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0 50 100 200 300 400 Feet The Knoll-Willows Maintained Trail Nature Preserve Unimproved Trail Please stay on the trails Trail Map KNOLL/WILLOWS MASTER PLAN

Knoll/Willows Citizen Advisory Council

Town of Estes Park Board of Trustees Adopted February 25, 2003

1 TABLE OF CONTENTS

Background 3 1.1 Land Assembly 3 1.2 Knoll -Willows Conservancy Report 4 1.3 EVLT Open Space Agreement 4 2. Master Planning Process 6 2.1 Appointment of Citizen’s Advisory Council 6 2.2 Council Meetings 6 2.3 Public Comment 6 3. Existing Conditions 7 3.1 Natural Resources 7 3.2 Visual Resources 8 3.3 Cultural Resources 8 4. Goals, Policies, and Objectives 8 4.1 Mission Statement 8 4.2 Goals 9 4.3 Policies and Objectives, Use Restrictions 10 5. Recommendations 11 5.1 Cultural Resources Management 11 5.2 Natural Resources Management 12 5.3 Parking Plan 13 5.4 Trails Plan 13 5.5 Final Adopted Trail Plan 15 5.6 Implementation 15 6. Appendix 16 6.1 Wetlands Report 16 6.2 Charrette Report 30 6.3 Accessibility Report 43 6.4 Historic Structures Assessment 46 6.5 Knoll Willow Conservancy Report 48 6.6 Open Space Agreement 68

2 1. Background

1 1 Land Assembly The Knoll/Willows properties consist of approximately 20 acres of contiguous natural open space located between the Highway 34 bypass, MacGregor Avenue, and the downtown, Seefig. 1. The land has been subdivided into several separate parcels and held in separate ownerships over the past seventy five years. This property includes a historic stone ruin of a house built in 1904 on a promontory overlooking downtown Estes Park (The Knoll). Also, a historically related log cabin built in 1908 is located on the lower western portion of the property facing Black Canyon Creek (The Willows).

• 1989: The Estes Park Urban Renewal Authority [EPURA] obtained an option on the Knoll property.

• 1990: EPURA purchased approximately four acres on the Knoll in March for $160,000 in order to have a hill top buffer zone.

• 1995: EPURA received a positive response from a public opinion survey entitled, “Should the Knoll be purchased for the community?”

• 1997: EPURA commenced purchase of the remaining balance of the Knoll under a 6 year lease-purchase agreement for the price of $975,000.

• 1997-2001: The Town of Estes Park entered into a “lease/option to purchase agreement” with the Estes Park Willows, Inc. for the “Birch” or “Willows” property consisting of approximately 4 acres along Black Canyon Creek. Subsequently the Town of Estes Park entered into a separate “land purchase agreement” with Mr. Fred Bikle for Lot 1 of Birch Re-subdivision in June, 1998. The last payment on the Willows property was recorded on July 1, 2001 by the Town.

• 2002: The Estes Valley Land Trust agrees to fund the final purchase payment for the Knoll parcel in the amount of $210,000 as part of an agreement to preserve the area as permanent open space.

3 fl1

Figure 1. — Location of Knoll/Willow Property

12 Knoll -Willows Conservancy Report In 2001 a group of concerned Estes Park citizens (Knoll-Willows Conservancy) organized with the goal of preserving the Knoll/Willows as open space. This effort was led by Bud Hampton, Ph.D. The group prepared the Knoll-Willows Conservancy Report which is included in its entirety in Appendix 6.5 of this Master Plan.

The Conservancy Report provided the essential scientific basis for the master planning work that has followed. The Citizen’s Advisory Council gratefully acknowledges the valuable professional contributions made by the various authors of this report including: Enda Mills Kiley; Barn Bemier, Rocky Mountain National Park Biological Science Technician (plants, ecology zones, habitat); Howard H. Lipke, (BS, Wildlife Management, University of Montana, retired Fish and Wildlife Service Refuge Manager); Scott Rashid, (licensed bird rehabilitator and bird habitat specialist); Bud Hampton, Ph.D. (geology and anthropology/archaeology); and attorneys at law, Glenn Mapes, Glenn Porzak, and John C. Mulvihill; and outside consultant specialist Rick Spowart, Ph.D., Division of Wildlife.

1.3 EVLT Open Space Agreement The Board of Trustees of the Town of Estes Park began formal consideration of a proposal to enter into an with the Estes Valley Land Trust (EVLT) in February of 2002. The following excerpt from the minutes of the Town Board meeting of February 12, 2002 outlined the basic elements of the agreement:

4 ESTES VALLEY LAND TRUST - LETTER AGREEMENT & OPEN SPACE AGREEMENT FOR THE KNOLL PROPERTIES (19.4 acres). Mayor Baudek noted that this item is a “discussion only item” this evening. If an agreement is reached, this item will be placed on the 2/26 Town Board meeting for action. Town Administrator Widmer briefed the Town Board on the background of these draft agreements, and encouraged the Board to revise said agreements as need be. The Open Space Agreement is intended to preserve and protect in perpetuity the Conservation Values of the site, and the following points were noted:

Letter ARreement: • EVLT agrees to pay the entire remaining balance due “Beefit” from EPURA out of EVLT’s private funds. • The Town will provide to EVLT an Open Space Agreement for property specified on Exhibit A. • EVLT will reimburse the Townfor the first $50,000 of the actual costs and expenses incurred by the Townfor and in connection with the construction of improvements (including fencing and signage) on the property contained in the Open Space Agreement.

Permitted and Prohibited uses of the Open Space Agreement were also reviewed. The Town would be required to develop a Master Plan for the property, and said Plan must include public comment/input. The Plan may be updated, following the established public process, and the Town is allowed to establish rules/regulations.

EVLT Director Jim White stated that the Knoll/Willows property is the most important open space remaining in the Town of Estes Park. EVLT will pay $210,000 (fixed price with Beefit), and the Land Trust is not dictating what may or may not occur on the site due to the Master Plan Process.

Audience comments in support of the proposal were heard from: Barbara Swartz, Vice President/League of Women Voters, Bud Hampton, Chairman/Knoll- Willows Conservancy (read a statement dated 2/12/02), Howard Lipke, Glen Mapes/Tahosa Homeowners Assn., and Jon VerSchuur/ARD.

Favorable Town Board comments were heard from Mayor Baudek and all Trustees, with Trustee Gillette advising that lie would be absent for the 2/26 Town Board meeting, thus he urged the Board to support this proposal. Mayor Baudek repeated that this item will return as a Action Item on February 26th•

The Town Board formally approved the with the EVLT at their next meeting, February 26, 2002. A copy of the agreement has been incorporated into this Master Plan as Appendix 6.6. The agreement provided for limited public access and use of the Knoll/Willows property consistent with the conservation of the land as open space. This agreement specifically provided for the preparation of a Master Plan for the property. The purpose of this public planning process is to formulate specific recommendations concerning public use of the area within the broader context of the.

5 2. Master Planning Process

2.1 Appointment of Citizen’s Advisory Council The Knoll Citizen’s Advisory Council was appointed by the Town Board to develop a Master Plan for the property that is consistent with the now in place. The role of the Citizen’s Advisory Council is to inform and guide the development of the Knoll Master Plan through the preliminary draft, public hearing(s), the final draft and the final adoption by the Town Board. The formationof a Citizen’sAdvisoryCounciltoprovideoversightfortheKnollmasterplanningprocess wasapprovedby theTownBoardApril9, 2002. The CouncilincludesCitizens at Large: Bud Hampton, Jacque Oldham, Tobi Hale, Joann Sapp; Town Staff: Bob Joseph (Chairman), Bill Linnane, Betty Kilsdonk; Downtown Business Representative: Kelly Brown; League of Women Voters Representative: Louise Lindsey; Town Trustee: Lon Jeffrey-Clark; and EPURA Executive Director Wil Smith.

2.2 Council Meetings The Citizen’s Advisory Council met on a regular monthly basis throughout 2002. These meetings included frequent visits to the site and discussions with consulting specialists. All meetings were open to the public, and the Council wishes to acknowledge the valuable participation of the following residents: Susan Quinnell, Dorothy Gibbs, Mary Bauer, Ron Wilcocks, Bob Jones, Enda Kiley, and all others who attended the meetings and contributed to the process. The major points of concern in the planning process were the focus of an all day design charrette held in September 2002. A summary of this discussion and resulting conclusions is provided in Appendix 6.2.

2.3 Public Comment

A formal public presentation of the draft Knoll/Willows Master Plan was made on January 8, 2003. This presentation was followed by an all day open house on January 9, 2003. These meetings were attended by approximately ninety citizens. The primary purpose of the meetings was to receive public comment on the draft proposal. The comments received at the evening meeting indicated strong support for the Master Plan recommendations. The comments received at the open house reflected general support mixed with concerns about too much public access leading to degradation of the site. The following list is a representative sample of written comments that were received:

• Keeppeople on the walkways. • Protect the vegetation. • No horses, dogs or wheeled vehicles. • Southwest entrance is not lzecessary. • Low or no parking. Low impact. • Keep the Knollperfectly natural, the less change the better. • Great idea, hope it happens, satisfied with the plan. • Area should be absolutely off limits during calving season. • Committeedid a great job. • No concrete for the trail surfaces. A relatively hard material which compliments the environment and still makes the trails accessible.

6 • ½ mile of trails is too much if the intent is to preserve the area. Keep trails and bridges to a minimum. No trails or bridges through the wetlands. • Suggest using utility billing to ask the people for their opinions on the plan. • Fewer trails. Northwest trail not needed but if constructed it does not need to be accessible. • Asfew signs as possible. • Use the old road instead of creating a new trail. • No promotion or advertising to visit the Knoll. • Compromise and only have the Southwest trail and the MacGregor walkway. No parking. • Anyplan should have a vote by the residences. Not a vote by the Trustees only. • Concerns for the animals in and around the Knoll, especially the elk. • No Southwest trail to the Birch Cabin until there is guaranteed firnding for restoration/interpretation for it as a museum site. • Infavor of the trail to the ruins. • A sidewalk/trial around the Northwest corner from the parking lot to MacGregor Avenue for people to view the elk.

Significantly, there were no new concerns raised at these meetings that had not been identified and addressed in the draft. It should be emphasized that concerns about degradation of the site that could result from over-use by the public has been the central focus of this planning effort.

3. Existing Conditions

3.1 Natural Resources The following summary is an excerpt from the Knoll-Willows Conservancy Report. The Conservancy Report has been included in its entirety in Appendix 6.5 of this Master Plan document. The reader is directed to the Conservancy Report which contains a thorough and detailed description of the soils and geology, the various plant eco-systems of the Knoll/Willows, and their associated animal and bird habitats.

Combined as a single geographic entity, The Knoll- Willows Property boasts the presence of a multi-faceted natural environment that contains 1) Three adjoining ecosystems: a) Remnant Open Ponderosa Pine Ecosystem b) Montane Riparian Ecosystem with wetland and willows c) Dry Grassland Ecosystem 2) An aquatic ecology zone (Black Canyon Creek) 3) Jagged rock cliffs and rocky vegetated slopes that bound parts of the properties, and scattered rock outcrops and erratics across its upper meadow 4) Beautiful mature and young ponderosa pine trees and shrubs that grace both lower slopes and crestal areas 5) A grassland meadow with its various plants, including wildflower

7 3.2 Visual Resources Some of the most valued and remarkable features of the Knoll are the expansive vistas of the Estes Park with its high mountain backdrop that can be enjoyed at various locations on the site, most notably at the crest of the knoll near the ruins. The picturesque ruins are also a distinctive landmark as viewed from below in Bond Park and along Elkhom Avenue.

A key objective in the preservation of the site is protection of its natural appearance. Because the site occupies a central position in the Park, any negative visual impacts are highly visible. View-sheds into and out of the site are important. All trails and other site improvements should be planned to be as inconspicuous as possible. The trail to the Ruins provides a way to see the magnificent vistas as well as the town and the ponderosa pine and grassland ecosystems.

3.3 Cultural Resources There is tremendous potential in the Birch log cabin and nearby stone bungalow ruins. See figure 2. Al Birch built both structures. Birch came to in 1903 as a reporter for the Denver Post and soon after began spending summers in Estes Park. He built the stone bungalow in 1907; it was destroyed by fire on December 21 that year. Two weeks later he began construction on the log cabin. His family summered there even after his death in 1972. The cabin remains in near original condition. The structure is in the rustic style commonly used in the regional mountain resort architecture of the 1910s and 1920s. The only plumbing is the kitchen sink drain. There is minimal electrical service. Above-average workmanship is indicated by tight-fitting wooden panels covering the windows, wide eaves and tight-fitting joinery. The stone bungalow ruins still frame the magnificent mountain views that Al Birch enjoyed for a short time prior to the fire. The possibility of providing safe public access to the interior of the ruins at the original floor level should be explored. This would allow visitors to once again experience the views that were Birch’s inspiration in the original design of the bungalow. Both of the structures should be used with respect for educational purposes, not commercialized or exploited.

4. Goals, Policies, and Objectives

4.1 Mission Statement Mission Statement: Toprotect the natural character of the landscape for flaure generations; and to provide for limited public access and enjoyment of the area in a manner consistent with the permanent preservation of the natural and cultural resources of the site.

8 4.2 Goals Goals: • Preserve, intact and undisturbed, the stream, landforms, native vegetation, and associated wildlife habitats. • Interpret the natural and cultural components of the site within the larger context of the Estes Park. • Provide a setting for quiet public enjoyment of the site. • Provide for appropriate educational opportunities relating directly to the natural and cultural resources of the site. • Preserve and maintain the historic cabin and ruins. • Provide for limited public access to the cabin and the ruins. • Design and site any new construction to minimize impacts to the natural character and integrity of the site. • Identify, protect, restore, and enhance the natural wildlife habitats. • Accommodate safe wildlife viewing. • Manage on-site and off-site water resources to protect ground and surface water resources and natural wetland / riparian values. • Establish trails that present the spectacular vistas of the Knoll.

9 4.3 Policies and Objectives, Use Restrictions Policies: • Passive use only, no active recreation inside site. • Public conveniences and improvements shall be minimized. • No new permanent toilets. Toilets are available in the municipal building. Except that a toilet may be incorporated into the cabin. • No lighting: The site will be designed for daylight use only. Cabin security may require minimal lighting at the discretion of the Estes Park Area Historical Museum. No other lighting. • No trash receptacles inside site. Trash receptacles and postings to “pack trash out” to be located at trail heads and north parking area. • Signage should be minimized. • Seasonal maintenance of the trails to maintain a smooth, firm, well drained surface may be required, but winter snow removal is not expected or planned for.

Objectives: • Careful site planning should be followed to locate trails, benches and all other site improvements as unobtrusively as possible. • All constructed improvements should be designed to be complimentary with, and visually subordinate to, the natural setting. • Interpretive signs: small interpretive signs may be used to introduce the site and interpret natural areas. Also signs may be used as required to inform, and manage users of the site. • Provide for safe public access to the ruins and to view points at the crest of the knoll. • Provide a reasonable level of accommodation for trail users with disabilities including designated parking at the north parking area. • Provide fully accessible routes to both the cabin and the ruins. • Maximize accessibility of route from cabin to north parking area, while maintaining direct alignment.

Use Restrictions: • No picnic tables or shelters. • No horses inside site. • No pets inside site, except for disabled assistance. • No bicycles, skate boards other wheeled recreation inside site. • No motorized vehicles inside the site, except as required for seasonal maintenance.

10 5. Recommendations

5.1 Cultural Resources Management Cultural Resources: • Some interpretation should be provided at the two structures: the Birch cabin and the Ruins. • At the north entrance: a Stanley tourist interpretation sign, recognizing tourism as a cultural value, with a discussion of the grassland and a map of trails on the property. • At the cabin: interpret the summer resident / weekend tourist. Access to the cabin itself will be controlled by the Estes Park Area Historical Museum. Programs at cabin will be prescheduled and supervised. • At the Ruins; topics of interpretation can include: views, town development and local land stewardship. There are key viewpoints within the Ruins. Further study is needed to determine whether access on the Ruins is possible. • The southwest corner can serve as a general interpretation area directing people to the MacGregor viewing platform and to the bridge to the cabin trail. • Further analysis is needed to determine how public could safely see the original window views from the Ruins.

Potential Cabin Uses: • Interpretive Programs - Topics: wetlands, wildlife, history of the property, ecology of the Knoll. - Types: form partnerships with others for Elderhostels, National Park programs, adult history camps. Hold sessions at library, municipal building, and house people at Stanley Hotel • Interior displays and exterior signage: photo displays showing what the town looked like when the Birches where there, interpretive plaque on outside of cabin. There is an opportunity to obtain original furniture and materials. • Off-site materials: brochure listing TOEP historic properties (Museum, Hydroplant, Knoll), website pages

Challenges: • Security/vandalism • Traffic control • Safety, especially at the ruins • Accessibility • Historic preservation of site • Ongoing maintenance • Restroom facilities • Santa display

Note: The Council recommends elimination of use of this site for Christmas displays.

