HomeMy WebLinkAboutLL 05 of 2002 Rezone Tax Parcels to MR-Linderman Creek.pdfTOWN OF riTIACA
LOCAL LAW NO..5 FOR TOF YFAR ^002
A LOCAL LAW AMLNDING THF/1X)WN OF Fi^HACA ZONING ORDINANCE AND MAP
REZONINC;PORTIONS OFTAX PARCELS NOS.27-01-13.12 AND 27-01-13.16 LOCATED
ON N.Y.S.ROUTE 79 FROM RF^IDENCE DISTRICT R-IS TO MiriTIPLE RESIDENCE
DISTRICF.
(Lindennaii Creek AiKu tmenl.s-Pha.ses 2 and 3)
Be it enacted by the Town Board ol the Town ofltliaca as follows:
Section 1.Ainendinent to Zoning Ordinance.Xdic Zoning Ordinance of the 3 ownoi ltliaca
as adopted,amended and revised elTective Fcbruaiy 26,1968,and subsequently amended,isfurther
amended as follows:
1.Rezonint;.The zoning map dated April 11,1988,as amended to date, is hereby further
amended by rezoning thelandsdescribedon ScheduleAincorporated into tliis loc<il law from
Residence District R-1.5 to Multiple Residence District.
2. Additional Conditions.31le area being so rezoned to Multiple Residence is .subject,in
addition to the conditions,restrictions,and limitations set forth in the zoning law relating to
Multiple Re.sidence Districts generally and miy other limitations and restriction.s,to the
following additional conditions:
a.MiLximum Number of Units. A maximum of .96 dwelling unitsshallbe located inthe
district to be contained in no more than twelve multiple residence buildings.In
a<ldition,one-community building may be constructed.33ie area being rezoned is
Phases2 and 3 of the Landermmi Creek Apartment complex.33iere luts previously
been rezoned an area to tbe east of the area being rezoned by this local law,wliich
easterly ju-ea is api)roximately 9.818 acresandisshownasPhase 1on themap entitled
'Proposed Zone Change for Pha.ses 2 &3 Linderman Creek Apartments" referred to
below.33ie limitations ofnumbersof units and buildings set forth herein are J^^regate
limits applying only to Pha.ses 2 and 3 of the Linderman Creek Project.Pha.se i is
subject to its own set of conditions and restrictions.
1).Coid'ormance to Plan.33ie construction intherezoned mea shall be substantially in
accordance with theplan entitled "Linderman Creek Apiu tmenls Pluise II,Prelimimuy
vSite Plan and Delriils 1.-1"dated January 17,2002 with only such cluuiges therein as
maybeapproved bythe PlanningBoard, such con.struction to con.sist es.sentially ofthe
constructionofa community building and of twelve additioiuU building^i containing in
the aggreg-ate approximately 16 one-bedroom apartments, 72 two bedroom
apartments,and 8 three-bedroom apartments.
c. Low Income Flousiim'.In accordance with (he application .seeking rczotiing of the
property, the proposed dMclling units will be limitedinthe amount of rent i Iiargedlbr
same in accordance with t,he following |)r()visions:
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(i)Income Rcstriclioiis and Dunilion.For h |)en()(l ol Uriccn ye^irsIroni the diUc
a permanenl ccrlilk atc of occupJincy is issued for llie lasl building in llie
project at least 72 ol the units shall be made available solely to low income
tenants in accordance with the terms of this local law.This restriction shall
terminate at the end orsuch iiftcen year period.
(A) Definition. For the purpose of this loccil lawa "low income tenant"
shall be atenant (either individual or family asthe case may be)who.se
income is not more than 60% of the median family income in
Tompkins County at the time ol rental.The determination of 60%of
median hunily income shallbe based upon incomes publishedbythe
UnitedStatesDepartment ol Housing mid Urban Development forthe
area in which the project is located, or if not published by said
Depm tment,sluUl be based upon other simihu lyrecognizedsources of
median income information as determined by the Town.
