HomeMy WebLinkAboutMemo.314 W Main.20210309
MEMORANDUM
TO:Mayor Torre and Aspen City Council
FROM:Sarah Yoon, Preservation Planner; Community Development
THROUGH:Phillip Supino, Community Development Director
MEMO DATE:March1, 2021
MEETING DATE:March 9, 2021
RE:Ordinance No. 03, Series of 2021; 314 West Main Street - Establishment of Transferable Development Rights (TDR)
Applicant:
314 West Main LLC, Wendi Sturgis, Manager
Representative:
BendonAdams LLC
Location:
314 W. Main Street;
Lot B, Historic Landmark Lot Split at 320 W. Main Street, According to the Final Plat Recorded September 3, 2003 in Plat Book 66 at Page 32, City and Townsite of Aspen, Colorado.
Current Zoning & Use:
Mixed Use (MU); Residential Use.Summary:The owners of 314 W. Main Street propose to convert unused floor area into three Transferable Development Rights (TDRs).Staff Recommendation: Staff recommends City Council approve the establishment of up to three TDRs, on first readingVicinity Map – Aerial Image
314 W. Main Street, 1991
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.
SUMMARY AND BACKGROUND:314 West Main Streetis a designated landmark property that qualifies for the preservation benefit to sever unused development rights from the parcel by establishing TDRs in increments of 250 square feet. The applicant proposes to remove most of the remaining residential development rights left on the property in the form of Transferable Development Rights (TDRs). For the purpose of establishing TDRs, the applicant is required to determine the maximum allowable floor area for residential development on the parcel and determine the remaining unused floor area. All calculations must be verified by Zoning prior to the issuance of TDR certificates.
Background
314 West Main Street is a 4,500 sf lot that was created through a Historic Landmark Lot Split via Ordinance #14, Series of 2002. This lot split approval included a 500 sf floor area bonus for the sole purpose of allowing the existing historic structures to remain in place. No additional floor area bonus is available to the property unless provided through a future amendment to the land use code. 314 W. Main Street contains the historic carriage house that is associated with the Smith-Elisha House on the adjacent lot addressed 320 W. Main Street.
Although this is a 4,500 sf lot, slope deductions reduce the final net lot area to 3,431.24 sf. The maximum floor area for a single-family dwellingfor the purposes of creating TDRs is approximately 2,520 sf. According to the as-built survey provided in the application, the floor area calculations are as follows:
•Allowable Floor Area = 2,520.4 square feet
•Existing Floor Area = 1,725.24 square feet
•Total Floor Area Remaining = 795.16 square feet
The remaining floor area may be converted into three TDRs, which will consume all but 45.16 square feet of allowed development rights on the site.
HPC Meeting Summary
The Historic Preservation Commission (HPC) met on February 24, 2021 to discuss the application for establishing three TDRs. The establishment of TDRs is encouraged because it removes development rights from the property which prevents the increase of additional mass and scale to the historic resource. HPC voted unanimously (4-0) in favor of the proposed request.
Both Historic Preservation staff and the HPC recommend City Council approve the establishment of three TDRs. See Exhibit B – HPC draft meeting minutes for more details.
DISCUSSION:
The standard of review for the establishment of TDRs is in Section 26.535.070 of the Land Use Code. The applicant demonstrates the existence of unused development rights exceeding two hundred fifty square feet of floor area on the parcel. Underlying zoning permits the use of single-family residential, and the code allows for TDRs to be calculated using 100% of the maximum allowable floor area.The severing of development rightswill not create anynon-conformity on this site. 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/change of ownership of the TDRs to the City of Aspen Community Development Department within five days of the transaction. Staff finds the criteria for establishing TDRs are met. (See Exhibit A for review criteria and staff findings.)
FINANCIAL IMPACTS:N/A
ENVIRONMENTAL IMPACTS: N/A
ALTERNATIVES:N/A
RECOMMENDATIONS:Staff and the HPC recommends approval of Ordinance No.03, Series of 2021 on First Reading and setting the public hearing for April 14, 2021.Recommended Motion“I move to approve Ordinance No.03, Series of 2021 and setting Seconding Reading for April 14, 2021.”
CITYMANAGER COMMENTS:
EXHIBITS:
A – TDR Review Criteria & Staff Findings
B – HPC Meeting Minutes from February 24, 2021
C – Land Use Application