HomeMy WebLinkAbout212 N Monarch TDR_MEMO CC 2nd Reading
Page 1 of 5
130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Michelle Bonfils Thibeault, Planner II
THROUGH: Phillip Supino, AICP, Community Development Director
MEMO DATE: March 29, 2021
MEETING DATE: April 13, 2021
RE: 212 N. Monarch: Establishment of Transferable Development Rights (TDR)
APPLICANT /OWNER:
Philip R Hodgson and Patricia
Hodgson Family Trust
REPRESENTATIVE:
Alan Richman Planning Services,
Inc.
LOCATION:
Street Address:
212 N. Monarch Street
Legal Description:
The South Sixty-Two Feet of Lots
A, B, and C, Block 78 City and
Townsite of Aspen, Colorado
Parcel Identification Number:
PID# 2737-073-17-003
CURRENT ZONING & USE
R-6 (Medium-Density Residential);
Historic Landmark (H); The
property is developed with a
designated historic structure
known as the Kobey House.
PROPOSED ZONING & USE:
No change
SUMMARY: The applicant requests approval by City Council to
establish two (2) historic transferrable development rights (TDR’s)
which will remove 500 square feet of undeveloped floor area from
the 212 N. Monarch Street property. The property is a designated
Historic Landmark containing the historic structure known as the
Kobey house. While HPC has no formal role in the establishment
of Historic TDR Certificates, the applicant requests a
recommendation to Council to maintain the historic landmark by
establishing two TDRs removing 500 square feet of available floor
area from the historic lot.
STAFF RECOMMENDATION: Staff recommends approval of the
request to establish two (2) historic transferrable development rights
(TDR’s) extinguishing 500 square feet of development rights from
the property to further preserve the Historic Landmark known as the
Kobey House.
VICINITY MAP
Page 2 of 5
130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
REQUEST OF COUNCIL: The Applicant is requesting the following Land Use approvals from City
Council. Council has the final decision-making authority on the requests.
• Transferable Development Rights (Section 26.535) for the establishment of two TDRs,
representing all but 126 square feet of the remaining residential development allowed on
this historic parcel.
The applicant proposes to maintain the historic landmark and extinguish the unused, remaining
development rights on the property. The applicant requests approval to remove 500 square feet
of developable floor area from the historic lot through the establishment of two (2) Transferable
Development Rights (TDRs). Historic TDR Certificates are issued in increments of 250 square
feet.
BACKGROUND:
212 N. Monarch Street is approximately 5,634 s.f. lot in size and located in the R-6 zone district.
The lot contains an historic Late Victorian structure, known as the Kobey House, built in 1888.
The structure has been inhabited as a residence for over 120 years.
Figure 1: Photo of subject site view from Monarch Street.
Page 3 of 5
130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
The entire property is historically designated via Ordinance #57, Series of 1981. Pursuant to HPC
Resolution #009, Series of 2010, the Historic Preservation Commission granted approval to install
a driveway along the north side of the property.
The applicant is the resident-owner of the property and has maintained the historic integrity of the
property since the purchase nearly 50 years ago. The applicant requests to create two (2) historic
transferable development rights (TDR’s), the revenues from which will be used to continue to
maintain the property under the same family ownership.
Only two land use applications have occurred on the property during the 50-year ownership of the
applicant. The first land use application was historic designation by Ordinance No. 57, Series of
1981. The second land use application was Minor Development approval of a driveway along the
northern side of the property, approved by the Historic Preservation Commission Resolution No.
009, Series of 2010. No other benefits, variations, or such have been requested by the property
owner during the 50 years of ownership of this historic resource.
