CITY COUNCIL AGENDA 1ST FLOOR COUNCIL CONFERENCE ROOM, CITY HALL CITY OF NEW ROCHELLE REGULAR LEGISLATIVE MEETING TUESDAY, JUNE 19, :00 P.M.

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1 Regular Legislative Meeting, Tuesday, June 19, CITY COUNCIL AGENDA 1ST FLOOR COUNCIL CONFERENCE ROOM, CITY HALL CITY OF NEW ROCHELLE REGULAR LEGISLATIVE MEETING TUESDAY, JUNE 19, :00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES: Special Meeting, November 29, 2016, Committee of the Whole Session, December 6, 2016, Regular Legislative Meeting, December 13, 2016, Committee of the Whole Session, January 10, 2017, Regular Legislative Meeting, January 17, 2017, Committee of the Whole Session, February 7, 2017, Regular Legislative Meeting, February 14, 2017 SUBMISSION OF MINUTES: Committee of the Whole Session, March 21, 2017 (rescheduled from March 14, 2017, Regular Legislative Meeting, March 28, 2017 (reschduled from March 21, 2017) LEGISLATION IN VOTING ORDER CONSENT AGENDA 1. PROPOSED AMENDMENT TO PARKING CODE FOR DOWNTOWN RESTAURANTS Proposed amendment to parking code in downtown area to improve the efficiency of the valet services provided by restaurants, and improve traffic flow and parking availability on Division Street 2. PROPOSED RESOLUTION TO REPEAL UNUSED PORTION OF CERTAIN BOND AUTHORIZATIONS PREVIOUSLY ADOPTED WHICH ARE NOT EXPECTED TO BE NEEDED: Repeal $200,000 of a 2009 Bond Authorization for Sanitary and Storm Sewers and $75,000 of a 2012 Bond Authorization for City Hall Improvements 3. PROPOSED AMENDMENT TO PARKING REGULATIONS: PROPOSED LEGISLATION AMENDING PARKING REGULATIONS on WARREN STREET 4. PROPOSED AMENDMENT TO PARKING REGULATIONS: PROPOSED LEGISLATION AMENDING PARKING REGULATIONS on MADELEINE AVE

2 Regular Legislative Meeting, Tuesday, June 19, PROPOSED AMENDMENT TO PARKING REGULATIONS: PROPOSED LEGISLATION AMENDING PARKING REGULATIONS ON HAROLD COURT 6. PROPOSED RESOLUTION CREATING A COMMISSIONER OF HUMAN RESOURCE POSITION AND AMENDING ORDINANCE NO. 255 OF 2017, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2018: Resolution to establish a Commissioner of Human Resource position and amend the 2018 budget. RESOLUTIONS 7. PROPOSED RESOLUTION AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXECUTE AN IMA WITH HOUSING AUTHORITY Proposed resolution to authorize the City Manager to negotiate and execute an inter-municipal agreement with the New Rochelle Municipal Housing Authority (NRMHA) to provide financial planning, tracking cash flow and control of the financial activities of the authority 8. PROPOSED ACCEPTANCE TANF GRANT AWARD FROM THE WESTCHESTER/PUTNAM WORKFORCE INVESTMENT BOARD Resolution accepting grant award in the amount of $45, from the Westchetser/Putnam Workforce Investment Board in support of the TANF Summer Youth Employment program and Amending Ordinance No. 255 of 2017, the Budget of the City of New Rochelle for PROPOSED RESOLUTION AUTHORIZING THE SALE OF LAND AT 210 NORTH AVENUE Proposed resolution authorizing City Manager to accept the purchase offer and enter into an agreement with developer for the sale of the parcel located at 210 North Avenue 10. QUIT CLAIM DEED - 18 SPRUCE STREET Resolution authorizing the City Manager to execute a Quit Claim deed relative to 18 Spruce Street, Block 497, Lot 137.A 11. PROPOSED AWARD OF BID FOR REHABILITATION OF PRYER MANOR ROAD BRIDGE OVER THE PREMIUM RIVER: RESOLUTION ACCEPTING THE LOWEST DOLLAR BID FROM ELQ INDUSTRIES, INC. RELATIVE TO REHABILITATION WORK AT PRYER MANOR BRIDGE, AMENDING ORDINANCE No. 255 OF 2017, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2018, AND APPROPRIATING FUNDS THEREFOR. 12. PROPOSED AWARD OF BID FOR SANITARY SEWER REPAIRS AT VARIOUS LOCATIONS: Resolution Accepting the Lowest Dollar Bid From Joken Development, Corp. Relative To Sanitary Sewer Repairs at Various Locations. ORDINANCES 13. PROPOSED LEGISLATION TO AMEND CH. 270 OF THE CITY CODE TO ALLOW CONTINUANCE OF CERTAIN BILLBOARDS Proposed legislation to amend Chapter 270 of the Code of the City of New Rochelle to allow continuance of billboards on City-owned or Cityapproved locations pursuant to City-granted license and in accordance with NYS approval and regulations PUBLIC HEARINGS HELD JUNE 12, 2018

