HomeMy WebLinkAboutcoa.lu.su.Bluesky
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IN THE DISTRICT COURT'
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IN AND FOR THE COUNTY OF PITKIN
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AND STATE OF COLORADO
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Civil Action No.
BLUE SKY CORPORATION,
a Colorado corporation,
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ACCEPTANCE OF SERVICE
Plaintiff,
vs.
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THE CITY OF ASPEN, a
municipal corporation;
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Defendants.
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STATE OF COLORADO )
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County of Pitkin )
I, LORRAINE GRAVES, being duly sworn, state that I
am of full age, have received a copy of- the surmnons"and,
complaint herein and am the City Clerk, of The City of Aspen
and accept service of said summons and complaint on behalf
of The City of
(0
, 1974.
DATED:
Lorraine Graves
SUBSCRIBED AND SWORN to before me this
day of
, 1974.
My Con~ission Expires:
Notary Public
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No. 195CA. Re,'. '73 SUMM<?NS!NCIVl!-:,~_C'tIoN.~nrrHHofd l'ublbhirigCo..1824-4G Stou.: Strc('t, D~'n\'\:r. Colorauo (5i3-5Qll.,.-4-i-1
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IN THE.....1l1.8TRI.cT......COURT
IN AND FOR
................,...COUNTY OF.......r.:J:1.!5JJL...............
AND STATE OF COLORADO
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Civil Action NO........Wmhu.hw.....mh_ Div..n..___m.m4 jj
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BLUE SKY CORPORA'rION,
a Colorado corporation,
Plaintiff..........,
SUMMONS
vs.
THE CITY OF ASPEN, a municipal
corporation; THECI'l'Y OF ASPEN
PLANNING CO~lISSION; JANET LANDRY,
BRH.N JOHNSTON, SPENCER SCHIFFfR,
BRUCE GILLIS, ",GERAL Dr NE VAGNEUJ
and JACK JENKINS, as members
thereof, Defendant..a.......'
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You ,are hereby summoned and required to file v.ith the clerk a,,'l.answer to the complaint within
20 days after service of this summons upon you. If you fail so to do, judgment by default will be taken II
against you for the relief demanded in the complaint.
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If service upon you is made outside the State of Colorado, or by publication, or if a copy of the !
complaint be not served upon you with this summons, you are required to file your answer to the com-
plaint within 30 day:! after service of this summons upon you.
THE PEOPLE OF THE STATE OF COLORADO
TO THE ABOVE NAMED DEFENDANTS......., GREETING:
Warning: If this summons does not contain the docket numher of the civil action, then the
complaint may not now be on file with the clerk of the court. The complaint must be filed within ten
days after the summons is served, or the action may be dismissed without notice upon your proper
request to the court. Information from the court concerning this civil action may not be available
until ten days after the summons is served.
Thisisanaction* for Injunctive Relief, Rule 10.6 (C.R.C.P.) Review,
Damages, and such Other and Further Relief as is requested in the
Complaint on file herein.
Clerk of saId Court
n.tol_~.:1::..____'192L..
By..,............................................m.m....................
Deputy Clerk
ttorney for Plaintiff
Stephen . vlare
P. O. Box 110.7
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. Address of Attorney
Aspen, Colorado 81611
Phone No~ 925-1216
(Seal of Court)
.Thi., l<urnmons i~l&$uedpul"lluant to R\llc 4, C.R.C.P.. IUS llmended.Jf the l!IummOnSl9, rmhJlshl.d<or 8crv(~d without a copy of- thecOrnplaint,
a.(ter the word "action" 6t.ntc thcreHeC demanded. It' body e.x~tionhl.oucht the summons,must 6tntc. "'rhis ill an action found~ 'Upt:lU tort."
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IN THE DISTRICT COURT
IN AND FOR THE COUNTY OF PITKIN
AND STATE OF COLORADO
Civil Action No.
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BLUE SKY CORPORATION,
a Colorado corporation,
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COMPLAINT
.. Plaintiff,
vs.
THE CITY OF ASPEN, a
municipal corporation;
THE ,CITY OF ASPEN PLANNING
CO~h~ISSIQN; JANET LANDRY,
BRIAN JOHNSTON, SPEnCER
SCHIFFER, BRUCE GILLIS,
GERALDINE VAGNEUR and
JACK JENKINS, as members
thereof,
Defendants.
PLAINTIFF, by and through its attorneys, CLARK, OATES,
AUSTIN & McGRATH, as and for acomplaintagains~ the defend~nts,
alleges and avers as follows:
FIRST CLAIM FOR RELIEF
1. Plaintiff is a corporation orgahized and, existing in
goOd standing under and.by virtue of the laws of the State of
Colorado.
2. Plaintiff is, and has at all times since January 17,'
1972, been the owner of that certain real property within the
City of Aspen, County of Pitkin, State of Colorado, known as
Lot 3, HOAG SUBDIVISION, hereinafter called the "subject property."
The subject property contains one hundred thirty three thous~nd
two hundred nineteen square feet (133,2l9~of land.
3. The Hoag Subdivision is a residential subdivision
approved by the City of Aspen on October 18, 1971, under its
then--existing subdivision regulation.
4. On or about March 1, 1972, the plaintiff made
application through the City of Aspen Planning Department for
approval of twenty-four residential condominium d,,-elling units
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on its property and \Vas referred to the City of Aspen Planning
Commission (hereafter "Planning Commission") session respecting
development of the property~
Plaintiff's project was discussed
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at a meeting of the Planning Commission ?n April 18, 1972, 'Nhich
discussion was continued to another meeting held on April 25,
1972, at which the Plaintiff \Vas requested to prepare an Ou-:line
Development Plan under the Planned Unit Development provisions
of the Aspen Municipal Code for its proposed development on the
subject property.
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1973,:
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5. During the remainder of 1972 and the spring of
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the plaintiff, utilizing the services of Tri-Co Management, Inc.,!
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prepared a preliminary subdivision plat to effect a resubdivision:
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of its property and, in addition, prepared an Outline Development:
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Plan under the Planned Unit Development provisions of the Aspen
Municipal Code, all of which were presented to the Planning
Commission at its meeting held on March 20, 1973. At that meet-
ing certain information requests and requirements \Vere made of
the plaintiff as conditions of approval of development of the
subject property.
6. Subsequent to the Planning Commission meeting of
March 20, 1973, the plaintiff had substantial co~~unication 'fiith
the City of Aspen Planning Department, resulting in the plai~tiff's
preparation of a revised site plan for the SUbject property. At
the suggestion of Donna Baer, a member of the City's Planning
Department, the plaintiff discontinued its plan to develop i-:s
property as a Planned Unit Development, and at her specific
instance and request, and in order to facilitate approval of the
project, reduced the total number of dwelling units to be placed
within the project from twenty-four (24) units to, eight (8)
units, all to be constructed in one phase of developm,~nt.
7. On October 16,1973, the plaintiff appeared before
the Planning Commission, and received, by unanimous vote of that
body, preliminary subdivision plat approval for resubdivision of
the subject property for eight (8) condominium dwelling units
under the City's Subdivision Regulations, subject to the following
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items being resolved or taken care of at the time of final lat
approval:
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(a) Planning Office acceptance of the recorded ac ess
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easements through adjacent properties. 'Book and page shoul be
on plat.
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(b) .Engineering Department approval - recommendat on
to exceed the maximum of 8% grade in the southerly access r ad.
(c) Engineering Department approval - provisions 0
assure runoff will not affect lower lots, either by storm d ains i
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or drainage easement. I
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(d) Engineering Department approval - contour map to
be provided to determine if water can be served to the lot. If
adequate pressure is not available for fire protection, a p p
and storage system will be required. Require room for the FOre
Truck to turn around.
(e) Engineering Department Approval - utilities to be
brought to the site by easement which does lease damage to
natural terrain.
(f) Language on the plat noting avalanche area.
(g) Public trail easement on private road.
8. On or about July 16, 1973, the city Council of the ity
of Aspen enacted Ordinance No. 19, Series of 1973, for the
purpose of providing.a mechanism for revie\vinq proposed cons ruc-,
tion projects not subject to the Subdivision Ordinance of th
City of Aspen. The plaintiff was informed by and relied upo
the statements of City of Aspen Planner Herb Bartel and Assistant
City Planner Donna Baer to the effect that the plaintiff's th n
proposed resubdivision and eight (8) unit project on the subj ct
property would not be affected by Ordinance No. 19.
9. On or about February 11, 1974, the City Council of t e
City of Aspen enacted Ordinance No.1 of 1974, the effect of
which was to rezone all of the south annexation to the City 0
Aspen above the elevation of 8,040 feetl1iean sea level from
Accommodations, Recreation 1 (AR-l) to Agriculture and Forest y
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A substantial portion,' approximately One Hundred
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Thousand One Htmdred Ninety {122,190) square feet,
Twenty-two
or 2.805 acres of the subject'propedy, was affected by this
legislation, reducing allowable densities on plaintiff's
property from eighty-eight (88) units, as allowed under the
previously existing AR-l classification, to seven (7) units
under the AF-l classification. Both before and after the enact-
mentof that legislation, the plaintiff relied upon statements
would not be affected by the proposed Ordinance No. 1 inasmuch
as plaintiff's project had, been in process since the spring of
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1972.
10. On or about April 16, 1974, after expending sub-
stantial sums of money for additional engineering and plat
preparation, and additional costs for legal representation,
plaintiff appeared before the Planning Commission to request
final plat approval for the resubdivision of the subject
property. The presentation, as made by the plaintiff at said
meeting, was in accordance with the requirements previously
required by the Planning Co~~ission and the req~irements,
recommendations, statements and, urgings of the City's Planning
Department. Contrary to all previous representations to plain-
tiff, the City's Planning Depart.~ent recommended denial of
plaint:iff's final plat at that meeting, the reason given being
that plaintiff's property was unsuitable for residential
habitation due to the fact that a substantial portion of it
lies within an'avalanche area.
11. The matter of snowslide or avalanche had been dis-
cussed on numerous and various occasions before the Planning
Commission" and with representatives of the City's Planning
Department, Herb Bartel and Donna Baer; plaintiff has obtained
and provided to defendants avalanche reports prepared by
recognized experts in the field at the time of preliminary plat
approval, the matter of avalanche had been discussed and the
Planning Commission and Planners Herb Bartel and Donna Baer w,ere
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satisfied that on the portion of plaintiff's property whicr. it
proposes improvements be placed, there was and is no avalanche
danger under plain::iff's proposed development 'Of the subject
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In order to satisfy the requirements of thePla~ning
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Commission, it was required that language be placed upon tte
subdivision plat to put potential purchasers on notice reciting
that portions of the site were within a possible avalanche area. '
Plaintiff proceeded in planning and expenditure of substantial
funds for development of the subject property in reliance upon
the statements, recommendations, requests, requirements, sugges-;
tions, approvals, representations, and conditions of the defend-'
ants and their agents.
12. On or about April 24, 1974, the City Council of
the City of Aspen adopted Ordinances No. 12 and 13, Series of
1974, the effect of which has been to rezone the remainder of
the plaintiff's property (that portion below the 8040 elevation
line, approximately 'ren Thonsand Nine Hundred Thirty-nine
(10,939) square feet~ from AR-l to R-6 {PUD), the effect of
which is to reduce the total permissible number of dwelling
units on the subject property yet further from seven (7) to
two (2).
13. The City Council of the City of Aspen, at its
regular meeting held on May 13, 1974, approved the action of
the City's Planning Commission respecting the subject property
and voted to deny approval of the final plat for the plaintiff's,
proposed subdivision and development.
14. .Althongh the subject property presents certain
difficulties for construction, plaintiff has adequately and
safely planned its project and the administration 'thereof after
construction, and no danger to the health, safety and welfare of,
the public ,will exist by the const;ruction and occupancy of the
development within the subdivision as proposed by;plaintif::. At'
the time plaintiff's final plat was presented for approval, there
was no legi timatebasis, in fact, or in law, for the disapproval:
of the plaintiff's project, and the action taken by the de::endants
constitutes an abuse of discretion, is in excess of their juris-
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dictions, and is arbitrary and capricious. The defendants are
obligated by la\<l to approve plaintiff's final plat and should be
ordered to so do.
