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HomeMy WebLinkAboutLL 02 of 2006 Rezoning Conifer.doc TOWN OF ITHACA LOCAL LAW NO. 2 FOR THE YEAR 2006 A LOCAL LAW AMENDING CHAPTER 270 OF THE CODE OF THE TOWN OF ITHACA TO REZONE A PORTION OF TAX PARCEL NO. 27.-01-13.12 LOCATED OFF OF N.Y.S. ROUTE 79 FROM MEDIUM DENSITY RESIDENTIAL TO MULTIPLE RESIDENCE (Conifer Village Ithaca Senior Living Community) Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1: Chapter 270, entitled “Zoning,” of the Code of the Town of Ithaca (the “Code”), is hereby amended as follows: 1. Rezoning: The zoning map dated April 1, 2004, revised December 12, 2005, as amended to date, is hereby further amended by rezoning the lands described on Schedule A incorporated into this local law from Medium Density Residential to Multiple Residence. 2. Additional Conditions: The area being so rezoned to Multiple Residence is subject, in addition to the conditions, restrictions, and limitations set forth in the Code relating to Multiple Residence Zones generally and any other limitations and restrictions, to the following additional conditions. a. Maximum Number of Units: A maximum of 72 dwelling units shall be located in the zone to be contained in no more than one multiple residence building. The area being rezoned is Conifer Village Ithaca Senior Living Community. There has previously been rezoned an area to the east of the area being rezoned by this local law, which easterly area is approximately 9.818 acres and is shown as Phase 1 on the map entitled “Proposed Zone Change for Phases 2 and 3 of the Linderman Creek Apartments” dated January 3, 2002, a copy of which is on file in the Town of Ithaca Planning Department. The limitations of numbers of units and buildings set forth herein are aggregate limits applying only to the lands described in Schedule A, hereinafter sometimes referred to as “Conifer Village Ithaca”. Phases 1, 2 and 3 are subject to their own set of conditions and restrictions. b. Conformance to Plan: The construction in the rezoned area shall be substantially in accordance with the plan entitled “Conifer Village- Ithaca Senior Living Community Town of Ithaca, Tompkins County, New York” sheet L-2 dated December 29, 2004 revised 11/3/05, a copy of which is on file with the Town of Ithaca Planning Department, with only such changes therein as may be approved by the Planning Board, such construction to 1 consist essentially of the construction of one building containing in the aggregate approximately 54 one bedroom apartments and 18 two bedroom apartments. c. Low Income Housing: In accordance with the application seeking rezoning of the property, the proposed dwelling units will be limited in the amount of rent charged for the same in accordance with the following provisions: (i) Income Restrictions and Duration: For a period of fifteen years from the date a permanent certificate or occupancy is issued for the last building in the project at least 36 of the units shall be made available solely to low income tenants and 36 of the units shall be made available solely to moderate income tenants in accordance with the terms of this local law. This restriction shall terminate at the end of such fifteen-year period. (A) Definitions: For the purpose of this local law a “low income tenant” shall be a tenant (either individual or family as the case may be) whose income is not more than 60% of the median family income in Tompkins County at the time of rental. The determination of 60% of median family income shall be based upon incomes published by the United States Department of Housing and Urban Development for the area in which the project is located, or if not published by said Department, shall be based upon other similarly recognized sources of median income information as determined by the Town. For the purpose of this local law a “moderate income tenant” shall be a tenant (either individual or family as the case may be) whose income is not more than 90% of the median family income in Tompkins County at the time of rental. The determination of 90% of median family income shall be based upon incomes published by the United States Department of Housing and Urban Development for the area in which the project is located, or if not published by said Department, shall be based upon other similarly recognized sources of median income information as determined by the Town. (B) Additional Income Restrictions. At least fifty percent of the dwelling units being made available to low income tenants shall be made available to low income tenants whose income is not more than 50% of the median family income (i.e. 18 units of the 36 units being reserved for low income 2 tenants shall be made available to tenants with incomes not more than 50% of the median family income). (C) Maximum Rent: The maximum rent to be charged for the units shall not exceed the lesser of: (1) The maximum rents authorized by the Internal Revenue Code Section 42 Low Income Tax Credit Program applicable to the project and as administered by the United States Internal Revenue Service and/or the New York State Division of Housing and Community Renewal; or (2) On an annualized basis (determined at the time of execution of a lease or upon occupancy, whichever is earlier), 37% of the applicable median family income in Tompkins County applicable to the unit, based on unit size published as set forth above (e.g. if the median family income for a family of two in Tompkins County is $47,400.00, and the tenant is being considered for a 50% of median family income apartment, the maximum annual rental chargeable to two people in that apartment shall be $8769, or $730.75 per month ($47,400.00 times 50% times 37%); if the tenant is being considered for a 60% of median family income apartment, the maximum annual rent chargeable to two people shall be $10,522.80, or $876.90 per month ($47,400.00 times 60% times 37%)). The maximum rent set forth above shall include costs of heat, water, gas, electricity, and sewer, if any. The owner shall have the option of requiring tenants to pay directly to the provider the costs 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 $10,522.80, and if the tenant is required to pay New York State Electric and Gas Corp. or other public utility directly for his or 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 $9,322.80 or $776.90 per month). 