3 Regular Legislative Meeting, Tuesday, June 19, RESOLUTION ISSUING NEG DEC PROPOSED ACTION AMENDING SECTION Resolution issuing a Negative Declaration of Environmental Significance relative to proposed amendment to Section , Water View Overlay Zone 15. PROPOSED AMENDMENT TO WATER VIEW OVERLAY ZONE Proposed legislation to amend Water View Overlay Zone by incorporating parameters pertaining to possible changes to roof lines, accessory roof structures and/or equipment added on to the roof of a structure in the mapped zone 16. RESOLUTION ISSUING NEG DEC PROPOSED ACTION AMENDING SECTION Resolution issuing a Negative Declaration of Environmental Significance relative to the proposed action amending Section , Swimming Pools 17. PROPOSED AMENDMENT TO ZONING REGULATIONS ON OUTDOOR POOLS Proposed legislation amending zoning regulations on outdoor pools to clarify parameters for low density versus multi-family developments 18. RESOLUTION ISSUING NEG DEC PROPOSED ACTION AMENDING SECTION Resolution issuing a Negative Declaration of Environmental Significance relative to the proposed action amending Section , Private Art Betterments 19. PROPOSED AMENDMENT REGARDING PRIVATE ART BETTERMENTS Proposed legislation changing the authorizing agency of private art betterments from Planning Board to Municipal Arts Commission 20. RESOLUTION ISSUING A NEGATIVE DECLARATION FOR PROPOSED AMENDMENTS TO THE RMF SC-4.0 ZONE Resolution issuing a negative declaration of environment significance for proposed legislation to expand boundary of RMF SC-4.0 Zone and to permit neighborhood business as a special permit use Requested by Council Member Rice 21. PROPOSED AMENDMENTS TO THE RMF SC-4.0 ZONE Proposed legislation to expand the boundary of RMF SC-4.0 Zone and to permit neighborhood business as a special permit use Requested by Council Member Rice 22. RES. ISSUING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR PROP. AMENDMENTS TO THE DOZ Resolution issuing a negative declaration of environment significance for proposed amendments to the Downtown Overlay Zone 23. PROPOSED AMENDMENT TO THE DOWNTOWN OVERLAY ZONE Proposed legislation to amend the downtown overlay zone to provide flexibility regarding buildings with arcade frontage and rooftop art installations FOR INTRODUCTION ONLY: 24. PROPOSED AMENDMENT TO SECTION 331 OF THE CITY CODE FOR PARKING AND LOADING REQUIREMENTS Proposed legislation to amend section 331 of the code of the City of New Rochelle as it pertains to parking and loading requirements for undersized parcels within the central parking area (For introduction only)

4 Regular Legislative Meeting, Tuesday, June 19, RESOLUTION DECLARING LEAD AGENCY RELATIVE TO PROPOSED AMENDMENTS TO THE CITY CODE Resolution declaring Lead Agency status relative to amendments to Section and Section for undersized parcels within the Central Parking Area 26. REQUEST PUBLIC HEARING TO AMEND SECTION 331 OF THE CITY CODE FOR PARKING AND LOADING REQUIREMENTS Request Public Hearing for proposed amendment section 331 of the code of the City of New Rochelle as it pertains to parking and loading requirements for undersized parcels within the central parking area 27. RESOLUTION ISSUING A NEG DEC RELATIVE TO PROPOSED AMENDMENTS TO PARKING CODE Resolution issuing a negative declaration of environment significance for proposed legislation amending Section and Section relative to parking and loading requirements for undersized parcels within the Central Parking Area (For introduction only). DISCUSSION ITEM(S): 28. DISCUSSION OF PROPOSED WATERFRONT DISTRICT (DO-7) / DRAFT SCOPING DOCUMENT Proposed continuation of the Downtown Overlay Zone (DOZ) through the Main Street waterfront corridor 29. STATE CHARITABLE TRUSTS LEGISLATION (SALT) ADJOURNMENT

5 1 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Development MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Luiz Aragon, Development Commissioner PROPOSED AMENDMENT TO PARKING CODE FOR DOWNTOWN RESTAURANTS Proposed amendment to parking code in downtown area to improve the efficiency of the valet services provided by restaurants, and improve traffic flow and parking availability on Division Street Overview This memo seeks to outline two code changes to improve the efficiency of the valet services provided by restaurants in Downtown New Rochelle. The changes proposed herein look to the direction of improving traffic flow and parking availability on Division Street. Issue: Currently, valet services offered by some downtown restaurants are causing traffic congestion due to double-parked vehicles. Employees of downtown restaurants are also utilizing on-street parking availability all day during their work shifts, which does not allow for quick turnover to patrons shopping and dining downtown. In order to accommodate more flexibility and efficiency, the following amendments are being proposed: Convert three parking spaces in The Halstead Garage to 15 Minute Public Parking to accommodate delivery drivers and public parkers looking to stop at local business for short-term stay. No code change is required to implement this change. We would like to amend the name of the facility under Section Parts C and D, as well as Section from Avalon East Parking Garage to The Halstead Garage. Create an employee permit type at the NR Transit Center Garage effective from 5pm to 2am, seven days a week under Section Part D. They must submit proof of employment from a Downtown restaurant during the permit application process through our permit management system, Park Mobile. Create a central valet pickup and drop off area on Division St to service multiple downtown restaurants (See attached map). This would close five metered spaces from the fire hydrant to the corner by Westchester Place. The spaces would be metered parking from 8am to Midnight (12am) Monday through Thursday, and 8am to 5pm Friday and Saturday. These spaces would then be strictly valet queuing from 5pm to Packet Pg. 5

6 1 Midnight (12am) Friday and Saturday. Amending Section and would create a central area for any vehicle looking to valet to nearby downtown restaurants on Division Street. RECOMMENDATION: It is the request of the Department of Development that , , parts C and D, and of the City Code be changed to reflect the requested changes attached. Packet Pg. 6

7 1 LEGISLATION ORDINANCE AMENDING SECTION 133-1, ENUMERATION OF FEES, OF CHAPTER 133, FEES, SECTION , PARKING LOTS, AND SECTION , PARKING PROHIBITED CERTAIN HOURS, OF CHAPTER 312, VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEW ROCHELLE. BE IT ORDAINED by the City of New Rochelle: Section 1. Section 133-1, Enumeration of fees, is hereby amended as follows: Code Section Type of Fee Amount D Public parking lots [Avalon East] The Halstead Parking Garage, portion per hour $1.00 Intermodal Transportation Center (ITC) Per hour $1.00 Commuter Annual $1, Semiannual $ Downtown Restaurant Employee Semiannual $0 Section 2. Section , Parking Lots, of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle, is hereby amended to read as follows: Parking lots. C. The following parking lots operated by the City of New Rochelle are hereby established: Name of Lot [Avalon East] The Halstead Parking Garage Description The property located on the ground Packet Pg. 7