15. There are no administrative remedies available to
plaintiff, and if any arguably exist, it would be a futile and
,; vain act for plaintiff to pursue them.
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16. Plaintiff has no plain, speedy and adequate remedy
at law.
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SECOND CLAIM FOR RELIEF
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1. Plaintiff incorporates herein the allegations contained
in paragraphs 1 through and including 16 of its First Claim for
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' Relief.
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2. The applicable zoning regulations as enacted by the
City Council of the City of Aspen, when taken together with the
defendant Planning Conunission's denial of plaintiff's final plat
on the ground that the site is unsuitable for residential devel-
opment because of avalanche danger, denies plain'tiff all bene'-
ficial uses of the property, and results in an unconstitutional
taking of plaintiff's property without due process of law and
without just compensation~
3. In the event that the actions of the defendants are
allowed to stand, plaintiff should be compensated in full for the
adequate value of its property.
4. The value of plaintiff's property and property rights
taken from plaintiff by defendant is One Million Dollars
($1,000,000.00).
THIRD CLAIM FOR RELIEF
1. Plaintiff incorporates herein the allegations contained
in paragraphs 1 through and including 16 of its First Claim for
Relief.
2. The legislation above referred tok if imposed upon
plaintiff's project, imposes l.mreasonable and unconstitutional
restrictions upon plaintiff's use of its property, which restric-
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i tions are not reasonably or necessarily required for, or related
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to, the health, safety and welfare of the public.
The legis-
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lation, therefore, has been applied to plaintiff's project in
, ,violation of the state and federal constitutions.
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FOURTH CLAIM FOR RELIEF
1. Plai~tiff incorporates herein the allegations contained
in paragraphs 1 through and including 16 of its First Claim for
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Relief.
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2.
The legislation above referred to is predicated upon
and will have the effect of promoting certain restrictive and
exclusionary purposes, among these to limit numerically the
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population of the City of Aspen; to freeze, insofar as possible,'
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the population of the City of Aspen at present levels; to refuse
to assimilate the City of Aspen's fair share of natural popula-
tion growth within the region, the State of Colorado and the
United States of America; and to exclude from the City of Aspen
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all those citizens of the United States who are not members of
the highest economic class. By reason of the aforesaid purpose
and effect, said legislation consti'cu~:es a denial of the equal
protection of the laws in violation of Article 2, Sections 3, 6,
15 and 25, Constitution of Colorado, and Amendment XIV of the
United States Constitution.
WHEREFORE, plaintiff prays for judgment against defendants
as follo"Ts:
1. That the defendants have exceeded their jurisdiction or
abused their discretion and, as a result thereOf, the disapproval
of plaintiff's project 'should be set aside; or,
2. Alternatively, for a declaratory judgment and decree
that the following ordinances of the City of Aspen are unconsti-
tutional as applied to plaintiff's project and are generally
unconstitutional, void and illegal:
(a) Ordinance 19, Series of 1973.
(b) Ordinance 1, Series of 1974.
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(c) Ordinance 12, Series of 1974.
(d) Ordinance 13, Series of 1974.
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3. Or, alternatively, for adE!claratory judgment and
decree that the ordinances referred to in paragraph 1 of this
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prayer clause, as applied to plaintiff's present application
for subdivision, are specifically unconstitutional, void and
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unenforceable, and
4. That the defendants be temporarily, during the pendency
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of this action, and afterwards permanently enjoined and
restrained from enforcing the legislation referred to in para-
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graph lof this prayer clause against plaintiff, plaintiff's
lands or plaintiff's successors in interest in said lands, or
5. Alternatively, against the defendant city of Aspen
,for compensation and damages (in inverSE! condemnation) in the
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sum of One Million Dollars ($1,000,000.00) as compensation for
the value of the land and property rights taken from the
plaintiff,and
6,. For interest, costs and such other and further relief
as
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ATTORNE FOR PLAINTIFF
P. O. B x 1107
Aspen, Colorado 81611
Phone No. 925-1216
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PLAINTIFF'S ADDRESS:
P. O. Box 25
Woody Creek, Colorado 81656
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Regular Heeti.
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Aspen City Council
Hay 13, 1974
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pasture and grazing land. . Suggestion was made by Parks and Recreation DireG=or
Armstrong that a passive picnic area be created behind the seventh tee at. the gc;.lf
course.
Councilman Breasted:IDoved to recommend
1; ,previously. conunitte~ for pasture land.
.' favor, mot~ on carr1ed.
1'1 BLUE SKY APPEAL
to the City Manager, that the area be useu as
Seconded by Councilwoman Markalunas~ All in
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Mr. Leonard Oate"s was, present on reque~t made to the Planning Office, respect:..ng the
recommendation for denial of the final plat of the' Blue Sky SUbdivision and asking
that the City Council reverse the P &Z 'Commission decision on the grounds Y1~t
the action was arbitrary and capricious. Blue Sky had substa~tially relied en ~he
conceptual approval of the subdivision but had been denied on the final. ,Nr. Cates
gave a brief history of the subdivis~bn,statingthat a memo from DOhna Baer (sub-
mitted to Council) he ,did not feel, was a fair representation, several facts ~eing
omrnitted. The Hoag Subdivision wa~ approved on October 18, 1972, no mention of
theava1anche hazard was made. Blue Sky took title from, the subdivider on ..Ta11uary
1972. One and one half months after the purchase, the owners were workiny w~~hP & Z
tQ'providea workable development plan. , The project was denied on one ground, that being
the avalanche hazard. The units had been placed in a wedge area, so tha tthe. ;.rT1.proved
portion of the site would not be in an avalanche area. Mr. Oates further sta~ed that
everyone at the time was a\<;"are of the slides on the road" At that time Cine: e'len now,
the, developer was willing -to make a committment to expedite the slides ina s.;.[e manner
or take the necessary steps to minimize the avalanche hazard. Statements of:' ";he
condition of the avalanche were available at the time of "conceptual from the expert.s.
Oates further stated that the Vidal proposal was a good idea, but that theyt~0u:j
like to protect their rights to the use of the property. Additionally, the r....1;(,bar of
units to bebui~t had beerireduced, during changes in zoning, from 24 to 8 l1:1i.ts.
These 'units had been restricted to the wedge where there had been no avalanc:h~
activity for l50years. Mayor Standley asked if future development was propo;sd.
Answer to the question was no.
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Planner Bartel stated that the new ponditionwas the Vidal proposal. SignificJ~t was
that six units are located in the alignment of the new drainage channel. Bar~e: "
suggested that if the other' proposal we,re being considered, they should "Ilait ..1ntil
this was resolved.
Mayor Standley stated he had no problem sending ~his back to P & Z on the avalanche
grounds, but asked that there be no strings attached in regard to the zoning.
Councilman Breasted stated he would not vote in the issue, but made a moticn t:h="t they
table the project until P& Z takes a look' at the Vid~l Proposal. Seconded bi
Councilwoman Pedersen.
Mr. Oates replied that this placed them in aposition:of limbo, and that they felt
they would like to protect their property rights. Time might be a limitation
with additional factors that may require legal solution. possibily within t~c n~xt
thirty days.
Councilman Breasted asked what
along with the Vidal proposal.
and they perhaps did not think
guarantee the City may have that the
Mr~Oatesrepliedthat there was in
this was the best use of the land-.
clientv!o~!l:l go
fact, no ~u~rantee,
Mayor Standley said he did not think it was fair for Council to table action ~n
whether or 'not they get together with Vidal.
All voted nay, motion defeated.
Jack Jenkins, of the P & Z Commission stated thqtthe,avalanche danger was not in
conne'ction with the building but in rela,tion to the road. There was a relatively
small chance that there would be an avalanche over, the road. Density at the eight unit
level and avalanche danger to the houses was not in question.
Councilman DeGrqgorio moved that they return t'he plat to the P" & ZComrnission ar:.d reverse
their decision based on the avalanche hazard decision, and send plat back to P& Z to
complete finalplatconsideration4 Motion died for lack of second4 P & Z Co~~~ission
decision stands.
LEGAL ASSISTANCE., PLANNING
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Planner Herb
contingency
proposals.
Bartel request Council approval of. $1500 to $2000 from Planning Office
fund for additional legal assistance in continuing with the downzoning
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Councilman Breasted moved to approve the request; seconded by Councilwom~n Pedersen.
All in favor, motion carried.
BOARD & COMMISSION CONSIDERATIONS
Councilman DeGregorio moved to appoi.nt Ed Irwin, to'the retirement board" seconded by
Councilwoman Ped~rseh. All in favor', motion carried.
To appoint a member to theP .& Z Conunission, ,Mayor Standley stated that it was nec-
essary to crcute a vacancy. Technically, there is no vacancy as Mr. Gillis has not
formally resigned but intended to be out of town for three mOnths and then planned
to attend graduate school.
Councilman Brcast~d felt it premotureto have ,interviewed people without h~ving ..~
formal re~ignation. It was noted that the Commizsion. ha~;theright to request his
resignation if then' "lerethree unexcused absenc0.s. Asked P & Z members Janet I..andry
and J.Jck Jenkins if '.:! i 5 had been discussed. .
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TO: SandraStuller
FROM: Planning Office
SUBJECT: Blue Sky Subdivision Denial
DATE: 5/8/74
Blue Sky Subdivision is a request for resubdivlsion of
Lot 3, Hoag,Subdivision and is located on the south
side of Ute Avenue.
Application was m~de in March, 1973 for a 24 unit condo-
minium deve lopment, and inc 1uded a, PUDp!an, required
,because of the method of building height measurement then
in effect. Subdivision review, identified problems of
access eas ements ,wa terpres sure" and service, drainage,
stre,et improvement and possible avalanche conditions on
the site. The developerconnnitted to resolve these pro-
blems and received conditional preliminary plat and Out-
line Development Plan approval on4f5/73from the P ,& Z
Connnission.
On 4/23/73 the applicant was scheduled before the City
Council for aDP consideration and at that time requested
tabling of the project because avalanches had occured on
the site subsequent to P & Z's approval earlier in the
month.
A revised preliminary and final plat, consisting of 8
condominium units, intended to be located outside,historic
avalanche paths, was s\lbmitted to P & Z On 6/5/73. An
analysis of avalanche hazard by the applicant's consul-
tants was ,included in the submission. In addition to a
2/3 reduction of units, a princip,,! site plan change was
the elimination of an upper road and inclusion of a turn
around off the access road. P &Z recommended the appli-
cant attempt to obtain an eaSement acrOSS adJacent land to
the north to construct a ldop road back to Ute Avenue
that would Serve better than the turn around for purposes
.
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'pag~ 2
Blu~ Sky Subdivision
of circulation and fire protection, and trash removal
equipment. Conditions of earlier plat approval were
r~stated.
Blue Sky Condominiums w~re reviewed under Ordinance 19
and received conceptual approval from P &,2 10/23/73; a
condition of approval was an ,agreement by the developer
to covenant d~ed of sale to resi::rictrenta1s to a period
of no less than 6 months.
Blue Sky .Final plat was heard by P & Z on 4/16/74. P andZ
Commissioners were particularly concE:!rned about. avalanche
hazard because slides had again occured, on the site the
week preceding 3/26/74. Approximately the saine slide
paths were affected. The concern expressed was ' less for
proposed structures, which,P& Z felt had probably been
places safely outside normal slide paths " than for danger
resulting from avalanche activi.ty on the only 'access road
and in near proximity of the proposed structures.,!twas-
not possible to obtain an ease1l1entfor a loop road, . thus
, increasing the use and standing time for vehicles on the
road and turnaround. Discussion,centered around the pro-
blem of approving a subdivision that, would permit and
encourage a concentration of p~ople for prolonged periods
of time in a hazard area. Th~ finalp1at was denied (2aye,
1 nay, 2 abstentions) on the basis that the subject land,
was unsuitable for, residential use. Sec. 20-75. (i).
