File #: 14-454    Name: NEZ Waiver 310 N. Chestnut
Type: Agenda Item Status: Approved
In control: City Council Regular Meeting
On agenda: 5/6/2014 Final action: 5/6/2014
Title: Consider/Discuss/Act on a Request by Ron Lustig for the Waiver of Roadway Impact Fees in Accordance with the Neighborhood Empowerment Zone Impact Fee Waiver Program for the Proposed Multi-family Construction Located at 310 North Chestnut Street
Attachments: 1. Application, 2. Letter of Intent, 3. Location and Aerial Map, 4. Approval Letter, 5. Guidelines for New Construction
Title
Consider/Discuss/Act on a Request by Ron Lustig for the Waiver of Roadway Impact Fees in Accordance with the Neighborhood Empowerment Zone Impact Fee Waiver Program for the Proposed Multi-family Construction Located at 310 North Chestnut Street
 
Summary
 
MEETING DATE:      May 6, 2014
 
DEPARTMENT:       Development Services - Planning
 
CONTACT:        Guy Giersch - Historic Preservation Officer
      Matt Robinson, AICP - Planning Manager
      
RECOMMENDED CITY COUNCIL ACTION:      
 
·      Staff recommends approval of the Impact Fee Waiver request through the NEZ Program.
 
ITEM SUMMARY:
 
·      In accordance with Ordinance No. 2013-11-110, Section 98-84-8 Neighborhood Empowerment Zone (NEZ), the applicants are requesting roadway impact fee waivers for the project located at 310 North Chestnut Street, which consists of seven (7) multi-family dwelling units.
 
·      Approval of the impact fee waiver will result in foregone roadway impact fee revenues of $5,849.52.
 
·      The property is currently vacant and the current assessed ad valorem value of the property by CCAD is $64,904.  
 
·      The project consists of seven (7) multi-family dwelling units.  While this is a multi-family project the function, look, and feel is that of a single-family project.  The project is in conformance with the Guidelines for New Construction in the Neighborhood Empowerment Zone.  The Guidelines require that new construction be compatible with the massing, size, scale, and architectural features of the surrounding homes.  
 
·      As part of the NEZ Impact Fee Waiver Program, impact fees are paid upfront by the developer and reimbursed upon the satisfactory completion of the project in accordance with the approved site/construction plans.
 
 
 
 
CRITERIA FOR ELIGIBILTY:
 
Massing - Massing is derived from the comparison of the totality of the building to the parts of the building.  The entire building is a composition of masses.   Dormers, towers, chimneys, and other facade projections such as bays and porches are masses that contribute to the overall massing of the building.  These elements articulate the overall mass, thus shaping the effect and character of the building to the street and the surrounding area.  The shed dormer and gabled porch roof reduce the massing of the upper roof by increasing the massing of the lower portion of the house.  The house would appear to have an excessively large roof sitting on a small building without the massing of the shed dormer and gabled porch roof breaking up the massing of the main roof.  
 
The row house style construction with space between each building allows for the individual massing of each unit to be expressed.  As a result these new buildings respect the massing of neighboring single family historic buildings.
 
Scale - Scale is the relative or apparent size of a building in relation to its neighbors or some common object such as an automobile or person. Scale is also the relative or apparent size of building elements, such as windows, doors, cornices and other features to each other and to the building. The human scale is achieved by keeping the windows, doors, cornices and other elements within the size and scale of a human. Thus, the scale of these buildings respects the prevailing scale of the neighborhood.   
 
Proportion - Proportion is the relationship of the dimensions of building elements, such as windows and doors, to each other and to the elevations. The design of proposed buildings respects the existing proportions of neighboring buildings.
 
Height - The proposed project is located in in an area that is predominately one and two-story single-family dwellings clad in a variety of weatherboard materials.  The proposed buildings are 1 ½ stories high.
 
Rhythm - In architecture, rhythm is created by an ordered recurrent alternation of voids to solids or generated by the spacing between buildings.  The repetitive nature of the facades and the placement of front doors and windows of the proposed construction create a rhythm that is complementary to the buildings located in the surrounding area.
 
Compatible Architectural Features - The proposed construction uses architectural elements that are typical of homes found within the surrounding neighborhoods.  The overall style is typical of the Arts and Crafts style bungalows found within the neighborhood.  Typical features of this style include exposed rafter tails, knee braces, and brick piers with tapered columns which support a gabled, full-width front porch.  The use of a multi-pane upper sash combined with a single-pane lower sash is typical of this style.  
 
 
BACKGROUND:
 
·      The Neighborhood Empowerment Zone Program (NEZ) was expanded in 2013 to provide a complimentary tool to address infill projects within the Town Center.
 
·      Roadway impact fees and utility impact fees are imposed by the City on all "New Development" in order to generate revenue for funding or recouping the capital costs of roadway and utility system improvements for each service area, which are necessitated by the new development in that service area for a period not to exceed 10 years.
 
·      New Development is defined as any project "involving the subdivision of land and/or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure, or any use or extension of the use of land which has the effect of increasing the requirements for capital improvements, measured by an increase in the number of service units to be generated by such activity, and which requires either the approval and filing with Collin County of a plat pursuant to the City's subdivision ordinance or the issuance of a building permit (or connection to the City's water or wastewater system)."
 
·      Per Ordinance 2013-11-110, roadway impact fee waivers may be granted under Sec. 98-84 (8).  The Neighborhood empowerment zone (NEZ) is created wherein development projects in the defined geographic area may receive impact fee waivers based on specified criteria.
 
2.      Multi-family: Within the NEZ, new multi-family construction, being three or more dwelling units on a single lot and commencing on a lot of record, is eligible to receive roadway impact fee waivers only, provided that the design and completion of the new construction is generally compatible with the massing, size, scale, and architectural features of the surrounding neighborhood. Prior to construction, an application shall be made to the HPO, who will present an eligibility determination for roadway impact fee waivers to the city council for approval or denial based on the proposed construction. The city council shall determine eligibility for impact fee waivers based, in part, on the "Guidelines for New Construction in the NEZ". All impact fees shall be collected at the time of building permit issuance and remitted to the owner upon completion and final inspection of compliant construction.
 
3.      Non-Residential: Within the NEZ, new non-residential or vertically-integrated mixed-use (non-residential and residential uses in a single structure) construction commencing on a lot of record, is eligible to receiver roadway impact fee waivers only provided that the completion of the construction and development project meets at least three (3) of the following criteria:
      a. Compatibility
      b. Amenities
      c. Town Center Master Plan
      d. Investment
      e. Mixed-Use
      f. Job Creation
      g. Vacant/Underutilized Site/Building
 
Financial Summary:
 
·      The NEZ program began in 2009.  To date, twenty-six (26) properties have been awarded impact fee waivers.  The following chart shows how the monies have been dispersed:
 
o      SF-Duplex: $77,366.15
o      Multi-family: $0.00
o      Non-Residential/Mixed-Use: $0.00
 
BOARD AND COMMISSION RECOMMENDATION:  N/A