8 1 level of the [Avalon East] The Halstead Parking Garage and known as Block 416, Lot 43A D. Parking is hereby permitted in metered, ticket-timed, fee-controlled or free lots, as follows: Name of Lot Restriction [Avalon East] The Halstead Parking Garage Parking shall be permitted in this lot by payment at a multispace meter at a rate set forth in Chapter 133 of the City Code, for a period not to exceed three hours, 24 hours a day, except for Sundays and holidays, when payment shall not be required. New Rochelle Transit Center Parking shall be permitted in this lot, at the rates set forth in Chapter 133, Fees, by payment at a multi-space meter at all times in designated spaces, and by permit in designated spaces at all times. Downtown Restaurant Employee Permits shall be permitted to park in designated spaces seven days a week between the hours of 5 pm and 2 am and must provide proof of employment from a restaurant in the Downtown Business District of New Rochelle. Section 3. Section , Parking Prohibited Certain Hours, of Chapter 312, Vehicles and Traffic, of the Code of the City of New Rochelle, is hereby amended to read as follows: Parking Prohibited Certain Hours. In accordance with the provisions of , no person shall park a vehicle between the hours listed upon any of the following described streets or parts of streets subject to winter suspension of alternate side of street sweeping parking regulations as denoted by an asterisk (*) herein: Name of Street Side Time Limit; Hours/Days Location Division Street* West 2 hrs.; 10:00 a.m. to 6:00 p.m., From Huguenot Street and 3 hrs.; 6:00 p.m. to midnight/ to [Main Street] every day except Thursdays, Westchester Place Packet Pg. 8

9 Time Limit Parking Sundays and holidays. 30 mins; 10:00 a.m. to 9:00 p.m./thursday Division Street* West 2 hrs.; 10:00 a.m. to 6:00 p.m., From Huguenot St. and 3 hrs.; 6:00 p.m. to midnight to Main Street every day except Thursdays, Sundays and holidays. 30 mins; 10:00 a.m. to 9:00 p.m./thursday; Designated Valet Pickup/Drop off area 108 feet from Westchester Place towards Main Street Fridays & Saturdays only between the hours of 5:00 p.m. and midnight and metered all other times. Matter [bracketed] deleted. Matter underlined added. Packet Pg. 9

10 2 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Finance Department MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Tracy Yogman, Finance Commissioner PROPOSED RESOLUTION TO REPEAL UNUSED PORTION OF CERTAIN BOND AUTHORIZATIONS PREVIOUSLY ADOPTED WHICH ARE NOT EXPECTED TO BE NEEDED: Repeal $200,000 of a 2009 Bond Authorization for Sanitary and Storm Sewers and $75,000 of a 2012 Bond Authorization for City Hall Improvements A bond resolution dated February 10, 2009 ( ) was authorized in the amount of $900,000 for the reconstruction of sanitary and storm sewers at various locations within the City of New Rochelle. Bonds were issued in the amount of $700,000. The remaining balance of $200,000 was not issued. Bond counsel has advised us to repeal the unused balance and include any necessary funding for similar work in a new bond issue as this project has been completed and the bond has been paid in full. A bond resolution dated September 19, 2012 ( ) was authorized in the amount of $2,900,000 for the partial reconstruction of City Hall, including HVAC system replacement, window replacement, asbestos mitigation, removal of obsolete equipment and fixtures and acquisition and installation of a standby generator. Bonds were issued in the amount of $2,825,000. The remaining balance of $75,000 was not issued. Bond counsel has advised us to repeal the unused balance. Repealing the outstanding portion of these bonds will reduce the debt-contracting power exhausted by the City for bond rating purposes. Packet Pg. 10

11 2 LEGISLATION RESOLUTION REPEALING THE UNUSED PORTION OF CERTAIN BOND AUTHORIZATIONS DATED FEBRUARY 10, 2009 (RESOLUTION NO. 30 OF 2009) AND SEPTEMBER 19, 2012 (RESOLUTION NO. 148 OF 2012). WHEREAS, bond Resolution No. 30 dated February 10, 2009 was authorized in the amount of $900,000 for the reconstruction of sanitary and storm sewers at various locations within the City of New Rochelle; and WHEREAS, bonds were issued in the amount of $700,000, and the remaining balance of $200,000 was not issued; and WHEREAS, staff has been advised by bond counsel to repeal the unused balance and include any necessary funding for similar work in a new bond issue as this project has been completed and the bond has been paid in full; and WHEREAS, bond Resolution No. 148 dated September 19, 2012 was authorized in the amount of $2,900,000 for the partial reconstruction of City Hall, including HVAC system replacement, window replacement, asbestos mitigation, removal of obsolete equipment and fixtures and acquisition and installation of a standby generator; and WHEREAS, bonds were issued in the amount of $2,825,000, and the remaining balance of $75,000 was not issued; and WHEREAS, staff has been advised by bond counsel to repeal the unused balance; and WHEREAS, repealing the outstanding portion of these bonds will reduce the debtcontracting power exhausted by the City for bond rating purposes; now, therefore, be it RESOLVED, that the unused portion of bond Resolution No. 30 of 2009 and bond Resolution No. 148 of 2012 are hereby repealed. Packet Pg. 11