(H)Maximum Rent.The maximum rent to be chai gcd forthe unitsshall
not exceed the lesser of:
(1)ddie maximum rents authorized by the Inteniril Revenue Code
Section 42 LowIncome Tax Credit Programapplicabletothe project
and as administered by the United States Internal Revenue Ser\'ice
and/or the New York State Division of Housing and Community
Renewal;or
(2)On an annualized basis (determined at the lime of execution of a
lease or upon occupancy,whichever is earlier),35%of 60% of the
applicable medium family income in 4\)mi)kins County based on unit
sizepublishedasset forth above (e.g.ifthe medkm family incomefora
family of twoin Tompkins County is$36,600.00, the maximum Jinniuil
rental chargeable to twopeople .shall be $7686,or $640.50per month
($36,600.00 times 60%times 3.')%)).44ie maximum rent set forth
above shallinclude costs ol heat, water,gas,electricity,and sewer,if
any.The owner shall have the option of retjuiring tenants to pay
directlytothe provider the costsofanyor allofsuch utilities provided
that the basic annual rent charge is reduced by the reasonably
anticii)ated annualized costs of such utilities (e.g. if the maximum
annual rentis$7,686.00,and ifthetenantis recpiired topay New York
Stale F.leclric &(ias Corp. or other public utility directlyforhisor her
owngasand electricity,mid il the reasonablyanticipated annuril co.sl of
gas and eleclricily .so payable is $l,2()0.00,the ba.sic annual rent .shall
be no more iban $(),I8(j.()()or $.5l()..')()per month).
(C)Income Information.44ie owner of the units .shall obtain,at the time
ol rental,.such information as the owner may rea.sonably determine to
be necessaix'to establish the total income of the per.son or persons
occup\ing the rental units. At a minimum,such information shall
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include copies ol liie leiuuit's inosl recenl income 1;l\relurn including
coi)ies ol \V-2 Idnus;il the lenanl is working,copies ol ihc tenant's
four most recenl pay stubs;juid an allklavit sworn to by the tenant
under the penalties of peijuiy stating the total amount ol tenant's
income and the sources thercol including names and addresses of
payees ol sucli income.The tenant shall also provide a signed
authorization allowing both the ownerand the Town ol ltliaca to verily
Tenant's income withthe payees of such income and shallalso sign a
wn itten agreement iigreeing to notify the owner of any increases in
teiijuit's income occurring filter submission of tlie foregoing allklavit.
Such records, authorizationand Jigrcement shall he kept bytheowner
with <my ICfUses juul shall be disclosed to the Town's zoning
cnlorcement olliccr and other olhcials of the Town olTthaca at Juiy
time upon re(iuest for the purposes of conllrming that the units have
been rented to low income tenants.
(D)Ix)ss ol Kliaihilitv.Subject to any other provisions regulating the
occupancy ol the project, any person who is an eligible lowincome
tenant at the lime ol rentiil hut who becomes ineligibleby reason of
increased income alter assuming i)osscssion of a renljil unit may be
permitted to stay for the duration of such tenant's lease. Leases sluJl
he limited to one ye^u-in duration, and may he renewed upon
demonstration that the tenant continues to meet the income limitations
as estahlisshed bythe l^ow Income Housing Tax Credit program.
(ii)Certilication toTown. Everythree yearsand more freciuently il recjuested by
the Town, lor so long as the project is rc(iuired to provide housing for low
income tenants, the owner shall provide to the Town a certification of
complifmce with the recjuirements of this locjil law,which certification shall he
in form and substance reasonably satisfactory to the Town luid which may
include a rent roll indicating for each apartment name(s)of the tenant{s),
duration ol lease, period ol occupancy, tenant's income,utilitycost and rent
paid.
(iii)Audit. For so long as the i)roject is rcciuired to inovirlc housing for low
income tenants, the Fown shall haveauthority (hut not the obligation) toaudit
the certifications ol the owner to determine compliance with the i)rovisions of
tliis locallaw (subject tostrict confidentiality).Suchaudit mayheconductedby
l\>wn personnel or by consultants or others seleclcHl by the Town.Iftheaudit
discloses a material breach ol the provisions of this local law,without limiting
any other remedies availableto the Town, the reasonable expcn.se of the audit
shall he paid by the owner to theTown withinten days of demand forsame by
the Town.