11 Consultants should be hired to provide complete and detailed recommendations for preservation of the cabins and ruins. This work should also include recommendations for ongoing interpretation and education.

5.2 Natural Resources Management Natural Resources: Wetlands / riparian area • Black Canyon Creek is a critical feature of the natural habitat. Impacts to upstream watershed could affect stream flows, and therefore should be monitored. • Existing wildlife travel routes need to be identified and protected. Black Canyon Creek serves as an elk calving area. Feasibility of an underpass (under Hwy 34) for wildlife on the northwest portion of the property should be studied. • Wetlands / riparian stewardship and education are important. There may be a need for natural barriers to spread water. The source of water is the MacGregor Ranch and Rocky Mountain National Park. • MacGregor Ranch is a key partner in watershed protection. • The best way to provide for non-intrusive wildlife viewing along Black Canyon Creek is to provide a viewing platform next to MacGregor Avenue. This provides a way to stop and look without crossing the riparian area from the west. • Utility easements are necessary. Need to be sure there is landscape restoration for any disturbances. Need to develop “best practices” procedures and specifications for revegetation of underground utility installations. • Black Canyon Creek will be protected and enhanced by removing exotic plant species and restoring native riparian vegetation. • There may be a use for a self-guided nature booklet.

There is evidence of a significant, recent decline of willows, birch and alder under-growth along Black Canyon Creek. Further investigation should be conducted to identify the reasons for this decline, and identify strategies to restore a native habitat that would support a wider variety of wildlife. It is apparent that rest from browsing by native ungulates will aid in recovery. Eight foot fencing is required to keep elk out of the riparian area. A three years rest from elk would allow for significant willow and alder recovery. Other management recommendations include clean up of the stream by removing trash and old bridge abutment structures, and control of public access by building trail system, (ask that people remain on trials).

Scenic Resources and View Sheds Viewsheds into and out of the site are important. All trails should be planned to be as inconspicuous as possible. The trail from the north to the Ruins provides a way to see the vistas as well as the town and the ponderosa pine and grassland ecosystems. A wildlife viewing platform will be built along MacGregor Avenue for those not entering the site

12 5.3 Parking Plan Parking: • Create a low impact, crushed asphalt surface, parking lot at the north entrance with a maximum of 8 parking places. • The parking area should be designed with physical barriers to prevent over flow parking beyond the defined perimeter. • Provide adequate parking for the disabled at this north lot location. • People entering the site from downtown can park in the lot by the Municipal Building. • Bikes can be parked at the north lot and at the municipal lot. r - .. __.-—- - • I - - —- .4 V

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- • - Figure 3. — Parking Configuration This parking recommendation is made with full recognition that the demand for parking in this location may eventually exceed eight spaces. The intent is to avoid the site impact of a larger lot and also to avoid the over-use of the site that could follow. See figure 3.

5.4 Trails Plan Trails: The location of trails has been carefully planned to accomplish the following goals: • Provide for appropriate educational opportunities relating directly to the natural and cultural resources of the site. • Provide for limited public access to the Cabin and the Ruins. • Accommodate the needs of disabled visitors.

13 • Accommodate safe wildlife viewing. • Establish trails that present the spectacular vistas of the Knoll. • Design and site any new construction to minimize impacts to the natural character and integrity of the site. Trail use is intended for pedestrian use only. This use is primarily for passive recreation and education. A few carefully sited benches are planned, but no other structural amenities, such as shelters, will be provided. No horses are allowed inside site. No pets are allowed inside site, except for disabled assistance. Also, no bicycles, skate boards other wheeled recreation are allowed inside site. The trails are planned to control access, prevent shortcuts and provide easy access to the cabin and the ruins. A more difficult connector trail, between the Cabin and the Ruins, that provides a more direct link for able bodied trail users is also planned. Careful monitoring of elk use of the site during both the calving and the rut season should provide the basis for seasonal management decisions to minimize elk I visitor conflicts. Management tools that will be used for this purpose include seasonal placement of warning signs, barriers, and selective seasonal trail closure. Maintenance: • No regular internal snow clearance, (except maintenance access for Ruins trail as a possible exception). • No interior auto access. • No internal garbage collection is planned. • Move Santa display to reduce existing road use. Trail Character: Surface of the connector trail is not determined, but as a more difficult trail it would be narrower. Surface of full access trails should be firm, level, and wide enough to enable those using wheelchairs to turn around. These trails should be 4-6 feet wide with turnouts (minimum of 60 inches or 5 ft. in circumference). Determination of construction materials and details shall be made as a part of the final construction design process. Fully accessible trail surfaces shall be smooth, firm and stable, and naturalistic in color and texture.

The trail recommendations made in this Master Plan are based in part on careful consideration of the following concerns: • Over use of the area may occur, especially damage to native ground cover that might result from off trail foot traffic. This should be monitored regularly. • Visual impacts of the trails and of people using the trails. • Potential damage to Historic/Archeological features of the site • Construction site disturbance • A pedestrian / bike trail connection should be made along the Hwy 34 bypass in the near future; this connection should be located within the existing ROW. • Shortcutting. • Conflicts with elk movement to and from the northwest corner of the site. • Elk calving season trail hazards and conflicts. • Avoid introduction of invasive plants in areas disturbed by over use or construction activities.

14 Figure 4. — Proposed Trail System 5.5 Final Adopted Trail Plan The underlying assumption supporting this plan for public access is that it is not realistic to prohibit public use altogether, due to the location of the property. However, it is possible to manage public use with a carefully planned system of trails that provide access to the major attractions and destinations located on the property. Passive public enjoyment of the site’s natural beauty, and related educational and interpretive opportunities should be given a high priority along with preservation of the site. These two goals go hand in hand. See figure 4. 5.6 Implementation The implementation of the Master Plan recommendations is subject to Town Board adoption and approval, and funding for final design and construction. The recommendations for trail placement are subject to minor adjustment and revision during the final design, consistent with the intent of the Master Plan. Development of the final design will be open to public review and comment. This Master Plan recommendation is the product of an open public planning process that has been undertaken in fulfillment of a condition of the. This agreement, in part, required an open planning process with public comment and input. Future revisions and amendments to this Master Plan document shall also be subject to an open process that includes meaningful public comment and input. Ultimate authority to adopt this Master Plan and to adopt future revisions rests with the Town Board of Trustees. It is the intent of this plan to perform the final design and construction of the public improvements with a high degree of care for protection of the natural environment. Consultants should be hired to provide complete and detailed recommendations for preservation of the cabins and ruins. This work should also include recommendations for ongoing interpretation and education, and safe management of pubic access.

15 C 0CU IICU

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6.1

6. Appendix

Wetlands

Site Knoll-Willows

Report

Estes

Assessment

Western

[email protected]

Park,

with

US

Riparian

October

By

303-541-0364

Boulder,

Vegetation

Management

Gwen

Colorado

Ecologist

4,

Pmperty,

Kittel

CO

2002

Specialist

Recommendations

and 16 Table of Contents

I. Natural Communities .18

A. Wetland / Riparian Communities 18

B. Upland Communities 21

II. Public Access 23

Appendix 1. Community Characterization Abstract 25

Regional Distributiow 25 Distribution in Colorado 25 Distribution by Watersheds 26

Status 26

Habitat 26

Management 27

Vegetation 28

References 29

17 Site Assessment 7/1/02

I. Natural Communities

A. Wetland/ Riparian Communities • Salix monticola/Mesic graminoids • Glyceria elata Saturated Herbaceous Vegetation

Riparian Area Assessment The riparian area on the Knoll-Willow property is dominated by one plant association: the Rocky Mountain willow/moist grasses and grass-like plants (Salix monticola/Mesic graminoid) association. The Colorado Natural Heritage Program and the National Vegetation Classification maintained by NatureServe give this element of biodiversity status global rank of G3. G3 means that there are between 21 and 100 places where this plant association occurs. It is known only from Colorado. The name tells us that the tall willow, Salix monticola, (Rocky Mountain or Yellow willow) is the dominant overstory shrub and that many grass and grass-like plants (mainly sedges and rushes) dominated the herbaceous undergrowth. In addition, along the stream are small patches of Glyceria elata (mannagrass), and indicator of fairly consistent water level in the stream.

Figure 1. Rocky Mountain willow/moist grasses and grass-like plants (Salix monticola / mesic graminoid) Community, with mannagrass (Glyceria elata) in the foreground in the creek channel.

18 Figure 2. Riparian herbaceous vegetation has high biomass and is maintaining the stream channel bank. Channel stability appears high.

Current Condition Many willows and alder shrubs are damaged by excessive browsing by elk. Beaver have killed the few standing aspen trees. The herbaceous undergrowth has a variety of non-native species, but no noxious or invasive species were observed. The stream itself has some trash and garbage directly in the stream channel. A city sewer line runs underground and under the stream bed, running North to South along the western edge of the riparian area.

Figure 3. Many dead willow and alder branches.

19 Figure 4. City sewer line runs parallel and under the creek.

Figure 5. Willows exhibit considerable browse mortality. Access point to old bridge (out of site to the left) in the foreground.

20 Figure 6. Old Bridge crossing point.

Current riparian herbaceous vegetation growth is high. Elk are not utilizing the thick herbaceous growth, but appear to rely on the shrubs for browse, shade and cover.

Management Recommendations

1. Rest from browsing by native ungulates. Eight foot fencing is required to keep elk out of the riparian area. A three years rest from elk would allow for significant willow and alder recovery. 2. Clean up stream by removing trash and old bridge abutment structures. 3. Control public access by building trail system, ask that people remain on trials and keep pets on leashes at all times.

B. Upland Communities • Pinus ponderosa Woodland • Bouteloua gracilis Short-grass Prairie Grassland • Cercocarpos montanus Shrubland

21 ______

• - —

-. .:-• ‘.f’.: : : ,. : , .1 • 4 .-.—: l• - - - Figurc 7. Short—grass Prairie grassland (BciuW1ui grucilix) in foreground, Mountain-mahogany (Cercocarpus montanus) shrubland mid-ground. Two-track can be used as location for wheel-chair accessible trail from the north access point.

“-. Figure 8. Ponderosa pine woodland.

22 Figure 9. Example of the near-weed free condition of the uplands.

Current Condition of Uplands The native grassland and shrubland are remarkable weed-free. The main threat with increased public access will be an increase in weeds along trails. Suggested placement of trails on existing impacted areas will minimize the area of disturbed ground and help maintain low weed presence. However, with increased public use, weeds will increase at the site. Diligent weed control and monitoring is recommended.

II. Public Access The site is surrounded by urban development, and has high potential visitation by tourists coming to Rocky Mountain National Park. This posses a great opportunity for public education and nature appreciation. Construction of trails and interpretative signs to control and direct public access is the highest and best use of this property. Four trails are proposed (Figure 10.): 1. A paved perimeter trail for access from the North and East and to connect internal trials. 2. Two wheel-chair accessible trails: one to access the old “ruin” and views from the top of the hill, one to access the riparian area and the more recent homestead and surrounding Ponderosa pine woodland. 3. A footpath through the Ponderosa pine woodland connecting the hill-top “ruin” with the recent homestead site. This section of the site has the steepest slopes and rock outcroppings. The feasibility of making this trail also wheel chair accessible needs to be studied. Trails are designed to access the riparian area, the highest point on the property for scenic views, the open grassland and shrubland communities on the eastern side, and the ponderosa pine woodland on the western side of the property. Wheel-chair accessible trails access all habitats and historic/cultural features on the property. Trail connections make several loop options available.

23 Knolls-WillowTrailSystem 9/23/02 Gwen Kittel

Figure 10. Preliminary recommendation for a trail system for Knolls-Willow Parcel, Estes Park.

24 Appendix 1. COMMUNITY CHARACTERIZATION ABSTRACT

Association: Salix monticola / Mesic Graminoids Shrubland

Common Name: Yellow Willow/Mesic Graminoid

Western Vegetation Classification: Level Category III. SHRUBLAND III.B. DECiDUOUS SHRUBLAND III.B.2. COLD-DECIDUOUS SHRUBLAND III.B.2.d. TEMPORARILY FLOODED COLD-DECIDUOUS SHRUBLANI)

Alliance: SALIX MONTICOLA TEMPORARILY FLOODED SHRUBLAND ALLIANCE

System: Palustrine

Global Rank: G3

Related Literature and Synonyms: One stand from a Salix ,nonticola-SalixplamfoliafMesic forb (yellow willow-planeleaf willow/Mesic forb) plant association (Kittel et al. 1995) is synonymous with the Colorado Salix monticolalMesic graminoid plant association.

Similar Communities: One closely related community is the Salix boothiifMesic graminoid (Booth willow/Mesic graminoid) community type (Padgett et at. 1989) which includes some stands that have Salix monticola. For other closely related communities with the graminoid species Ca/amagrostis canadensis (bluejoint reedgrass) in the undergrowth, see this section under the Salix monticola/Calamagrostis canadensis plant association Community Characterization Abstract.

Regional Distribution: This association occurs in Colorado (CNHP 1999).

Distribution in Colorado: This plant association occurs in the Gunnison and South Platte River Basins (Kittel et a!. 1995, Kittel et at. 1997) as well as the San Juan National Forest (Richard et al. 1996).

25 Distribution by Watersheds: The following information is based on a total of fourteen quantitative plots: one from the White River Basin (92NL10), three from the San Juan National Forest (93C351, 94DR16, 94DR32), one from the Gunnison River Basin (94MD16), four from the South Platte River Basin (96AM06, 96AM44, 96AM62, 96AM84), four from the Rio Grande and Closed Basins (97BG03, 97EV07, 97EV22, 97EV29), and one from the North Platte River Basin (98BG12) (CN}IP 1999).

STATUS

Reasons for Global Rank: This association is documented from six locations in Colorado, and an additional twenty to fifty stands are estimated to occur. Stands with a native herbaceous undergrowth intact are threatened by improper livestock grazing, inappropriate stream flow alterations, and heavy recreational use. It has not been documented from other western states.

Global Rank: Global rank is based on the range-wide status of a species. This association is ranked G3, very rare or local throughout its range or found locally in a restricted range (21 to 100 occurrences). Threatened throughout its range.

Reasons for State Rank: In Colorado, this association is documented at six locations, and an additional twenty to fifty stands are estimated to occur. Stands with a native herbaceous undergrowth intact are threatened by improper livestock grazing, inappropriate stream flow alterations, and heavy recreational use.

State Rank: State rank is based on the status of a species in an individual state. In Colorado, this association is ranked S3, rare in state (21 to 100 occurrences).

HABITAT

General Description and Comments: The Salix monticola/Mesic graminoid (yellow willow/Mesic graminoid) plant association is a tall (5-8 ft., 1.5-2.5 m), deciduous shrubland, with an open to closed canopy of willows on broad, gentle floodplains, or in narrow canyon bottoms. The herbaceous undergrowth is diverse, with a variety of graminoid (grass and grass-like) and forb species. This association is distinguished from the Salix monticola/Mesic forb association by having a higher cover of graminoid species. Stands with predominantly non-native graminoid species in the undergrowth are considered grazing induced. Stands with predominantly native graminoid species in the undergrowth are considered at potential.

Elevation Range in Colorado: 7800-10,200 ft. (2400-3 100 m).

26 Site Geomorphology: The Salix rnonticolafMesic graminoid (yellow willow/Mesic graminoid) plant association dominates stream reaches in narrow to wide Parks, 65-400 feet (20-120 m) wide, with active floodplains and broad, swift-moving streams. Stands usually occur> 2 feet (0.5 m) above the bankfull channel along the stream edge or away from the channel up to 50 feet (15 m). The ground surface is usually undulating due to past flooding or beaver activity. Streams were classified according to the Rosgen Classification of Natural Rivers (Rosgen 1996). Stream channels can be fairly steep and narrow with cobble beds (Rosgen’s Channel Type: A4, F4), moderately wide and sinuous with cobble beds (Rosgen’s Channel Type: B3) or broad, meandering rivers with a developed floodplain (Rosgen’s Channel Type: C4). Some stands also occur along channels that are braided due to beaver activity (Rosgen’s Channel Type: D6).

Soils: Soils are fine textured clay loams and sandy clay loams of varying depths, 4-18 inches (10-45 cm). Mottling and gleyed layers often occur within 5 inches (12 cm) of the ground surface.

