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DOC CODE: ORDINANCE
Pg 1 of 3, 07/23/2026 at 11:07:50 AM
Ingrid K. Grueter, Pitkin County, CO
ORDINANCE NO. 12
(SERIES OF 2026)
AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS CERTIFICATE
FOR THE PROPERTY LOCATED AT 406 W SMUGGLER STREET, LEGALLY
DESCRIBED AS, LOTS P & Q, BLOCK 33, CITY AND TOWNSITE OF ASPEN; AND
LOTS 16 & 17, BLOCK 33, HALLAM'S ADDITION TO THE CITY AND TOWNSITE
OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
PARCEL ID: 2735-124-12-003
WHEREAS, the applicant, Smuggler Mountain HoldCo, LLC, 3889 Maple Ave, Ste 500
Dallas, TX 75219, represented by Kim Raymond Architecture + Interiors, has requested
approval to establish one (1) Transferrable Development Right Certificate for the property
located at 406 W. Smuggler St., Lots P & Q, Block 33, City & Townsite of Aspen; & Lots 16 &
17, Block 33, Hallam's Addition to the City & Townsite of Aspen; and
• Transferable Development Rights (TDR) - Section 26.535 for the establishment of up to
one (1) TDR, leaving 173 square feet of residential development on this historic parcel.
WHEREAS, the Community Development Department reviewed the proposed
application and found that the review standards were met; and
WHEREAS, the Historic Preservation Commission reviewed the application on
February 25, 2026, during which the recommendations of the Community Development
Department were heard by the Historic Preservation Commission (HPC), and the Commission
recommended in favor of the establishment of one (1) TDR through Resolution #03, Series of
2026, by a vote of four to zero (4 — 0).
WHEREAS, City Council has reviewed and considered the development proposal under
the applicable provisions of the Municipal Code as identified herein, has reviewed and considered
the recommendations of the Community Development Director and the Historic Preservation
Commission; and,
WHEREAS, on June 9, 2026, the Aspen City Council approved Ordinance No. 12, Series
of 2026, on First Reading; and,
WHEREAS, during a duly noticed public hearing on June 23, 2026, the Aspen City
Council approved Ordinance No. 12, Series of 2026, on Second Reading by a four to zero (4 — 0)
vote, approving the establishment of one (1) TDR; and,
WHEREAS, City Council finds that the development proposal meets or exceeds all the
applicable development standards.
Ordinance No. 12, Series of 2026
406 W. Smuggler Street
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL
AS FOLLOWS:
Section l: Transferable Development Rights (TDR)
Pursuant to the findings set forth above, the City Council does hereby authorize the creation of one
(1) TDR from 406 W. Smuggler Street, legally described as Lots P & Q, Block 33, City and
Townsite of Aspen; and Lots 16 & 17, block 33, Hallam's Addition to the City and Townsite of
Aspen, County of Pitkin, with the following conditions:
1. Commencing with the severing of the first TDR from the property, the maximum floor area
for the lot shall be 3,600 square feet minus 250 square feet for each TDR Certificate issued.
2. Upon satisfaction of all requirements, the City and the applicant shall establish a date on
which the respective Historic TDR Certificate shall be validated and issued by the City and a
deed restriction on the property shall be accepted by the City and filed with the Pitkin County
Clerk and Recorder. The property owner may decide when and if, as warranted by the TDR
market, the development rights will be converted into certificates and sold.
3. On the mutually agreed upon date, the Mayor of the City of Aspen shall execute and deliver
the applicable number of Historic TDR Certificates to the property owner and the property
owner shall execute and deliver a deed restriction lessening the available development right
of the Sending Site by 250 square feet per TDR together with the appropriate fee for
recording the deed restriction with the Pitkin County Clerk and Recorder's Office.
4. All calculations shall be verified by the City prior to the issuance of Historic TDR
Certificates.
Section 2: Existing Litigation
This ordinance 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 3: 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.
Section 4: Public Hearing
A duly noticed public hearing on this Ordinance was held on the 23rd day of June, 2026 at 5:00 PM
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
Ordinance No. 12, Series of 2026
406 W. Smuggler Street
Page 2 of 3
INTRODUCED, READ AND ORDERED PUBLISED as provided by law, by the City
Council of the City of Aspen on the 9th day of June, 2026.
Attest:
Nicole Henning, City Clerk
Approved as to content:
FINALLY, adopted, passed and approved this 23rd day of June, 2026.
Approved as to form:
Kfharine Jo h , City Attorney
Attest:
c
Nicole Henning, City Cle
Approved as to content:
-"j
John Doyle, May o Pro Tem
Ordinance No. 12, Series of 2026
406 W. Smuggler Street
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