12 3 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Public Works MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Scott Pickup, Public Works Commissioner PROPOSED AMENDMENT TO PARKING REGULATIONS: PROPOSED LEGISLATION AMENDING PARKING REGULATIONS on WARREN STREET At Councilman s request, four blocks of Warren Street, from Centre Ave/Grove St to Lockwood Ave were analyzed for the possibility of allowing parking on the east side of the street during street cleaning restrictions on the west side of the street. Street cleaning occurs on the west side of the street Tuesdays from 8am-12 noon. Parking is currently restricted at all times on the east side of the street. The Bureau of Streets and Highways was consulted to determine if street sweeping could be accomplished with the proposed revision. The east side of the street would be changed from No Parking Any Time to No Parking Any Time Except Tuesday 8am-12 Noon. This change requires amendment to the Municipal Code as detailed below: (Text in brackets to be deleted; underlined text to be added) Schedule XII: Parking Prohibited at All Times. In accordance with the provisions of , no person shall park a vehicle at any time upon any of the following described streets or parts of streets: Name of Street Side Location [Warren Street] [East] [Grove Avenue to Lockwood Avenue] Schedule XIII: Parking Prohibited Certain Hours. In accordance with the provisions of , no person shall park a vehicle between the hours listed upon any of the following described streets or parts of streets subject to winter suspension of alternate side of street sweeping parking regulations as denoted by an asterisk (*) herein: Name of Street Side Hours/ Days Location Warren Street* East All Except 8:00 a.m. to 12:00 noon/ From Grove Avenue to Tuesday Van Guilder Avenue Packet Pg. 12

13 3 LEGISLATION ORDINANCE AMENDING SECTION , SCHEDULE XII: PARKING PROHIBITED AT ALL TIMES, AND SECTION , SCHEDULE XIII: PARKING PROHIBITED CERTAIN HOURS, OF CHAPTER 312, VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEW ROCHELLE (WARREN STREET). BE IT ORDAINED by the City of New Rochelle: Section 1. The Code of the City of New Rochelle, Section , Schedule XII: Parking Prohibited at All Times, of Chapter 312, Vehicles and Traffic, is hereby amended as follows: Schedule XII: Parking Prohibited at All Times. In accordance with the provisions of , no person shall park a vehicle at any time upon any of the following described streets or parts of streets: Name of Street Side Location [Warren Street ] [East] [Grove Avenue to Lockwood Avenue] Section 2. The Code of the City of New Rochelle, Section , Schedule XIII: Parking Prohibited Certain Hours, of Chapter 312, Vehicles and Traffic, is hereby amended as follows: Schedule XIII: Parking Prohibited Certain Hours. In accordance with the provisions of , no person shall park a vehicle between the hours listed upon any of the following described streets or parts of streets subject to winter suspension of alternate side of street sweeping parking regulations as denoted by an asterisk (*) herein: Name of Street Side Hours/Days Location Warren Street* East All except 8:00 a.m. to 12 noon/ From Grove Avenue Tuesday to Van Guilder Avenue Packet Pg. 13

14 3 Matter [bracketed] deleted. Matter underlined added. ATTACHMENTS: 1. Regulation Changes- Warren St Packet Pg. 14

15 Warren Street Attachment: Regulation Changes- Warren St (1325 : Parking Regulation Changes Warren Street) 3.a Packet Pg. 15

16 4 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Public Works MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Scott Pickup, Public Works Commissioner PROPOSED AMENDMENT TO PARKING REGULATIONS: PROPOSED LEGISLATION AMENDING PARKING REGULATIONS on MADELEINE AVE A citizen with a handicapped parking permit requested designation of a handicapped parking space at 8 Madeleine Avenue. I have no objection to this implementation. This change requires amendment to the Municipal Code as detailed below: Schedule XX: Handicapped Parking. In accordance with the provisions of , the following described locations are hereby designated as handicapped parking spaces: Name of Street Side Location Madeleine Avenue North In front of 8 Madeleine Avenue (20 feet) Packet Pg. 16

17 4 LEGISLATION ORDINANCE AMENDING SECTION , SCHEDULE XX: HANDICAPPED PARKING, OF CHAPTER 312, VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEW ROCHELLE (MADELEINE AVENUE). BE IT ORDAINED by the City of New Rochelle: The Code of the City of New Rochelle, Section (Schedule XX: Handicapped Parking) of Chapter 312 (Vehicles and Traffic) is hereby amended as follows: Schedule XX: Handicapped Parking. In accordance with the provisions of , the following described locations are hereby designated as handicapped parking spaces: Name of Street Side Location Madeleine Avenue North In front of 8 Madeleine Avenue (20 feet) Matter underlined added. ATTACHMENTS: 1. Regulation Changes- 8 Madeleine Ave 2. Regulation Changes- 8 Madeleine Ave Packet Pg. 17

18 4.a 8 Madeleine Avenue Attachment: Regulation Changes- 8 Madeleine Ave (1324 : Parking Regulation Changes Madeleine Ave) Packet Pg. 18

19 4.b 8 Madeleine Avenue Attachment: Regulation Changes- 8 Madeleine Ave (1324 : Parking Regulation Changes Madeleine Ave) Packet Pg. 19

20 5 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Public Works MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Scott Pickup, Public Works Commissioner PROPOSED AMENDMENT TO PARKING REGULATIONS: PROPOSED LEGISLATION AMENDING PARKING REGULATIONS ON HAROLD COURT A citizen with a handicapped parking permit requested designation of a handicapped parking space at 21 Harold Court. I have no objection to this implementation. This change requires amendment to the Municipal Code as detailed below: Schedule XX: Handicapped Parking. In accordance with the provisions of , the following described locations are hereby designated as handicapped parking spaces: Name of Street Side Location Harold Court North In front of 21 Harold Court (20 feet) Packet Pg. 20

21 5 LEGISLATION ORDINANCE AMENDING SECTION , SCHEDULE XX: HANDICAPPED PARKING, OF CHAPTER 312, VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEW ROCHELLE (21 HAROLD COURT). BE IT ORDAINED by the City of New Rochelle: The Code of the City of New Rochelle, Section (Schedule XX: Handicapped Parking) of Chapter 312 (Vehicles and Traffic) is hereby amended as follows: Schedule XX: Handicapped Parking. In accordance with the provisions of , the following described locations are hereby designated as handicapped parking spaces: Name of Street Side Location Harold Court North In front of 21 Harold Court (20 feet) Matter underlined added. ATTACHMENTS: 1. Regulation Changes- 21 Harold Ct Packet Pg. 21