MANAGEMENT

Management: Stands with an abundance on non-native and increaser herbaceous species in the undergrowth are likely grazing induced shifts from either the native graminoid component of the Salix monticola / Mesic graminoid plant association, or a shift from another Salix monticola dominated plant association. Improper livestock grazing can dry sites, increase non-native cover, and reduce the vigor of willow root structure. Rest periods from grazing are recommended in order to provide time for plant regrowth. Late summer and fall grazing is not recommended because willow species are vulnerable to pruning damage due to limited regrowth at the end of the growing season (Hansen et al. 1995, Kovalchik and Elmore 1992).

Disturbed stands or stands with a history of improper grazing may respond to rest and rotation periods. These stands may have potential for higher graminoid biomass including species such as Carex aquatilis (water sedge) and Calarnagrostis canadensis (bluejoint reedgrass).

Beaver activity in the vicinity of this plant association is important for maintaining the health of the nparian ecosystem. Beaver dams abate channel down cutting, bank erosion, and downstream movement of sediment. Beaver dams raise the water table across the floodplain and provide year-round saturated soils. Plant establishment and sediment build-up behind beaver dams raises the channel bed and creates a wetland environment. Land managers should consider maintaining beaver activity in an area versus their removal (Hansen et al. 1995).

Prescribed burning in this plant association is also an effective method of rejuvenating decadent stands of willows. The willow species in this plant association vigorously sprout following quick, hot fires. Slow burning fires can actually damage the plants (Hansen et al. 1995).

Salix monticola (yellow willow) is an effective stream bank stabilizer. It can probably be grown and transplanted from nursery cuttings in the same manner as Salix geyeriana. Cuttings should be taken in the spring from dormant, 2-4 year-old wood. Cuttings should be 12-20 inches (30-50

27 cm) long and at least 0.5 inches (1 cm) in diameter. Roots and shoots should appear 10-15 days after planting if conditions are right (Hansen et al. 1995).

Successional and Ecological Processes: The Salix monticola / Mesic graminoid (yellow willow/moist grasses and grass-like plants) plant association appears to be a stable, long-lived community. Stands with an abundance of Poa pratensis (Kentucky bluegrass) or Agrostis stolonifera (redtop) may be a grazing-induced disclimax. Stands with abundant Salix planifolia (planeleaf willow) may indicate a transition between higher elevational sites dominated by Salix planfolia and lower elevational sites where Salix monticola is more abundant.

VEGETATION

Vegetation: Salix monticola (yellow willow) forms a dense to open canopy with 15-80% cover. If it is not the clear dominant, then it is the matrix willow. The matrix species is the willow with the highest abundance, even though other willow species may have a higher combined canopy cover. Other shrubs that may be present at higher elevations include: Salixplanfolia (planeleaf willow) (10-40), Salix geyeriana (Geyer willow) (2-20%), Salix brachycarpa (barrenground willow) (1- 3%). At lower elevations, other shrubs that may be present include: Salix irrorata (bluestem willow) (45%), Salix lasiandra var. caudata (whiplash willow) (1-25%), Alnus incana (thinleaf alder) (4-19%), Pentaphylloides floribunda (shrubby cinquefoil) (3-21%).

Total graminoid cover ranges from 10-55% and exceeds that of total forbe cover. No single species is particularly dominant over the others, and no one species is present in every stand. Graminoid species that may be present include: Poa pratensis (Kentucky luegrass) (1-36%), Juncus balticus (Baltic sedge) (1-12%), Carex aquatilis (aquatic sedge) (1-14%), and Equisetum arvense (field scouring rush) (1-47%). Forb cover ranges from 5-20% generally is not as abundant as the total graminoid cover. Forb species that may be present include: Heracleum lanatum (cow parsnip) (1-9%), Fragaria virginiana (strawberry) (1-3%), and Achillea millefolium (yarrow) (1-8%). In stands with pronounced hummock micro-topography underneath the willow canopy, graminoids will typically dominate the low-lying swales, while forbs will dominate the better drained hummocks and ridge tops.

Adjacent Riparian Vegetation: This plant association is often the only riparian community along a stream reach. However, Populus angustifolia (narrowleaf cottonwood) woodlands and Pentaphylloidesfioribunda (shrubby cinquefoil) shrublands can occur on adjacent floodplains of wider Parks and Picea pungens (Colorado blue spruce) forests can occur along adjacent, steeper canyon reaches.

Adjacent Upland Vegetation: At lower elevations, Pinus ponderosa (ponderosa pine), Pinus contorta (lodgepole pine) and Populus treniuloides (aspen) forests or arid grasslands occur on adjacent hill slopes. At higher elevations, Abies lasiocarpa-Picea engelmannii (subalpine fir-Engelmann spruce) and Populus trernuloides (aspen) forests occur on adjacent hill slopes.

28 REFERENCES Brunsfield, S.J. and F.D. Johnson. 1985. Field Guide to the Willows of East-Central Idaho. Forest, Wildlife and Range Experiment Station Bulletin No. 39. University of Idaho, Moscow, ID. Colorado Natural Heritage Program (CNHP). 1999. Biological and Conservation Data (BCD) System. Data from field surveys. Colorado Natural Heritage Program, Colorado State University, Fort Collins, CO. Hansen, P.L., R.D. Pfister, K. Boggs, B.J. Cook, J. Joy, and D.K. Hinckley. 1995. Classification and Management of Montana’s Riparian and Wetland Sites. Montana Forest and Conservation Experiment Station Miscellaneous Publication No. 54. The University of Montana, Missoula, MT. 646 pp. + Posters Kittel, G.M, R.J. Rondeau, and S. Kettler. 1995. A classification of the riparian vegetation of the Gunnison River Basin, Colorado. Report by Colorado Natural Heritage Program, Fort Collins, CO to Colorado Department of Natural Resources and the EPA, Denver, CO. 114 pp. Kittel, G.M., E. VanWie and M. Damm. 1997. A classification of the riparian vegetation of the South Platte River Basin (and part of Republican River Basin), Colorado. Report by Colorado Natural Heritage Program, Fort Collins, CO to Colorado Department of Natural Resources and the Environmental Protection Agency, Region VIII. Denver, CO. Kovalchik, B.L. and W. Elmore. 1992. Effects of cattle grazing systems on willow-dominated plant associations in central Oregon. In W.P. Clary, E.D. McArthur, D. Bedunah, and C.L. Wambolt, compilers. Proceedings-Symposium on Ecology and Management of Ripanan Shrub Communities, May 29-31, 1991, Sun Park, ID. USDA Forest Service General Technical Report INT-289. Intermountain Forest & Range Experiment Station. Ogden, UT. Z32pp. Padgett, W.G., A.P. Youngblood, and A.H. Winward. 1989. Riparian community type classification of Utah and southeastern Idaho. USDA Forest Service, Intermountain Region, Report R4-ECOL-89-O1. Ogden, UT. 191 pp. Richard, C., G. Kittel, and S. Kettler. 1996. A classification of the riparian vegetation of the San Juan National Forest. Draft 1 report to be submitted to the San Juan National Forest. Colorado Natural Heritage Program, Colorado State University, Fort Collins, CO. Rosgen, D. 1996. Applied River Morphology. Wildland Hydrology, Pagosa Springs, CO. Written February 1998 By Kittel, G., E. VanWie, M. Dainm.

29 6.2 Charrette Report

CityVisions,Inc.

ESTES PARK KNOLL WILLOWS CHARRETTE REPORT

Preserving and Appreciating a Jewel in the Heart of Town

30 • Estes “Property conservation Estes plant “Conservation “The “Protect archaeological Pu1c Preserving of Park habitat Primary Town possesses Knoll —Knoll —Knoll and in the of perpetuity and and natural people its purpose Willows Values”) and Willows - other Willows wildlife Appreciating citizens, Open significant ecological of areas aesthetic of this Space the of Chane and Conservancy the the Conservancy great particular for State a people open ecologically Trust Jewel Agreement purposes.” scenic, and importance of space, Repoit is in Colorado.” ecological of the the Estes open document Larimer document Heart preservation scenic, valuable Park space, to the values, County wildlife historic Town site.” aesthetic and (the and of and 31 ______

Summary The Knoll Citizen’s Advisory Council met for a full day in September 2002 to participate in a charrette to reach consensus on how to access and interpret the Knoll — Willows Property in Estes Park. (“A charrette is a meeting to resolve a problem or issue. Often times, graphic representation is used to represent decisions.”) The following is a report on these decisions. GOALS At the outset, the Advisory Council discussed and agreed to two basic goals: • To maintain the open space that preserves the natural qualities of the landscape and provides for quiet enjoyment. • To interpret the natural and cultural components of the site within the larger context of Estes Park. OUTCOMES The Advisory Council entered the session with several issues the group hoped to decide on that day. • What are the points of access? • Where do trails go? Interior? External? • Where is parking? • What are the points of interpretation? • What is the material “character” of the site? (i.e., surfaces, signage, furnishing)

By the end of the day, these had all been addressed and each moved much closer to resolution. To make these decisions the group progressively added statements to a “consent agenda.” By mid-day the following were agreed upon:

• No active recreation inside site. • No new permanent toilets. Toilets are available in Other Concerns: town. - Ease & difficulty of access No lighting - Area is closed at night, lights are not (map it!) needed. Cabin security may require minimal - Viewsheds lighting at the discretion of the Estes Park Historic - Do not fence people out Museum. No other lighting. - Safety • No picnic areas. - Traffic • No horses inside site - Maintenance • No pets other than Seeing Eye dogs inside site. - Santa display should be • No bicycles (or recreational wheels) inside site moved to reduce use of the road. • No trash receptacles inside site. Have receptacles and postings to pack trash out. • Benches [inside site, screened from view]. Benches limited, non-invasive and discreet. • Daylight access only.

32 Other text for Mission: The difficult work of a charrette is in taking goals, objectives, and even verbal agreements and further refining - Passive enjoyment and crafting these into a graphic agreement, a - Town’s treasure orjewel figurative and literal map the spatial array desired outcomes. - Sanctuary of of To group - Perpetuity hammer out these “on the ground” specifics, the broke into three groups: Natural Heritage, Access, and - Educational area Interpretation. - Preserve and protect - Conservation The next section summarizes their individual discussions, - Values of the property and ideas brought forth to the group as a whole.

The Working Groups: Morning Sessions

The three working groups -- natural heritage, access, and interpretation — were each charged by the group as a whole to spend about two hours discussing, working through, and graphically representing what was important to address in their topic area. Additionally, they were asked to present back to the whole group, any recommendations they might wish to make. The following are the abridged descriptions, and notes from each of the three working groups.

NATURAL HERITAGE The Natural Heritage working group mapped zones, identified viewsheds and wildlife corridors and discussed stream flow. Several points:

• Black Canyon Creek is important. Need to recognize upstream occurrences. • Existing wildlife travel routes need to be considered. Serves as an elk calving area. May want to create an underpass for wildlife on the northwest portion of the property near culvert. Best to pursue other outside assistance in exploring a wildlife underpass. • Wetlands / riparian stewardship and education are important. There

may be a need for natural barriers e 1 - TheKnoll withLake Estes and peaks in background to spread water. The source of water is the MacGregor Ranch and Rocky Mountain National Park. Who has upstream water rights? There is also a condo pond where beavers reside. • May want to partner with McGregor Ranch as a conservation partner. • The creek is channelized with an outflow to Lake Estes. Leave as is and do not disturb. • The best way to protect Black Canyon Creek and the wildlife is to have a viewing platform from MacGregor Avenue. This provides a way to stop and look without crossing the riparian area from the west. By consensus the Council agreed that there is no western point of access into the property. A bridge can be placed to the south.

33 • Utility easements are necessary. Need to be sure there is landscape restoration for any disturbances. Need to develop procedures and specifications for “restoration” in right-of- way (ROW) work. • Viewsheds are important. Any trails are planned to be as inconspicuous as possible. The MacGregor Avenue viewing platform provides a way to see wildlife, the cabin and the Ruins from a distance. The trail from the north to the Ruins provides a way to see the vistas as well as the town and the ponderosa pine and grassland ecosystems. On the south and the east the cliff serves as a natural barrier. • Further analysis is needed to determine how public could safely see the original window views from the Ruins. • The southwest trail to the cabin is proposed to have a gradual elevation and be tucked into the trees. • The Ponderosa Pine and Dry Grassland eco systems are also important to understanding the variable conditions in the Estes Park.

ACCESS The Access working group discussed how the property should be entered, what trails there should be, parking, accessibility, and relationship to the existing trail system.

• It is intended for passive recreation and education. The trails that have been selected manage access, prevent shortcuts and provide easy access to the cabin and the Ruins. There is also a more difficult connector trail between the cabin and the Ruins. The southwest cabin trail would be closed during calving. • A southeast access and a perimeter trail were considered and presented to the entire group. In the afternoon, the group decided not to Figure 2 - On the Knoll, looking southeast. pursue these further. • Parking. Create a low impact parking lot at the north entrance with a maximum of 8 parking places. It was not decided how many of the parking places would be posted for HC only. Bikes can be parked at access points. • Maintenance. No internal snow clearance except maintenance access for Ruins trail as a possible exception. No auto access. Limit use of service road. No internal garbage collection. Move Santa display to reduce road use. • Trail Character. Surface of easy access trails should be colored concrete wide enough to enable those using wheelchairs to turn around. The easy trail should be 4-6 feet with turnouts (minimum of 60 inches or 5 feet). Surface of connector trail not determined. As a more difficult trail it would be narrower. Easy trail — Bridge / cabin trail closed during calving and possibly during rut season.

34 ______

INTERPRETATION The Interpretation work group addressed: What stories need to be told? How should it be presented?

• There should be minimal signage. Use it to introduce site and interpret natural areas. Kiosks or signage should provide interpretation at the MacGregor viewing platform, and at the north and south accesses. • Some interpretation should also be provided at the two structures: the Birch cabin and the Ruins. There may be a use for a self- guided nature booklet. • At the north entrance, a Stanley Tourist interpretation sign, Figure 3 Birch i..ins looking west recognizing tourism as a cultural value, a discussion of the grassland and a map of trails on the property. • At the cabin interpret the landowner! weekend tourist. Access to the cabin itself will be controlled by the Estes Park Area Historical Museum. Programs at cabin will be prescheduled and supervised at certain given times. • At the Ruins, topics of interpretation can include: views, town development and local land stewardship. There are key viewpoints within the Ruins. Further study is needed to determine whether access on the Ruins is possible. • The southwest corner can serve as a general interpretation area directing people to the MacGregor viewing platform and to the bridge to the cabin trail.

The interpretation group discussed the stories that can be told, from the micro level of Al Birch and the two buildings to the meaning of spiritual and physical renewal in the West and the importance of tourism in the development of Estes Park. Tourism has two important sides in Estes Park, that of the landowner summer resident and that of the tourists from farther away who stay in hotels. They felt that even the broadest stories could be simply told on several 16 x 11 signs, some at the entrances, one at the Birch cabin and perhaps one at the Ruins. The natural history of the site (wetlands, grasslands, crag and forest ecology) should be incorporated into the entrance signs. The story of the preservation of the site should be told at the entrance too.

Small signs pointing out individual trees or lichen spots were discussed and dismissed as more expensive and impermanent than a few larger signs at the entrance. Small signs tend to clutter the interior of the site as well.

They agreed that kiosks, defined as a small roofed shelter would not be required, the signs could stand on their own. There are many stories that this place can tell, and signage should be

35 minimized, therefore the interpretation committee suggested that a booklet be made available to flesh out the interpretation. The Santa sleigh should be moved.

Key Issues - Afternoon Discussion

Lunchtime and afternoon discussion began with presentations by the three working groups to the group as a whole. Key issues became: • Need for access to Knoll, Cabin, Ruins and views. • Trail locations. • Universal accessibility. • Connectivity to regional trail system.

Need for Internal Access Prior to the charrette, most Committee members were operating with the assumption that some public access beyond the perimeter, even if restricted, would be provided. However, the issue of internal access was raised in the afternoon session as a result of several public comments (written and e-mail) that called for completely limiting access. The Advisory Committee considered these concerns, but held that such extreme restrictions were not in keeping with the spirit of the governing Open Space Agreement, nor with the potential for education and aesthetic appreciation that the site possesses. However, this discussion did spur a further discussion on the role of experiencing the Knoll Willows property in the overall interpretation of both the site and its larger __i_ — Figure 4 - Potential creek crossing at TownHall parking lot context, the Estes Park. Ultimately, the group concluded that access to several key sites internal to the site were important to the visitor’s experience. These include: • The Birch Ruins and the vantage point it affords. • The Birch Cabin. • A “Down Park” view from a high on the Knoll.

However, the group also emphatically decided that fragile areas, such as the ripanan ecosystem should be protected from direct access. Hence, perimeter points of interpretive significance were designated:

• The view of the riparian area from a point on MacGregor Avenue. • Interpretive signage and “entry” at the Town Hall Trailhead (see Figure 5) and North Trailheads.

