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Home My WebLink Aboutordinance.council.15-25(IIIII IIIII IIIII I IIII IIIII IIIII IIIII IIII it I III IIIII IIIII Illil IIII IIIII IIII RECEPTION#: 714081, R: $43.00, D: $0.00 DOC CODE: ORDINANCE Pg 1 of 8, 01 /06/2026 at 09:36:10 AM Ingrid K. Grueter, Pitkin County, CO ORDINANCE #15 (SERIES OF 2025) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A MINOR PLANNED DEVELOPMENT AMENDMENT TO A PROJECT REVIEW APPROVAL, 8040 GREENLINE REVIEW, AND CONDITIONAL USE REVIEW FOR REMOVAL OF THE LITTLE NELL LIFT AND REPLACEMENT WITH THE NELL BELL LIFT AT THE PROPERTY COMMONLY KNOWN AS 611 EAST DURANT AVENUE; LEGALLY DESCRIBED AS LOTS 19 29 AND 3, LITTLE NELL SUBDIVISION, COMMON AREA, RESIDENCES AT THE LITTLE NELL, AND THE PORTION OF PARCEL #2735-134-00-028 THAT LIES WITHIN CITY LIMITS (SEE EXHIBIT A FOR FULL LEGAL DESCRIPTIONS). Parcel ID: 2735-134-00-028; 2737-182-50-101: 2737-182-50-102; 2737-182-50-103; and 2737-182-96-800 WHEREAS, the Community Development Department received an application from Aspen Skiing Company, PO Box 1248, Aspen, CO 81611 c/o Eric Neumeyer and Mak Keeling (Applicant), requesting approval for the following land use review approvals: • Minor Planned Development Project Review Amendment pursuant to Land Use Code Section 26.445.110; and, • 8040 Greenline Review pursuant to Land Use Code Section 26.435.030; and, • Conditional Use Review pursuant to Land Use Code Section 26.425. WHEREAS, the Community Development Department Staff reviewed the application for compliance with the applicable review standards; and, WHEREAS, the Aspen City Council has reviewed and considered the request under the applicable provisions of the Municipal Code as identified herein, has reviewed, and considered the recommendation of the Community Development Director, and has taken and considered public comments at a public hearing; and, WHEREAS, the Aspen City Council reviewed the application at a regular meeting on November 18th, 2025 and approved Ordinance # 15, Series of 2025 in a five to zero (5 to 0) vote at First Reading; and, WHEREAS, the Aspen City Council reviewed the application at a regular meeting on December 2nd, 2025, and approved Ordinance #15, Series of 2025 in a five to zero (5 to 0) to approve the request; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare, and, Council Ordinance #15, Series of 2025 Page 1 of 8 i THEREFORE RESOLVED, ASPEN COUNCIL APPROVES I, THE FOLLOWING: Section 1: Conditional Use Approvals City Council grants approval to remove the existing Little Nell lift terminal and towers to be replaced with a new detachable quad chairlift, called the Nell Bell lift, new lift terminals, towers, and associated lift operator shack. The lift towers are approved as a conditional_ use to exceed the maximum height limitation in the Conservation (C) Zone District in substantial compliance as shown on Exhibit B Proposed Plans. Section 2: Vested Rights The development approvals granted herein shall constitute a vested property right attaching to and running with the lot 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 right. Section 3: 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 Planning and Zoning Commission, are hereby incorporated in such site development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 4: 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 5: 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 be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ, AND ORDERED PUBLISHED, as provided by law, by the City Council of the City of Aspen on the 18th day of November, 2025. ATTEST: Nicole Henning, City Cle R hael Richards, M o Council Ordinance 415, Series of 2025 Page 2 of 8 FINALLY, adopted, passed, and approved by a five to zero (5-0) vote on this 2nd day of December, i►. 