3 (D) 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 of the person or persons occupying the rental units. At a minimum, such information shall include copies of the tenant’s most recent income tax return including copies of W-2 forms; if the tenant is working, copies of the tenant’s most recent pay stubs, and an affidavit sworn to by the tenant under the penalties of perjury 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 authorization allowing both 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 and agreement 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. (E) Loss of Eligibility: Subject to any other provisions regulation the occupancy of the project, any person who is an eligible low income or moderate income tenant at the time of rental but who becomes ineligible for his or her apartment by reason of increased income or change in family circumstances after assuming possession of a rental unit 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 as established by the Low Income Housing Tax Credit program. (ii) Certification to Town: Every three years and more frequently if requested by the Town, for so long as the project is required to provide housing for low income tenants, the owner shall provide to the Town a certification 4 of compliance with the requirements of the local law, which certification shall be in form and substance reasonably satisfactory to the Town and which may include a rent roll indicating for each apartment name(s) of the tenant(s), duration of lease, period of occupancy, tenant’s income, utility cost and rent paid. (iii) Audit: For so long as the project is required to provide housing for low income tenants, the Town shall have the authority (but not the obligation) to audit the certifications of the owner to determine compliance with the provisions of this local law (subject to strict confidentiality). 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 the Town, the reasonable expense of the audit shall be paid toward 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 converted to condominium units, cooperative units, or any other form of multiple ownership without the approval of the Town Board and approval of any related site plan by the Town Planning Board. e. Retention Area Maintenance: The owner of the project shall maintain at its own expense any drainage and/or storm water retention area shown on any final site plan approved by the Planning Board. Such maintenance 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 the local law set forth above and such additional covenants and restrictions as the Town may reasonably require shall be incorporated into restrictive covenants which shall be 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 Office and shall specifically cover the premises being rezoned to Multiple Residence Zone pursuant 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 final site plan shall be submitted to and approved 5 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 Town Board before issuance of any building permits for the Multiple Residence Zone are issued. i. Occupancy Restriction: Occupancy will be restricted to households whereby one member of the household is 55 years of age or older and/or handicapped or disabled. 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 date of this local law, whichever is earlier, and building permit shall lapse, the site plan approval (both final and preliminary, if any) shall expire, and the zoning change affected 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 zoning shall revert to the same zoning as then in effect along a majority of the perimeter of the land being rezoned as a Multiple Residence Zone by this local law. The Planning Board, upon request of the applicant, after a public hearing, and upon and 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 commencement of construction for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of 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 obtained; (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 Chapter 270 of the Town of Ithaca Code and shall be punishable as set forth 6 in said Code and as set forth in Section 268 of the Town Law of the State of New York. Each week’s continued violation shall constitute a separate offence. Not withstanding 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 the law, without limitation, actions for any injunction or other equitable 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 4: Partial Invalidity. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be 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 of a summary or abstract as permitted by law) in the Ithaca Journal or upon its filing with the Secretary of State, whichever is later. Schedule A Description of Property Being Rezoned ALL THAT TRACT OR PARCEL OF LAND, being situate in the Town of Ithaca, Tompkins County, New York, bounded and described as follows: COMMENCING at the intersection of the west right of way line of Conifer Drive and the north right of way line of NYS Route 79, thence north 14 degrees 54 minutes 53 seconds east a distance of 397 feet to a point at a corner in the right of way line of Conifer Drive; thence north 13 degrees, 04 minutes 40 seconds east a distance of 203.09 feet to a point, which point is the place of beginning. RUNNING THENCE from said point of beginning westerly along the centerline of Linderman Creek as it winds and turns approximately 666 feet to a point located north 66 degrees 08 minutes 21 seconds west 656.71 feet from the point of beginning; THENCE north 15 degrees 00 minutes 20 seconds east a distance of 498.47 feet to a point; THENCE on a curve to the right with a radius of 300 feet , a chord bearing of north 24 degrees, 31 minutes 03 seconds east, and a chord distance of 99.15 feet, an arc distance of 99.61 feet to a point; THENCE on a curve to the left with a radius of 370 feet, a chord bearing of south 59 degrees 47 minutes 32 seconds east, and a chord distance of 149.60 feet, an arc distance of 150.64 feet to a point; 7 THENCE south 75 degrees 14 minutes 17 seconds east a distance of 382.95 feet to a point; THENCE on a curve to the left with a radius of 823.05 feet, a chord bearing of south 14 degrees 30 minutes 32 seconds west, and a chord distance of 120.79 feet, an arc distance of 120.90 feet to a point; THENCE on a curve to the left with a radius of 1352.33 feet, a chord bearing of south 3 degrees 13 minutes 27 seconds west, and a chord distance of 347.27 feet, an arc distance of 348.23 feet; THENCE on a curve to the right with a radius of 1416.58 feet, a chord bearing of south 01 degree 52 minutes 48 seconds east, and a chord distance of 102.72 feet, an arc distance of 102.75 feet to a point; THENCE south 13 degrees 04 minutes 40 seconds west a distance of 100.87 feet to the point or place of beginning. The above description is based in part upon a plat entitled “Preliminary Subdivision Plat Conifer Village Ithaca Lands Now or Formerly Conifer Realty, LLC Part of Military Lot 56" dated January 13, 2005, prepared by C.T. Male Associates, P.C. a copy of which is on file in the Town of Ithaca Planning Office as amended through December 19, 2005. 8