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U0-7
ASPEN CODE
~ 20-8
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(h) The city may require alleys at least twenty feet (20')
in width and open at both ends in business districts and
at the rear of all lots fronting on majo!." and arterial
streets; Where alleys are not required, easements
shall be granted Or rooeryed at least ten feet (10') in
width On each side of all rear lot fines and along suffi-
cient side lot lines where necessary for utility installa-
tion and maintenance, including storm or sanitary sew-
ers, gas and water lines, and ,electric service. Where the
rear lot line .abuts on property outside of the sub-
division on which there are no easements at least :five
:feet (5') in width, then the easement en the rear lot
lines in the subdivision shall be at least twenty feet
'" . (20') in width.' .
\I (i) No land shall be subdivided :for residential use which is
held by the planning' commission: to be unsuitable
for such use by reason of flooding or bad drainage,
adverse earth or rock formation or topography or any
feature likely to be harmful to the health, safety, or
welfare of the future residents in the proposedsubdivi-
sion or of the community unless, and until such land is
rendered suitable for residential use.
(j) The subdividers shall install adequate conduits, dra1lls
and provisions. for storm water drainage as may be
required and approved by the city engineer.
(k) Sidewalks,curbs- and ,gutters, culverts, bridges and
other such necessary improvement~shall bei~onC<
structed by the subdivider in accordance withplans~d<> ,
specifications approved by the city, engineerand./
aftercoIl!\truction will be subject to in;spection and ap;>, "
proval by the city engineer. All required imProv~,i<
ments shall be completed in . accordance. with'.'grades
officially established by the city.>" ./<i/.
(I) All utilitiesincludirigelectric, telephone and cableteltl-' '
vision shall be placed underground. (Ord. No.6-1969,
68)
See. 20.8. Public USe and serVice areas.
Dedication of parks, school grounds, recreation uses and
other public open spaces, within the subdivision shall ,be re-
1214
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To: Steve Crowley and Thomas D. McAuley
From: Hans Frutiger and WhitneYM. Borland
Subject: Avalanche Hazard, Lot 3 of Hoag Subdivision - Aspen, Colorado
Location
The subject property in ~~ 1/4, Sec 18, T 10 S, R 84 W, 6'PM, lies
at ,the foot of the northeast facing slope of Bell Mountain at the
southeast corner of the Aspen town boundary and in the neighborhood
of a tailing pond and the Ute Cemetery. The slope above the
property varies from 8000 to 9000 feet above, m.s.!., with an average
slope of 73 percent. Rock cliffs form a prominent ridge of the
northeast slope of Bell Mountain. (10,605 feet) and are the upper edge
of catchment areas for many avalanche tracks cutin the rather dense'
timber stand on the steep slopes. .
Avalanche' Description (see attsched figure)
The pT.'iraary starting zone of avalanches lies at the. base of the ahove-
mentioned cliffs. They are very steep in the uppermost section formed
partly by outcropping bedrock and the slope in the starting zone is
well over 100% (45.). However, avalanches may also start further down
the avalanche alley-like tracks in the timber.
Both the catchment areas and starting zones are quite small. In Y~y
of 1973 and in 1964 avalanches occurred in tracks lA and 15 running
to the road on the old railroad grade and spilling alitt1e snow over
the grade. The slides occurring ,in May 1973 rart over a find-packed
ba.se and were caused b}' a very large' St011ll which caused an overload
of ,snow on a firw, well-cured base. Allover the state there was a
general avalanche cycle. Tnis combination of such a large stonn
falling un a smooth, fim base probably ,has a-frequency of once-in
10 to 25 )'oa~
1~edeve1opment of the property is planned within the base of a'triangular
wedge ,of Douglas fir ti111ber stand bounded by avalariche track lA on the
southeast and by avalanche tracks IB and 2 on the other side.
,Avalanche tracks lA and IB have ,their primary sts'rting ~;one at Bone place
at the base ofCl1ff No.2 but they divide further ,down. due to
the acp,"ct of the slope. 'Although the divide' is rather indistinct,
there :~r.e no signs of recent avalanches in the tfl'per part of the timbzr
,,"'edge.
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The ground surface of the wedge slopes slightly from a line from its
apex to the center of its base (formed by the old RR grade) towards
Avalanche Tracks lA and lB. For confirmation of this see two
surveyed contour lines on attached figure. Once started. the
avalanche seeks the lowest ground, level and is d:l,vided into
Tracks lA and lB.
.
Indications Found in Timber Stand in the Wedge
The Douglas fir timber stand within the wedge was carefully examined
for signs of avalanches. The stand of fir. trees is quite uniform. with
the trees in the lower portion of the wedge having a breast-high diameter
of 18 to 24 C.M.(7 to 10 inches}, and those in the upper portion of the
wedge being 25 to 35 C.M. (10 to 14 inches).
Before 1900 most of the timber near Aspen was cut for mine props and
fuel. Many of the sawed-off stumps remain in the wedge. Several of
these were measured and found to have diameters from 12 to 15 inches,.
Also three recently sawed trees were found and by counting the
growth rings their age was estimated. One tree near the old RR grade
had 45 rings. A tree 50 feet to the.east of Track lB was 9 inches in
diameter and had 82 rings, while one nearby tree was 12 inches in
diameter and had 76 rings. An avalanche can ride over a sapling tree
5 to 10 years old without harming it, so these trees ,indicate no
avalanche within the wedge for the past 60 or 70 years. The sawed-off
old stumps indicate no avalanches for 50 years before 1900 if the assump-
tion is made that their, growth rate was the same,as for those trees whose
rings werecountec. It can then bec()nclu4edth~t<there was no avalanche
activity in the timber wedge for the ,last 140 to 150 years.
C.onclusions
From the terrain analysis and inspection of trees, the probability of
an avalanche 'penetrating the wedge is very small.
The high slope of the ground towards both tracks lAandlB indicated
why past avalanches have followed these paths and the presence of
,trees and st!.!lllPS indicates there have been no major slides in
the wedge for the lest 140 years.
, There are dwellings both in Aspen and Vail that are subject to avalanche
, . . J
hazards greater than those existing iri the wedge.
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The possibility of extreme snow build-up along the cliffs in the
starting zone causing a very large general avalanche which the two
tracks, 1A and 1B, could not contain and resulting in SODlesnow
spilling out into the'wedge cannot be ruled out. In such an event
a narrow track 1Q to 20 feet wide would be cut into the wedge
but would not affect the entire wedge area. We ,feel that such an
occurrence is unlikely. However, to guard 'against'this, a dividing
structure consisting of 50 meters of heavy galvanized steel set
in concrete could be erected but would be expensive.
~\~,:~~':-~ \;;-tf\~~
Whitney"tiS-- Bor land "
P.E. No. 3300 Colorado
P.O. Box 15536
Denver, Colorado 80215
..
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Hans Frutiger
Swiss Institute of Avalanche Research
Davos, Switzerland
Denver and vleissfluhjoch, September 12, 1973
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MAY) 1974
ASPEN PLANNING & ZONING COMMISSION RESOLUTION
BLUE SKY SUBDIVISION
WHEREAS) a final plat for Blue Sky Subdivision,
located in Lot 3, Hoag Subdivision, has been submitted to
the Planning and Zoning Commission for its review and con-
sideration, and
WHEREAS) due to avalanche action on the site
in April, 1973 an earlier plat was revised and resubmitted,
and
WHEREAS) the revised plat received conditional
preliminary approval on October 23, 1973, and
WHEREAS) avalanches are known by the Planning
and Zoning Commission to have again occured the week pre-
ceding March 26, 1974,
NOW THEREFORE BE IT RESOLVED) that the
Aspen Planning and Zoning Commission finds the land
proposed for subdivision is unsuitable for residential
use by reason of adverse topography resulting in a con-
dition of recurring avalanches on the site and across
the access road, and the development of said land is
likely to be harmful to the health, safety and welfare
of future residents,
BE IT FURTHER RESOLVED)
that desoite efforts
"
on the part of the subdivider to verify the extent of
danger from avalanche and to assure the health, safety
and welfare of future residents of the proposed sub-
divison, the land has not been rendered suitable for
residential use to the satisfaction of the Aspen
7t
Commission,
rman
A EN PLANNING COMMI
DATED THIS ~DAY
ION
OF ;/IA;
) 1974.
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-!....lIflOl~;.!.HnttKU'...'l.CO'
Regular Meeting
,/
f:UbdiViSions/
Blue Sky "'
r'inal Plat
.
I
RECORD OF PROCEEL~S
100 Leaves
Aspen Planning & Zoning
April 16, 1974
Ms. Baer stated that the reason for this request is that
Garmisch will be a major pedestrian.....vehicular circula-
tion route. Stated that there is a 100' right-of~way
in Garmisch Street nOw and believe that it s,>ould be
beautified and should be made a major circulation street
in the City. The result would be 12 spaces along the
front, four along the alley and one on the western boun~
dary of the property.
Appli.cant stated that this was the first condominium in
Aspen and was before the condominium law cam~ into ef-
fect in Colorado.
Jenkins made a motion to grant the exemption conditioned
on the following: (1) that parking be removed from City
right-of-way on Garmisch Street; (2) that curbs and gut-
tersbe installed on Garrnisch and sidewalk as indicated
by the Planning Department; (3) that parking On Cooper
remain; (4) that the applicant create additional four
spaces on north side of property and one on \lest; (5) an,
that they agree to join any future sidewalk distri.ct on
Cooper Avenue provided that the parking does remain and
that any sidewalk is constructed so that the parking
will remain; (6) applicant agrees to join any future
storm and drainage district and that these conditions
are met by October 1, 1974.
Motion seconded by Johnson. All in favor I motion car-
ried.
Ms. Ba.cr submitted memorandum'to the Commission giving
brief background of the project.
Stated that thi.s project consisted of 8 unit condominium
houses on Lot 3, Hoag Subdivision. Stated that the ap-
plicant had applied for 24 units in the spring of 1973,
but revised to present proposal because of an avalanche
in April of 1973.
In the memo, the fOllowing were given as considerations
for the project:
(1) An easement for a loop road through Lot 1,
Hoag Subdivision, back to Ute Avenue could
not be obtained. 301 turn around is now
shown on the plat as an alternative, and has
been okayed by the Fire Chief. and Aspen Trash
Service;
(2) Notaion of Book and page for utility and drain-
age easements should be shown on pl~t; also
for raod easement through BLM and L~t 5 Hoag
SUbdivision;
(3) Agreement to Jo~n in street improvement and
drainage distric,ts;
(4) Agreement to form u Horne Owners Association;
(5) Covenant deeds to guarantee long te~m rentals;
(Consideration of Ordinance #19 conceptuul ap-
proval)
(6) Drainage plan by Wright McLaughlin;
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Regular Meeting
/
.
RECORD OF PROCEEAs
100 leaves
Aspen Planning & Zoning
April 16, 1974
(7) Domestic water service has been approved by
the Engineering Department; water for fire
protection okayed with fire hydrant at loca-
tion shown on plat;
(8) Subdivision Improvement Agreement to incor-
porate relevant conditions from the above;
(9) 3/26/74 Ellis and Baer visited site where
avalanches had occurred a day or t~vo' previ-
ously. Approximately the same areas had ava-
lanched. Neither building site appeared to
be affected, but the access road east of the
proposed building sites was heavily covered
as well as the area of the proposed turn a~
round;
(10) If the proposed rezoning is in effect by the
tiIlle a building permit issues, a PUD will be
mandatory.
Schiffer stated that he understood the last ~pproval
which had been given was final approval conditional on
certain things.