Subdivision Prohibited.The area beingrczoucd to mulhple residence shallheowned,
in ilscntirel>',bythe same individual or entity and shall not he subdivided or con\ erled
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to condoininiuin units,cooperative units,or any otlier Idrni of multiple ownensliip
williout approvjii of the d'own Hoardand approval ol any related siteplanbytheTown
PlanningHoard,except thatthearea shownon the above relerenced plan consistingol"
three lutiire buildings and relatedgrounds on the westsideofthesiteand l>iiig weslol"
the line running north and south substantially ;ilong the iucjis denominated **FUTl.'RE
PARKING"{which area is generally considered to be Phase III oi the Lindennan
Creek jMojecl)may l)e subdivided and he separately owned, provided that such
subdivision meets ail requirements ol the Town's subdivision regulations <ui<l allother
api)lical)lc laws,rules, regulations, and appr<miJs,and provided that inconnection with
such separate ownership there are adecpiate cross-easements to [)rovide lor use ol
common roads, utilitiesand other semces serving botii pjucels ol land.
e.Retention Aiea Maintenance.Hie owner ol the iiroject shall maintain at its own
expenseany draiiuige and/or storm waterretention mea showi on any final site plan
apiiroved by the Planning Hoard..Such nuiintenance shall be in accordance with
generally accetited standards lor such nuiintenance and shall be to the rciisonable
satisfaction ol the Town Engineer.
r.Incortx>ration into Deed Restrictions.The i)rovisions in this lociU lawset lorth above
iuid such additional covenants and restnctions ixs the I'own may reasonably require
shrillbe incorporated into restrictive covenants which shall be in form and substance
reasonably satisfactory to the Town Hoard and the attorney for the Town which
restrictive covenants sluill be recorded in the Tompkins County Clerk's Ollice and
shall specifically cover the premises being rezoned to Multiple Residence District
pursiuuit to this local law. Such recording shall occur prior to the issuance of any
building permit for any building construction in the project.
g. Final Site Plan. After adoption of this local law, and prior to the issuance of any
building permits, a linal site plan sluill be submitted to and aiiproved bythe Planning
HorU'd,such jilan to include appropriate pkuiting pkuis,bulfcring to adjoining
properties,and other items reijuired bythe siteplan sections of the Zoning Ordinance
and by the Planning Hoard regarding site pkui approval.
h. Revisions to Site Plan. Any significant revisions to the preliminary site plan submitted
to the Town Hoard in connection with the ado[)tion of this local lawshall be .submitted
to <uk1 be approved by the fovvn Hoard belbre issuance of anybuilding jicnnits ibr the
Multiple Residence Di.strict arc issued.
Section 2.Reversion.I Inlcss work has materially commenced in accordance witha final site
I)lan withinone yearfrom the issuance of the buildingpermit authori/.ingsuch work, or within thirty-
six months of the date the Planning Hoard gave final site plan ajiiirovril,or within four years of the
effective date of this local law,whichever is earlier,any building permit shall kqise,the site plan
ajijiroval (both linal and preliminary, ifany) shall expire, and the /oning change efiected by this local
lawshall terminate and the zoning shall revert to that in effect prior to the adoption of this local law,
unless in the interim there has been agcneral rezoningol the area surrounding the area being rezoned
by this local law, in which event the zoning shall revert to the same zoning as then in elfect along a
majority of the perimeter ol the land being rezoned asa Multiple Residence District by this local law.
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The Plannin^>Horud,upon rc(iucsl ol llic applicant,alter a inihlic hearing,andupon a iuidingthal the
imposition of the time limits set Ibrth above would createan undue hardship on the app!ic;mt,may
extend the time limits lor commencement orconstruction forsuch additional periodsasdic Planning
Board may reasonably determine.An application ibrsuch extension may be made at the lime olTiiing
of the original apiilication for site phm apjiroval or at any time thereafter up to, but no later tluin,six
months after the expiration of the time limits set fortii above.
For the purposes of tiiis .section,work willnot have "materially commenced"unless,at a niininuim,(i)a
building permit,if rcciuired,has been obtained;(ii)construction eciuipmcnt and tools ccMisistent with
the size of the proposed work have been brought to and been u.sed on the site;and (iii)substantial
excavation (where excavation is reciuired)or signiilcant framing,erection,or constmction (where
excavation is not required) has been stru tcd and is being diligentlypursued.
vSection 3.Violations.Any violations of the terms of this local lawshall constitute a violation
of the Town of Ithaca Zoning Ordinance ;uid shall be punishable as set forth in said Onliiiiuice and in
Section 268 of the Town l.aw ol the State ol New York.liach week's continued violation sluill
constitute a separate otlense.Notwithstjuiding the foregoing,theTown resen es for it.sell,its agencies
and all other persons having an interest,all remedies and rights to enforce the provisions of thislaw,
including, without limitation, actions for any injunction or other e(iuitable remedy,or actions for
damages, in the event the owner of the parcels covered by this law fails to comply with any of the
provisions hereof.