22 21 Harold Court Attachment: Regulation Changes- 21 Harold Ct (1323 : Parking Regulation Changes Harold Court) 5.a Packet Pg. 22

23 6 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Personnel MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Omar Small, Interim City Clerk PROPOSED RESOLUTION CREATING A COMMISSIONER OF HUMAN RESOURCE POSITION AND AMENDING ORDINANCE NO. 255 OF 2017, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2018: Resolution to establish a Commissioner of Human Resource position and amend the 2018 budget. On March 28, 2018 the Civil Service Commission approved the title of Commissioner of Human Resources. The Commissioner of Human Resources title will replace Personnel Director and assume the responsibilities of that title. The Human Resource title is widely recognized as the manager of human capital, labor relations, benefits administration, and labor negotiations in government, business, education, health, not-for-profit and other industries. The recognition of the title and the close affiliations with world-renowned organizations including the Society of Human Resource Management (SHRM) will support recruitment efforts. It is recommended that City Council amend the 2018 Budget to include the title of Commissioner of Human Resources. It is also recommended at this time to consider changing the name of the department from the Personnel Office to the Human Resources Department. The change will agree with the title of the individual who will lead this important and dynamic department. From recruitment to retirement, human resources is an integral part of any organization. The work that is performed each day helps to support the function of each city department. The department fosters a team work approach and promotes policies and procedures that enhance productivity in a congenial environment. It is recommended that the City Council rename the Personnel Office to the Human Resources Department. The 2018 Budget Amendment below is recommended as follows to fund the new position as of September 1,2018 and related costs from savings:: Appropriations-General Fund: Salaries- Commissioner of Human Resources $ 56, Salaries- Deputy CM ($34,582) MCTM Tax $ FICA Tax $ 1, Salaries- City Clerk ($32,568) Packet Pg. 23

24 Advertising $ 3, Office Furniture, Fixtures & Equipment $ 6,000 Packet Pg. 24

25 6 LEGISLATION ORDINANCE CREATING THE POSITION OF COMMISSIONER OF HUMAN RESOURCES AND AMENDING ORDINANCE NO. 255 OF 2017, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR WHEREAS, On March 28, 2018 the Civil Service Commission approved the title of Commissioner of Human Resources, which will replace the Personnel Director and assume the responsibilities of that title; and WHEREAS, the Human Resource title is widely recognized as the manager of human capital, labor relations, benefits administration, and labor negotiations in government, business, education, health, not-for-profit and other industries; and WHEREAS, the recognition of the title and the close affiliations with world-renowned organizations including the Society of Human Resource Management (SHRM) will support recruitment efforts; now, therefore BE IT ORDAINED, by the Council of the City of New Rochelle: Section 1. hereby authorized. The creation of the position of Commissioner of Human Resources is Section 2. Ordinance No. 255 of 2017, the Budget of the City of New Rochelle for 2018, is hereby amended as follows: Increase/(Decrease) Appropriations - General Fund: Salaries- Commissioner of Human Resources $ 56, Salaries- Deputy CM ($34,582) MCTM Tax $ FICA Tax $ 1, Salaries- City Clerk ($32,568) Advertising $ 3, Office Furniture, Fixtures & Equipment $ 6,000 Packet Pg. 25

26 7 TO: THRU: FROM: DATE: June 19, 2018 City of New Rochelle Development MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Luiz Aragon, Development Commissioner SUBJECT: PROPOSED RESOLUTION AUTHORIZING CITY MANAGER TO NEGOTIATE AND EXECUTE AN IMA WITH HOUSING AUTHORITY Proposed resolution to authorize the City Manager to negotiate and execute an inter-municipal agreement with the New Rochelle Municipal Housing Authority (NRMHA) to provide financial planning, tracking cash flow and control of the financial activities of the authority Introduction The City has been monitoring the New Rochelle Municipal Housing Authority (NRMHA) pursuant to a three-party Recovery Agreement between the City, the U.S. Department of Housing and Urban Development (HUD) and NRMHA since December 8, 2014 to achieve sustainable, sound fiscal management and good governance. In keeping with the Recovery Agreement, NRMHA has pursued the option of Rental Assistance Demonstration (RAD) conversion of two senior properties located at 111 Lockwood Avenue and 50 Sickles Avenue. Background NRMHA has engaged with a developer for a RAD conversion and is scheduled to close on June 20, 2018 however, in order for HUD to approve the RAD conversion, HUD has requested the City and the NRHMA enter into a separate Intergovernmental Agreement for the City to provide financial and internal control services to the Housing Authority in return for a fee. Recommendation The Department of Development recommends that the City Council authorize the City Manager to negotiate and execute an inter-municipal agreement with the New Rochelle Municipal Housing Authority to provide financial planning, tracking cash flow and control of the financial activities of the authority. Packet Pg. 26

27 7 LEGISLATION RESOLUTION AUTHORIZING THE CITY MANGER TO NEGOTIATE AND EXECUTE AN INTERMUNICIPAL AGREEMENT WITH THE NEW ROCHELLE MUNICIPAL HOUSING AUTHORITY (NRMHA). WHEREAS, the City has been monitoring the New Rochelle Municipal Housing Authority (NRMHA) pursuant to a three-party Recovery Agreement between the City, the U.S. Department of Housing and Urban Development (HUD) and NRMHA since December 8, 2014 to achieve sustainable, sound fiscal management and good governance; and WHEREAS, in keeping with the Recovery Agreement, NRMHA has pursued the option of Rental Assistance Demonstration (RAD) conversion of two senior properties located at 111 Lockwood Avenue and 50 Sickles Avenue; and WHEREAS, NRMHA has engaged with a developer for a RAD conversion and is scheduled to close on June 20, 2018; and WHEREAS, in order for HUD to approve the RAD conversion, HUD has requested the City and the NRHMA enter into a separate Intergovernmental Agreement for the City to provide financial and internal control services to the Housing Authority in return for a fee; now, therefore BE IT RESOLVED, that the City Council hereby authorizes the City Manager to negotiate and execute an intermunicipal agreement with the New Rochelle Municipal Housing Authority to provide financial planning, tracking cash flow and control of the financial activities of the Authority. Packet Pg. 27

