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HomeMy WebLinkAboutLL 03 of 1998 Rezone Mecklenburg Heights Apts to MRTB Mtg.3/30/98 Agenda #3 TOWN OF ITHACA LOCAL LAW NO.3 FOR THE YEAR 1998 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING MAP REZONING A PORTION OF TAX PARCEL NO.27-01-13.12 LOCATED ON N.Y.S.ROUTE 79 FROM RESIDENCE DISTRICT R-15 TO MULTIPLE RESIDENCE DISTRICT. (Mecklenburg Heights Apartments) Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1.Amendment to Zoning Ordinance.TheZoning Ordinance of the Town of Ithaca as adopted,amendedandrevised effective Febmary 26,1968,and subsequently amended, is further amended as follows: 1.Rezoning.The zoning map dated April 11,1988,as amended to date, is hereby further amended by rezoning the lands described on Schedule A incorporated into this local law from Residence District R-15 to Multiple Residence District. 2. AdditionalConditions.The area beingso rezoned to MultipleResidence is subject, in addition to the conditions,restrictions,and limitations set forth in the zoning law relating to Multiple Residence Districts generally and any other limitations and restrictions,to the following additional conditions: a.Maximum Number of Units.A maximum of 56 dwelling units shall be located in the district to be contained in no more than seven buildings. b.Conformance to Plan.The construction in the rezoned area shall be substantially in accordance with the plan entitled "Mecklenburg Heights Apartments, Preliminary Layout and Planting Plan L-2" dated 3 Febraary 1998 with only such changes therein as may be approved by the Planning Board, such construction to consist essentially of the construction of seven buildings containing in the aggregate approximately 16 one-bedroom apartments, 32 two bedroom apartments,and 8 three-bedroom apartments. c. Low Income Housing.In accordancewiththeapplicationseeking rezoning of the property,the proposed dwelling units will be limited in the amount of rent charged for same in accordance with the following provisions: (i) Income Restrictions and Duration. For a period of fifteen years from the date a permanent certificateof occupancy is issuedfor the last building in the project all of 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 of such fifteen year period. (ii)Definition.For the purpose of thislocallaw a "low income tenant"shall Mecklenb.rez,Wp51\Ith\Locallaw, ,03/18/98 4:05pm be a tenant (either individualor family as thecase may be) whose income is notmore than 60%of the median family income in Tompkins County at the time of rental. The determination of60%of medianfamily income shall be based upon incomes published by the United States Department of Housing and Urban Development for the area in whichthe project is located, or if not publishedby said Department,shall bebased upon other similarly recognized sources of median income information as determined by the Town. (iii)Maximum Rent.The maximumrent to be charged for the units shall not exceed the lesser of: (A)The maximum rents authorized by the Low Income Tax Credit Program applicable to the project and as administered by the United States Department of Housing and Urban Development and/or the New York State Division of Housing and Community Renewal;or (B)On an annualized basis (determined at the time of execution of a lease or upon occupancy,whichever is earlier), 35%of 60% of the applicable median family income in Tompkins Coimty published as set forth above (e.g. if the medianfamily income for a family of two in Tompkins Countyis $36,600.00,the maximum annual rental chargeable totwo people shall be $7686,or $640.50 per month ($36,600.00 times 60%times 35%)). The maximum rent set forth above shall include costs of heat,water,gas, electricity,and sewer, if any.Theownershallhave the option of requiring tenants to pay directly totheprovider thecosts of any or all of such utilities provided that the basic annual rent charge is reduced by the reasonably anticipated annualized costs of such utilities (e.g. if the maximum annual rent is $7,686.00, and if the tenant is required to pay New YorkState Electric & Gas Corp.or other public utility directly for hisor her own gas and electricity, and if the reasonably anticipated annual cost of gas and electricity so payable is $1,200.00,the basic annual rent shall be no more than 36,486.00 or $540.50 per month). (iv)Income Information.The owner of the units shall obtain,at the time of rental,such information as the owner may reasonably determine to be necessary to establish the total income ofthepersonor persons occupying Mecklenb.rez.Wp51\Ith\Locallaw, .03/18/98 4:05pm the rentalunits. At a minimum,such information shall include copies of the tenant's most recent income taxremmincluding copies of W-2 forms; if the tenant is working,copies of the tenant'sfour mostrecentpay stubs; and an affidavit sworn to by the tenant under the penalties of peijury stating the total amount of tenant's income and the sources thereof including names and addresses of payees of such income.The tenant shall also provide a signed authorizationallowingboth the owner and the Town of Ithaca to verify Tenant's income with the