Ms. Baer stated that the conditions were a ncmber of the
items mentioned in the memorandum relative tc plat cor-
rections. Stated that the major condition fer this fina:
plat approval >;as that the developers should have change"
an easement for a loop from the access road tack. to Ute
Avenue. Stated that Ttlas requested by the Fire Depart-
. ment and the Commission, however, the developer was un-
able to obtain this easement so now are proposing a 30'
radius turnaround. Stated that Willard Clapper and As-
pen Trash find this acceptable. Stated that they have
no subdivision improvement agreernentat this time and
this should be a condition and it should incorporate
those conditions in the memo.
Ms. Baer stated that this final approval was given on
October 16, 1973.
Attorney Leonard Oates was present representing the ap-
plicant. Stated that from the standpoint of the road,
felt the original road concept as presented IHS not
through the Larkin property but. rather was to be a loop
which was to go around through the subject pr:>perty and
through the Newfoundland Lode Claim, hooking '~p with the
road again. Felt that was a mutual agreement between
the developer and the Planning Department. Stated, .that
the 60'diameter was acceptable with the utility company.
Ms. Baer pointed out that the proposed roada:-ound would
have torn up, the terrain and it was mutually dgreed that
this would be an undesirable solution. Stated that the
turnaround and the snow storage used to be one-in-the
same and it was suggested that obviously it would be
unusable ~nless the snow was stored someplace else.
Jenkins questioned where .the parking for the project was
located. '
Oates stated that with respect 'to the avalanche danger,
have obtained a report prepared by one of the foremost
avalanche experts in the world and th.:1t is on file,
-7-
"
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JOIUI ill t. '."~t~n~ _. I. (0 l. Co.
Regular Meeting
/
,.-,
RECORD OF PROCEED".GS
100 Leaves
. Aspen P'ianiling ,& Zoning
April 16, 1974
and as a condition, developer agreed to indicatc the po,
sible av.alanche areas on the plat, and that report has
been filed for record so that is available to anyone
who is a prospective purchaser or user of the property.
Stated that the developer has. done substantial modifi-
cation of the placem"nts and reduction of the density
so as to totally minimize that danger as far as possible
Vice Chairman Schiffer questioned where the slides had
occurred this year.
Ms. Baer stated that they were located in approximately
the same area as before.
Steve Crowley was present and submitted an aerial photo-
graph of the area, indicating slide ar.eas aOld location
of units. Stated that they had spent two days walking
across the area and samples were taken and terrain analy
sis and topography study. Located ridge on nap and
stated that this ridge diverts the snOw to one side or
the other. Stated that as far as the experts could de-
termine with the tree sample's, etc., estimate no ava-
lanche activity for approximately 100 to 150 years, and
were satisfied that there was no possibility of it ever
entering those areas because it does not have the po-
tential to accumulate the force it needs.
Johnson questioned if it was conceivable that if there
was a small child in the road at the time the Sno"' slid,
that small child could be buried under the snow.
Crowley stated that it was conceivable.
Vice Chairman Schiffer stated that that was his concern.
Stated that he was not concerned about the units since
they are located in a place where they would not be af-
fected by the slide. Stated that if you are putting
units there then it is conceivable that children eould
be playing in the area.
Crowley stated that the slide that recently occurred was
located between the two building sites. Stated that
the possibility of a slide is the reason that they had
put the snow storage area in its location.
Jenkins questioned how much snow actually was in the
slide.
Crowley stated that the slide had stopped on ~he road
and went from sluffing right off the shoulder to pos-
sibly five feet deep at the deepest. Stated ~hat some-
one drove a Jeep over it the day it happened.
Ms. Baer stated that it was about 40'.
Crowley stated that this year it was possibly 25' wide
and last year possibly 30-35' wide.
Johnson questioned how long it would take to remove the'
snow, assuming tho units were constt"ucted and there was
a slide comparable to this year's or last YOilr's.
Crowley stated that a decent snowplow would do it in
half an hour.
-8-
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,_.. '(.,.HD(,Kll8.8.' ~.~O.
Regulilr Meeting
j
~
RECORD OF PROCEElJ..,GS
100 Leaves
Aspen Planning & Zoning
vice Chairman Schiffer questioned
ceivableway, from an engineering
a possible slide in that area.
April 16, 1974
if there was any con-
standpoint, to divert
Crowley stated that he would have to give the people tha
may live there credit for not walking where they know
there is a possibility of a slide.
Johnson stated that that would work for adults but
not for children.
Oates stated that some of that activity could be preci-
pitated by the Homeowners' Association so that if there
is any buildup there it can be blown or forced when no
one is in the area under controlled type situation.. Do
not think the developers would have any objection to
having a mechanism to see that that is taken care of.
Oates pointed out that the City wants to use that as a
hiking trail, so the same thing pertains.
vice Chairman Schiffer stated that he was concerned with
that section of the subdivision regulations which says
that you shall not approve subdivisions if you find that
there is any condition likely to be dangerous to the
health, welfare or safety of the residents or the com-
munity.
Oates stated that that is the reason why the developers
went back and had the reports done. Stated that this is
already a subdivision - already a lot in the Ute subdi-
vision which was approved by the City several years
ago.
Crowley stated that when they first began the project,
it was ,zoned for 88 units, and initially subrr,itted a
proposal for 24, were two slides last spring and the de-
veloper voluntarily reduced the density to eight and
took out the upper road. Further stated that they would
never have embarked on this venture if the lct had not
existed and been zoned for high density residential hous-
ing. Have spent two and a half years doing every re-
quest which has come up. Have spent a great deal of
money on engineering, avalanche reports, plans, redone
plans, put in roads, take out roads, etc...
Jenkins questioned what the feasibility and practicality
was of blowing the avalanches.
Crowley stated that if they got into the situation of
shooting, would have to be done by the condominium ow-
ners association.
Oates stated that it could also be done on a contract
with the Ski Corporation.
Jenkins stated that he felt because of things which have
happened in the past, the Commission has likely progres-
sed to a point where it is difficult to back out.
Oates stated that they felt that this Commission under
a differe,nt membership were totally satisfied on that
point at one time, approximately a year and a half ago.
Since then, a great deal has gone into the projcct in
'the way of time and money to resolve the other problems.
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Reqular Hceting
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RECORD OF PROCEEL ,JGS
100 Leaves
Aspen Planning & Zoning
April 16" 1974
Bartel stated that each time the Planning Department or
Commission has asked for a problem to be resolved, the
developer has resolved it to the extent that it could bE
resolved. Stated that they have made it as good as theJ
can. Stated that the only safety consideration, as he
sees it, is the slide passing over the road.
Vagneur questioned if there was a manager to be in resi-
dence in the proposed condominium association.
Oates stated that these units are anticipatej as resi-
dential units for people who live and reside in the com-
munity and there would be nO resident managec. Not
tourist-type housing. Feel that the developer could
Clearly draft, in the form of an agreement, that they
would have the homeowners' association undertake to do
that and failing their doing that, the City could come
up and do it themselves and charge them back for it.
Stated that there would be some liability on the devel-
opers if it was not done.
Jenkins stated that his reaction would be to approve
the project with that agreement concerning shooting the
slides. Did not feel it was that much of a difficulty
since it would only have to be done once or twice a
year.
Landry questioned if the language on the plat noted the
avalanche area.
Ms. Baer stated that it would have to
the langu~,ge should be more suitable.
area, not a possible avalanche area.
be changed. Felt
Is an avalanche
Schiffer stated that the Commission could not approve
a plat it had not seen, which means that thi" plat would
have to be redone before it could be approved.
Ms. Baer stated that she 'agreed since there are a number
of things which should be included on the plat.
Oates questioned, specifically, with the exception of
that language, what additional requirements would there
be.
Ms. Baer stated that they needcd some more easements,
book and pages.
Oates stated that they had understood that under this
configuration there was no problem with the easement.
Crowley stated that the utility easements were on the
subdivision plat. Stated that there was a IS' easement
between every lot.
Ms. Baer stated that there should be ,a book a"d page
number.
Oatcs stated that it would be the whole plat. Stated
that this was a resubdivision of an' alrcody subdivided
lot.
Ms. Baer stated that she felt it should still refer to
the sarne source> (jf m,lter i .11.
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,0QI0I", C.'.HQtC~[l'.I.(OL.['"
Regular Meeting
MAIN MOTION
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RECORD OF PROCEEDINGS
100 Leaves
April 16, 1974
Aspen Planning & Zoning
J Ms. Baer stated that the easement across BLM should be
recorded with book and page.
Oates stated that he had documentation respecting his
dealings with BLM, and the BLM stated that t:1is was un-
der a special use permit to the City and the City came
along and approved it for access to these lo~s. Ques-
tioned where the special use permit that the City has
would be.
Ms. Baer stated that it was in this file.
Oates requested a copy of the special use permit.
Ms. Baer stated that the subdivision improvement agree-
ment which goes to Council should incorporate the other
considerations in the memo, and the Commission usually
looks at those or is made aware of them.
Oates questioned when they could be rescheduled before
the Conunission. Requested that they be rescteduled to
go over the considerations in the memo at the next regu-
lar meeting.
Bartel stated that the agenda was full and what is nor-
mally done is to continue to a Thursday meeting, so that
it could be, put on the agenda.
Oates stated that the considerations submitted at the
meeting today were not the same list of conditions from
before.
Schiffer stated that he had a problem with the slide con-
dition, but since he was not a member or involved before
and since this project has obviously dragged Jut over a
long period of time, do not feel that he could vote on
this project.
Johnson made a motion to deny the project on ~he basis
that it is unsuitable for residential use. Motion se-
conded by Landry.
Johnson stated that he was not satisfied that the area
could be made safe for residents. Realize that the
chance of something happening is slight, but still could
not approve it.
Jenkins stated that he had no problem with that because
it COUld be taken care of by covenants or agreements.
Johnson and Landry voted aye.
neur and Schiffer abstained.
Jenkins voted nay.
Motion ca.rried.
'Vag-
Schiffer pointed out that there is a provisior that if
the land is made suitable that it can be apprcved;
Oates stated that he felt the record was clear that the
developer has acted in substantial reliance upon what
the Commission has done. '
.
Schiffer stated that if the developer could find a way
to divert the slide so that it is not in an ~rea that
is going to be inhabited by people, would vote in favor.
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TO: Planning and Zoning Commission
FROM: Planning Office
SUBJECT: Blue Sky Subdivision - Final Plat
Ord. 19 - Preliminary & Final
DATE: 4/16/74
8 unit condominium houses on Lot 3, Hoag Subd. Applied
for 24 units in spring, 1973. Revised to present pro-
posal because of an avalanche in April, 1973.
Considerations:
1. An easement for a loop road through Lot 1, Hoag Subd.
back to UteoAve. could not be obtained. (See attached
minutes.) 30' turn around is now shown on the plat as
an alternative, and has been okayed by the Fire Chief
and Aspen Trash Service.
2. Notation of Bk. & page for utility and drainage ease-
ments should be shown on plat; also for road easement
through BLM and Lot 5 Hoag Subdivision.
3. Agreement to join in street improvement and drainage
districts.
4. Agreement to form a Home Owners Association.
5. Covenant deeds to guarantee long term rentals. (Son-
sideration of Ord. 19 conceptual approval.)
6. Drainage plan by Wright McLaughlin.
7. Domestic water service has been approved by the Engineeri g
Department; water for fire protection okayed with ffiire
hydrant at location shown on plat.
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Rffl~ Sky Subd.
8. Subdivision Improvement Agreement to incorporate
relevant conditions from the above.
9. 3/26/74 Ellis and Baer visited site where avalanches
had occurred a day or two previously. Approximately
the same areas had avalanched. Neither building
site appeared to be affected, but the access road
east of the proposed building sites was heavily covered
as well as the area of the proposed turn around.
10. If the proposed rezoning is in effect by the time
a building permit issues, a POD will be mandatory.
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_"~~'~.~':.-.:' ,. f'~~~Ki;l. e. S. Ilc l. C~.