28 8 TO: THRU: FROM: DATE: June 19, 2018 City of New Rochelle Parks & Recreation MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager William Zimmermann, Parks & Rec Commissioner SUBJECT: PROPOSED ACCEPTANCE TANF GRANT AWARD FROM THE WESTCHESTER/PUTNAM WORKFORCE INVESTMENT BOARD Resolution accepting grant award in the amount of $45, from the Westchetser/Putnam Workforce Investment Board in support of the TANF Summer Youth Employment program and Amending Ordinance No. 255 of 2017, the Budget of the City of New Rochelle for The New Rochelle Youth Bureau has been awarded a grant in the amount of $45, from the Westchester-Putnam Workforce Investment Board to conduct a TANF Summer Youth Employment Program. The TANF Summer Youth Employment Program is an initiative aimed at developing credible, marketable job skills and raising the level of self-esteem for all participating youth. Utilizing both weekly job readiness workshops and actual work experiences, our program will empower youth with the skills required for self-motivation to pursue future career aspirations. The program will operate during the months of July - August (Monday - Friday) for six (6) weeks. Our target population will be 30 TANF eligible youth, between the ages of 14 years - 21 years from low-income households and applicable census tracts identified by HUD within the City of New Rochelle. RECOMMENDATION: We recommend that the City Council adopt a resolution accepting and appropriating grant award in the amount of $45, and authorize the City Manager to execute such documentation as may be necessary and required to file and accept the $45, grant award. A 2018 budget amendment is recommended as follows to appropriate funds for this grant. Increase Estimated Revenue-General Funds: State Aid- Youth Projects-TANF $ 45, Increase Appropriations- General Fund Hourly Wages- TANF $ 39, MCTM Tax $ Social Security $3, Packet Pg. 28

29 Workers Comp $1, Program Expenses $ Total $ 45, cc: Tracy Yogman Kathleen Gill William V. Zimmermann Packet Pg. 29

30 8 LEGISLATION ORDINANCE ACCEPTING THE WESTCHESTER-PUTNAM WORKFORCE INVESTMENT BOARD GRANT IN THE AMOUNT OF $45,094.08, AMENDING ORDINANCE NO OF 2017, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2018, AND APPROPRIATING FUNDS THEREFOR (TANF SUMMER YOUTH EMPLOYMENT PROGRAM). BE IT ORDAINED by the City of New Rochelle: Section 1. The Council of the City of New Rochelle hereby accepts the Westchester- Putnam Workforce Investment Board grant in the amount of $45, to conduct a TANF Summer Youth Employment Program. Section 2. Ordinance No. 255 of 2017, the budget of the City of New Rochelle for 2018, is hereby amended in order to provide for the acceptance and implementation of the $45, grant, as follows: Increase Estimate Revenue - General Funds State Aid-Youth Projects-TANF $45, Increase Appropriations - General Fund Hourly Wages-TANF $39, MCTM Tax $ Social Security $ 3, Workers Comp $ 1, Program Expenses $ Section 3. The City Manager is hereby authorized to execute such documentation as may be necessary and required to file and accept the $45, grant. ATTACHMENTS: 1. TANF Acceptance Letter TANF Budget 2018 Packet Pg. 30

31 8.a Attachment: TANF Acceptance Letter 2018 (1353 : PROPOSED ACCEPTANCE TANF GRANT AWARD FROM THE WESTCHESTER-PUTNAM Packet Pg. 31

32 8.b Attachment: TANF Budget 2018 (1353 : PROPOSED ACCEPTANCE TANF GRANT AWARD FROM THE WESTCHESTER-PUTNAM WORKFORCE Packet Pg. 32

33 8.b Attachment: TANF Budget 2018 (1353 : PROPOSED ACCEPTANCE TANF GRANT AWARD FROM THE WESTCHESTER-PUTNAM WORKFORCE Packet Pg. 33

34 8.b Attachment: TANF Budget 2018 (1353 : PROPOSED ACCEPTANCE TANF GRANT AWARD FROM THE WESTCHESTER-PUTNAM WORKFORCE Packet Pg. 34

35 9 TO: THRU: FROM: DATE: June 19, 2018 City of New Rochelle Development MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Luiz Aragon, Development Commissioner SUBJECT: PROPOSED RESOLUTION AUTHORIZING THE SALE OF LAND AT 210 NORTH AVENUE Proposed resolution authorizing City Manager to accept the purchase offer and enter into an agreement with developer for the sale of the parcel located at 210 North Avenue Introduction In the last several years the City of New Rochelle has initiated a major transformation of its downtown, including a $6.7 billion public-private initiative aiming to create 6,370 new housing units, more than 2 million square feet of new office space, and over 12 million square feet of new construction in a compact, walkable, transit-served, mixed-use downtown district. Most of these substantial investments lay within a Downtown Overlay Zone (DOZ) created to spur commercial, residential, and mixed-use development in the city s core. Earlier this year, the City and its consultants, Federal Appraisal, conducted an appraisal of the city-owned alleyway adjacent to 210 North Avenue. The 2,986 sf parcel is valued at $180,000. The City is in receipt of an offer to purchase the property for the equivalent of $240,000. In consideration of this offer the developer will provide municipal parking spaces in the downtown. The developer is committed to continuing the access to the abutting parcels located on Main Street thru this alleyway. Recommendation: The Department of Development recommends that the City Council accept the purchase offer and authorize the City Manager to take necessary steps to effectuate the sale of the property and enter into an agreement with the developer for the transfer of the property for the equivalent of $240,000. Packet Pg. 35