36 Trailhead The North Trailhead is intended to provide limited vehicular access to the Northwest and East Trails. It is anticipated that this 7570’ approx area accommodate no more than six to eight vehicles and elev that it be considered primarily a point of access to accommodate those with mobility related needs. While a trash receptacle, a bicycle rack, bench and signage are possible, no restroom facilities are to be provided.

Town Hall . . . The Town Hall Trailhead is intended to provide principal access for the Trailhead . . passive enjoyment of the Willow Knoll site. Connection to the Southwest 7520 approx. . . . . Trail provides direct access to the Birch Cabin, and ties into the other e1ev. trails. Trash collection, restroom availability, a bicycle rack, and parking rely on coordination with the on-going operations of the Town Hall. Willow Viewing The western edge of the site may be developed as a viewing area for the Area riparian area, and associated wildlife. The area should provide ample area 7540’ approx. to accommodate visitors, but also restrict their access to the fragile eco elev. system to the immediate east (the riparian area). This point may include interpretive signage, benches, and trash receptacles. Parking is located along MacGregor, and access may include an attached pedestrian-way to the Town Hall parking area.

The Birch . . . Cabin The Birch Cabin is both a significant visual landmark, and a key 7540’ approx interpretive site on the property. Access to the exterior of the cabin is elev provided for in this plan. This physical access can facilitate varying degrees of future use. The degree of access to the interior can be discussed in future refinements of the Willow Knoll management plan.

The Birch The Ruins of the original Birch Studio are the most prominent manmade Ruins feature on the site. This site is intrinsically interesting as a stabilized ruin, 7595’ approx. an important site for interpretation, and vantage point for views to the elev. south and west. Access to the site is recommended. Degree of penetration into the ruins area should be pursued in a follow-on study, i.e., Historical Structures Assessment. While benches may be provided, no trash receptacles are proposed. An emergency telephone may be installed. Down Park The view to Lake Estes and points east is significant. While excellent Viewpoint views are afforded from numerous points on the Knoll, a designated 7602 approx. viewing area (e.g., bench, widening in trail) is possible. No trash elev. receptacles will be provided.

Trail Locations In the course of the charrette the group interpreted their collectively agreed upon principles into recommendations for the treatment of access routes (trails). The discussion was at times intense and there were several passionate exchanges on the potential trade-offs between the educational value of interpretive access as opposed to ecosystem and aesthetic disruption. Ultimately, the

37 group struck a delicate balance in agreeing in principle to the trail system depicted in Figure 5. While the specific layout and path of each trail needs to be assessed in greater depth in a subsequent design phase, this map reflects both the sentiment of the group, and the reality of topographic constraints. In addition to what is shown on the map, it is important to note what is absent. The group decided to not include a trail to the Ruins from the southeast corner of the property. The rationale for this decision is noted in the section below on regional connectivity.

- --‘q 7___ -

Figure 5 - Key map of Sites, Access Points, and Trails

38 The following table is intended to provide further planning guidance in the refinement of the Advisory Council recommended designation of trails. The specific placement and engineered design of trails may necessitate adjustment to the exact locations shown here. The length and elevation changes noted are included for planning purposes only, and terrain specifics may alter these. 7570’ to 7540’, 30’ net elev. loss, North Trailhead to Birch Cabin. Northwest - This trail is planned to be universally accessible. Trail Approximately 830’ in length. 1:26 avg. slope, or 3.7% grade. 7520’ to 7540’, 20’ net elevation gain, Town Hall Trailhead to Birch Cabin. Southwest . . - This trail is planned to be universally accessible. Trai•l Approximately 580’ in length. 1:29 avg. slope, or 3.5% grade. 7570’ to 7602’, 32’ net elevation gain, North Trailhead to Down Park Viewpoint. [Please note that although the group had decided to abandon/restore the existing access road infavor of a more westerly route for environmental East Trail reasons, this premise has not beenproven. City Visionsrecommends that ‘north’ ‘ the path of the access road not yet be ruled out.]

- This trail is planned to be universally accessible. Approximately 1000’ in length. 1:31 avg. slope, or 3.2% grade. 7602’ to 7595’, 7’ net elevation loss, Down Park Viewpoint to Birch . Ruins. East Trail . . . - This trail is planned to universally accessible. sou( be Approximately 320’ in length. 1:46 avg. slope, or 2.2% grade. 7540’ to 7595’, 55’ net elevation gain, Birch Cabin to Birch Ruins. - This trail is NOT planned to be universally accessible, as the features it Connector connects (the Birch House and Birch Ruins) are both accessible by other Trail interconnected trails (East Trail and Northwest Trail). Approximately 370’ in length. 1:7 avg. slope, or 15% grade. 7525’ to 7540’, 15’ net elevation gain, Town Hall parking to Willow Viewing Area. MacGregor - This trail is planned to be universally accessible. Walk Approximately 400’ in length. 1:27 avg. slope, or 3.8% grade.

39 Universal Accessibility The Advisory Committee expressed its commitment to providing equivalent access to the significant features of the Knoll Willows site. Throughout their discussions they also strove to make sure that this commitment does not detract from the natural and rustic experience of the site. Specifically, issues of surfacing and slope dominated the discussion. • The issue of surfacing relates to three concerns, each of which may be considered as a performance criterion:

Firmness, stability and ease of use. [This criterion is keeping with current developments in Suitability for wheelchair use the drafting of Section 16 of the Americans with Disabilities Act Accessibility Guidelines (ADAAG)]

,, Fits in with the natural, “not hard” character of Natural appearance the site.

. Does not require an extraordinary on-going Maintenance maintenance or repair effort.

Although the Advisory Council did not designate a material, they did rule out wooden platforms and “gray concrete.” They advise that additional research be conducted to find the best fit. City Visions suggests that the Council and the Town of Estes Park further investigate several sources of information. Recent technological developments in the binding of aggregates, i.e., “crushed rock,” have seemingly made this material one that meets all three criteria. The National Center on Accessibility at Indiana University, together with the , is conducting a study to compare the effectiveness of surface treatments for creating a trail accessible to people with mobility impairments. Specifically, this study is examining the longitudinal effects of surface treatments on surface firmness and stability, the costs of applying the treatments, and their relative maintenance demands. Conclusions based on two years of weathering are encouraging, in that at least some stabilizers are performing very well. A synopsis of the study is available at http://www.ncaonline.org/trails/surstudy.htm. A companion document to the research study is an annotated guide to commercial stabilizers and binders http://www.ncaonline.org/trails/surfman.htm. Issues of slope are important to consider in the design of trails. Currently the officially adopted ADA Accessibility Guidelines (ADAAG) limit slope to 1:20 (5%) throughout without handrails; or, 1:12 (8%) with rails and resting points. The Architectural and Transportation Barriers Compliance Board (Access Board) has recognized that this limitation is often impractical for outdoor recreational trails. Hence, the Regulatory Negotiation Committee on Accessibility Guidelines for Outdoor Developed Areas was established in June 1997. The work of the Committee has not yet been incorporated into federal law, but their working report, Regulatory Negotiation Committee on Accessibility Guidelines for Outdoor Developed Areas Final Report, is a good starting point on current “best practices.”

40 Of particular interest are the provisions of proposed Section 16.2.7.2: 16.2.7.2 Running slope. Running slope of trail segments shall comply with one or more of the provisions of this section. No more than 30 percent of the total trail length shall exceed a running slope of 1:12. 16.2.7.2.1 Running slope shall be 1:20 or less for any distance. 16.2.7.2.2 Running slope shall be 1:12 maximum for 200 feet (61 m) maximum. Resting intervals complying with 16.2.8 shall be provided at distances no greater than 200 feet (61 m) apart. 16.2.7.2.3 Running slope shall be 1:10 maximum for 30 feet (9150 mm) maximum. Resting intervals complying with 16.2.8 shall be provided at distances no greater than 30 feet (9150 mm) apart. 16.2.7.2.4 Running slope shall be 1:8 maximum for 10 feet (3050 mm) maximum. Resting intervals complying with 16.2.8 shall be provided at distances no greater than 10 feet (3050 mm) apart. Following this proposed provision would allow design flexibility in keeping existing grades to as close to natural as possible, while adhering to the expert opinion of a diverse, federally appointed Committee on accessibility.

Connectivity to Regional Trails Comments on trails The Advisory Council discussed and rejected • Don’t link access with current trail system. a Perimeter walk around the property. They • Direct connections could take away from chose to discourage an Estes Lake recreation passive and educational use. link at this time. Alternatives around the • Concentrate on conservation, not Knoll Willows property exist or are in the recreation. planning stages. For additional information, • Concern over Cliff trail SE and up. No trail please refer to the Estes Park Trails Plan and SE corner to North entrance. the Public Works Department. • Encourage use of walkway on bypass • Need to control where and how people go to these places. • A more difficult and more steeply graded trail will provide a shorter access between the cabin and the Ruins. This will prevent damage from alternative shortcuts.

41 Appendix A

Those in attendance on September 18, 2002 Toby Hale Lori Jeffrey-Clark Bob Jones Kelly Brown Jacqueline Oldham Joan Sapp Betty Kilsdonk Louise Lindsay Bob Joseph and Wil Smith

Bill Linnane attended at end of the day.

Also in attendance: O.W. Bud Hampton, Mary Bauer, and Enda M Kiley

Facilitating: Chris Koziol, Katherine Woods, and Susan Zietkiewicz

[Ron Wilcox called to discuss charrette on Thursday, September 19, 20021

Proposed schedule 9:00 -9:30 Intro and Definitions: Mission, charrette goals, graphic agreement

9:30 — 10:00 Discussion of Groups and agreement on respective tasks

10:00—11:30 Group work Draft map by 11:30

11:30 — 12:00 Accountability & Reality check Presentations

12:00 — 12:30 Working Lunch

12:30 — 1:30 Walk and Talk

1:30 — 3:00 Group Work 95 Percent draft map by 3:00 p.m.

3:00 — 4:00 Forging the Graphic Agreement

Actual schedule by agreement

12:00 - 4:00 Working Lunch, Photo presentation of the Property, and Group Discussion

42 6.3 Accessibility Report The trail planning involved careful consideration of needs of the disabled trail user. The following “best practices” information provided by planning consultants, City Visions, was incorporated into the trail plarming process. • The Americans with Disabilities Act (ADA) is itself not like a building or zoning code, in that it doesn’t prescribe what you need to do to be in compliance. Rather, it is civil rights legislation, which establishes the right of “Americans with disabilities” to equal treatment and reasonable accommodation “similar to those available on the basis of race, color, sex, national origin and religion and prohibits discrimination on the basis of disability in the private sector and in state and local governments, public accommodations and services, including transportation, provided by public and private entities.” • What constitutes “equal” and “reasonable” is subject to legal questioning and litigation. A dozen years of case law, since 1990, has answered some questions, but in general the courts have set the bar for accommodation quite high. • The federal government has attempted to offer some design guidance through the work of the Access Board, an independent federal agency (www.access-board.gov). This agency is responsible for the development of the ADA Accessibility Guidelines (ADAAG). The “chapters” of the ADAAG are being developed, refined, and adapted through the long and involved federal rule-making process. Right now, and since 1996 the Board has been working on Chapter 16, “Outdoor Developed Areas.” While these rules have yet to be formally codified into federal law, City Visions has consulted the most recent draft of this chapter in making trail recommendations for the Knoll-Willows site, and our suggestions regarding surfacing and grade issues are in keeping with this evolving standard. • Draft Chapter 16’s language defines its purview “Outdoor Developed Areas” functionally and broadly. 16. OUTDOOR DEVELOPED AREAS Outdoor developed areas covered by this section shall comply with the applicable requirements of section 4 and the special application sections, except as modified or otherwise provided in this section. 16.1 General. All newly designed and constructed pedestrian trails or altered portions of existing pedestrian trails connecting to designated trailhead or accessible trails shall comply with 16. All newly designed and constructed camping facilities, picnic areas, and beach access routes or altered portions thereof shall comply with 16. 16.1.1 Extent of Application. Departures from specific technical provisions of this section shall be permitted where specified, and where at least one of the following conditions is present. The conditions in this section do not obviate or limit in any way obligations to comply with 16 at any point that the conditions are not present. 1. Where compliance would cause substantial harm to cultural, historic, religious, or significant natural features or characteristics; or, 2. Where compliance would substantially alter the nature of the setting or the purpose of the facility, or portion of the facility; or,

43 3. Where compliance would require construction methods or materials that are prohibited by federal, state, or local regulations or statutes; or, 4. Where compliance would not be feasible due to terrain or the prevailing construction practices.

Definitions Trail A route that is designed, constructed, or designated for recreational pedestrian use or provided as a pedestrian alternative to vehicular routes within a transportation system.

Designated Trailhead A designated point of access that may contain a parking area, information kiosks, restrooms, water hydrants, and may be reached by vehicular or pedestrian access.

Tread Width The path or visible trail surface perpendicular to the direction of travel. The clear tread width of the trail is the width of the useable trail tread, measured perpendicular to the direction of travel and on or parallel to the surface of the useable trail tread. The minimum clear tread width is the narrowest measurement on the useable trail tread.

16.2 Trails. Where trails are provided, the trail shall comply with 16.2. Where provided, elements located on accessible trails shall comply with 16.5 through 16.21. Elements are not required to be connected by an outdoor recreation access route. EXCEPTIONS: 1. Where one or more of the conditions in 16.1.1 exists, and where one or more of the conditions in this exception exists, the provisions of 16.2 shall not apply after the first point of departure. The segment of the trail between the trailhead and the first point of departure shall comply with 16.2 unless the trail segment is 500 feet (150 m) or less in length. Where there is a prominent feature less than 500 feet (150 m) from the trailhead, the trail segment between the trailhead and the prominent feature shall comply with 16.2. The conditions of this exception are: (a) The combination of running slope and cross slope exceeds 40 percent for over 20 feet (b) A trail obstacle 30 inches (760 mm) or more in height across the full tread width of the trail; or (c) The surface is neither firm nor stable for a distance of 45 feet or more; or (d) A clear width less than 12 inches (305 mm) for a distance of 20 feet (6100 mm) or more 2. Where one or more of the conditions in 16.1.1 are met resulting in departures from the technical provisions in 16.2 for over 15 percent of the length of the trail, 16.2 shall not apply after the first point of departure. The segment of the trail between the trailhead and the first point of departure is required to comply with 16.2 unless the trail segment is 500 feet (150 m) or less in length. Where there is a prominent feature less than 500 feet (150 m) from the

44 trailhead, the trail segment between the trailhead and the prominent feature shall comply with 16.2.

16.2.1 Surface. The trail surface shall be firm and stable. EXCEPTION. The provision shall not apply where a firm and stable surface can not be provided because at least one of the four conditions specified in 16.1.1 applies.

16.2.2 Clear Tread Width. The clear tread width of the trail shall be 36 inches (915 rnni) minimum. EXCEPTIONS 1. The clear tread width shall be permitted to be reduced to no less than 32 inches (815 mm) minimum where at least one of the four conditions specified in 16.1.1 apply. 2. The provision shall not apply where 32 inches (815 mm) minimum clear tread width can not be provided because at least one of the four conditions specified in 16.1.1 applies.

While the wording “recreational pedestrian use” seems to suggest some ability to argue that the intent in the Knoll-Willows is educational rather than recreational the ADAAG Committee’s commentary elaborates further, and seems to address that distinction:

“A trail designed, designated, or constructed for pedestrian use may also have other uses, such as bicycling or in-line skating. It is recognized that pedestrians use all trails. However, these guidelines apply only to trails where travel on foot is one of the designated uses for which the trail was created. For example, a trail designated for mountain biking will not be considered a “pedestrian trail” whether or not pedestrians actually use the trail. However, a multi-use trail specifically designed and designated for hiking and bicycling would be considered a pedestrian trail. Trails include (but are not limited to) a trail through a forested park, a shared-use path, or a back country trail. Trails do not include pathways such as sidewalks, pathways in amusement parks, commercial theme parks, carnivals, or between buildings on college campuses. These exterior accessible routes are already covered by ADAAG 4.3.” See www.access board.gov/outdoor/outdoor-rec-rpt.htm

45 6.4 Historic Structures Assessment

September 10, 2002

Chris Koziol City Visions Inc. 315 S. Sherwood Street Fort Collins, CO 80521

Dear Mr. Koziol:

On August 26, 2002, I visited the site of the Birch home ruins in Estes Park, with yourself and Bob Joseph, Director of Community Development with the Town of Estes Park. During the site visit we observed the current condition of the stone ruins as well as the nearby log cabin, measured critical wall dimensions and structural supports, and identified several specific items that require stabilization.

