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HomeMy WebLinkAboutLL 04 of 2004 Overlook at West Hill Rezoning.pdfAdopted March 15, 2004 by Town Board Resolution No. 2004-059 TOWN OF ITHACA LOCAL LAW NO. 4 FOR THE YEAR 2004 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE AND MAP REZONING A PORTION OF TAX PARCEL NO. 24-04-14.2 LOCATED ON N.Y.S. ROUTE 96 FROM RESIDENCE DISTRICT R-15 TO MULTIPLE RESIDENCE DISTRICT. (Overlook at West Hill) Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Amendment to Zoning Ordinance. The Zoning Ordinance of the Town of Ithaca as adopted, amended and revised effective February 26, 1968, and subsequently amended (the “Old Ordinance”), and the revised and re-stated Zoning Ordinance adopted to be effective April 1, 2004, (the “New Ordinance”) are both hereby amended as follows: 1. Rezoning. The zoning map dated April 11, 1988, as amended to date, promulgated under the Old Ordinance, 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. The zoning map dated August 25, 2003, as amended to date, promulgated under the New Ordinance, is hereby amended by rezoning the lands described on Schedule A incorporated into this local law from Medium Density Residential Zone to Multiple Residence Zone. Hereinafter in this local law, the area being re-zoned is referred to as the “Multiple Residence Area”. 2. Additional Conditions. The Multiple Residence Area is subject, in addition to the conditions, restrictions, and limitations set forth in the both the Old and New Ordinances relating to Multiple Residence Districts and Multiple Residence Zones generally and any other limitations and restrictions, to the following additional conditions: a. Maximum Number of Units. A maximum of 128 dwelling units shall be located in the district to be contained in no more than sixteen multiple residence buildings. In addition, one community center without dwelling units may be constructed. b. Conformance to Plan. The construction in the rezoned area shall be substantially in accordance with the preliminary plans for "Overlook at West Hill Apartments”, including Drawings C001 - C012, L001 - L006, and A001A, all prepared by HOLT Architects, P.C, Trowbridge & Wolf, Landscape Architects, and T.G. Miller, P.C., and dated 9 January 2004 with only such changes therein as may be approved by the Planning Board, such construction to consist essentially of the construction of a community building and of sixteen additional buildings each containing eight apartments with a mix of approximately 32 one bedroom apartments, 64 two bedroom apartments and 32 three bedroom apartments. c. Affordable 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 Overlook at West Hill Rezoning 3-1-04 version; Wp80; Hal; JCB Ithaca Local Laws; June 7, 2016 (12:05PM) 2 same in accordance with the following provisions: (i) Income Restrictions and Duration. For a period of fifty years from the date a permanent certificate of occupancy is issued for the last building in the project all of the units, except as set forth below, shall be made available solely to tenants with limited incomes in accordance with the terms of this local law. This restriction shall terminate at the end of such fifty year period. (A) Definition. For the purpose of this local law a "tenant with limited income" 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 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 fifteen percent of the dwelling units shall be made available to tenants with limited income whose income is not more than 30% of the median family income. At least fifty percent of the dwelling units (including the fifteen per cent referred to in the previous sentence) shall be made available to tenants with limited income whose income is 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), 35% of the percentage 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 $36,600.00, and the tenant is being considered for a 30% median family income apartment, the maximum annual rental chargeable to two people in that apartment shall be $3843, or $320.25 per month ($36,600.00 times 30% times 35%)). 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 Overlook at West Hill Rezoning 3-1-04 version; Wp80; Hal; JCB Ithaca Local Laws; June 7, 2016 (12:05PM) 3 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 $3,843.00, and if the tenant is required to pay a 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 $500.00, the basic annual rent shall be no more than $3,343.00 or $278.59 per month). Commencing on the date that is sixteen years from the date a permanent certificate of occupancy is issued for the last building in the project, the maximum of 35% of the percentage of the applicable median family income applicable to the unit that may be charged for rents shall increase to a maximum of 40% of the applicable median family income. (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 four 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 payors 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 payers 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 reasonable time upon written request for the purposes of confirming that the units have been rented to tenants with limited incomes. Any information regarding tenant incomes and rents received by the Town of Ithaca shall be considered confidential information and, to the extent required by law, shall be kept confidential. (E) Loss of Eligibility. Subject to any other provisions regulating the occupancy of the project, any person who qualifies as an eligible tenant with limited income at the time of rental but who becomes ineligible by reason of increased income 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 set forth in this local law. Overlook at West Hill Rezoning 3-1-04 version; Wp80; Hal; JCB Ithaca Local Laws; June 7, 2016 (12:05PM) 4 (6) Building Supervisor Apartment. The foregoing restrictions shall apply to all but one of the apartments in