Special Meeting
v'
I Aspen
Shop
Tire
J Blue Sky
Condominiums
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RECORD OF PROCEEDINGS
100 Leaves
--..--_=====:..=c;:::::::::..----------"
Aspen Planning & Zoning
October 23, 197:
walks. Suggest they offer a time commitment for May 1.
Fred Smith, member of the ADvisory Board, was present and
stated that the ordinance provides for a bond in lieu of
completion.
Chuck Vidal made a motion to approve the conceptual, Pre-
liminary and final stage SUbject to the May 1st, 1974
compliance, either buying-out or providing on the pro-
perty 3 off-street parking spaces. Seconded by J:>hnson.
All in favor, motion carried.
Jenkins left the table due to conflict of interes~, and
returned to the table as the applicant.
vidal left the meeting.
Ms. Baer explained that this was a request for an addition
of rest rooms and alteration. Pointed out that the Ad-
visory Board had reconunend approval subject to Planning
Office determination that conditions of stream margin
approval have been met.
Jenkins stated that this would be an 8xlOx8 building which
would be heated and have plumbing. Stated there would be
no trees removed.
Chairman Adams pointed out his concern for the apr:earance
of the area. Felt the area should be cleaned up and some
of the junk cars removed.
Gillis stated he would like some type of burm or shrub-
bery in front of the area where cars are parked. Felt
the Commission should get a recommendation from the en-
gineering department on the stream margin.
Gillis made a motion to approve the request, noting the
Conunission's concern with the ei1try and parking pnoblem
and the necessity for consideration by the Engineering
Department, with a May 1, 1974 limit. Motion seconded
by Vagneur. All in favor, motion carried.
Jenkins returned to the table.
Ms. Baer explained that this was a requ~st for eig~t new
condominium units. Stated that the Advisory Board had
reconunended approval subject to a covenant in the deed
of sale restricting rentals to a periOd of no less than
six months.
Fred Smith pointed out that the entire project was lo-
cated above ~he 80-40 Line. Pointed out that this pro-
jectwas initiated about 1 year before the 80-40 L~ne
was in existance.
Leonard Oates, ATtorney representing the developer, stated
that tcl1ey will offer a proposal a.s far as the purchaser-
requirement; is concerned.
Jenkins made a mot:Jon to upJ.n:ovc the, conceptual stf,<je
SUbject to a covenant in the deed of sale restricUl'1CJ
rentals to a periOd of no less than six months, sccond~c1
by Gillb;. 1\]1 in favor, motion cill~ried.
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Special Meeting
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RECORD OF PROCEEDINGS
Aspen Planning & Zoning
1 0 Leaves
October 23, 1973
Jenkins made a motion to amend the previous motio
clude the fact that the Commission had considered
40 Line and found it not to be applicable. Secon
Johnson. All in favor, motion carried.
Ms. Baer stated that this was a request for remod
ther, stated that the Planning Office would like t
down the square footage so that the possibility 0
pansion could be determined.
to in-
the 80-
ed by
1. Fur-
tie
ex-
Gillis suggest the Commission table consideration until
the other problems with the Continental Inn had b nn solved.
Pointed out that there were problems concerning p esent
densit.y, etc...
Fred Smith pointed out the poor condition of the
facili ties.
Gillis made a motion to table consideration of this pro-
ject until the Planning Office has had a chance to deter-
mine the status of the remodeling. Seconded by Je kins.
All in favor, motion carried.
Gillis made a motion to adjourn the meeting, secon cd by
Jenkins. All in favor, motion carried. Meeting a journed
at 7:30 p.m.
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~ ~ecretary
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RECORD OF PROCEEDINGS
100 Leaves
F()~M'~ ,c. F. ~O"C~E~ e. B. e, L Co.
Regular Meeting
Aspen Planning & Zoning
October 16, 1973
Meeting was called to order at 5:10 p.m. by Chairman Jim Adams with Bruce
Gillis, Bryan Johnson, and Jack Jenkins. Also present City/County Planner
Herb Bartel and Assistant Donna Baer.
Johnson made a motion to approve the minutes of October 2, 1973, seconded by
Gillis. All in favor, motion carried.
j Oklahoma Flats -
Rezoning
Resolution
Bartel submitted the Aspen Planning commission Resolution
recoromending the rezoning of Oklahoma Flats to the Com-
mission.
"WHEREAS, a City initiated application has been
made requesting that Okalhoma Flats as shown on the at-
tached map be rezoned from R-6, Residential to R-~5,
Residential, and
WHEREAS, the Aspen Planning Commission has held a
public hearing on said rezoning application and has con-
sidered all statements, evidence, maps, correspondence
and other materials both for and against said rezoning,
and
mfEREAS, the Aspen Planning Commission has determined
that the requested amendatory zoning ordinance is neces-
sary to protect and promote the public interest.
NOW THElmFORE BE IT RESOLVED, that the Aspen Plan-
ning Commission hereby recommends that the City Council
approve the rezoning of the. land known as Okalhoma Flats
as shown on the attached map be rezoned from R-6 Residen-
tial to R-15 Residential, ,
NOW THEREFORE BE IT FURTHER RESOLVED, that the Plan-
ning Commission feels said area is especially suited for
development under the Planned Unit Development con~ept
and encourages this approach."
I.
, Blue Sky Condo. -
Preliminary Plat
Gillis made a motion for the Commission to approve the
signing of this Resolution and submit it to the Ci~y
Council, seconded by Johnson. All in favor, motion
carried.
Ms. Baer explained that aft,er the developer's prev::'ous
presentation, Commission had requested further expert
appraisal of the site.
Ms. Baer SUbmitted an avalanche report done by Hans
Frutiger and Whitmey M. Borland. Stated that it would
appear that there would be no avalanche in the wedge
for at least ,150 years.
Ms. Baer stated that the Planning Office felt construc-
tion could be permitted. Felt language should be i~cluded
on the SUbdivision Plat noting the avalanche area.
Steve Crowley was present and submitted a map to the
Commission Showing the ,avalanche area. Stated that
originally plann~dfor24 units, but due to the cir-
cumstances had reduce the units to 8.
Lenny Oates, Attorney repl:esenting the developer, s'tatec1
that the report and credentials were evidence in support
of the modified plans~
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~O~M 'G C. F. HOEC~"t 5. 5. a. t. (;~.
Regular Meeting
J'
Main Motion
'Riverview ASsoc. -
\'1hite Property
Exempt,ion from the
Definition of
Subdivision
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RECORD OF PROCEEDINGS
10 Leaves
Aspen Planning & Zoning
October 16, 1973
Crowley stated that there had been no avalanche a tivity
in the wedge for 80-100 years.
Chairman Adams stated the report submitted appear d to
be extremely comprehensive and satisfactory.
Ms. Baer questioned Crowley as to where the utili ies
would be dug in.
Crowley stated that it would be on the east end 0 Lot 1.
Ms. Baer qeustioned the turn-around and whether not
it had the approval of Willard Clapper, head of
Fire Department.
Crowley stated that the plans had been redone and hey
had put in a road. Stated that the grade going do n
was approximately 8%.'
Ms. Baer stated that the road must be reviewed in elation
to the topographical map.
Crowley stated that he had notes from Clapper cone rning
the access to the site, and pointed out the locati n of
the hydrants.
Ms. Baer stated that the developers agreed to part'cipate
in any improvement district as if bordered by Ute venue.
Oates stated that the developer would ocmmit the
easement on the final plat.
rail
Gillis made a motion to approve the preliminary plat for
Blue Sky Condominiums on the following conditions:
(1) Planning Office acceptance of the recorded ac-
cess, easements through adjacent properties.
Book and page should be on plat..
(2) Engineering Department approval - recommen a-
tion to exceed the maximum of 8% grade in he
southerly access road.
(3) Engineering Department approval - provisio s
to assure runoff will not affect lower lot ,
either by storm drains or drainage easemen
(4) Engineering Department Approval - a contou
map to be provided to determine if water c n be
served to the lot. If adeguatepressure i not
available for fire protection, a pump and torage
system will be required. Require room for the
Fire Truck to turn around.
(5) Engineering Department Approval - utili tie to
be'brought to the site by easement which d es
least damage to natural terrain.
(6) Language on the plat noting avalanche area.
(7) Public trail easement on private road.
Motion seconded by Johnson. All in favor, motion ca .ried.
Attorney Nick McGrath was present and submitted a ma
showing the proposed land exchange. Riverview is bu'ld-
ing a condominium project at 1020 E. Hopkins Street nd
wishes to exchange approximately 84 sq. ft. with an d~
jacent land OImer in order that they may have a simp er
and straighter lot line.
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FG<t'f'l C"L ~~E~I(F.l c. ,9, &' l, CO.
Regular Meeting
Weaver
Subdivision
..
Blue Sky
Subdivision
f'""'..
1"'\
RECORD OF PROCEEDINGS
10(1 Leaves
Aspen Planning 6, Zoning
June 5, 1973
Mr.. Wooden stated this is submitted as a concept
discussion only. Located between Mill and.Monarch
next to the Mountain Queen Development.
Map submitted showed the straight thru street ex-
tension the City is working on to connect Mi~l and
Monarch.
Attorney Bruce Kistler stated Mr. Weaver is working
on a land exchange with the Snow Chase Lodge to move
that lodge up, thus giving Mr. Weaver additiona,l
land for a good development. plan to build large
expensive condominiums that would compliment the
Mt. Queen Development. Feel the trade would be
acceptable to the City because more land would be
made available for right-of-way. J
Mr. Kistler stated he is requesting P & Z recommend
this trade to Council. Collateral to coinside with
the trade as follows: utilize the right-of-way for
density calculations, and credit for square footage
for the 4% dedication.
Mr. Vidal pointed out legally the trade could be made
at this time unless the density does not comply for
the Snow Chase Lodge. Commission request f~rther
clarification as relates to the trade and its re-
lationship to the density.
Mr. Wooden stated this does not solve the access
potential for the City as that has already bee.n
obtained in the Mountan Queen Agreement.
~Revised site plan was submitted as an attachment
to the final subdivision plat. Ms. Baerpointed
out the PUD is being omitted. Applicant pointed
out the changes as follows: omitted the upper road
and took out 2/3rds of.the units, leaving a total
of 8 which will be constructed in one phase.
Requesting at this time approval of the preliminary
and final subdivision plat. Ms. Baer pointed out
all conditions of PUD could apply to the subd~vision
agreement. It was pointed out the, access road will
be 20' wide and 'With radius of 30' for the turn
around. Applicant pointed out the two slides oc-
curing recently were in established slide paths of
about 40' wide.
Commission request the City Engirteer submit to the
Commission answer to the~l points previously pointed
out b;rthe qommission on this subdivision. Also
another expert's opinion be obtained relating to
slides in this area.
../
['Regular Heeting
Meeting Place,
Inc.,
Stock Transfer
ORDINANCE #13,
SERIES OF 1973
ORDINANCE #14,
SERIES OF 1973
Blue Sky, Inc.
Outline
Development
Plan
Stallard House,
H-Zoning
o
1'. Asp~n City Council
Form required by the State
reported all was in order.
~ April 23, 1973
was submitted. City Clerk
Councilman Griffin moved to approve the stock transfer.
Seconded by Councilman Breasted. Roll call vote-C~un-
cilmen Whitaker, aye; Walls, aye; Markalunas, aye;
Griffin, aye; Breasted, aye; Nystrom, aye; Mayor
Homeyer, aye. Motion carried.
Mayor'Homeyer opened the public hearing, there being
no comments, Mayor Homeyer clOsed the public hearing.
Councilman Griffin moved to read by title ORDINANCE #13,
SERIES OF 1973 on second reading. Seconded by Council-
man Whitaker. All in favor, motion carried.
ORDINANCE #13, SERIES OF 1973, "AN ORDINANCE AMENDING
SUBSECTION (el OF SECTION 9 OF CHAPTER 24 OF THE !1U-
NICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO ES-
TABLISH A NEW METHOD OF MEASURING THE MAXIMUM PER-
MISSABLE HEIGHT OF BUItDINGS., was read by title by
the Cit.y Clerk.