My overall impression of the stone ruins remaining from the Birch home is that the site is in good condition, and will not require major intervention for stabilization. I ran through some quick analyses of the more critical items and found that, although the walls and window lintels do not meet current building code requirements, they do provide an adequate margin against collapse and do not represent any immediate problems. Further work is required to formulate a proper long-term response to site stabilization.

At two isolated locations, there are items that should be addressed immediately to prevent potential collapse:

1. The stone masonry above one lintel has as its main support a ¼ inch thick steel plate, and the main steel angle is cut short with no bearing at the window jamb. The steel plat does not have the capacity to carry the stone weight and the lintel must be shored to prevent collapse, until a suitable long-term solution can be designed and installed. This lintel is on the south wall, above the second window west of the main entry door. 2. The west porch wall has a large hole entirely through the wall section, measuring up to 32 inches wide and 34 inches tall, with the masonry above held in place simply by arching action over the void. This stonework is in danger of falling and requires temporary support.

While the site is in good condition, I recommend further work to conduct a detailed investigation and overall site stabilization. I anticipate that such an effort would include the following tasks: a thorough condition survey, to document as-built as well as existing conditions; stability analysis of exterior building and retaining walls; recommendations for site drainage and moisture control, specifically at chimneys and the tops of walls; and identification of repairs required to ensure safety of any visitors to the site.

46 I conducted a similar visual evaluation at the log cabin site, which, for the most part, appears to be in good condition. I did not see any items that require immediate action but there should be additional investigative work prior to long-term stabilization recommendations. Such a program should include a general condition survey to document the site, evaluation of the sheds and outhouse, which are deteriorating and require maintenance and stabilization, investigation of wood roof framing in the vicinity of a roof leak for moisture damage, and determination if concrete poured against the uphill walls is damaging the wood log walls, The entire site suffers from active erosion due to surface runoff and a plan to combat erosion at the back side of the house should be part of any future work.

In conclusion, both the stone house ruins and the log house are in a condition that requires little immediate attention, but both are vulnerable to long-term deterioration. I suggest a program to conduct a formal condition survey along with additional analysis to identify areas requiring stabilization.

Sincerely,

Michael P. Schuller, P.E. Atkinson-Noland & Associates, Inc.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

47 6.5 Knoll Willow Conservancy Report

DOCUMENTATION REPORT FOR THE KNOLL-WILLOWS PROPERTIES

July 2001 Estes Park Town Government/EPURA Staff and Estes Park Knoll-Willows Conservancy

48

contributions.

Ph.D.

We are refuges);

Porzak, Manager (Bs,

National his

Enda Ridge

organizational organized

and Outside thanked Bob

members. EPURA

This

The The

0. Bob

Wil

natural and ACKNOWLEDGMENT

W.

thanked

valuable

would

Esther

thoroughly

Estes

Estes

Wildlife

Smith,

Jones,

Joseph,

report

Mills

(geology

Open

(Bud)

I

and

and

consultant

for

and

have

Park

with

Scott

Park

Park

and

like

First

Burnell

Kiley

was

Vice-Chairman

Executive

her man-made

for

John

Space,

input.

the

Community

Hampton,

Management,

Biological

33

read

wrote

Richard

style

to

Rashid,

their

Knoll-Willows Knoll-Willows

and

steadying

and

of

collaboratively

Town

years

C.

recognize

(trees,

all,

Mills, specialist

the

August

Qualified

anthropology/archaeology);

Hampton

believe

Mulvihill.

individual

the

Director

Meribeth

History

historic

and

(licensed

Widmer,

experience,

Chairman

nature

first

Science

Development

and

personality,

STATEMENT

The

2000,

University

Shawn

it

Rick

draft

specialists

drew

from

to

Conservancy

and

of conservation

Conservancy

and

efforts

prepared

The

Knoll-Willows

Wheatley,

represent

Town

bird

by

Technician

EPTJRA

Spowart,

to

Kraft,

Enda

Wetlands Resources

early heavily

many

Larimer

facilitate

rehabilitator

support,

and

of

Administrator,

Director

from

with

history

Mills

Montana,

GIS

other

accurately

hard secretary

.

on

Ph.D.,

values

(plants,

County

Manager

within

input

Report

group

System

the

Kiley,

and

Conservancy

work

members

and

from

Baseline

and

Colorado

keying

of

retired

from

attorneys

for

The

and

and

Parks

ecology

that

for

herself

the

The

has

Analyst,

bird

in

the

individual

the

and

Knoll-Willows

establishment

fairly

perspectives

of

resulted

been

Date

Date

of

Fish

Properties

Date

habitat

Date

Documentation

and

Knoll-Willows

The

Division

Knoll-Willows

with

this

cooperation

zones,

Barn

at

Estes

current

forthright

Open

and

law,

Knoll-Willows

complex

its

in

specialist);

Bernier,

participation.

Wildlife

habitat);

a

some

Park,

Glenn

at

Lands

of

responsible of

uses

of

this

Wildlife,

Conservancy,

her

in between

two

report.

40

for

Report Conservancy,

Mapes,

and

time

allowing

Rocky

Department.

Properties

Service

parents,

Howard

Bud

individual

his

national

conditions

Conservancy

(July,

Bud

valuable

is

For

for

Hampton,

team

the

Mountain

Glenn

thanked

Refuge

Enos

H.

Red-Tail

staff

Hampton

such

carefully

wildlife

2001).

effort.

Lipke,

is

map

A.

of

of

as

for

the 49

2.

action with

group

Committee,

of Willows Betty

such forward(separately

documentation

Historic

INTRODUCTION

2.3

Properties,

Urban

by

The Figures adjoining

individual along 2.2

Estes The

The

Government/EPURA existing 2.1

Rich

a

Kilsdonk,

of

US

recommendations

collaborative

Park,

The

Birch

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Estes a.

1

properties properties

purpose

of

Current

volunteers

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Properties

Purpose

Park.)

its

Renewal

Highway

Widmer

BirchlBickle

Properties

Town

Birch

1

conditions,

with

south

and

Park

Park

Addition)

and parking

properties

or

fieldwork

Director

of

Block

final

simply,

2,

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of

entered

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as

border and

consist

early

this

from

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with

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APPENDICES

report

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a

lots.

(approved

approval

single

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report

in

2

and

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were

access

the

the

were

as

of

decisions

The

of

by

to

January,

into

of

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as

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other

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34, the

the

proceed

Birch

Knoll-Willows

municipal

19.41

entity

this

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is

either

of

sensitively

a

on to Estes

entered by

Birch

maps,

separate

for to

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first

the

in

data

between

the

log

the

the

identify

contiguous

1997.

regarding

the

A

are

and

June,

purchased

on

Knoll-Willows

by

Park

Birch

Add.

and

that

west

cabin

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parking

hereafter

Birch

into

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the

Location

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(Figure

omitted

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1998

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are

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the

,and by

log

Town

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a”

and

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by

property,

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are

properties

pertinent

acres

north-south

properties

purchase

by

(Figure

lease/option

lots

cabin

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Lot

Shawn

Birch

referred

Govemment/EPURA

currently

1,

Board

Properties.

from

the

of

APPENDIX

and

that

2,

Report

Estes

Town

for

stone

of

(Lots

the

l).The

Kraft,

to

private

of

agreement”

are

and

research

to

and

the

Knoll-Willows

with

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oriented

zoned report.

Trustees

Park’s

as

bounded

to Board

ruin

is

Birch

1

was

document

GIS

last

either

purchase

and

both

the

commercial

A).

to

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problematic

Community

and

payment

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of

2,

Town

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MacGregor

the

is

on

recognized

Subsequently

with

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on

blk

Trustees

thanked

for

July

staff

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historic

agreement”

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Knoll-Willows

to

Mr.

11,

use

moving

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on

buildings

10, nominate

and

east

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Fred

analysis

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from

for

or

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2001).

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and

information,

an

and

the

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facilitating

the

Willows

of

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organized

of

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the

thanked.

with

north

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with

Block

Town

the

Estes

and

Register

Because

outset,

and

for

The

the

of

their Town

sides

Park

of

1,

Lot 50 property was recorded on July 1, 2001 by the Town. The Town was successful in obtaining Great Outdoor Colorado grants which partially funded both of these purchases.

b. The Knoll Properties (Figure 1 APPEIDIX A)

Three more annual payments of $119,230.12 (July 30, 2001), $119,230.12 (July 30, 2002) and $103,210.54 (July 30, 2003) are due annually on July th30 each year on the Stanley Knoll of Stanley Addition, Lot 2, PIP 3524435902, 9.29 acres, Figure 1, Appendix A, and will be completed on July 30, 2003.

Prepayments of the remaining obligation do not appear to be precluded by the terms of the lease-purchase agreement.

2.4 History of Town/EPURA Acquisition of Knoll-Willows Properties and Considered Uses Along the Way (Figure 1,Appendix A, and Figure 2, Appendix B)

The following long quote is taken from pp.28,29,20 of Program Review, 1982-1994 The Estes Park Urban Renewal Authority prepared by Polly G. Gunn, Chairman:

In late August of 1990, EPURA received a request from United Bank, owner of the Knoll property (Tract 2, Stanley Addition) (Hampton note: For map reference see Lot 2, Stanley Addition, 9.29 acres, on Figure 1, Appendix A.) asking that the Estes Park Downtown Redevelopment Program (the “Plan”) be modified to designate uses on the property which are allowed in C-O zoning, such as single family dwellings, two-family dwellings, multi-family dwellings, public open space*, municipal use, day care center, commercial accommodations, office, bank, professional services, restaurant and retail sales and services...

* “Public Open Space” is not defined per se in the Estes Park development code. The intent here would be as described in the Town Code, Section 13.3, Definitions of Words, Terms, and Phrases, item 167: Open Areas shall mean any parcel or area of land or water essentially unimproved with any residential, commercial or industrial uses and set aside, dedicated or reserved for public or private use and enjoyment including recreational, scenic or environmental purposes. Open areas may include agricultural uses and natural features located on a site, including but not limited to meadows, forested areas, steep slopes, flood plains, hazard areas, unique vegetation and critical plant communities, stream corridors, wetlands and riparian areas, wildlife habitat and migration corridors, areas containing threatened or endangered species and archeological, historical and cultural resources”.

.The Knoll property had been included in the Plan, under Phase 3, INTERMEDIATE RANGE PROJECTS, as the location for a Conference Center and Community Recreation Center. In Phase 4, it was proposed as the site of a new municipal center.

The authority [EPURA] had obtained an option on the Knoll property in 1989 and commissioned a study by Browne, Bortz & Coddington (BBC) an economic consulting firm, regarding a conference center on the Knoll. The results indicated that such was not economically feasible at the time because freestanding conference centers were not successful.

51 • . .In the past, the Town had discussed relocation of the Municipal building to the Knoll. However, EPURA had been advised that the Town was not interested in acquiring the property and holding it for future development. Downtown retention of the municipal complex and contemplated relocation of the library were important parts of the downtown area’s revitalization....

Since the uses proposed in the original Plan were not feasible or practical, as determined by BBC; EPURA, the Town and its staff suggested that the Plan be modified to encourage the following uses on this property, namely: single-family dwelling, two-family dwelling, multi-family dwelling, public open space, municipal use, day care center, commercial accommodations, office, bank, professional services, restaurant, and retail sales and services.

In October, 1990, EPTJRAparticipated with Felsburg, Holt & Ullevig in a feasibility study ($5,000) relative to Factory Outlets on the Knoll. (Hampton added note: There had been a strong negative public outcry regarding the possibility of one or more factory outlet developments on the Knoll.) In November of 1990 the Factory Outlet Plan was found to be in compliance. However, the sponsors of the Factory Outlets could not complete their financial arrangements and the Factory Outlets were not built....

EPIJRA had purchased approximately four acres on the Knoll in March (1990) for $160,000 in order to have a buffer zone if and when the Knoll was developed. It was not a subsidy to the property owner, but an effort to protect the view corridors from and to the Knoll property as well as protect the scenic assets of The Knoll. (Hampton, EPURA purchase was made during the factory outlet debate.) The acreage included a cliff top buffer (Hampton, of natural open space, see Figure 1, Appendix A, Lot 1, PD 3525150901, 2.17 acres) on the south side of The Knoll property and a Black Canyon Creek parcel of 1.94 ac. on the Northwest corner of The Knoll.

In early 1995 EPURA received a positive response from a public opinion survey entitled, “Should the Knoll be purchased for the community?” and in 1997 commenced purchase of The Knoll under a 6 year lease-purchase agreement. (For details of the survey results and purchase agreement for the price of $975,000 ($400,000 down and $575,000 to be paid over 6 years at 6% annual interest) plus interest. (see Sections 4.1 and 4.2.)

On May 22, 1996, at a special meeting of EPURA, the Board unanimously passed a motion to endorse the establishment of the National Watchable Wildlife Center in Estes Park and to reserve a portion of the Knoll for the location of the Center. The “Center” did not materialize and was not built in Estes Park.

3. EXISTING CONDITIONS

3.1 Overview

The properties consist of 19.41 acres of contiguous natural open space, which includes a historic stone ruin of a house built in 1904 (before construction of The Stanley Hotel) on a

52

3.2

sanctuary

education, natural

The The

The all

The

a

Combined

the promontory

are

2

from

1908

multi-faceted

of

three

present

north

Properties

Properties

Properties

Properties

APPENDICES

b.

Natural

a.

below

(during

view

of

of

within

research,

on

Knoll

The

anthropology/archaeology;

Topography/Geology/Soils

is

sunshine

Community Estes

Climate

as

9)

7)

6)

8)

10)

the

in

believe

the

overlooking

corridors.

highly

construction

a

the

a

Resources

A

Beautiful

properties,

An

lower Jagged

Three

provide d)

f)

in e)

contain

in

attributes

Knoll-Willows

single

natural

natural

stone

Park

the

forming

grassland

their

south,

combination

aquatic

Dry

Montane

Remnant

that

variable

passive

and

A

surrounding

slopes

The

adjoining

ruins,

in

geographic

rock

untouched,

and

significant

Profile

Grassland

environment

scenic

environment.

steep-to-moderate-to-gently

moderate the

the

mature

for the

Knoll-Willows

the

and

ecology

of

B).

meadow

cliffs

and

ruin

Riparian

Montane exploration facing

Open

a

with municipal

the

crest

foreground,

scattered

complete,

dated

as

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Both

ecosystems:

crestal

and

is

Stanley

hustle

and

a

Ecosystem

entity,

a

landscape

Ponderosa

to

natural

(Contour

zone

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an

single

strong

with

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1998,

of

low

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rocky

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abandoned

with

building

areas

these

(Figure

rock

and

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classical

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contains

Hotel)

precipitation.

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its

Canyon

have

nature

and

backdrop,

seasonal

APPENDIX

ponderosa

41

of

vegetated

bustle

map,

discovery various

outcrops

with

Knoll-Willows

Pine

archaeological

the

historic

years

variable

Canyon

2)

and

and

remains

with

fort.

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both

Figure

wildlife

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(Bud

of

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are

plants,

of

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rising

historic

and

a

wetland

slopes

and

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state

of

aesthetic

A

vibrant

accumulated

sloped

C).

(For located

Creek)

Hampton,

and

Mountains.

2,

valuable

in

historically

Nature

habitat:

erratics

slopes

trees

provide

by

including

good

sites

MacGregor

weather

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that

lot.

site

in

and

Shawn

topography

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within

temperature,

and

and

and

conservation

bound

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condition,

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and

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types

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around

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biotite

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see.

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metamorphic

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1998).

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people In

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outcrops

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lichen

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pink

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Park

40

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see

up

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to 54

d.

c.

problems.

an

vegetation consuming

maintenance the

and

communities

diversity on plants

unique

The Wildlife

Knoll-Willows: understand Black

from A

area

the Mountain

component Ponderosa

and Bitterbrush

flowers The

are plants

existing

a Zone Journal,

ecosystems The

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greenhouse). knowledge

fortunate

list

over-story

the

most

soil

indicative

stream

define

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Ponderosa

Knoll-Willows

known

there

which

of

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have

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and

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to

on

of

plant on

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stable

of

1762-1763,

the

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to

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animals

the

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environment,

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a

includes

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plant

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unusual

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trees

have

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this

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Knoll

sites

identified

of

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Grassland

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for

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dominant

property

with

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include

re-establishment.