36 9 LEGISLATION RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT OF SALE WITH DBECHASE LLC WITH RESPECT TO THE CITY-OWNED RIGHT OF WAY ABUTTING 210 NORTH AVENUE. WHEREAS, DBECHASE LLC is the contract vendee to purchase real property known as 210 North Avenue (Block 229, Lot 0065); and WHEREAS, DBECHASE LLC wishes to purchase the property that runs approximately 149 feet along the southern boundary line of 210 North Avenue ( subject property ); and WHEREAS, the subject property has been appraised at one-hundred-eighty thousand dollars ($180,000) as of May 1, 2018; and WHEREAS, DBECHASE LLC proposes to purchase the subject property subject to the terms and conditions as shall be satisfactory to the City Manager and approved by the Corporation Counsel, including but not limited to the following provisions: now, therefore 1. Each of the existing surrounding properties will continue to have the access provided by the subject property. 2. The easement upon and over the land benefitting neighboring lots will remain. 3. Payment of two-hundred-forty thousand dollars ($240,000) shall be made to and for the City s in lieu parking program. 4. Title shall revert back to the City if the development does not proceed in accordance with an agreed upon timeline; BE IT RESOLVED, by the Council of the City of New Rochelle: The City Manager is hereby authorized to enter into a contract of sale with DBECHASE LLC with respect to the subject property subject to the terms and conditions as shall be satisfactory to the City Manager and approved by the Corporation Counsel. Packet Pg. 36

37 10 TO: THRU: FROM: DATE: June 19, 2018 City of New Rochelle Law MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Kathleen E. Gill, Corporation Counsel SUBJECT: QUIT CLAIM DEED - 18 SPRUCE STREET Resolution authorizing the City Manager to execute a Quit Claim deed relative to 18 Spruce Street, Block 497, Lot 137.A See attached request from the Law Office of James Maisano, Esq., dated May 31, Packet Pg. 37

38 10 LEGISLATION RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED RELATIVE TO 18 SPRUCE STREET, BLOCK 497, LOT 137.A. WHEREAS, in 1943, Andrew J. Kennedy purchased a portion of 18 Spruce Street from the City of New Rochelle; and WHEREAS, the Kennedy family has been paying property taxes on the entire lot since 1943; and WHEREAS, the deed for the 1943 purchase was never filed; now, therefore, BE IT RESOLVED, that the City Council of the City of New Rochelle hereby authorizes the City Manager to execute a Quit Claim Deed to Mary Ellen McCarthy relative to 18 Spruce Street. ATTACHMENTS: 1. Request for Deed - 18 Spruce Street Packet Pg. 38

39 10.a Attachment: Request for Deed - 18 Spruce Street (1356 : QUIT CLAIM DEED - 18 SPRUCE STREET) Packet Pg. 39

40 11 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Public Works MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Scott Pickup, Public Works Commissioner PROPOSED AWARD OF BID FOR REHABILITATION OF PRYER MANOR ROAD BRIDGE OVER THE PREMIUM RIVER: RESOLUTION ACCEPTING THE LOWEST DOLLAR BID FROM ELQ INDUSTRIES, INC. RELATIVE TO REHABILITATION WORK AT PRYER MANOR BRIDGE, AMENDING ORDINANCE No. 255 OF 2017, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2018, AND APPROPRIATING FUNDS THEREFOR. SUMMARY DESCRIPTION: Rehabilitation of Pryer Manor Road Bridge Over the Premium River, Project No P6, File No This bridge rehabilitation project includes installing cofferdams for dewatering, allowing work to take place, removing past repair work that has deteriorated over time, structural concrete work within all three of the arches, grouting around the four stone piers, crack sealing & re-painting of the bridge. This project will be funded with City funds. This project will utilize an intermunicipal agreement between the Town of Mamaroneck and the City. Each municipality will pay 50% of total project costs. RESULTS OF BIDS: Bids for the above project were received at 10:00 A.M. on May 23, Three (3) contractors obtained plans and specifications and three (3) contractors submitted valid bids. The bid pricing was based on upon NYS DOT item numbers for specific quantities. Quantities may be increased up to 10% of the base bid. EXCEEDS LOW BY POSITION CONTRACTOR BID TOTAL $ % 1 ELQ Industries, Inc. $426, McNamee Construction Corp. $1,446, $1,019, % 3 Defoe, Corp. $2,118, $1,691, % Packet Pg. 40

41 11 FUNDING This project will be funded by the City of New Rochelle, with 50% of the cost to be reimbursed by the Town of Mamaroneck. RECOMMENDATION: The Department of Public Works recommends approval and award of this project to ELQ Industries, Inc., the lowest responsible bidder in the amount of $426, plus a 10% contingency of $42, for a total bid price of $469, The following budget amendment is recommended to record the reimbursement due from the Town of Mamaroneck and additional funding needed for the project for construction management services: Increase Appropriations - Capital Fund Major Renovations- Pryer Manor Bridge 1490H $368,020 Increase Estimated Revenues - Capital Fund Transfer From General Fund 1490H $ 96,510 Other Revenue 1490H $271,510 Increase Appropriations - General Fund Transfer to Capital Fund $ 96,510 Increase Estimated Revenues - General Fund Appropriated Fund Balance $ 96,510 Packet Pg. 41