payees of such income and shall also sign a written agreement agreeing to notify the owner of any increases in tenant's income occurring after submission of the foregoing affidavit.Such records,authorization andagreement shall be kept by the owner with any leases and shall be disclosed to the Town's zoning enforcement officer and other officials of the Town of Ithaca at any time upon request for the purposes of confirming that the units have been rented to low income tenants. (v) Loss of Eligibilitv.Subject to any other provisions regulating the occupancy of the project,any personwho is an eligible low income tenant at the time of rental but who becomes ineligible by reason of increased income after assuming possession ofa rentalunit may be permitted to stay for the duration of such tenant's lease. Leases shall be limited to one year in duration, and may be renewed upon demonstration that the tenant continues to meet the income limitations. (vi) Certificationto Town.Every three years andmore frequently if requested by theTown, for so longas the project is requiredto provide housing for low income tenants, the owner shall provide to the Towna certification of compliance with the requirements of this local law,which certification shall be in form and substance reasonably satisfactory to the Town and whichmay include arentroll indicating foreach apartment name(s) of the tenant(s),duration of lease,period of occupancy,tenant's income, utility cost and rent paid. (vii) Audit. For so long as the project is required to provide housing for low income tenants,the Town shall have authority (but not the obligation)to audit the cenifications of the owner to determine compliance with the provisions of this local law.Such audit may be conducted by Town personnel or by consultants or others selected by the Town.If the audit discloses a material breach of the provisions of this local law, without limiting any other remedies available to theTown, the reasonable expense Mecklenb.rez.Wp51\Ith\Locallaw,,03/18/98 4:05pm of the audit shall be paid by the owner to the Town within ten days of demand for same by the Town. d. Subdivision Prohibited.The area being rezoned to multiple residence shall be owned, in its entirety,by the same individual or entity and shall not be subdivided or convened to condominium units, cooperative units,or any other form of multiple ownership without approval of theTown Boardand approval of any related site plan by the Town PlanningBoard. e.Retention Area Maintenance.The ownerof the project shall maintain at its own expense any drainage and/or storm waterretention area shown on any final site plan approved by the Planning Board. Suchmaintenance shall be in accordance with generally accepted standards for such maintenance and shall be to the reasonable satisfaction of the Town Engineer. f.Incorporation into Deed Restrictions. The provisions in this local law set forth above and such additional covenants andrestrictions as the Town may reasonably require shallbe incorporated into restrictive covenants which shallbe in form and substance reasonably satisfactory to the Town Board and the attorney for the Town which restrictive covenants shall be recorded in the Tompkins County Clerk's Officeand shall specifically cover the premises being rezoned to Multiple Residence District pursuant to this local law.Such recording shall occur prior to the issuanceof any building permitfor any building constructionin the project. g.Final Site Plan.After adoption of this local law,andpriortotheissuance of any building permits, a final site plan shall be submitted to and approved by the Planning Board,such plan to include appropriate planting plans,buffering to adjoining properties,and other items required by the site plan sections of the Zoning Ordinance and by the Planning Board regarding site plan approval. h.Revisions to Site Plan.Any significant revisions to the preliminary site plan submitted to the Town Board in connection with the adoption of this local law shall be submitted to and be approved by the TownBoard before issuance of any building permits for the Multiple Residence District are issued. Section 2.Reversion.Unless work has materially commenced in accordance with a final site plan within one year from the issuance of the building permit authorizing such work, or within thirty-six months of the date the Planning Board gave final site plan approval, or within four years of the effective dateof this local law.whichever is earlier,any building permit shall lapse,the site plan approval (both final and preliminary,if any)shall expire,and the Mecklenb.rez,Wp51\Ith\Locallaw, .03/18/98 4:05pm zoning change effected by this local law shall 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 a general rezoning of the area surrounding the area being rezoned by this local law, in which event the zoningshall revert to the same zoning as then in effect along a majority of the perimeter of the land being rezoned as a Multiple Residence District by this local law. The Planning Board, upon request of the applicant,after a public hearing, andupon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the PlanningBoard