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plants

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communities

type

as

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three

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proper

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a

of

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with

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brush

of

sites

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diversity

by

and

ecosystems,

in

are

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these

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Area

within

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be

within

wetland is

misery

a

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studying

their

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provides

the

despite

also

associated

and

and

growing

Identifications

heavily

dominated

includes

with

down

emphasized

Needle

sites

indeed,

being

with

contains

one

area

great

use

will

wildlife.

definitive

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on

Science

the

the

present

and

the

and

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a

surrounding

could

would

the

little

more

as

this

core

a

(by

for

incorporated

are

minimize

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developed

steep

and

list.

variety

various

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and

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as

remnant

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with

wildlife

a

moist

Knoll-Willows

by

importance

a

natural

property

responsible

Montane

Howard

much

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things

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center a

enough.

hope

on

than

diversity

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not

hillside

of

Ponderosa

Montane

of

these

Canyon

(by

Spikemoss,

the

of

soil

The

shrub

Estes

require

and

33

erosion

happiness

for. Open

species.

and

(see in

grasses,

extensive

heartbeat

Bath

Knoll-Willows

natural

H.

combined

are

conditions

years

amongst

and Dry

Riparian

Alder

detail

Complementing

flowers

from

of

of

They

Park

undisturbed species.

Lipke,

Appendix

for

Creek Riparian

in

Ponderosa

characteristic

drier

the

Pine

June

Bernier,

maintaining

Grassland

and

Property.

charge

of

building

the

The

grassland,

sedges

a

that

and

is

represent

as

costly

of

development.

primitive

experience.)

characteristic

the

on

noxious

site

Ecosystem.

coursing

retired

Grass

a

natural

Knoll,

possible”

for

Estes

gradual

River

we

Wax

Montane

Ecosystem.

the

grasses

of

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F)

plants

and

Property

a Pine

and

vegetation

attain

and

Ecosystem.

the

To

are

wonderful

to

drier

Current

Fish

Park.

into

the

meadow

of

Birch

the

resources

the

weed

forbs

and

better

time

through

transition

date,

RIvENP

holding

present

these

and

(ibid).

natural

and

Life

the

lowest

sites

area

the

and

This

fragile

to

that

flank

are

great

and The

107

the

is

55

it is

e.

messages

“One

soar, roots.

In gravity, windbreaks,

pointed

wind

evaporation impurities

Company, history. has In

forest-covered In revealed the And

Houghton

“Trees, My

Enda

Trees

rare

officials

misconception thousands

A

and other

vegetation sensitive

rock

On

and

America).

second

1918,

The

yearly

not

the

father

Knoll

plants

various

said

always

outcroppings

and

of

uses

Mills

and

Spell

issue

only

like

out

that

my

my

Some

in

a

he

to

water

alive

issue

growth

wrote,

Mifflin

provocative

Properties

from

of

Boston,

of

and,

efforts

Nature:

their

that

joys

people,

disturbances,

and

most Kiley

mother, “wanted

species

that

of

a

a

of

He

acres

the

spiritual

striking

hillsides

have

the

after

of

is

erosion,

sensitivity,

likely,

the

forests

flooding,

decision-making.

had

is

their

sites.

“My

the

species

size.

rings

that

Co.,

(by

Rockies

add

New

of

in

earth

struggle

of

called

he

Perspectives

Esther

already

to

(19.4

general

a

natural

leaves

Enda

work

could

appearance

rare

willows

Many

life

Boston,

considerable

gift”.

died

are

magnificent

is

and

read

as

York;

and

of

and

reinforced,

but

this

history

well moderators

(1911,

ac.)

both

wildlife

wounds

M.

in

is

birds

Bumell

for be

written

Old

and

public

people

public

air,

also

to

It

this

and

1922,

37

New

is

on

Kiley,

required

as

existence,

the

is

their

twigs

Pine’s

that

not

need

page

The

but

which

of

because store the enrich

The

The

species

old

Willows

lands

on

aesthetic

leading

Mills,

I

York The

suggest

that

Enos

anchored

significant

responsiveness

trees

want

lower

an

daughter

Riverside

of

cover

the

the

Riverside book

uniqueness

Douglas

water

autobiography.”

because

Story

he

interesting

now,

it, climate,

surrounding

and

and

wrote,

tree

my forest subdue

A.

warrants

to

that

related

to

sites.

that

area

a

the

value

and Mills,

save

The

classic. of

attempts

mother

an

four

and

(e.g.

of

forests

in

Fir.

Press,

soil

the

of

a

for

Press,

in

and

aged

that

guard

Enos

the

Lichen-covered

University relation

the

and

Thousand

held

to

to

generations

development

biography.”

an

lightening

special

Esther

shelter,

Seeing

small

and

to

the

human

the

winds

kept

forests

the

trees.”(1920,

tree,

Houghton

unpublished

sensitivity

not

any

to

and

Cambridge)

together

it

(ibid,

protect

Knoll

area.

town.

influence

from

size

to

my

only

restoration

it

like

consideration.

Esther

Burnell

and

and

chronological

constantly

Year

the

makes

Press,

p.7)

strikes),

father’s

of

including

are

the

check an

(ibid,

that

it

by

serve This

for

hundreds

Mifflin

the

of

Pine

boulders

from

He

Mills).

aged

highly

greed

manuscript,

a

public

Country

my

public

Cambridge).

the

Mills

my

the

Willows

web

is

p.7).

said

as

or

goals

Enos

(1909,

both

eliminate

father

a

site

person,

soil

spirits

myself,

of

re

of

and

of

or

Using

and

with

Lfe

of

tree

and 56 my daughter, Elizabeth, and my granddaughter, Eryn, can continue with integrity sharing my father’s wisdom and knowledge about nature’s wonders.

My father always said, “Trees are our friends”. S today, the most important way I can follow in his footsteps is to enlighten people about how trees are life-savers, as I did recently at a talk I gave on April 27, 2001. f. Wildlife Habitat (by Rick Spowart, Ph.D., Colorado Division of Wildlife with 15 years of experience in the Estes Valley; Bachelor of Science degree in zoology from the University of New Mexico, Masters degree in micro-biology from Colorado State University, and both a Masters degree and Ph.D. in wildlife biology from Colorado State University)

This property contains several wildlife habitat types. The most important is the riparian habitat along Black Canyon Creek. At least 3 species of salmonids (rainbow, brook and brown trout) reside in this short stretch of the creek. Beaver and river otter reside or pass through this stretch. Several species of passerine birds nest in the willows along the creek. For the last 4 years, elk have calved in this riparian area.

The rest of the property is grassland, mountain shrub or open Ponderosa pine habitat, all of which is critical winter range for mule deer and elk. A host of other wildlife species, from Abert’s squirrels to Wyoming ground squirrels also reside here. Badgers, coyotes, and raccoons use this property almost daily.

As development continues in Estes Park, properties which are undeveloped or slightly developed become increasingly important as wildlife habitat. This property is especially important due to its proximity to developed areas. g. Bird Habitat, Present and Future (by Scott Rashid, licensed bird rehabilitator, bird and bird habitat specialist) For the past ten years I have watched Estes Park and the Estes Valley grow significantly. With the increase of construction and human use, there has been and will be a continued loss of good bird habitat.

Within the Knoll-Willows properties, I have documented more than 60 bird species that use the area for either nesting, wintering or as a migratory stopover. This is a rather compelling quantity and diversification of bird species that use the area. (APPENDIX G; research is not complete.) Through band recoveries I have also documented that birds tend to return to the area where they were hatched. In some cases, they even return to the exact nest site. However, if the nest site or nest site area is destroyed, due to commercial, municipal or residential construction activities, the birds search elsewhere to nest. This may take so long, that in some cases, the birds may not nest. Or as they nest, the birds are sometimes killed by predators such as raccoons, dogs and house cats, because

57 they find an insufficient site to nest with insufficient cover to protect the nest and the young.

Birds choose a nest site because of the availability of food, shelter, and protection from predators. As housing developments increase, so do the predators (i.e. dogs and cats). As a licensed bird rehabilitator, I receive a large number of injured and orphaned birds every year. Over 90% of the bird injuries that I see are directly related to human interference, such as birds crashing into windows, as well as dog and cat attacks on birds.

As construction continues to grow in Estes Park and the Estes Valley, these types of injuries to birds are going to become more frequent. As construction continues and both resident and visitor activity increases, a protected Knoll-Willows would become “the oasis in the middle of the desert” so to speak, that will end up being one of the few safe havens for migrating and nesting birds.

As a conserved bird habitat, the Knoll-Willows may become a focal point for bird-watching and research. h. Wetlands Our Knoll-Willows Conservancy field research team is accumulating a data base of information. Based on these data by several specialists, a wetland delineation undertaken by the Town of Estes Park (1989) (APPENDIX E), and data set forth in the Larimer County Land Use Code, Section 8.2.5 Wetland Definition, pp. 8-25, dated November 22, 1999, (See APPENDIX F) the Knoll- Willows Conservancy recommendation for conservation and use is set forth in the Knoll-Willows Conservancy Recommendation to the Estes Park Trustees, dated July20, 2001.

In addition to technical, a non-technical conclusion by the author of the report prepared for the Town entitled, WetlandDelineation of the Birch/Bickle site, Estes Park Colorado, September, 1989 by Tom R. Cottrel, M.S. Ecologist, (Ph.D. candidate in Botany) follows (see APPENDIX E for entire report):

Deer, some small mammals, and numerous bird species utilize the wetland heavily. The habitat provided these animals by this wetland is very important because of the human population pressures which now limit the area of native vegetation in the Estes Valley. As with any natural area within a population center, this site plays a major role in visitor appreciation and enjoyment. The Estes Valley draws large crowds of tourists for one major reason, the beautiful surroundings. The value of this resource must not be underestimated. Sites such as BirchfBickle add to the beauty and diversity of the Estes Valley.

58 3.3 Trails, Roads and Christmas Holiday Season Lighting Frame

a. Trails

Currently there are no established or designated trails. Scattered animal trails are present.

b. Roads

One undeveloped, car-track access road for utility and not public use connects through a Town controlled locked gate off US Highway Bypass 34 to the Christmas holiday season lighting frame and the Birch stone ruins on the overlook promontory above the Municipal Building and parking lot (Figures 1, 2; APPENDICES A and B). This gentle grade access generally follows the contours of the Knoll. c. Promontory Lighting Frame

The lighting frame runs approximately east-west for about 60 feet on a south-facing promontory that overlooks the Municipal Building and parking lot.

3.4 Archaeology (Bud Hampton, Ph.D. anthropology/archaeology)

During the Knoll-Willows Conservancy preliminary archaeological surface survey and research, the Al G. Birch log house was found to be in good condition. An adjacent storage shed, outhouse, and nearby outdoor iron stove are likewise in good condition. According to a letter dated July 31, 1969, from Al G. Birch to Albert C. Edwards, then a writer for the Trail Gazette, the cabin was built in 1908, within the year after construction of The Stanley Hotel was commenced (1907). Some later modification of the “log cabin”, called by Birch a “chalet” (ibid) blends into the story of a vintage important historic site. (See Section 3.5 of this report.)

Archaeological remnants of an early road to the Birch house have been located which add factual detail to the historic site.

The Al G. Birch stone ruins situated on a promontory overlooking the Town Municipal Building and Bond Park, was found to be in good condition. According to Al G. Birch (ibid), this stone-based house was built in 1904, three years before construction of The Stanley Hotel was commenced. (See Section 3.5.)

The stone ruin will require qualified archaeological/historic opinion and analysis before stabilization can be commenced. (See Knoll-Willows Conservancy RECOMMENDATION, dated July 20, 2001).

Within the Knoll-Willows Properties remnants of historically interesting barbed wire fences have been noted as well as more modern (undated) fence posts and remnants of fencing.

59 Town utility features on the east-facing slope of MacGregor Avenue are present. Remnants of an electric power line(?) to the log house are present on the property. (Note: Confirm poles were not also for a telephone line.)

The possible presence of Native American tipi rings and other Native American artifacts on the Knoll-Willows Properties has not been confirmed. (Oral sources have indicated their possible presence to Hampton over the past 30 years; latest from Frank Hix about February 2001.) Next step, see Knoll-Willows Conservancy RECOMMENDATION, dated July 20, 2001.

3.5 Visual and Historic Resources

Visual

The Knoll-Willows Properties remain as the unique focal gem of variable natural landscape vistas and historic remnants within the active business and municipal core of Estes Park. Also, from the veranda of the Stanley Hotel and its view corridor southward to the foreground of Knoll-Willows and from the most-used entrance into Estes Park, from the intersection of Highway 36 and Highway 7 to the intersection of Highway 36 with US Bypass 34, the combined Properties are within view corridors “which must by protected from any development” (page 8 of Stanley Historic District Master Plan, dated January 11, 1994, and Stanley Historic District Ordinance.

The Stanley Historic District Master Plan, January 11, 1994, sets forth the proposition that The Stanley Hotel and its environs are the most valuable historic focal point of Estes Park and that the preservation of this visual resource is a high priority in the development of the Master Plan (p. 2), which elucidates the intent to “maintain the visual and environmental quality of the property and surrounding areas, maintain the integrity of the Stanley Historic District..., and protect and enhance views into and out of the Historic District” (Hampton’s italics).

When F.O. Stanley built The Stanley Hotel (1907 - 1909) the land in front of the hotel to the south and across the Knoll-Willows area into Town was undeveloped open space.

In a grand sense this swath of natural open space (that included the rise of the Knoll- Willows Properties as the dominant foreground between the Stanley Hotel and the Town and the natural foreground for the background view of the Continental Divide and other peaks in the distance) was an important aspect of the natural historic setting for The Stanley. F. 0. Stanleyfeatured and protected this vista (letter from Al G. Birch, dated July 31, 1969 to Mr. Albert C. Edwards, writer for the Trail Gazette) when he oriented the hotel and amenities to highlight the view and make it a primary part of the hotel and the Historic District as F. 0. Stanley planned and knew it.

Since those historic times, the natural view from The Stanley Hotel southward across the natural landscape to the undisturbed Knoll-Willows rise is still the foreground scene

60 for the exciting background peaks in the distance. Fortunately, by happenstance, Bypass 34 was cut downward into the meadowland between The Stanley and the Knoll- Willows and not above it. This ribbon of asphalt with its distracting automobile and truck traffic does not interrupt the premium view from the veranda of The Stanley nor from many ground level vantage points within the Historic District view corridors in front of The Stanley.

Although the Knoll-Willows Properties across Bypass 34 to the south are not included within the present Stanley Historic District, they are, by their location, natural landscape vistas, wildlife habitat, and prime view corridors, in fact, a valuable added asset to the preservation and enhancement of the Stanley Historic District and to views to and from the featured architecture and historic value of The Stanley Hotel. These properties were an economically important part of the Stanley Hotel “Historic District” as planned by F. 0. Stanley. He placed economic value on natural open space.

Near the northwest corner of the Knoll-Willows Properties along Bypass 34 and from its junction with north-south oriented MacGregor Avenue along the entire western margin of The Properties, and at the southwest corner of The Properties, adjacent to the north end of the Municipal building and parking lot, The Properties consist of the north- south trending Black Canyon Creek, with its moving water, wetlands and riparian habitats that include scattered clumps and stands of willows. This swath of important habitat furnishes water, food and shelter for elk and deer that move about within the natural freedom of the entire Knoll-Willows Properties, as well as for beaver and other fauna (Spowart, supra).

From MacGregor Avenue this has been a captivating viewing area from outside The Properties to watch elk in their natural habitat throughout the seasons of the year. It has been an especially attractive area for viewers to catch glimpses of cow elk birthing their calves in the spring (May and June). Calves are known to have been birthed there last year (2000) and at least four calves (possibly 5-7) are known to have been birthed there during the spring of 2001.

The eastern margins of this narrow riparian valley blends into the ponderosa tree covered slopes of The Knoll proper. The old log cabin and stone ruin archaeological sites lend visual mystery and a glimpse into the historic past of early Estes Park (1904- 1908). This is the only place within town that such a preserved site exists.

The rocky cliffs and meadowland slope of the south margins of the Knoll-Willows furnish from Town a natural visual and aesthetic end point to the cultural busyness of the almost continuous parking lots that bound the south side of The Properties.

The rise of the Knoll-Willows Properties furnishes a premium natural landscape vista for people entering the Town core or Stanley Village from along US Highway 36, from its intersection with Highway 7 to its intersection with Highway 34. The Town of Estes Park has designated this viewshed as one of several “which must be protected from any

61

a.

Historic

development”

of

much coming

The

the

the out

of three

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late The

any of construction

I left house where

Carl

estate When

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years.

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above “ruins”

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on

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at

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the the

fireplace December21

1907, was

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born

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base

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place Historic

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mason

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of

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nights

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young the

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Birch

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fireplace—with

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heavy

smoke.

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note:

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the

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house

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when

used

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did

years,

just

there

started 89

(Letter

fire-box

a

on

for

it

stay

at

Trail

(ibid):

built

trapdoor

cabin

get

being

was

on

before

the

the

4 to

two

he

man.

because know that

up

inches

stagger

May

and

back

and

find

Gazette).

