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HomeMy WebLinkAboutExhibitA TDRCriteria&StaffFindings.314 W Main Page 1 of 3 Exhibit A Transferable Development Rights Criteria Staff Findings Section 26.535.070 A historic TDR certificate may be established by the Mayor if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: A. The sending site is a historic landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall not be eligible. Staff Findings: 314 W. Main is a designated historic landmark that is an eligible sending site that can establish and sever transferable development rights (TDRs). Single-family residential and duplex development are permitted uses in the Mixed Use (MU) zone district. Staff finds this criterion is met. B. It is demonstrated that the sending site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates requested. Staff Findings: For the purposes of calculating TDRs, the maximum allowable floor area for a single-family home on a 3,431.24 square foot lot is approximately 2,520.4 square feet. The applicant has provided as-built calculations indicating that 795.16 square feet of unbuilt floor area remains on the lot, which will result in a total of three TDRs and 45.16 square feet remaining. Final floor area calculations shall be verified by the City’s Zoning Department prior to issuance. Staff finds this criterion is met. C. It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. Staff Findings: The creation of TDRs will not create or increase a nonconformity. Staff finds this criterion is met. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the sending site to gain floor area bonuses, exemptions or similar potential development incentives. Properties in the MU Zone District which do not currently contain a single-family home or duplex established prior to the adoption of Ordinance #7, Series of 2005, shall be permitted to base the calculation of TDRs on 100% of the allowable floor area on an equivalent-sized lot in the R-6 zone district. This is only for the purpose of creating TDRs and does not Page 2 of 3 permit the on-site development of 100% of the allowable floor area on an equivalent-sized lot in the R-6 zone district. If the additional 20% of allowable floor area exceeds 500 square feet, the applicant may not request a floor area bonus from HPC at any time in the future. Any development order to develop floor area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Findings: This criterion allows for properties in the MU zone district to calculate TDRs by using 100% of the allowable floor area for a single-family home. The applicant is calculating 2,520.4 square feet as the maximum allowable floor area for this lot. Staff finds that this criterion is met. E. The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. For properties with multiple or unlimited floor areas for certain types of allowed uses, the maximum development of the property, independent of the established property use, shall be the floor area of a single-family or duplex residence (whichever is permitted) minus two hundred fifty (250) square feet of floor area multiplies by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as may be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Findings: At the point of issuing a TDR certificate, the applicant will be required to file a deed restriction that will permanently reduce the allowable floor area by 250 square feet. All documents shall be reviewed by the City Attorney prior to execution. F. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. Staff Findings: This is a mandatory process that the applicant must pursue. Page 3 of 3 G. It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. Staff Findings: The applicant has provided detailed floor area calculations as part of the proposal. Final calculations shall be reviewed by The City prior to the issuance of the TDR certificate. H. The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be reported by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely or accurately report such transfer shall not render the transferable development right certificate void. Staff Findings: This is a mandatory process that the applicant must pursue. I. TDR certificates may be issued at the pace preferred by the property owner. Staff Findings: N/A J. City Council may find that the creation of TDRs is not the best preservation solution for the affected historic resource and deny the application to create TDRs. HPC shall provide Council with a recommendation. Staff Findings: The applicant is requesting HPC recommend in favor of establishing up to three (3) TDRs with this application. HPC is a recommending body and City Council is the final authority for granting the TDR request.