HomeMy WebLinkAboutCity Council 2nd Reading Memo.314 W Main.20210413 MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Sarah Yoon, Preservation Planner; Community Development
THROUGH: Phillip Supino, Community Development Director
MEMO DATE: April 5, 2021
MEETING DATE: April 13, 2021
RE: Ordinance No. 03, Series of 2021; 314 West Main Street - Establishment of
Transferable Development Rights (TDR), PUBLIC HEARING
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 reading
Vicinity Map – Aerial Image
314 W. Main Street, 1991
Page 2 of 4
Establishment of TDRs
314 W. Main Street
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 square feet of floor area or 500 square feet 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 appearance of 314 W. Main Street (the historic carriage house) was
changed and if the structure was moved from its original location on the lot. Exterior repair
and changes such as repainting the exterior of the historic carriage house have been made, but
the structure remains in its original location on the site and maintains its historic relationship with
the Smith-Elisha House on the adjacent lot.
3. Council asked if all the conditions outlined in Section 2 of Ordinance #14, Series of 2002
were met within the timeframe set forth in the ordinance. All required conditions in the
ordinance were met. Ordinance #14, Series of 2002 approved the request for a historic landmark
lot split on June 24, 2020. This approval included the granting of a 500 square foot floor area bonus
upon the completion of preservation related work on the principal historic structure at 320 W. Main
Street. The applicant worked with staff and completed the specified preservation work on the
principal structure prior to December 31, 2002.
4. Council asked where the 500 square foot floor area bonus was applied. At the time of the
historic landmark lot split, a 500 square foot floor area bonus was granted with the sole purpose of
allowing the historic Smith-Elisha home (320 W. Main Street) to remain in place. The approvals
clearly state, “the bonus is not being awarded to allow any expansion on the property.” No part of
this floor area bonus was used on 314 W. Main Street.
Page 3 of 4
Establishment of TDRs
314 W. Main Street
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 Street is 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 all but 45.16 square feet 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 square foot lot that was created through a Historic Landmark Lot Split via
Ordinance #14, Series of 2002. 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. It is the lot with the carriage
house that seeks to create TDRs.
Although this is a 4,500 square foot lot, slope deductions reduce the final net lot area to 3,431.24 square
feet. The maximum floor area for a single-family dwelling for the purposes of creating TDRs is
approximately 2,520 square feet. 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 250 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
rights will not create any non-conforming uses or structures 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
Page 4 of 4
Establishment of TDRs
314 W. Main Street
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 Second Reading.
Recommended Motion
“I move to adopt Ordinance No. 03, Series of 2021.”
CITY MANAGER COMMENTS:
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EXHIBITS:
A – TDR Review Criteria & Staff Findings
B – HPC Meeting Minutes from February 24, 2021
C – Land Use Application