Section 1.Partial Invalidity.In the event that any portion of this law isdeclared invalid bya
court of comiietent jurisdiction,the validity of the remaining portions sluUl not be iilfected by .such
deckuation.
Section 5.Effective Date.Pursuant to Section 2().')of the Town Law this local law shall take
ellect ten days filter its publication (or publication of a summaiy or abstract as permitted bylaw)in the
Ithaca Journal or upon its liling with the Secretary of State,whichever is later.
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SCHEDULKA
DKSCRirriON OF lANDSTO HF ZONED MULTIPLE RF.SIDENCE
(Lindcniuui Creek Aparlinents Pluises II hiuI III)
ALL THAT TRACT OR PARCELOF IANDS sitiuiled intheTownof Itluica,Tonipkins
Counly,NewYork,beingporlions ol'Tovvn ol'ItliaeaTax Map Nos.27-01-l3.l2rUKl 27-()l-l3.1()an(I
being more i)arlieuku"iy described as lollovvs:
COMMENClNCi in(henorth line ot NewYorkSlateRoute79 (also knownasMecklcnbcrg
Road)at a point 100 i'eet westerly along said north line irom the intersection of said line with the west
line of lands now or Ibrmerly of Edwaixl M. Murray(Book .571 Deeds page .563),which point of
beginning may also be determined by the following 8 courses from the intersection of the west line of
the City of Ithaca with the northwesterly line of the Mecklenberg Road:
1.Substantially westerly alongthe northvve.stcrly lineof Route79on a slight cur\-e to the right
with a radius of 300.72 feet a distance of 1.58.48 feet to a point;
2.Thence north 79 degrees 32 minutes .57 seconds west iilong said highway north line a
distance of 62.83 feet to a point;
3.44ience north 7.5 degrees .5 minutes 7 seconds west continuing along the northerly line of
Route 79 a distance of 3.51.76 feet to a point in an easterly line of hmds now or formerly of Edwfuxl M.
Murray (Tompkins County Clerk's Ollice Book .571 of Deeds at Page .563);
.5.Thence north 14 degrees .54 minutes .53 seconds east passingthrough an iron j)ipe at8feet
a total distmicc of 297 feet to a i)oint .3 feet cast of an iron pii)e;
6.Thence north 7,5 degrees .5 minutes 7 seconds west along the north line of Murray's
I)remises a total distance of 160 feet to a point, which point isa northwesterly corner of said Murray
premises;
7.Thence .south 14 degrees .54 minutes .53 seconds west alonga westerly lineof .said Murray
premises a di.stance of 297 feet to the north line of Route 79;
8.Thence westerly along the north line of Route 7f)a distance of 100 feel to a point, which
point is the point or place of beginning of the de.scription of the area to be re-zoned;
Running from .said point of beginning the following courses
1.North 14 degrees .51 minutes,.53 .seconds east substantially parallel to Conifer Drive a
di.stance of 397 feet to a point;
2..South 7.5 degrees .5 minutes 7 seconds east a distance ol 11.5 leel to a point;
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3.Norlli 1 1 decrees 5 I miiuUcs 53 seconds east a distance ol'265.39 feet toapointin tlie
centerliiie ol Lindennan creek;
I.Hience westerly along the center ol the creek asit bends and turns approximately 1150
feet to the boundary line between Phase 2 and Phase 3 shown on the map relerred to belowand
continuing westerly alongsaidcreek centerline mid the north lineol Phmse 3 approximately 185 feet to
a point inthe west lineof premises nowor formerlv ol"AnthonyCerrache (Book565ofDeeds P;ige
882);
5.vSouth 11 degrees 11 minutes 00 seconds west 678.11 feet to the north lineof Route 79;
().South 75 degrees 05 minutes 07 seconds east along the north line of Route 79 150 feet to
the soutliea.sl corner of Phase 3;
7. Continuing on the same course along the north line of Route79 721.28 feetto llic pointor
place ol beginning.
Consisting ol approximately 15.266 +/-acres.
The above description isbased upon a map entitled "Proposed Zone Change forPhases 2 &#
Lindennan Creek Apmtments"prepared byC.T.MaleAssociates,P.C.dated 1/3/02,acopy ofwhich
is file in the Town of Ithaca Planning Deiiartment.The above described premises arc shown on said
map as TOTAL AREA lO BE REZONED =15.266 +/-ACRES."