Councilman v7hitaker moved to adopt ORDINl'.NCE #13, SERIES
OF 1973. Seconded by Councilman Markalunas. Roll
call vote- Councilmen Nystrom, aye; Breasted, aye;
Griffin, aye; Markalunas, aye; Walls, nay; Whitaker,
aye; Mayor Homeyer, eye. Motion carried.
Mayor Homeyer opened the public hearing. There being
no comments, Mayor Homeyer closed the public hearing.
Councilman Walls moved to read by title ORDINANCE #14,
SERIES OF 1973 on second reading. Seconded by Coun-
cilwoman Markalunas. All in favor, motion carried.
ORDINANCE #14, SERIES OF 1973, "AN ORDINANCE AMENDING
CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN
BY REPEALING IN THEIR ENTIRETY EXISTING SECTIONS 23-101,
23-102, 23-104, 23-106, 23-107, 23-108 AND 23-60 THEREOF
AND By ADDING THERETO NEW SECTIONS 23__101, 23-102, 23-104,
23-106, 23-107, 23-108 AND 23-60 R~vISING WATER RATES
INSIDE AND OUTSIDE THE CITY, INCREASING WATER TAP
CHARGES, AND PROVIDING THE OPTION OF METERED OR FLAT
RATE SERVICE TO SINGLE AND TWO FAMILY DWELLINGS", was
read by title by the City Clerk.
Councilman Walls moved to adopt OpnINANCE #14, SERIES
OF 1973. Seconded by Councilman Griffin. Roll call
vote - Councilmen Griffin, aye; MarkalunaSi aye; Halls,
aye; Breasted, aye; Nystrom, aye; Whitaker, aye; Mayor
.~yer, aye. Motion carried.
V"APPlicant request this be tabled at this time, recen':
snow slides in the area, and desire further investi-
gation of avalanche danger. Council conCurred.
Mayor Homeyer opened the public hearing. City/County
Planner Herb Bartel stated previously information ~las
giv'en to Council which included a joint resolution
of the Planning and Zoning Commi'iision and Historic
Preservation Commission recommending H-zoning, further
have the letter of approval from the President of the
Historical Society.
Councilwoman Markalunas stated she was the President
of the Historical Society but felt this would not
negate her voting on this matter.
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There being no further comments, Mayor Homeyer closec
the public hearing.
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,I, l. 1'. l<O~CIC~L $. 1I~ 81 ~, c:!.
I' Regular Meeting
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RECORD OF PROCEEDINGS
100 Leaves
Aspen Planning & Zoning
April 5, 1973
requesting consideration at this time ef the fellewing
items: (1) thru street alignment;' (2) retaining wall
censtructed en the upper side of the read; (3) re-
quest adequate fire protection measures; (4) request
drainage plan for the site; (5) cemmittment from the
City relating to adequate water pressure and (6) dedi-
catien ef the 4% open space.
A~cant to substantiate these items at the next meeting.
Inc. lf6u~l~ne development plan was submitted. Applic,ants
submitted a reciprocal easement agreement; land use
application to BLM although was told by BLM this land
was leased to the City and the area access is up to the
City; water will be available by the 1st of Octoher,
City to install a 12" main; A'/2,anitation Department
agrees to install sewer at ~h time it is requested;
willing to go along with a letter from the home o~ers
association; agree to share the cost of paving 1/2 of
Ute Avenue to the, park; Benedict agrees to access thru
lot'l fer utilities; additional plans will have to be
made on the drainage preblem.
Blue Sky,
, Weaver
Subdivision
:FoUr,
Perce,nt
Dedication'
Benedict
Stream Margin
Request
Goodhard moved to approve the preliminary plat based
on the above conditions being met. Seconded by Gillis.
All in favor with exception of Lewis whO' voted nay.
Motion carried.
Attorney Bruce Kistler was present and stated previ-
ously desired to file for an exemption since the area
is already subdivided, but feel because, of the access
problem will follow the subdivision procedures. Would
like to' request at this time a 14 day filing exemption
prior to the May 1st meeting. Assistant Planner Wooden
stated the Planning office has no objection to that ex~
emption if the applicant is willing to hand carry the
notices to those persons, etc. who are required to be
netified. Applicant concurred to' hand carry. Exemp-
tion granted.
Planning office request the Planning and Zoning COm-
mission schedule a public hearing ,to clarify under the
subdivision regulations that trails provided cannot be
included in the 4% dedication of land.
Lewis moved to schedule a public hearing on May 1st.
Seconded by Goodhard. All in favor, motion carriec.
Commission reviewed property location and it was cut-
lined Mr. Benedict desires to' relocate his office ~,hich
will be adj acent: to Ute Children I s Park. No danger of
flooding. Planning Office recO'mmends that an easement
be granted to comply with the trail sys.tem, sh9wn or, the
river plan.
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March 27. 1973
Ci'ty o.f Aspen
Planning Office
P. O. Box V
Aspen, Co.lo.rado.
81611
Be:
Blue Sky Co.rporaUon-
Lo.'t3, Ho.agSubd.ivisio.n
Dear Ifr. Bar'tel:
Pursuan't 'to. 'the co.ndi'tio.ns as se't fo.r'th in 'the
memo.randum o.f David Ellis, Ci'ty Engineer o.f 'the Ci'ty o.f
Aspen, and da1;ed March 20, 1973, 'this letter is 'to.
indicate to' yo.u that Blue Sky Co.rpo.ratio.n do.es agt'ee to'
participate in any impro.vemen't districts Wbich may be
fo.rmed in o.rder to' make impro.vemen'ts o.n the Ute Avenue
flo.o.ding o.n that po.rtio.n o.~ the Ho.ag Subdivisio.n lying
so.utherly thereo.f, said co._itment is in co.nsideratio.n
o.f appro.val by the City o.f Aspen o.f the PUD Plan o.f Blue
Sky Co.rpo.ratio.n fo.r develo.PIllent o.f Lot 3. The participa-
tio.n co.mmitment herein given is to' participate equally
as if said Lot 3 directly abutted o.n Ute Avenue. In
the develo.PIllent o.f the pro.perty, all purchasers o.f
co.ndo.miniums within the proposed co.ndominium pro.ject
shall co.venant and agree in purchasing real pro.perty
therein to' participate in any such impro.vement district
farmed, and the same shall be part o.f the co.venants o.f
the subdivisio.n running wi'th the land and the membership
requirements far its ho.meo.wners' asso.ciatio.n.
If any 1Il00re fo.rmal instrulllent is required in
o.rder to' co.D1l1lit to' this pro.posal, we wo.uld ask that the
same be submitted to' us in the fo.rm satisfacto.ry to' the
City.
Very truly yours,
,BLUE SKY COaPORATION
By
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UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
FORM APPROVED
OMB NO, 42-R0996
Serial Number
SPECIAL LAND-USE APPLICATION AND PERMIT
APPLlCA TION
INSTRUCTIONS ON REVERSE
1. Name Ifirst, middle initial, and last} Address linclude zip code)
(a) BLUE SKY CORPORATION p. O. Box 469, Aspen, Colorado 81611
(b) THE CITY OF ASPEN, COLORADO p. O. Box V, Aspen, Colorado 81611
2. Give legal description of public lands for which you are applying
TOWNSHIP
RANGE
SECTlON
SUBDIVISION
10S
84W
18
A portion of the NW 1/4 as described on
the plat of the Hoag Subdivision, recorded
in Plat Book 4 at Page 218 of the records
of Pitkin County, Colorado
Meridian I State
6th P.M. Colorado
3, For how many years are you requesting this permit?
I' County
Pi tkin
I Acres (number)
3 1/2
Permanently or longest time possible
Are you 21 years of age or over?
4a. DYes [J No Not Applicable
bAre you a citizen of the United Stat<;s. Qr have. you\leclll1ed
, , '? D Y D N ALL prl.nCl.pa.LS
your mtenhon, es 0 of Blue Sky Corp.
are U.S. c1tizens
As applicant, are you a [J Partnership D Association [Xl Corporation;_ Blue Sky Corpo::-ation
c. or an agency of D Federal Government D State Government [Xl Political subdivAision of any state?-
Cl.'ty of spen
d, Are the statements required by Instruction Number 2 attached? [Xl Yes D No D Not applicable
5. Are you making this application for your own use and benefit? [Xl Yes D No (If "no," explain)
And those parties referred to in question 7a hereof
6, Are the lands now improved, occupied, or used? [Xl Yes DNa (If Hyes, OJ describe improvements and pur-
poses, identify users and occupants)
Applicants are informed property is presently under 25 year
special use permit for hiking trail purposes.
7a, What do you propose to use the lands for?
Access to Hoag Subdivision Lots as shown on attached easement plat
in accordance with attached Reciprocal Easement Agreement. Applica-
tion is made on behalf of all parties to said Reciprocal Easement
Agreement.
b. What improvements, including sanitation facilities, do you intend to make? (Describe improvements 2nd attach
drawings, if convenient)
Improvements in the form of a road within a 20 foot easement are
to be constructed by applicant, Blue Sky Corporation; to be cribbed
with railroad - this for minimum visual impact; road to be all-
weather gravel surface.
What is the estimated d, What is the proposed source of water for domestic or other uses?
c, cost of proposed improve-
ment? $ 50,000.00 Not Applicable
8, Have you enclosed filing fee of $10? [Xl Yes D No ISee Instruction Number ])
I CERTIFY That the information given by me in this application is true, complete, and correct to the best of my
knowledge and belief and is given in good faith, C ITY~F C'\SP~ _ I
By 0J-;,/ ~
BLU KY CORPORATION
ByZZ/~4=0rh~
(Signature o( Agpncant)
,
Title 18 U,S,C, Section 1001, makes it a crime for any person knowingly and willfully to make to any department or a~ency of the
United Sta.tesany false, fictitious, Or fraudulent :3tatements or representations as to any matter within its jurisdiction
March 26. 1973
(Date)
Form 2920-1 (Jan?ary 1972)
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RECORD OF.PROCEEDINGS
loa Leaves
'Regular Meeting
Aspen Planning & Zoni~
March 20, 1973
Meeting was called to orde by Chairman James Adams at 5: 20 p.m. wi":h
B~e Gillis, Victor Goodhard and Barbara Lewis. Also present City/
County Planner Herb Bar~el, Building Inspector Clayton Meyring and City
E,ngineer Dave Ellis. .
Gillis moved to approve the minutes of the last meeting as prepared and
mailed by the Secretary. Seconded by Lewis. All in favor, motion carried.
Benedict
Stream
Margin '
Request
Property located above ute Children's Park going east.
Recommend the members of the Commission review the site
before consideration. Commission agreed to meet at 4:00
p.m. on April 3rd to review this site.
River,
Study
Bruce Gillis presented, in map form, a river stucy
which has been, compiled by Trout Unlimited and others.
Different maps showed as follows: utility extensions
proposed adjacent to the river, slope ,of land along
the river, potenti~l trail system along the river,
vegetation and animal inventory along the river, etc.
, Blue Sky,
Inc.
Goodhard moved to give preliminary approval of this
study pending submission of final plans and a public
hearing be set on sane for May 1, 1973. Seconded by
Lewis. All in favor, motion carried.
~airman Adams opened the public hearing on the pre-
liminary subdivision plat. Outline Development Plan
also submitted for review. .
Mr. Bartel explained the main reason for the PUD ?lan
is due to the present method of height measurement.
, Letter relating to avalanche danger was submitted. Mr.
Bartel request the expert whose signature appears on
the letter sign the final outline development pla:l as
relates to the avalanche dangers of this area.