may reasonably determine.An application for such extension may be made at the timeof filing of the original application for site plan approval or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. For the purposes of this section,work will not have "materially commenced"unless,at a minimum, (i) a building permit,if required,has been obtamed; (ii)construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and (iii)substantial excavation (where excavation is required)or significant framing, erection, or construction (where excavation is not required)has been started and is being diligently pursued. Section 3.Violations.Any violations of the terms of this local law shall constitute a violation of the Town of Ithaca Zoning Ordinance and shall be punishable as set forth in said Ordinance and in Section 268 of the Town Law of the State of New York.Each week's continuedviolation shall constitute a separate offense.Notwithstanding the foregoing,the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this law,including,without limitation,actions for any injunction or other equitable remedy,or action and damages,in the event the ownerof the parcels covered by this law fails to comply with any of the provisions hereof. Section 4.Partial Invalidity.In the event that any portion of this law is declared invalid by a courtof competent jurisdiction,the validity of the remaining portions shall notbe affected by such declaration. Section 5.Effective Date.Pursuant to Section 265 of the Town Law this local law shall take effect ten days after its publication (or publication ofa summary or abstract as permitted by law)in the Ithaca Journal or upon its filing with the Secretary of State,whichever is later. Meckienb.rez,Wp51\lth\Locallaw,.03/18/98 4:05pm SCHEDULE A DESCRIPTION OF LANDS TO BE ZONED MULTIPLE RESIDENCE (Mecklenburg Heights Apartments) ALL THAT TRACT OR PARCEL OF LANDS situated in the Town of Ithaca, Tompkins County, New York,being a portion of TownofIthacaTax Map No.27-01-13.12 and beingmore particularly described as follows: COMMENCING in the northwesterly line of New York State Route 79 where it intersects the westerly line of the City of Ithaca;running thence substantially westerly along the northwesterly line of Route 79 on a slight curve to the right with a radius of 300.72 feet a distanceof 158.48 feet to a point;running thence north79 degrees 32 minutes 57 seconds west along said highway north line a distance of 62.83 feet to a point; running thence north 75 degrees 5 minutes 7 seconds west continuing along thenortherlyline of Route 79 a distance of 351.76 feet to a point in an easterly line of lands now or formerly of Edward M.Murray (Tompkins County Clerk's Office Book 571 of Deeds at Page 563);running thence north 14 degrees 54minutes 53 seconds east passing throughanironpipeat 8 feet a totaldistance of 297 feetto a point .3 feet east of an iron pipe;running thence north75 degrees5 minutes 7 seconds west along the north line of Murray's premises a total distance of 460 feet to a point,which point is a northwesterly comer of said Murray premises;running thence south 14 degrees 54 minutes 53 seconds west along a westerly line of said Murray premises a distance of 297 feet to thenorth line of Route 79;running thence westerly along the north line of Route 79 a distance of 100 feetto a point;running thence north 14 degrees 54 minutes,53 seconds east a distance of 397 feet to a point;running thence south 75 degrees 5 minutes 7 seconds east a distanceof 415 feet to a point;running thence north 14 degrees 54 minutes 53 seconds east a distance of 265.49 feet to a pointin the centerlineof a creek;running thence easterly along the center of the creek as it bends and turns approximately 536 feetto the northwest comer of lands now or formerly ofW. G. andJ. L. Hansen (Book 505 of Deeds at Page 789)which point is located south 87 degrees 9 minutes 49 seconds east a distance of 507.96 feet from the immediately preceding point;mnning thence south 14 degrees 5 minutes 7 seconds west along the west line of said Hansen premises and premises now or formerly of Marta Weiner (Book 732 of Deeds at Page 202)a distance of approximately 240.79 feet to the southwest comer of said Weiner premises;running thence south 74 degrees 47 minutes 53 seconds east along the south line of said Weiner premises 200 feet to an iron pipe which pipe is located inthe boundary line between theTownof Ithaca and theCity of Ithaca;running thence south 14degrees5 minutes 7 seconds west along said boundary line a distance of 469.71 feet to the point or place of beginning. The above description is based upon a map entitled "Preliminary Plan Mecklenburg Heights Lands Now or Formerly Anthony Ceracche Pan of Military Lot 56"prepared byC.T. Male Associates,P.C. dated 12/31/1997,a copyof which is file in theTownof Ithaca Planning Meckienb.rez,Wp51\lth\Locallaw,, 03/18/98 4:05pm Department.The above described premises are shown on said map as "Phase 1 Area =9.818 +/-Acres"plus a 100 foot wide strip leading from the westerly side of the Phase 1 area westerly and then southerly along the north and westerly perimeters of the Murray property to Route 79.