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a

edges

cliff

dated

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p.8,

burned

or

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real

so

full

summer.

built

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nails

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10,

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Stanley

July

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31,

62 in I dropped the trapdoor, grabbed a pair of overalls, a pair of cowboy boots and a hat and ajacket, ran out on my porch and started yelling at the top of my voice for help. There was no fire department in those early days; but men down on the main street heard me and ran up to the house as quickly as they could. It was too late to do any good; and the place burned. It took all the rest of the night to be demolished.

It would have been a very expensive proposition to rebuild the house; and I could not live up there enough to attempt the expense.

Two weeks after the fire (Hampton’s note: January, 1907), I started building the little “Swiss Chalet” type log house which is just below and a block or so north of the ruins. That was 61 years ago. I built every stick of the new cabin alone (except for the brick chimney, which I was not expert enough to build).

I had to go out on the road with shows so much in the next year that all I could do was to board the cabin up... .My land, at that time, ran up to within six or eight feet of the top of the ridge on which the stone house stood. I got after Mr. Stanley to sell me another strip behind mine, ten feet wide. HE WAS LOATHE TO SELL ANY PROPERTY OUT TN FRONT OF THE STANLEY HOTEL SITE, BUT HE FINALLY DID. (Cap emphasis by Hampton.) In time I got after him to sell me another 10 foot strip. There was a deal he wanted to put over with The Denver Post, but couldn’t make it. I had in the meantime gone to work for The Post and had close connections with Mr. F. G. Bonfils, one of the two owners of The Post. I took Mr. Stanley in to see Mr. Bonfils, and finally got the deal across that Mr. Stanley wanted. In appreciation he sold me the second 10-foot strip I wanted — taking my property up over the top of the rise (Hampton’s note: but downslope out ofF. 0. Stanley’s view corridor from the Stanley Hotel)....

In Birch’s own words, “I did every editorial job on the Post from police reporter to acting managing editor (ibid). At a time when Birch was promotional director for The Denver post and Helen Bonfils was principal owner (after her father F. G. Bonfils died), she started the series of Denver Post free summer operas in the marble-columned outdoor stage at Cheesman Park. Helen Bonfils turned production over to Birch who would come to the quiet solitude of his log cabin in The Willows. There he rewrote the operas for the Denver stage and planned rather innovative stage settings which he would then produce. b) The William “Miner Bill” Currence cabin on The Willows

63 In an Estes Park Area Museum program about mining in the Park and Miner Bill Currence, Bob Haines stated that Miner Bill had a tiny cabin “right in there” at the base of the cliff below the Al Birch stone ruins. Haines reported finding this out from Ted Scott “whom you all know” who worked at the Post Office and reportedly (when he was 14 years old) delivered groceries to Miner Bill at this address in 1918 (from a Museum program by Bob Haines entitled, “Miner Bill Currence”, April 18, 1991. A superficial surface survey has not located the remains of such a cabin.

3.6 Adjacent Land Use (Figure 1, APPENDIX A)

Surrounding lands are primarily commercially used and privately owned. In addition, the Town of Estes Park owns and operates the Municipal Building at the southwest corner of The Knoll-Willows Properties and adjoining on the east (along the south boundary of the Knoll- Willows) the single largest parking area in town. The Town is in the process of purchasing by lease/purchase contract a parcel of vacant land adjacent on the north side of the Safeway store. This parcel is zoned CO. Past considered uses for this parcel have included a new municipal building, post office, and fire station.

PUBLIC DESIRE FOR TOWN TO OWN AND TO DEDICATE THE KNOLL- WILLOWS NATURAL OPEN SPACE AND HISTORIC SITE AS A CONSERVATION AREA WITH APPROPRIATE PUBLIC USE

4.1 EPURA Citizen Poll, Knoll Property (1995)

In early 1995, EPURA conducted a public opinion survey entitled, “Should the Knoll be purchased for the community?” A brochure was mailed out to the 3,454 registered voters in Estes Park along with a post card to be returned with a “Yes”, “No”, or “Maybe” answer and room for written comments.

On the brochure that accompanied the voting ballot, it was stated that the “purchase of the property for public use will: • Ensure that development is sensitive to and protective of the physical and downtown environment. • Save it for the future. • Provide for needed public use amenities and services. • Enhance the sense of community identity and maintain a high quality entrance to Estes Park.”

The brochure further described the Knoll property as containing 13 acres of open land opposite The Stanley Hotel, located on the south side of Bypass 34 and zoned as outlying commercial (CO). In 1991 EPURA had purchased a little more than four acres of the Knoll property as a buffer to proposed commercial development on the property. The total cost of

64 the remaining nine acres was stated to be $1,350,000, including cost of the land and interest, with yearly payment of $135,000 over a 10-year period. The costs have since been revised to be a total of $1,099,369.14 in six annual payments with three more payments due (including that for the year 2001) of $119, 230.12.

The brochure further stated that the “Selected uses on this primary entry into town would be designated to be compatible with the natural setting of the total area of 13 acres. These uses include: Currently owned open space 4 acres Additional open space 4 acres Clustered areas of parking 2.5 acres Public facility(ies) 2.5 acres

On a “yes, no, or maybe” single answer ballot to purchase (for all of the seven reasons stated in the brochure), the results came back: Yes 1,199 82.8% No 244 16.9%

Maybe 1 Returned with no response 3 Undeliverable 423 54% Total Returned 1,870 61% return on delivered brochures

The results of the response gave EPURA a mandate to purchase the property for public uses. Analysis of the 92 individual voting cards with a “yes”, “no”, or “maybe” answer that also had written comments, revealed that at least the respondents who wrote comments wanted EPURA to purchase the Knoll to protect it from the possibility of commercial development and to preserve the already natural open space with no parking lots.

The only groupings of written comments on the voting cards that had statistical validity to indicate what at least those voters specifically wanted were comments for preservation of the natural open space and/or comments for no parking lots. Other comments covered a broad range of subjects, with no statistical groupings.

Of 67 cards with “yes” vote for purchase there were 22 comments in favor of purchase for use as open space and six for no parking lots. One card noted: “amphitheater and performing arts center and parking.” Two comments noted please place parking lot on south side near town so people on north side cannot see it.

On 25 “no” votes to purchase but which also had written comments, two comments were “no” to purchase “unless the land is kept as open space only”. One vote was no to purchase - “Leave it undeveloped”, and yet another comment on a “no” purchase vote was “No to parking on open space.”

Only one “maybe” vote was cast. The written comment on that card was, “Buy it but not for a parking lot; use it as open space! !“

65

Book 24,

During The

During of

One

the

(APPENDIX public

Concurrently, known

from In with

set other Town

payments,

In

scientific 4.3

be

that

the July

As was

into

“the the

annually A

“that sentiment 4.2

In

signatories

decision

addition

late

recognition

in

forth

of

natural

2001.

Knoll

best

signature

time,

between

set made

30,

Knoll.”

a

fee

people

Knoll-Willows

aspects

III

this

Govemment/EPURA

the

EPURA

growing

January,

control

historical

June

the

of

interests

2003.

on

is

simple

on

field

Knoll

and

title

writing

of

these

on

$1,099,369.14

open

being

period

to was

each

July

in

approximately

the

was

A

H)

EPURA

July

makes

organizing

sheets

is

signature

will

and

data of

Estes

organization

Knoll

February public

made

“Lease/Option

Property

two

obligated

space

This

Town’s

sheet

30

archaeological

put

of the

commenced.

of

(June

30,

pass

the

about

the

of

books

late

for

Park a

together.

public

Conservancy

was

that

Purchase

and

1997,

and were

strong

best

ownershzp. each

Town.

by

sheets

27,

these

February

elected,

The

and

should

will

the

and

Urban

to

a

Beefit

historic

warranty

will

way

200

2001)

public

opinion

year,

informally

and

to

of

invest

natural

statement

March

Knoll-Willows

3100

have

“(Hampton’s

800

with

be

to

approximately

be

more

to

sites

staff

be

Renewal

Corporation,

appointed

Purchase

followed

followed

EPURA

through

ensure

presented

from

opinion

sites

been

an

signatures

the

in

Signature

expressed

deed

of

aspects

on

concerning

signatures

public

additional

circulated

mission

2001,

from

on

Town

the

invested,

to

that

funds

May,

has by

the

poll;

Agreement”,

by

and

properties,

either

italics).

of

to

the

Conservancy

ownership.

the

have

a

40

no

the

visitors

five

in

Knoll-Willows

Sheet

invested

the

the

of

sixth

administrative

were

not

be

public

3

$341,678.78.

the

the

Knoll-Willows

development

members

and

owner.

100

including

The

EPURA

subsequent

Knoll-Willows

Board

been

used

a

conservation

aforementioned

s

and

added.

petition. made

signatures

from

Knoll-Willows

(February

reference

for

$757,

dated

to

complied

Public

final

of

An

and

the

to

purchase

or

available

the

interest,

Trustees

Signatures

furnish initial

the

690.36

Properties.

April

payments

preservation

will

payment

officials,

commencing

Upon

The

Estes

ownership

Conservancy

were research

-

Town

issue.

Properties

into

May

occur

rapid

payment

1,

the

at

survey

positive

Valley

completion

at for

toward

accumulated, Conservancy

1997,

Book

6%

their

of

2001)

and

a

9.29

continue

of

citizen

that

positive

decision

on

$103,210.54

per

$119,230.12,

in

is

to and

the

and

meeting

the

historical

was

I

and

acres

of

is

input

the

perpetuity

was

and

gather

annum.

property

contrary

$400,000.00

perusal.

the

purchase

beyond.

of

the

ultimate

entered

to

response

was

Book

formed

known

to

the

clearly

2,300

flow

two

on

both

the

and

made,

At

on

July

of

II.

due

to

will

in.

of

66 as Data were communicated to Town GovernmentlEPURA staff: one information presentation was made before the Estes Valley Planning Commission (date February 20, 2001), as well as at an EPURA sunrise public input study session (date February 21, 2001). Small informal study sessions and review of current data have continued since February.

4.4 Town Groups Endorse Natural Open Space and Historic Site Preservation

From March to July, 2001, the Estes Park League of Women Voters, the Estes Valley Improvement Association, the Association for Responsible Development and the Estes Park Lions Club endorsed the Knoll-Willows Conservancy Mission to protect in perpetuity the Knoll-Willows Properties as natural open space and historic site for education and research. The Kiwanis Club wrote a letter to the Knoll-Willows Conservancy (April 12, 2001) offering support for the “mission.”

5 REFERENCES CITED

5.3 Estes Valley Zoning Map 5.4 Estes Valley Development Code 5.5 Stanley Historic District Master Plan (January 11, 1994) 5.6 Larimer County Land Use Code

6 APPENDIX A: Figure 1: Aerial photograph base with the Knoll-Willows Properties overprint and adjoining properties

7 APPENDIX B: Figure 2: Topographic Contours on aerial photograph base with Knoll- Willows Properties

8 APPENDiX C: Estes Park Community Profile, dated 1998

9 APPENDIX D: Plant List by Barn Bermier

10 APPENDIX E: Wetland Delineation of The Burch!Bickle Site, Estes Park, Colorado (1989) by Tom R. Cottrell M.S., Ecologist, Ph.d.Candidate

11 APPENDIX F: Larimer County Wetland Definition 8.25 from the Larimer County Land Use Code

12 APPENDIX G: Bird List, Knoll-Willows Properties by Scott Rashid

13 APPENDIX H: The Knoll-Willows Conservancy Signature Sheets

APPENDIX I: Town Groups Endorse Natural Open Space and Historic Site Preservation

67 (

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at

ridden

or

guide

Property.

from

set

Camping

at

to

imposed

permitted

itself

or

constructed

use

AND

large

of

to

any

public

herein

to

existing

approval

the

convey

on

placed

signs,

have

its

apply

uses.

to

Town’s

USES;

the

other

“off

to

with

the

any

and

on the

on

by

the or V •

decisions

of development participation

consultants

desirability

Property:

improvements

The proposed

pursuant are enlargements both

Improvements

any

compact selected

Bypass). adjacent located

the curbed,

mountain planning parking

connection

found of

Property handicapped—accessible facilitate lying constructed necessary

marshes

improvements

kiosks, and and

idicape the

guardrails,

trash associated

the improvements

the

planning

with

environmental (ii)

parking “overlooks”,

designs

to desirability

to north of

and

reccles.

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of

area

on (“Permitted

guttered

lot subparagraph of

and

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to a

process bike

be respect or the

itself. The

(and

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(A)

must (B)

and

constructing

Parcel small—scale (C)

(D)

between

Town

limited

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the

with

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desirable

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on

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of

ramps, process. benches, lot

Master

for

planning

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parking

trail

to

other proper

A

A

the

the

include Bridges,

not Structures

right—of--way

and

staff

single

and/or pedestrian, trails (any

shall any to (if the

weather

1

may

Trails, and

Page

natural affect

impact

downtown

U.S.

recreational

Property

Improvements”) more

of weather

system

the the

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improvements)

a

Permitted Property.

4(g)

by

such

lot, and

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and

design

process and

public the

parking

also

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standards 5 the parking

lighted, such

Highway desirability Stanley

Town.

“overlooks” than

constructed

contemplated may

natural

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design

hereof.

or outside

water

having

parking

Property

if

to

following

monitoring

Estes

include

may

of

as horseback

portions

of include

one

toilet

any,

provide

may comment

as

lot

Improvements

lot

U.S.

passive picnic

Historic

The

34 such enjoyment be

bodies.

as

concepts

as watercourses,

minimal

viewing

(1)

Park,

during professional

consider on

may lot

is

Bypass

In built

occupying

information immediately determined

development

process

deemed

and

adjacent Highway

on Permitted

and the

types the

acre

constructed),

an

by

considering

thereof,

and

to

be stations, tables

and

park

the Parcel

similar

off—road

Town District design

the to

visual platforms be

paved,

for

and of

input.

the

of

which

of

uses 34

the

a to

and

any

to

by

1

of

ruins

maintain

monuments

maintain

improve,

governing the

and

take

appropriate. permitted;

of Public

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the

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environmental

reasonable

by

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modifications

concepts provisions

desirability

use

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revised

in

reasonable

consistent

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Town

accordance design planning

be

improvements and

located

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access

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any revising

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repair

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consistent

on

retention

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(g)

(f)

(e)

only

(d)

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(c)

provided,

Town’s

case,

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constructed

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on

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Town

Town

Town

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(iv)

(iii)

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whether

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impacts

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activity contemplated

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planning Master

purpose

design

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have

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Town

shall

time

its

Page

displays

establish

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development

an

Plan

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6

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the

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existing

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designs

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the

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to Permitted

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the

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right

right

the

weight

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carried

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subparagraph

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the

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Agreement.

construct

natural

the

to

obligation

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Plan

Master

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storm regulations

Permitted

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contemplated

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in

the

minimize

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4

and

4(g))

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(b).

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Town

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in

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UndergrQfl on over on water maintenance. natural this enlarge5 and/or Agreeme resPonsibi1±t be other existing the regujr assessments to for members or the and law, person, action penalties, Parties”) any limitation Unless occurring any above; specified any Property. hazardous or of

the the

solely maintenance be

persons this

Property the Property. permitted way the of act, Agreeme

5.

shall 6.

retention

things,

solely

Property, Property, maintenance

the due Condition (iii)

same.

related claims Property; Agreement; or

obligatj0 to

off omission Ec’.ETED. RESPoNSIBILITIES (h) is (i) responsible

harniess (a) (b) on or in

physjcj Costs, indemnify, Solely under Indemnified For

pay levied

reasbnable icers,

or not

responsible

Paragraph or toxic the

thjs Town, assignees Town All shall on

of Trust

the facilities improvements

any

demands to: about whether and

intended

costs the Promptly Trust,

the losses, provided to of areas

agajn5 shall directors, from may condjtjo purpose substances or

of taxes or

damage may be Other

shall

the direction (i) the

for Property. defend the

(iv) As Town

its

attorneyls Parties; Construct and 3 reclaimed

and by grant (collectjveiy disturbed

or apply

for or negligefl0 Injury and Permitted

to payment between or Town, damages, Property,

and OF than following the have Successors

to Town the expenses Page of

as i

agais that under

impose the assessments

subparagrp5 TOW

and employees or any appropriate this on, Utiijt to: owner any Property.

presence or as

no to to or

7 (ii)

Upkeep

other all and and

of Town hold Property, fees, under by control AND Subparagraph way specified

the obligat0 or expenses paragraph third_parties Improvements any

any or regar5 of such of all

maintain the Utility the restored

the

TRUST lInes to and will Trust extent matter the including, Trust intentional

the legal and Town and arising or or

taxes On agents, obligatj05 construction construction affect If

death utiJ.fty of

Trust,

“Indemnified release 5(a) about Property.

maintenance reimburse its all resulting

permitted herein, NOT

Trust shall and causes Town in install

or

alloq for related Utjljt hazardous to

and

of

4(g)),

interest

of from liabilities, enforcement and

any other (and

contractors its

the their Town the without cause of shall easements

is Continue

any by acts

of 5(b)

this

or

other

Trust ever by Upkeep

to from Town ion8 lInes by storm Among or shall

of

in of be or

in

or .

waiver Agreement Agreement without this Trust. Agreement forbearance that enforcement, borne Town, Town’s values. hereafter A attorneys’ to Trust’s mediation in mutually the violation cumulative obtain action. days), dispute. dispute difference. why achieved agree Town purpose condition restore Upon prevent increase or the the it that toxic

court

seeking recover

believes

(b)

Property

the Property terms

Agreement

Trust 9.