,Concerns of the City Engineering Depl:rtment were =e';'
viewed with Dave Ellis. (1) Verification from James
Blanning that an access easement has been obtained
from BLM; (2) Book and Page number of adjacent access
easements should be recorded on the plat; (3) Recom-
mendation to exceed the maximum of 8% grade in the
southerly access road; (4) Storm drains or drainage
easements to assure runoff will not affect lower :'ots
should be provided; (5) Date o~construction should
be set for service of water to this Subdivision;
(6) Contour map provided to determine if water can
be served to the. lot with adequate pressure for fire
protection, etc.; (7) Sanitary sewer service must be
extended east on Ute Avenue; (8) Agreement from de-
veloper and home owners association to participate in
any improvement districts; (9) utilities to be
brought to site ~y easement which does least damage to
natural terrain; (10) A proportionate cost of paving
Ute Avenue should be guaranteed to the City; (11)
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Regular Meeting
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Mountain
. Queen,
Subdivision
Exemption
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RECORD OF ,PROCEEDINGS
100 Leaves
Aspen Planning & Zoning
March 20~ 1973
Building sites should be staked on ground for visual
inspection as relates to avalanche run.
Attorney Steven Ware was present and stated Smuggler!
Durant Mining Corporation is willing to cooperate with
Blue Sky on reciprocal easement agreements that are
necessary to preserve the natural terrain of the area.
Discussed the access and design of the access to accom-
modate the traffic and snow build up. ,It was pointed
out when the development is complete, a one-way road
system willbe in operation. Will be cribbing the
upper portion of Lot 1.
Different phases of the development were outlined by
the applicant.
Discussed applicant filing a request for a road t':U'ough
that area now leased by the City from BLM being a part
of Ute Trail. Applicant stated they would proceed with
the application.
Commission request Mr. Bartel finalize for consideration
at the next meeting the concerns of the Commission as
outlined by Mr. Dave Ellis. Mr. Meyring suggested the
applicants review Chapter 70 of the Building Code re-
lating to excavations and fi11~
Bruce Gillis left the meeting, leaving the Commission
with a lack of quorum.
Mountain Queen, Subdivision Exemption- Commission
informa11yr,equest Mr. Bartel prepare concerns of the
Commission as relates to this request.
Meeting ,continued to Thursday at 5:00 p.m.
Meeting adjourned at 6:30 p.m.
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FROM:
Re:
DATE:
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Memo
City Planning & Zoning Commission
Dave Ellis, City Engineer
Comments on Blue Sky Condominium-Preliminary Subdivision
Plat.
March 20,1973
Verification from James Blanning that an access
easement has been obtained from the BLM. This
was a condition for the original approval of
Hoag Subdivision.
,Recorded access easements through adjacent pro-/
perties. BQok and page should be on plat.
3.
A recommendation to exceed the maximum of 8%
grade in the southerly access road. This will
eliminate the necessity of changing the grade
in ute Avenue at this time.
4.
provisions should be made to assure runoff will
not affect lower lots, either by storm drains or
vdrainage easement.
5. Water is not presently extended to serve Hoag
Subdivision. The date of construction for this
extension has not been set.
6.
A contour map will be needed to determine if
water can be served to the lot. If adequate
pressure is not available for fire protection,
a pump and storage system will be required.
7.
Sanitary sewer service must be extended east on
Ute Avenue.
Agreement from D.eveloper and Home Owners Assoc-
iation to participate in any improvement districts
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formed. Special arrangement made for fact
that Lot 3 does not have frontage on Ute Ave.
9.
Utilities to be brought to site by easement
which does least damage to natural terrain.
Recommend investigation into acquiring new
utility easements through alavanche run on
Lot 1.
OK. 10.
A proportionate cost of paving Ute Avenue
should be guaranteed to the City.
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Building sites should be staked on ground for
visual inspection as relates to avalanche run.
Planning Office
10/16/73
1. Fire Chief requests aan extension of the road back
to Ute Ave. Require an approved plan and profile
of said road~and additmonal necessary easements.
2. Topo map and drainage plan tto 1::hes1Jbmjjtrt::'ec:b}t&i'W~;"gh::-
!\fIR: J1>a.u;gH,]iL'tJ, for their approval.
3. Languatge on the plat noting avalanche area.
4. Public trail easement on prwvate road.
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TRI-CO Management, Inc.
Planning. Design. Surveying' Engineering. Construction
and Management of Land
Box 1730
Aspen
Colorado 81611
303.925.2688
LEGAL NOTICE
Notice is hereby given a pUblic hearing will be held by the
Aspen City Council on March 20, 1973, City Council Chambers
City Hall 4:00 p.m. to consider the ~reliminary subdivision
Plat and the outline Development Plan as submitted by Blue
Sky, Inc.: Lot 3, Hoag Subdivision, City of Aspen, Pitkin
County, Colorado.
Complete file is on file in the office of the City/County
Planner City Hall.
Is/Lorraine Graves
City Clerk
Published in the Aspen Today March 14th, 1973
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A Subsidiary of Trico Corporation . Offices throughout the West
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SUaCIVISION PLA!~cm:Cl{ Ji'ORli
Date 7r'?.~
Gentlemen:
According to the.procedure set forth in the City of .1\.Spen
Subdivision Regulations, the enclosed plat cOI1stitutes a
subdivision and must be processed in accordance with said
Regulation.
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This form with attached copy of the plat ;is provided 50
that each utility company and public agency may inspect
the plat and the site, making comments, concerning the
placement of easements, etc., and where necessary
sketching recommended alterations on a copy of the plat.
This form and the accompanying copy of
returned to the City of Aspen Planning
mission no later than'-Y/~7?
the plat must be
and Zoning Com=
.
Remarks: Blue Sky Condominiums
Extensive rebuilding of existing facilities on Ute Ave. would be required
in addition to the 625 feet line extension shown on the preliminary plat
dated March '73.
Sincerely,
HOLY CROSS ELECTRIC ASSOCIATION, INC.
~nature of Age~~
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cc: Jim Riser, Tri-Co.
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SUBDIVISION PLAN CHECK FORM
Date
~Yrf/73
Gentlemen:
According to the procedure set forth in the City of Aspen
Subdivision Regulations, the enclosed plat constitutes a
subdivision and must be processed in accordance with said
Regulation.
This form with attached copy of the plat is provided so
that each utility company and public agency may inspect
the plat and the site, making comments, concerning the
placement of easements, etc., and where necessary
sketching recommended alterations on a copy of the plat.
This form and the accompanying copy of the plat must be
returned to the City of Aspen Planning and Zoning Com=
mission no later than -3~/~~~
Remarks:
t!;-ry A /f/W1-C6R
Signature of Agency
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SUBDIVISION PLA..lIlCHECK FORM '
Datea/0 'j
Gentlemen:
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According to the procedure s~t forth in the City of Aspen
Subdivision Regulations, the enclosed plat constitutes a
subdiVision and must be prOCessed in accordance with said
Regulation. '
This form with attached copy of the plat is provided so
that each utility company and public agency may inspect
the plat and the site, making cOIl'.ments,concerning the
placement of easements, etc., and where necessary
Sketching recommended alterationscn a copy of the plat.
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This form and the accompanying copy of the plat must be
returned to the City of Aspen Planning and Zoning Com=
mission no later than ?V7?
Remarks: ~ .dA-~ ~ t.-.~:.. ~
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SUBDIVISION Pr,ANCHECK FO~
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Date~0-?
Gentlemen:
According to the procedure set forth in the City of Aspen
Subdivision Regulations, the encl.osedplat constitutes a
subdivision and must be processed in acco:r;dancewith said
Regulaticn.
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This form with attached copy of the plat" is provided so
that each utility ccmpa:lY and public agency may inspect
the plat and the site, making cOl\l1llents, concerning the
placement of easements, etc., and where necessary
sketching re,col\l1llsnded alterations on a copy of the plat.
This form and the accompanying copy of the plat must be
returned to the City of Aspen planning and Zoning Com=
mission r.o later than ~/~7 <' .
Remar~:cP, /J{)~-A~ '~~~.
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SUBDIVISION PLAN CUEeK FORM
Date ~03
Gentlemen:
According to the procedure set forth in the City of Aspen
Subdivision Regulations, the enclosed plat constitutes a
subdivision and must be processed in accordance l'IIith said
Regulation.
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This form with a~tached copy of the plat is provided so
that each utility company and public agency may inspect
the plat and the site, making COlI'.ments, concerning the
placement of ea3ements, etc" and where necessary
sketching recommended alterations on a copy of the plat.
This form and the accompanying copy of
returned to the City of Aspen Planning
mission no later than ~~~~7~
the plat must be
and Zoning Com:
.
Remarks: Need roads dedicated for utility purposes to the
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public. Also dedication. all easements of eonstruction,
ooeration. and maintenance of public utilities.
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The Mountain States Telephone &
Telegraph Company
/~~' Right of Way Agent
~c ' Si~ure of Agency
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SUBDIVISION PLAN CHECK FORM
Date~~/p17.3
Gentlemen:
According to the procedure set forth in the City of Aspen
Subdivision Regulations, the enclosed plat constitutes a
subdivision and must be processed in accordance with said
Regulation.
This form with a.ttached copy of the plat is provided so
that each utility company and public agency may inspect
the plat and the site, making comments, concerning the
placement, of easements, etc., and whe,re necessary
sketching recommended alterations on a copy of the plat.
This form and the accompanying copy of the plat must be
returned to the City of Aspen Planning and Zoning Com=
mission no later than ~Y7?
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Remarks:
I have reviewed attached and noted no speCific
problems related to the Aspen School District.
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Sigmrfure Of Agency
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OlmERS :mcENT 'TO :BL'IlE SK!' -1'_ U .D. peeL I'''' . -<:
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Aspen.
:Lot 5
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c/o Eva .:Baxter l'rDperty to south :and 'West
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-4 West 5Rth St.
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.B.28 l7th Sr.
DelnTEr. :Cri1oraoo
'chirrl'EE ..&.Ann.::H. T.,..,ngl1-riilS7e Lot:-4
:P.o. ?Box l578
.AspEn
Lot~
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A Subsidiary of Tri= Corporation " Offices throughout1t1e West
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DEPARTMENT OF
STATE
CERTIFICATE OF
INCORPORATION,
Y;Syroll A. Anderson,
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.u/ s;t.~A11 k~, ~ /Je;rd,aiu/ AJe1<~ fuu'JaanI ,.M.tk.l~~ .0/
-tie ~J<<<do ~~ dt,~k$/J<cu(4ted,.in.tk -tJ#XMHulP4<e~M_-
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_~--__---------___-_---BLUE SKY CORPORATION-------------------------
(A COLORACOCORPORATION)
"P1uI.aIUu'~~J<diuu/~~.o/..de ~4J~.
~~ ----Fourteenth---~.o/-----January-----, d fi). 1,9.72
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ARTICLES ~ tNCQRPORATION
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BLUE SKY CORPORATION
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RNmi ALL HEN BY l'iIESE PRESENTS, that we, LEONARD H. OATES,
100 East Main Stree,t, Aspen, Colorado; RONALD D. AUSTIll, 100 East
Main Street, Aspen, Colorado; and J. NICHOLAS MC GRATH, JR., 100
East Main street, Aspen, Colorado, do hereby associate ourselves
togetijer as a body corporate under and by virtue of the laws of
'the State of Colorado and in accordance therewith do make, execute
and acknowledge these Articles of Incorporation and do certHy as
follows I
ARTICL~ !
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The name, of our said corporation sl1allbe BLUE SKY CORPORA";'
TION.
ARTICLE II
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The objects and purposes for which our said corporation
is formed and the powers which it shall l1aveandexercise are
as follows I
1. TO engage in and carry on the business of buying, leas-
ing and otherwise acquiring lands and interests in lands of every,
kind and description and wheresoever s <,tuated; buying, leasing and
otherwise acquiring and constructing and erecting, or contracting
for the construction and erection of buildings and structures in
and on such lands for~ny uses. or purposes; holding, owning,
improving, developing, maintaining, operating, letting, leasing,'
mortgaging, selling or otherwise disposing of such property or
any part thereof; equipping, furnisgingand,operating apartments,
apartment houses, hotels, apartment hotels, restaurants, offIce
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buildings, shopping centers, warehouses, or any other buildings or
structures of whatsoever kind.
