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RECEPTION#: 655684, R: $23.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 3, 05/02/2019 at 04:06:01 PM
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION #8, SERIES OF 2019
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING
FINAL MAJOR DEVELOPMENT AND FINAL COMMERCIAL DESIGN FOR 3o4 E.
HOPKINS AVENUE, UNITS 1-5, THE SEGUIN BUILDING CONDOMINIUMS, CITY AND
TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2737-073-75-001 to -005,
2737-073-75-800
WHEREAS, the applicant, Hillstone Restaurant Group, represented by BendonAdams,
submitted an application requesting Final Major Development and Final Commercial Design
approval for 304 E. Hopkins Avenue, Units 1-5, The Seguin Building Condominiums, City and
Townsite of Aspen, Colorado; and
WHEREAS, Community Development Department staff reviewed the application for
compliance with the applicable review criteria, considered the input of other City Departments,
and recommended final approval of the project with conditions; and,
WHEREAS, the Aspen Historic Preservation Commission reviewed and considered the
development proposal under the applicable provisions of the Municipal Code, reviewed and
considered the recommendation of the Community Development staff and invited public
comment at duly noticed public hearing on April 101h, 2019, at which time the Commission
approved the proposal with conditions by a vote of 6 to o.
NOW, THEREFORE, BE IT RESOLVED:
Section 1: Approval
HPC grants Final Major Development and Final Commercial Design approval for the
redevelopment of 304 E. Hopkins Avenue with the following conditions:
1. If additional utility meters not represented in this approved design must be
accommodated on-site, the applicant shall submit a proposal for review by staff and
monitor.
2. The development approvals granted herein shall constitute a site-specific development
plan vested for a period of three (3) years from the date of issuance of a development
order. However, any failure to abide by any of the terms and conditions attendant to
this approval shall result in the forfeiture of said vested property rights. Unless
otherwise exempted or extended, failure to properly record all plats and agreements
required to be recorded,as specified herein, within 18o days of the effective date of the
development order shall also result in the forfeiture of said vested property rights and
shall render the development order void within the meaning of Section 26.104.050(Void
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permits). Zoning that is not part of the approved site-specific development plan shall
not result in the creation of a vested property right.
No later than fourteen (14) days following final approval of all requisite reviews necessary
to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to
be published in a newspaper of general circulation within the jurisdictional boundaries of
the City of Aspen, a notice advising the general public of the approval of a site specific
development plan and creation of a vested property right pursuant to this Title. Such
notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval of a site specific
development plan, and the creation of a vested property right,valid for a period of three
(3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following described property: 304 E.
Hopkins Avenue.
Nothing in this approval shall exempt the development order from subsequent reviews
and approvals required by this approval of the general rules, regulations and ordinances
or the City of Aspen provided that such reviews and approvals are not inconsistent with
this approval.
The approval granted hereby shall be subject to all rights of referendum and judicial
review; the period of time permitted by law for the exercise of such rights shall not begin
to run until the date of publication of the notice of final development approval as
required under Section 26.304.070(A). The rights of referendum shall be limited as set
forth in the Colorado Constitution and the Aspen Home Rule Charter.
Section 2: Material Representations
All material representations and commitments made by the Applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Community Development Department, the Historic
Preservation Commission, or the Aspen City Council are hereby incorporated in such plan
development approvals and the same shall be complied with as if fully set forth herein, unless
amended by other specific conditions or an authorized authority.
Section 3: Existing Litigation
This Resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
ordinances.
Section 4:_Severability
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
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be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereof.
APPROVED BY THE COMMISSION at its regular meeting on the lot' of April, 2019.
Approv as 'orm: Approved as to content:
An `ra4iry Assistant ity Attorney Gre en hair
Attest:
Jeannine Stickle, Records Manager
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