genetally along the west line of the Pratt propefty to the existing main in Ampaho Meadows shall be completed ind accepted by the Upper Thompson Sanitation District. The Upper Thompson Sanitation Distfict mball approve any other alternative route to this sewet romin. The reingining sewer seivice to serve other portions of the Property shall be installed and accepted by Uppet Thompson Sanitation Disttict ptior to the request for any building permits on Lots 4 and 5. 13. There exists wetlands along the entice eastetly boundary of Lot 2 contiguous with Maris Lake Road. Said wetlands shall be placed in an outlot at the time of subdivision of the Property. Othet wetlands on the Property may be initigated pursuant to federal regulations L. 01 3 :- c 0 1 1 14. As pazt of the final plat of the Property, an access easement for bike and pedesttian path shall be dedicated within tbe thifty-foot wide general utility easement along the east hne of Lot 1 of the Property. 4 . 3 4 15. Owners agree that the Town miy enact by ordinance one or more impact fees for the putpose of Iniâ‚¬gating the impectÂ» to the Town caused by development of property within the Town. Such fee or fees as established by any such otdinance shall be applicable to the Property. 16. Nothing connined in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances, resolutions, or policies or as a waiver of the Town's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the Town and its inhabiunts; nor shall this Agreement prohibit the enactment or increase by the Town of any tax or fee as authorized by law. 17. In the event of a material breach of any provision of this Agreement, the non- bteaching party may ask a couit of competent jutisdiction to enter a writ of mandamus, temporaty ot permanent restraining orders, temporary or permanent injunctions, or orders of specific peifounance, to compel the breaching party to perform its duâ‚¬es under thig Agreement. 18. The pacties agree that they will cooperate with one gnothet io accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional docutnents as necessary to effectuate the same. 19. This Agreement and ull amendments shall be recorded with the Clerk and Recorder of Igritnet County, Colorado, and shall be a covenant running with the land, and shall be binding upon all persons ot entities ha~ing an interest jn the Propetty. 20. This Agfeement embodies the entite agreement 0Â£ the parties. 'Ihere are no ptomises, terms, conditions, of obligations other than those contained heret and this Agreement supersedes all previous communications, represenations, or agreements, eidier verbal or written, between the parties. This Agreement may be amended by the.Town and the Owners. Such amendments shall be ia wdting. 21. As used in this Agreement, the term "Owners" shall include any of the heits, personal xepresâ‚¬Iltative, transfeices, successois, ot assigns of the Ownets, and all such parties shall have the zight to enfoice this Agreement, and shall be subject to the terms of this Agreement, as if they were the oziginal patties thereto. 5 .. 22. As used in this Agreement, unless otherwise specitcally provided herein, any reference to any provision of ally Town ordinance, resolution, or policy is intended to refer to any subsequent amendments ot revicons to such ordinance, reeolution, or policy, and the parties agree that such atoeodments or revisions shall be binding upon Ownen, and the Propetty, subject to any applicable provisions for valid, pre-existing non-confouning uses. 23. The Owners acknowledge that the annexation and zoning of the Property are subject to the legislative discretion of the Board of Tfustees of the Town. No assurances of nonexation w zoning have been made of relied upon by the Owners. Ill the event that, in the exercise ofits legislative discretion, any action with respect to the Property herein conteinplated is not taken, then the sole and exclusive remedy for the breach hereof shall be the withdrawal of the petition for annexalion by the Owners, or disconnection from the Town in accordince with state law, as may be approptiate. 24. This Agreement shall be null and void if the Town fails to approve the gonexation of the Property. 25. In the event of disconnection of the Property of a pottion theteof froin the Town as a result of the default of the Town io the terins and conditions of this Agieement, the Town shall continue to provide municipal electtic service and water service to the Property if and to the extent said utility service was provided prior to disconneclion. Rates payable for said services following disconnection shall be out-of-town rates pursuant to the Town's utility rate structure. TOWN OF ESTES PARK By; Mayor John Baudek ATIEST By: Town CleÂ£k 6 . ACKNOWLEDGMENT STATE OF COLORADO ) ) SS. COUNTY OF LARIMER ) The above and foregoing was acknowledged before me this day of , 1999, by WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public James Tawncy STATE OF COLORADO ) COUNTY OF LARIMER ) The above and foregoing was acknowledged before me this day Of 1999, by WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 7 Joan Vanllom STATE OF COLORADO ) ) SS. COUNTY OF LARIMER ) The abovc and foregoing was acknowledged before me this day of , 1999, by WITNESS MY HAND AND OFEICIAL SEAL. My commission expires: SST Bear Lake LLC By: Frank Theis, President STATE OF COLORADO ) ) SS. COUNTY OF LARtMER ) The above and foregoing was acknowledged before me this day of 1999, by WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 8