2. To otherwise build, purchase, take, lease, or otherwise
acquire, to own, hold, use, maintain, and improve; and to se~l,
convey, ,mortqago, lease and otherwise dispose o,f real proper,:y,.
buildings, structures, and improvements or any interest therein'
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and any articles, materials, ma.chinery and equipment used therefor
or in connection therewith.
3. To exercise any and all of the foregoing purposes
and powers either alone or in concert with others, and if with
others, as joint advellturers, or, to the extent permitted by
law as partners.
4. To borrow money without limit as to amount for all
corporate purpose~ and evidence such borrowing or borrowings by
notes, debentures, debenture stock or other securities or evidences
of indebtedness; and to assign, transfer, mortgage, pledge or
othezwise encumber' any of the assets of the corporation as security,
for the repayment thereof. Such borrowings may be from corporate
stockholders of the company.
S. To aid, in any manner, any corporation, firm, associa-
tion, compan~, or issuer of which any stock, bonds, debentures,
or other securities or evidences of indebtedness .,are held by thiliJ
corporation; and to do all acts or things designed to protect,
improve or enhance the. value of any evidences of indebtedness.
6. To issue and sell, hypothecate, or othezwise dispose
of, and to buy orothezwise acquire stock, bonds, debentures,
debenture stock, notes or other obligations of this, corporation"
and of any other corporation.
7. To purChase or acquire the shares of its own capital
stock in the manner and to the extent permitted by law and upon
such terms as its Board of Directors may determine; PROVIDED,
HOWEVER, that shares so acquired shall not be deemed cancelled
or extinguished unless so ordered by the Board of Directors in
connection with proceedings for the decrease of .the capital stock,
but such shares while held in the Treasury of the Company shall
not be voted upon, directly or indirectly.
8. To guarantee dividends or any shares of the capital
stock of any corporation in which this company at any time may
have an interest as shareholder and to endorse or othezwise
guarantee the payment of principal or interest or both of any
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notes, bonds, or other evidences of indebtedness issued to or
to be issued or created by any issuer in Which, or in the
securities of which, this corporation has a pecuniary interest.
9. To purchase or otherwise acquire, hold,'sell, convey,
lease, mortgage, or otherwise encumber or dispose of real property
or leaseholds and any interest, estate, or right in real pro-
perty to the extent that the same may be deemed useful in
furtherance of the corporation's business.
10. To make, enter into, and perform contracts of every
sort and kind with any person, firm, association,' corporation,
private, public or ,municipal or body politic, whether foreign or
domestic, and with the. Government of the United States or with
any state, territory, or colony ,thereof, or with any foreign
government.
11. To pay pensions and establish pension plans, pension
trusts, profit-sharing plans, stock-bonus plans, stock option
plans and other incentive plans and to provide medical service,
life, sickness, accident, disability or unemployment insurance,
education, housing, social andrecreational'services, and other
similar aids and services for all or any of the directors, offi-
cers and employees of the corporation, or any subsidiary thereof,
wholly, or partly at the expense of the corporation.
12. To indemnify any director or officer or former director
or officer of the corporation, or any person who may have served
at its request as a director or officer o,fanother corporation
in which it owns shares of capital stock or of which it is ,a
creditor, and the personal representatives of all such personS,
against expenses actually and necessarily incurred by him in
connection with the defense of. any action, suit or proceeding
in which he is made a party by reason of being or having been
such director or officer, except in relation to matters as to
which he shall be adjudged in such action, suit or proceeding
to be liable for negligence or misconduct in the performance of
duty, bUt8uch indemnifioations shall not be deemed exclusive
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of any other rights to which such director or officer !nay he
entitled, under any by-laws, agreement, vote of shareholders,
or otherwise.
13, At any meeting of its Board of Directors, by a two-
thirds majority vote of the whole Board, sell, lease, exchange
and/or, convey all of its property and assets, including its
goodwill and its corporate franchises, upon such terms and
conditions and for such consideration or considerations as its
Board of Directors shall deem expedient and for the best inter-
ests of the corporation. And said consideration or considerations
may consist in whole or in part of shares of stock in and/or
other securities of any other corporation or corporations;
PROVIDED, a:Ol'/'EVER, in all such cases the affirmative vote o~
the holders of a two-thirds majority of the stock of said corpora-
tion then issued and outstanding and having voting power shall
be noted in ratification of the action of the Board of Directors,
said note to be taken at a stockholders' meeting of the said
corporation duly called for that purpose. Nothing herein shall
be construed to limit the power of the Board of Directors of
this corporation to sell, lease, exchange and/or convey such
parts or parcels of its real or personal property c:>r assets as"
the Board of Directors may determine are no longer necessary
or expedient to be held by the corporation, nor in any manner
to limit the right and power of the corporation in ordinary
course of its business to sell anyof,its securities or assets.
14. To have and exercise any and all such incidental
powers in addition to those hereinabove enumerated as shall be
proper or convenient to accomplish, the objects, pUrposes ~d
~ers afqresa1d.
ARTICLE ill
Term of Existence
--
This corporation shall have perpetual existence.
ARTICLE !y
Capital Stock
1. ~le capital stock of this corporation shall consist
of fifty thousand (50,000) shares of Common stock of the par
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value of One collar ($1.00) each.
2. The Common Stock of the corporation shall be issued
from time to time upon resolution of the Board of Directors and
when issued shall be fully paid and non-assessable and may be
,issued for cash, property, or services.
3. Any holder of record of Common stock issued and out-
standing shall be entitled as of right to purchase or subscribe
for his proportionate share of any unissued stock or treasury
stock, of any new or additional shares of any class to be issued
'\ by reason of any increase of the authorized capital stock of the
\
\corporation of any :class, or of any bonds, certificates of in-
debtedness, debentures, or other securities convertible into
stock of any class. Said preemptive right is to be exercised
in the following manner:
(a) Prior to issuing or selling the above descri~ed
stock or securities, the Directors shall by resolution determine
the number and price of shares of stock or securities to be
issued or sold.
(b) Within a reasOnable time after adopting said
resolution, there shall, be mailed to each common stockholder,
at his last known address appearing in the records of the
corporation, a letter specifying the ,total number of shares or
securities to be issued or sold pursuant to said resolution and
permitting him to purchase at the specified price the number
of shares or securities to which he is entitled, together with
such other information as the Board of Direotors may deem neces-
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allocable to said stockholder's preemptive right to any buyer it
may elect, but not at a price less than the price referred to in
Paragraph (a) above.
ARTICLE V
~'.
Dires2E!.
The business and affairs of this corporation shall be
vested in a Board of Directors consisting of not less than three
(3) nor more than five (5) members, who need not be stockho:'ders,
and who shall serve for one year terms or until their successora
shall be duly elected and qualified. The names and addresses
of ,the first Board of oirectors are as follows I
STEVE CRONLEY
'.", 599 East Bleeker Stroet
.,... Aspen, Colorado 81611
McLain Flats
Aspen, Colorado 816~1
THOMAS D. Me CAULEY.
1617 N. 4th Street
Aspen, Colorado 81611
The number of Directors may be increased according to
w. E. SMITH
resolution of the Board lof Directors or by action of stockholders
of the corporation at a meeting called for.that purpose. Any
increase in the number of Directors so authorized may be filled
by Directors elected by the Board of Directors, and such Director
shall serve until the next annual stockholders meeting, and shall
apply to the Directors elected at such meeting. The number of
Directors may be reduced only by action of the stockholders
at the annual meeting or a special meeting called for that purpose.
ARTICLE, y.!.
Registered Qf~ ~ Meetin9~
The registered office of our said corporation shall be main-
tained at 599 aleeker Street, in the City of Aspen, County of
Pitkin, state of Colorado 81611; the Registered Agent of the corpor-
ation is Thomas D. McCauley, whose business address is 599 BleeKer
Street, Aspen, Colorado, County of Pitkin. An original stoc~ led~
{or a duplicate thereof if such original be kept by the transfer
agent of the corporation), together with the books required to be ~
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kept by the statutes of the state, of Colorado shall be kept
at the principal office of the corporation in Aspen, Colorado.
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The corporation may carry on business within or without
the State of Colorado in such a manner and to such extent as may
,
from time to time be determined by the Board of Directors.
Annual or special meetings of the stockholders of the Board
of Directors may be held within or without the State of Colorado
at such place or places and at such times as may be hereafter
fixed by the ny-Laws or by resolution of the Board of Directors;
PROVIDED, HOWEVER, that no change of the place of the meeting- of
the stockholders from that previously fixed by the By-Laws or
Board of Directors' resolution shall be made less than thirl:y (30)
days prior to the date of such stockholders' meeting.
ARTICLE ill
Cumulative Voting
Cumulati:ve voting shall not be allowed in the election of
, Directors.
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ARTICLE y!!!
Right ~ Director ~ Officer to
~ ~ Corporation
, A Director of the corporation shall not in the absence of
fraud and provided his adverse'interest is disclosed to the other
Directors, be disqualified by his office from dealing or contracting
.
with the corporation either as investor, lender, vendor or pur-
chaser; nor, in the absence of fraud, shall any transaction or
contract of the corporation be void' or voidable by reason of the'
fact that any Director, or any firm of which any Director is a
member, or any corporation of which any Di,rector is a stockholder,
director, officer or employee is in any way interested in such
contract or transaction provided the Director's adverse interest
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or intereqts in such, firm or corporation be disclosed to the other
Directors.
ARTICLE ~
~~ By-Laws
I
The Board of ii>irectors of this corporation shall have
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or expedient for the proper government and management of the
affairs of this corporation; and to amend, alter, or repeal the
same from time to time as tile Board may deem advisable. Nothing
herein contained shall be construed to prevent the stockholders of
',this corporation at any regular meeting, or at any special Illeeting
c,alled for the purpose, by vote of the holders of a majority
in the amount of the voting stock then outstanding, from amend-
ing, altering or repealing the then existing By-Laws of this
corporation .andadopting any ay-Laws or set of By-Laws.
ARTICLE X
Liquidation of Corporation
Upon any liquidation of, the corporation, distribution of'
the assets of the corporation may be made either in cash or in
kind, or in casu and in kind, accord~ng to the discretion o.fthe,
Board of Directors. Distribution in kind may be valued according
to the good faith determinations of the. Board of pireotors.
ARTICLE g
, Amendments
These Artioles of Inoorporation ,may be amended from t.Lme
to time as may be permitted by the laws of the S,tate of Colorado
't:l1en in force.
INW~TNESS WHEREOF, the above named incorporators have
hereunto set their handa .this n-7V day of January, 1972.
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,.;,. Nic::holas McGrath, Jr.' .
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
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certify that on the ~~day of
, a Notary Public, hereby
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personally appeared before me RmIALDD. AUSTIN, :1. NICHOLAS
MC GRATlI, JR., LEOl~1\RD t.1. OATES, who being by me first duly sworn,
severally declared that they are the persons who signed ~~e
foregoing document as incorporators, and that the statements
therein contained are true.
IV'HEREOF, I have hereunto set my hand and Beal
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.' this,l~ 10 day
of r=:n~~ , 197,2.. ..' '. ,
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cOllllllission expires I. '8&A;gf,"
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Know all men by these presents that Blue Sky, Inc.,
a Colorado corporation, being the owner of certain lands
in the City of Aspen, Pitkin County, Colorado, described
as follows:
Lot 3, Hoag Subdivision
has by these presents laid out, platted and subdivided
the same into one (1) single lot as shown on this plat under
the name_and style of Blue Sky Subdivision and does hereby
dedicate to the public for public pedestrian trail purposes,
that certain 20' easement as shown on the plat as road and
public trail easement, reserving however unto the said
Blue Sky, Inc., it successors, heirs, grantees and assigns
the right of utilization thereof for vehicular access to
the property herein subdivided.
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