8.

receipt

in 7. is

by

including,

to

substances

by

violation

an Trust

provide

limitation,

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within

alleged the writing

of and regulated

Town

meet If acceptable or at

RcJST.’s Trust by

in or

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injunction is described

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any and

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QRcE1E1MENT

by

also a expand the Property

is correct

Town the

was

in

to may,

imminent, If

of as

unless

enforce

court

as purposes

Trust

shall

acted

damages

shall

a

shall

a a

of which

and

meeting, its violation a provided

such of

event

not Without of

described

reasonable

issue written violation, soon

shall

shall DISCRETION

at resolution

under

such

at

the

the

attorneys’ the any

condition with mediator

Should

in

or

be to

entitled a

in

be

to

its discontinue written to

event the

law

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of

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exists, alleged clause nature require of mean

term not

exercise at bad terms costs

in top

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any

limitation,

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jurisdjctjo both possible

explanation

in

any

terms

or

order

should Violations.

this

Page the

addition loss mediation in

be

Town’s

faith

time

condition Trust

subparagraph

federal1 any

or

with

in

it, to

of notice,

breach

to of of

prior this

parties

of

shall

(b)

deemed discretion Enforcement

fees,

or violation

Agreement.

correction

of 8

of

of equity, to

attempt this

hazardous

its Any any this restoration

temporarily

any be the

(not

jurisdiction in

has

to

above

shall

any

costs

this scenic paragraph

require

to

to

permitted.

have

of rights part

shall seeking

costs costs

take activity fail difference resolve to Town

alleged

state,

or

Agreement,

determines occurred, to prior

agree

subsequent

all the

If

any

Agreement

including

to Trust occurs,

immediately

construed

of

exceed during

2(b) the

of

of

or

to

appropriate

shall Trust of

or

of be

of

remedies incurred violation. Town

resolve

Trust

under term

suit,

to to

or

Trust,

the to necessitated

environmental 7 resolve or

this

violation. violations

right toxic

the borne

suit

that

of

for

determines

shall meet

the

local

enforce

Permanently. to Trust the sixty cannot both

If either finds

of requested

shall

that

the may

breach

this terms

including, against the

the

to

and

restore

could the the violation

to

substance

this

and by

by now

with

notify

be

the parties

reason

enter

law.

be

right may

a

legal what

(60)

be

Trust

be

(a)

any of this

or

of

of a

a

by Q

the discover Trust’s waiver. shall exercise this Property movement any including, causes. signjfjc emergency prior unreasonably public and transfer Revised time Agreement assignee 170(h) purposes Trust the transfer federal Agreemen requjree document third is provisions conveyance the third all be If Values to Property court,

same to action

heard, a maintain assign

responsibj1±t

Agreement 10. Town

11. interested of

12. impair

court 13. Written

ever party, be party

agency of

rights

upon intended Statutes transfer, or or of a

resulting or the

agency the that the of a herein. Conditions have TRANSFER

the

±NTHE to violation

Without against CHANGE

its

state shall any any

hereof complies with from determines injury

such will The conveyance grantee

any withheld, application conservation

Trustts another Town subject

approval or U.S.

agrees under

shall

changed rights

other yQDTOWNtS right

parties

or

failure any jurisdjctj0 to signifjc private

Secs. cease law, right not OF

is

shall relating Town from to limitation OF

Internal imposed organjzatj0

be

this or with be shall prudent CIRCtJMSTANCEs. to

a qua1jfie rights to term of or

invalidate the RIGHTS

and

a

that preserved so Trust of

to 38-30.5_lOj “qualified delay shall or construed prevent, causes for have

assume court notify a remedy of

of nonprofit

Agreement

the Property much Town, obligatjo5 easement

exist PROPERTY of permitted remedy nevertheless

on

Town to any

conditions either Page9 Revenue

and

CONTROL action AND been amount shall

this or provisions expressly

Trust with

the beyond fire, following that

the organjzaj0 Upon Trust

injury Which

or expressly obligatjo5 Omission the to abate, OBLIGATIONS. by

or to

afforded

organizaj0 Agreement

rights resulting have Town created organizatj0 no responsibj1t jurisdjctjo

comply

TERMINATION taken

this of it Code, by et

transfer be any conveyance entitle flood,

Any No in Town’s

hereunder shall

longer Nothing to has on the

this

refer construed be

or the or

breach writing, failure hereof),

a Agreerne

time by

or and by

or

and agrees

with bound mitigate hearing an become by Trust, Conserratjon

storm, not right

Agreeme and having under Trust or

Trust Town control, change from surrounding

gua1jfj5

by to

obligatj5 oPportunity this under

the

contained

With

of by this

OF (provided be to under that, only shall of Town this by

to

as and but under such may to impossible

this any Town Property in to AGREEMENT and at Agreement any

similar Trust

the in

the the assume Colorado

a notice

if the the to bring the which

Sec. at

of

the earth

under

the If

any in

the the

to

the of to meaning modification Agreement. terminate Trust desirable promptly purposes. provisions purposes the Town provision the circumstances the duration Colorado amendment the status created Trust conservation shall the ambiguities Colorado. County, Section of shall other instrument concerning if “qualified sent

interpreted

a

such

real

District status following land

as party 14. by 15. 17. 18. 16.

may

be successors also consent

of

by a of a Colorado. 170(h) first

property Revised

of of

in in following

AMENDMENT. the 1TRISDICTION. the to

amend NOTICES. shall PERPETUAL

of change INTERPRETATION. “qualified

this of conservation” signed Section has this

apply so

writing perpetuity. this this under

and

preserve

of

easements this Court

Trust that conservation conservation

addresses, to as

class

of been

be this the Agreement Agreement

questions

Agreement. Agreement;

Statutes, personal to to

of as

by

Agreement the

records the

made

render

170(h) If for

its

terms

as mail Any DURATION. give their their notified

address: and

Agreement

both conservation”

or In

Code;

a

laws

under an Larimer

execution

that

notices court

shall

the enhance

maximum Any easement

This to

or

an of of of

organization

respective of of shall shall jurisdiction

interests

Page

easement

easement Secs.

This

of

or Town that at

(c)

mediation them, this appropriate the event shall

all Lariner the

in

Agreement

action,

be Colorado,

by

The County,

a

(d)

10

be Agreement take

writing

be required

Code;

validity its applicable 38—30.5—101,

personally applies and effect subsequent and

means Agreement

and

provided

of contribution

affect conservation inconsistent

a

(a)

created

created

may

purposes,

place

County, Trust delivery. agents, servitude

unexpected

its

it

adversely

eligible

or Colorado-.-.

in

(b)

of

resolving to

by shall

appear.

amendment

will

to

by

contribution

the Larimer arbitration

of

shall

a adversely

in the respectively its

by hereby

that necessary

Town laws,

this delivered changed

written

Colorado specific

assigns

perpetual et take Larimer

be

this

Town

conservation running

other

within

with to

be easement

Every

affect no

seq.

recorded Agreement

or

Town

including County,

any

hold to

place as

and

such

Trust

address

affect

the

party

and

or or a

and

to

by the

with

and

the

at

in

or all

in .

good described, subject and all Agreement. claiming reservation

the prior respect Agreement, thereto, provisions provision which circumstance, not have upon

are

result

by enter

obligations 2002. assigns,

its hereby

claims

entire

be

not

and 19.

20.

21.

been

construction

22. TO

agreements,

it

into

affected

Board in

to

to

a

HAVE sufficient

by,

all

TOWN: is

TRUST:

TOWN’S

forever. ACCEPTANCE.

GENERAL

to

(a) part

inserted AUTHORIZATION. (b) a

(c) restrictions, promises that free (d)

agreement the

of or

this

the

found

forfeiture

created

through,

of persons

AND of

the this is

Entire subject

Severability.

Captions. No of

may and

rights

which

thereby.

Agreement

Directors TITLE

found

TO

PROVISIONS.

arrangements

application to

this or Forfeiture.

Agreement,

solely

title clear to be

HOLD hereby,

and

be or

interpretation.

or

P.O. Town Attention: Agreement. Estes

P.O. Estes Estes

are

WARRANTY.

made defend

Trust

and

matter

to

instrument or

circumstances

invalid,

under easements

understanding

this to of

merged

be

The

for

Trust reversion

by on

responsibilities Box of

Box

Page

against

Park, Valley

Park,

the unto all

hereby

invalid,

virtue

the

title

Estes hereof

thereof or If

captions

convenience

Agreement,

Town.

1200

and

663

Nothing

11

is Property

liens

herein.

any the as

Town

Trust,

Town CO This

Co

and

and

/6”

understanding Land

authorized

to the

accepts Park

the

of

of

provision and

application

80517

to the 80517

other

shall

warrants

the and covenants

Agreement Administrator

of

in

title contained

a

same

Trust

case

day

its

supersedes

any

resolution

and as

the

remainder

this

of

Property encumbrances,

without

conveyed

than

have

of herein

successors by

person

may

reference

the in

parties

to

of Agreement

that

any

Pf2(’/1l

any

of

relating sets

of be, those

no herein

accept

rights

this

person record, against

all

of or

such

effect

respect.

adopted

it

by

shall

with

forth

the as

and

has

and

this

will

and

and

to

TRUST:

Agreement,

above

IN

written,

WITNESS

Secretary

to

be

arid

notwithstanding

WHEREOF,

effective

a

ESTES

By:

TOWN

Town

a

Page

Colorado

Colorado as

______

OF

of

and

VALLEY

12

the

ESTES

the

Trust

President

Mayo

actual

nonprofit

municipal

day

LAND

PARK

have

and

date

TRUST,

year

executed

corporation

corporation

of

execution.

first this STATE OF ) o/oado ss: COUNTY OF Lar-en’ie.- The foregoing instrment was acknowleded before me this I9tday of r1L , 2002 by \JOhfl ud&k as Mayor, and Vic..k,t Q’or\ncf, as Town Clerk of the Town of Estes Park, a Colorado municipal corporation.

Witness my hand and off ic,

My commission expires:

OF COLORADO STATE ss: COUNTY OF LARIMER The foregoing instrument was acknowledged before me this Y day of ijU’ , 2002 by James V. White, as Vice President, and by Kenneth R. Oldham, as Vice President and Assistant Secretary, of Estes Valley Land Trust, a Colorado nonprofit corporation.

Witness my hand and

My commission expires: 2123 I2flfl

Page 13 EXHIBIT A TO OPEN SPACE AGREEMENT FRON ‘/ TOWN OF ESTES PARK \ I2 ESTES VALLEY LAND TRUST

Parcel 1: Lot 2, Stanley Knoll Subdivision of Tract 2, Stanley Addition to the Town of Estes Park, County of Larimer, State of Colorado.

Parcel 2: Lot 1, STANLEY KNOLL SUBDIVISION OF TRACT 2, STANLEY ADDITION to the Town of Estes Park, County of Laritner, State of Colorado. Parcel 3: Lots 1 and 2, Block 11, in the Town of Estes Park, as shown by the Second Amended Plat of said Town, County of Larimer, State of Colorado. Block 2, BIRCH ADDITION, County of Larimer, State of Colorado Lot 2, “BIRCH RESUBDIVISION” of Block 1, Birch Addition to the Town of Estes Park, Colorado, and Block 12 of the Second Amended Plat of the Town of Estes Park, County of Larimer, State of Colorado. Parcel 4: Lot 1, Birch Resubdivision of Block 1, Birch Addition to the Town of Estes Park, Colorado, and Block 12 of the Second Amended Plat of the Town of Estes Park, Colorado, County of Larimer, State of Colorado.

Parcel 5. Lot 3, STANLEY KNOLL SUBDIVISION OF TRACT 2, STANLEY ADDITION to the Town of Estes Park, County of Larimer, State of Colorado.

,-• bporttoo of SKt1o. 25, Tmsh ip S North, Rag4 73 West of the Pipal . Merioan in the Countyof Lariar, Stat. o1 Coloredo dscrib.d as fo11s: Considering tlii Northerly lin, of Elkhoro Avenue(60 feet wide) asshom on the $.econdkn*nded Platof the Townof Estes Park in Section 25 Tchip 5 North Range 73 West filed Arfl 8, 1908 in Book3 of Plats at page 17 records of said County as bearing Nortii 7Z’17’ East aM with aU bearings contained herein re

lative thereto: V

Beginning at the Southwest Corner of Lot 16 ofBlock 11 of the Townof Estes Park V according to said Secondkand.ed Put; thenc. along said Northerly line of Elkhorn AveiweNoth ?D17’ East 577.30 feet to the Southerly prolongation of the Easterly line of that certain parcel of land described in deed recorded DecSer 10, 1931 In Book617, page 213 records of said Countyi thence along said prolongation and Easterly line North 17’43’ West 342.3.2feet to the true, point of beginning said true point of beginning being the Scut.heast corner of said Tract UI, said true .oint of beg1nntng also being on the Northerly line of.s.aid parcel of land describ ed In deed recorded in Bock 617, page 213;thence North 17’43’ blest 42.68 feet; thence South 80’Zl’ West 89.00 feet;th.enc. South 6626’ West154.85 feet; thence North 8892’ West 75.98 feat to the Easterly ho, of Birch Addition to the Townof Estes Park; thence along said Easterly line South.Q11’ East 60.12 feet to the Sout easterly corner of said Birch Addition; thence along the Southerly prolonga tion of said Easterly line South 09l East 6.12 feet to the Northerly line of said land &scrlbed 1 deed recorded In hok 7, page 213; thence along said Northerly line the followfng coures aM distances: North 70’50’•East 59.90 feet; thence North 6898’ East 69.00 feet; thanc.aNorth 645.8’ East 38.74 feet; thance North 73?O0’East 76,13 feet; thence North 80’3l’ East 92.05 feat to the true point of

beginning. V

Lobby

Everyone

Academy

Participation

Assistant

[email protected].

this

Park

Representative

Estes an

on retained);

his

Steve

Mayor

Absent:

Also Present:

Meeting Building

Estes

Minutes

affordable

major

appreciation

evening,

/Town

during

Marlys

Don

Wes Alice

Dennis

Mary

Peter

Park

district),

Johnson

Baudek

Present:

in

Town

Park,

budget

Saucier

a

(CIA).

Hoffman

Gray

and

attendance Ellen

F.

new

Intermission.

in Plaques called

of

PoIson

Minard

of

and

Bolay

housing

Administrator

said

his called

Lundberg

a

Estes

for

bill

Garrett Larimer

and

and

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of to Board of Trustees - February 25, 2003 - Page 5

over the age of 18, and under 21. Town Attorney White explained the grounds for denial and that such would not apply in this case as the incidents were not technically crimes, and the applicant was not convicted of a felony. Mr. Andrews noted he intends to run a family operation, that the bar will be managed by an older brother, and that he intends to participate in T.l.P.S. Training. Discussion followed on the flawed application and personal history record form; confirmation that the manager is subject to the same laws as is the licensee (LABProperties, Inc.). For the record, Trustee Barker stated: ‘he is not concerned with the applicant’s age, but that his decision-making process has been called into question by the choices the applicant has made. The Town Board takes underage drinking and serving very seriously. He willvote for approval of the application not because he supports the application, but because the Board does not have the ability to say no.” Concluding all discussion, it was moved and seconded (Habecker/Newsom) the Manager Registration for Cavender Andrews be approved, with the applicant correcting and resubmitting his application and personal history form, and it passed unanimously.

6. TOWN ADMINISTRATOR’SREPORT.

Economic Indicators. Administrator Widmer distributed year-end statistics on RMNP visits, traffic counts, transfer station, and sales tax revenues. As stated previously, the downward economic trend remains a significant concern. EPURA has begun work on economic proposals and they will be presented to the Town Board in the near future.

Following completion of all agenda items, Mayor Baudek adjourned the meeting at 9:40 p.m.

51 Baudek, Mayor

Vickie O’Connor, Town Clerk