the project. At the option of the owner of the project, one apartment (the “Building Supervisor’s Apartment”) may be rented free of the restrictions set forth above, but only to a person or persons who (1) are employed by the owner of the project for the purposes of managing, maintaining, or renting the apartments in the project, and (2) reside in the Building Supervisor’s Apartment. If the owner does not elect to have an on-site manger or maintenance person, all of the apartments in the project shall be subject to the restrictions contained herein. (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 tenants with limited incomes, the owner shall provide to the Town a certification of compliance with the requirements of this 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 charged. Such information shall be deemed collected for enforcement purposes and, to the extent permitted by law, be kept confidential except as the same may need to be disclosed in connection with any enforcement proceeding. (iii) Audit. For so long as the project is required to provide housing for tenants with limited incomes, the Town shall have 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 by the owner to the Town within ten days of demand for same by the Town. For this purpose, a “material breach” shall include, but not be limited to, renting of more than 5% of the apartments in violation of the income limitations set forth in this local law. 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 approval of the Town Board and approval of any related site or subdivision plan by the Town Planning Board, except that the Multiple Residence Area may be subdivided into Parcels B and C as shown on the approved final subdivision plat that is substantially similar to the preliminary subdivision plat that is part of the Overlook at West Hill Rezoning 3-1-04 version; Wp80; Hal; JCB Ithaca Local Laws; June 7, 2016 (12:05PM) 5 documentation referred to above, provided that such subdivision meets all requirements of the Town’s subdivision regulations and all other applicable laws, rules, regulations, and approvals, then in effect, and provided that in connection with such separate ownership there are adequate cross-easements to provide for use of common roads, utilities, buildings and other services serving both parcels of land. 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 this 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 Multiple Residence Area. 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 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 Area 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 date of 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 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 zoning shall revert to the same zoning as then in effect along a majority of the perimeter of the Multiple Residence Area denominated in this local law. The Planning Board, upon request of the applicant, after a public hearing, and upon 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 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. Overlook at West Hill Rezoning 3-1-04 version; Wp80; Hal; JCB Ithaca Local Laws; June 7, 2016 (12:05PM) 6 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 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 continued violation 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 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. Overlook at West Hill Rezoning 3-1-04 version; Wp80; Hal; JCB Ithaca Local Laws; June 7, 2016 (12:05PM) 7 SCHEDULE A DESCRIPTION OF LANDS TO BE ZONED MULTIPLE RESIDENCE (Overlook at West Hill) ALL THAT TRACT OR PARCEL OF LANDS situated in the Town of Ithaca, Tompkins County, New York being a portion of tax parcel 24-4-14.2 and being more particularly described as follows: COMMENCING at a point in the southwest line of Trumansburg Road - New York State Route 96, which point is at a pin in concrete located approximately 260 feet southeast along the southwest line of Route 96 from its intersection with the extended centerline of the drive into Cayuga Medical Center and which point of beginning is in a northerly corner of premises reputedly owned by New York State Electric & Gas Corporation (Deeds 485 page 125); THENCE South 62 13' 45" West a distance of 993.28 feet to a pipe; THENCE North 29 17' 8" West 23.86 feet to a point; THENCE South 59 16' 30" West 189.56 feet to a point; THENCE on a curve to the right with a radius of 330.0 feet and a chord direction of South 73 41' 6" West an arc distance of 165.99 feet to a point; THENCE South 88 5' 42" West a distance of 246.02 feet to a point; THENCE North 19 20' 24" West a distance of 711.02 feet to a pipe; THENCE North 33 24' 39" West along a northeasterly line of a water tank site, a distance of 208.92 feet to a pipe; THENCE North 66 12' 34" East a distance of 28 feet to a pin; THENCE North 28 43' 28" West a distance of 40.86 feet to a pin; THENCE North 71 43' 39" East a distance of 726.15 feet along the remnants of an old fence and stone wall to a granite monument; THENCE South 18 10' 21" East 50 feet to a pipe; THENCE North 71 43' 39" East 72.95 feet to a pin; THENCE South 44 1' 17" East 695.96 feet to a pin; Overlook at West Hill Description - JCB Real Estate - June 7, 2016 (12:05PM) 8 THENCE North 55 18' 13" East a distance of 356.98 feet to a pin in the southwest line of Route 96; THENCE South 50 38' 29" East along the southwesterly line of Trumansburg Road a distance of 323.34 feet to the point or place of beginning. The above description is based upon a map entitled “Preliminary Subdivision Plat Aris Investments Overlook at West Hill, 1290 Trumansburg Road, Ithaca, New York” made by T.G. Miller, P.C. dated January 9, 2004, a copy of which is on file in the Town of Ithaca Planning Department. The above described premises are shown on said map as Parcel B and Parcel C amounting, all together to a total area of approximately 24.575 acres.