DISCUSSION:
The maximum floor area for constructing a single-family dwelling on a 5,634 s.f. lot in the R-6
zone district is 3,122 s.f.. The property is subject to slope reductions in lot area as follows:
5,634 s.f. gross lot area
-333 s.f. lot area with slopes greater than 30% (eliminated from the net lot area)
- 44 s.f. 89 s.f. on slopes between 20 – 30 %, of which only half count toward the net lot area
5,256 Lot Area for calculating Floor Area
Pursuant to Section 26.710.040, the allowable floor area on the 5,256 s.f. property is 3,031 s.f..
Following is the calculation demonstrating available floor area to be extinguished by creating two
(2) Historic TDR certificates.
3,031 s.f. allowable floor area
2,405 s.f. existing floor area of Historic Landmark
626 s.f. undeveloped floor area and existing development rights
The remaining floor area that may be converted into TDRs on 212 West Monarch equals 626
square feet. The applicant requests approval for 2 TDRs, the severing of which will leave a
remainder of 126 square feet of allowed development rights on the site.
The property is an historic landmark and the applicant has demonstrated the existence of unused
development rights exceeding two hundred fifty square feet (250) square feet of floor area on the
parcel. Once the TDRs are created the applicant plans to comply with the required steps of
executing and delivering a deed restriction. A draft deed restriction was submitted with the
application. In addition, the applicant agrees to disclose information related to the sale,
assignment, conveyance or other transfer or change of ownership of the TDRs to the City of
Page 4 of 5
130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
Aspen Community Development Department within five (5) days. The review criteria for the
creation of TDRs and staff analysis of those criteria are attached as Exhibit A. Staff finds the
criteria for establishing TDRs are met.
At the February 24, 2021 Historic Preservation Committee (HPC) meeting, the committee
unanimously agreed that the application meets the intent of the TDR program by removing
existing development rights from the property, further protecting the historic resource and similarly
financially incentivizing the applicant with the ability to sell TDRs associated with the property.
City Council 1st Reading:
On March 9, 2021, City Council heard the request to establish Transferable Development Rights
(TDRs) for this site on first reading. At the meeting City Council asked the following question
regarding the request:
1. Council asked for an overview of the City’s TDR program, specifically regarding the floor
area associated with each TDR, allowed landing sites, and a TDR purchaser’s rights. A TDR
certificate is calculated in increments of 250 s.f. of floor area or 500 s.f. of net livable area. Landing
sites for TDRs are detailed in Chapter 26.710 (Zone Districts). TDRs may be sold, assigned,
transferred, or conveyed. Under the direction of City Council, staff is in the process of preparing
an information only memo about the Transferable Development Rights (TDR) program.
2. Council asked if the square footage associated with creating two TDRs from the subject
property had to be contiguous to be severed from the property. TDRs are based on the concept
of a maximum amount of square footage allowed on a lot in consideration of zoning, lot size, and
existing development on the site. Severing the development right from a property is conceptual
in nature and not specific to a certain location on the property. The amount of conceptual square
footage being severed must be specifically determined to create the TDR(s).
REQUEST OF COUNCIL: The Applicant is requesting the following approval from City Council.
• Transferable Development Rights (Section 26.535) for the establishment of three TDRs,
representing remaining residential development allowed on this historic lot. The Historic
Preservation Commission is a recommending body and Aspen City Council is the final review
authority.
FINANCIAL IMPACTS: N/A
ENVIRONMENTAL IMPACTS: N/A
ALTERNATIVES: N/A
RECOMMENDATION: Staff and HPC recommends approval of Ordinance No. 04, Series of 2021
on Second Reading.
Page 5 of 5
130 South Galena Street Aspen, CO 81611-1975 | P: 970.920.5197 | cityofaspen.com
CITY MANAGER COMMENTS:
PROPOSED MOTION:
“I move to approve Ordinance No. 04 Series of 2021 on Second Reading.”
ATTACHMENTS:
Ordinance # 004, Series of 2021
Exhibit A – Review Criteria & Staff Findings
Exhibit B – HPC Meeting Minutes (Feb 24, 2021) and HPC Resolution #004, Series of 2021
Exhibit C – Land Use Application