041 Approved as to form: Approved as to content: '171 Kate oh n, City Attorney Ra hael Richards, Mayo Attest: l � Nicole Henning, City Cl rk Attachments: Exhibit A: Legal Descriptions Exhibit B: Proposed Plans Council Ordinance #15, Series of 2025 Page 3 of 8 Exhibit A: Legal Descriptions Portion of Parcel #2735-134-00-028 that lies within City Limits A Portion of Land situated in Northwest one —quarter of Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian. Said land is part of the Millionaire Lode, MS 3620 A. AM. and Betsy Jane Lode, MS 3623 that lies within the limits of the City of Aspen, Pitkin County, Colorado, and is more fully described as follows: BEGINNING at the Southwest Corner of Lot 3, Little Nell Subdon, as described on that First Amended Plot of Little Nell Subdivision, Recorded May 17, 2005 under Reception No. 510202, from which Aspen Townsite Corner 9 ' being a 1 " Brass Plug set in Brick stamped L.S. 28643 bears N20*10'07'E a distance of 532.56 feet, THENCE along the Southerly boundary of said Lot 3 S79*37"28"E a distance of 387.52 feet to the Northwest corner of that Tract of land described in that Special Warranty Deed Recorded August 13, 1975 under Reception No. 176949; THENCE along the Westerly boundary of said Tract the following two (2) courses: 1. S18*45'40"'W a distance of 31.41 feet; 2. S15*00'40"W a distance of 714.58 feet to a point on the Southerly boundary of the City of Aspen Townsite Limits, as described on that plat of South Annexation to the City of Aspen, Colorado recorded March 24, 1967 under Reception No. 126911; THENCE along the Southerly border of said City of Aspen Townsite Limits N69*46'33"W a distance of 349.91 feet to a point on the Easterly boundary of that Parcel as described in that Quit Claim Deed recorded September 27, 1978 under Reception No. 207703; THENCE along the Easterly boundary of said Quit Claim Deed N08*5225"E a distance of 398.13 feet to the corner common with the Northeast corner of said Quit Claim Deed and the Southeast corner of that Parcel as described in that Condominium Map of High on the Hill Condominiums recorded May 4. 1979 under Reception No. 214169; THENCE along the Easterly boundary of said Condominium Map N16*2225"E distance of 287.04 feet, to the POINT OF BEGINNING. Said Portion of Land containing 6.18 acres (269,146 square feet), more or less. All bearings recited hereon are relative to an assumed bearing of N61*13'38"E, between a found 1" Bross Plug in Concrete Stamped 28643 in the common line of Lot 1, Residences at the Little Nell under Plot Book 116, Page 22 and Lot 2, Little Nell Subdivision under Reception No. 510202 and found P—K Nail with Shiner and 1.25" Yellow Plastic Cap, illegible, in Concrete at the Northeast corner of said Lot 2. Council Ordinance #15, Series of 2025 Page 4 of 8 Lots 1, 2, and 3, Little Nell Subdivision, As Shown and Described on the First Amended Plat of Little Nell Subdivision, Recorded May 17, 2005 Under Reception NO. 510202, County of Pitkin, State of Colorado. Lot 1 Parcel #2737-182-50-101 Lot 2 Parcel #2737-182-50-102 Lot 3 Parcel #2737-182-50-103 Common Area, Residences at The Little Nell, According to the Condominium Exemption Map Thereof Recorded November 26, 2008 in Plat Book 89 at Page 32 and First Amendment thereto Recorded November 10, 2016 in Plat Book 116 at Page 22 and as Defined and Described in the Declaration of Condominium for Residences at Little Nell Recorded November 26, 2008 as Reception No. 554607 and Definitive First Amendment to Declaration of Condominium for Residences at The Little Nell Recorded March 29, 2010 as Reception No. 568015 and Re - Recorded March 29, 2010 as Reception No. 568018 and Second Amendment Thereto Recorded July 30, 2013 as Reception No. 601963 and Third Amendment Thereto Recorded November 10, 2016 as Reception No. 533784, County of Pitkin, State of Colorado. 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