42 11 LEGISLATION ORDINANCE ACCEPTING THE LOWEST DOLLAR BID OF ELQ INDUSTRIES, INC., RELATIVE TO REHABILITATION WORK AT PRYER MANOR BRIDGE, AMENDING ORDINANCE NO. 255 OF 2017, THE BUDGET OF THE CITY OF NEW ROCHELLE FOR 2018, AND APPROPRIATING FUNDS THEREFOR (PROJECT NO P6). WHEREAS, this bridge rehabilitation project includes installing cofferdams for dewatering, allowing work to take place, removing past repair work that has deteriorated over time, structural concrete work within all three of the arches, grouting around the four stone piers, crack sealing & re-painting of the bridge; and WHEREAS, this project will utilize an intermunicipal agreement between the Town of Mamaroneck and the City; and WHEREAS, each municipality shall pay 50% of the total project costs; and WHEREAS, competitive bids were solicited for this project; and WHEREAS, the bid pricing was based on upon New York State DOT item numbers for specific quantities, and quantities may be increased up to 10% of the base bid; and WHEREAS, three (3) contractors obtained plans and specifications on a unit price basis for all three municipalities, including an alternate, and three (3) contractors submitted valid bids, as follows: EXCEEDS LOW BY POSITION CONTRACTOR TOTAL BID $ % Low ELQ Industries, Inc. $ 426, McNamee Construction Corp. $1,446, $1,019, % 3 Defoe Corp. $2,118, $1,691, % and WHEREAS, the Department of Public Works has recommended the award of this Project to the lowest responsible bidder, ELQ Industries, Inc., to perform work on the Project; now, therefore Packet Pg. 42

43 11 BE IT ORDAINED, by the City of New Rochelle, as follows: Section 1. The lowest dollar bid of ELQ Industries, Inc. to perform work on the Project at its base bid price of $426,618.00, plus a contingency of $42,662.00, for a total project cost not to exceed $469, is hereby accepted subject to the execution of the appropriate contractual documents and submission of the required surety bonds which the City Manager is hereby authorized to execute. Section 2. Ordinance No. 255 of 2017, the Budget of the City of New Rochelle for 2018, is hereby amended as follows: Increase Appropriations - Capital Fund: 1490H Major Renovations - Pryer Manor Bridge $368,020 Increase Estimated Revenues - Capital Fund: 1490H Transfer from General Fund $ 96, H Other Revenue $271,510 Increase Appropriations - General Fund: Transfer to Capital Fund $ 96,510 Increase Estimated Revenues - General Fund: Appropriated Fund Balance $ 96,510 Packet Pg. 43

44 12 City of New Rochelle Public Works TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Scott Pickup, Public Works Commissioner PROPOSED AWARD OF BID FOR SANITARY SEWER REPAIRS AT VARIOUS LOCATIONS: Resolution Accepting the Lowest Dollar Bid From Joken Development, Corp. Relative To Sanitary Sewer Repairs at Various Locations. SUMMARY DESCRIPTION: Sanitary Sewer Repairs Various Locations 2018, Project # P32, File # This is a Sanitary Sewer Repair Contract for various locations throughout the City of New Rochelle. The project includes up to a 15 Feet point repair at each location, the re-connection of existing house laterals, the backfill and restoration of trench. These repairs will address collapsed or missing sections of sewer pipe, helping avoid future sewer backups. RESULTS OF BIDS: Bids for the above project were received at 10:00 A.M. on June 11, Three (3) contractors obtained plans and specifications and three (3) contractors submitted valid bids. EXCEEDS LOW BY POSITION CONTRACTOR BID TOTAL $ % 1 Joken Development Corp. $534, ELQ Industries, Inc. $792, $257, % 3 Montesano Brothers, Inc. $994, $459, % TOTAL CONTRACT AWARD: Total Contract Cost. $ 534, Contingency for unforeseen work (10%) $ 53, Total Project Cost $ 587, FUNDING Funds are available for this project in Packet Pg. 44

45 12 LEGISLATION RESOLUTION ACCEPTING THE LOW BID OF JOKEN DEVELOPMENT CORP. RELATIVE TO SANITARY SEWER REPAIRS AT VARIOUS LOCATIONS (PROJECT NO P32). WHEREAS, this project involves the repair/replacement of sanitary sewers at various locations throughout the City; and WHEREAS, competitive bids were solicited for this project; and WHEREAS, three (3) contractors obtained plans and specifications and three (3) contractors submitted valid bids, as follows: EXCEEDS LOW BY POSITION CONTRACTOR TOTAL BID $ % and Low Joken Development Corp. $534, ELQ Industries, Inc. $792, $257, % 3 Montesano Brothers, Inc. $994, $459, % WHEREAS, the Department of Public Works has recommended the award of this Project to the low bidder, Joken Development Corp., to perform work on the Project; now, therefore BE IT RESOLVED by the Council of the City of New Rochelle, as follows: 1. The low bid of Joken Development Corp. to perform work on the Project at its bid price of $534,430.00, plus contingency of $53, for a total project cost of $587, is hereby accepted subject to the execution of the appropriate contractual documents and submission of the required surety bonds which the City Manager is hereby authorized to execute. 2. Funding for this Project is available in Account No Packet Pg. 45

46 13 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Development MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Luiz Aragon, Development Commissioner PROPOSED LEGISLATION TO AMEND CH. 270 OF THE CITY CODE TO ALLOW CONTINUANCE OF CERTAIN BILLBOARDS Proposed legislation to amend Chapter 270 of the Code of the City of New Rochelle to allow continuance of billboards on City-owned or City-approved locations pursuant to City-granted license and in accordance with NYS approval and regulations Introduction: The purpose of New Rochelle City Code Chapter 270, Signs, is to promote and protect the public health, welfare and safety by regulating signs of all types. It is intended to encourage the use of signs as a means of communication, protect pedestrian and vehicular safety, protect property values, protect and enhance the aesthetic environment and enhance the City's ability to attract sources of economic development and growth. Issue: At this time the Development Department is proposing a change to New Rochelle City Code, Chapter 270, Signs, to allow the continuance of certain Billboards that are located at any Cityowned or City-approved locations pursuant to City-granted license and in accordance with New York State approval and regulations. Recommendation: The Department proposes amending certain sections of the New Rochelle City Code, Chapter 270, Signs, to allow the continuance of Billboards that are located at any City-owned or Cityapproved location pursuant to City-granted license, in accordance with New York State approval and regulations. Packet Pg. 46

47 13 LEGISLATION ORDINANCE AMENDING SECTION 270-3, EXEMPTIONS, SECTION 270-4, RESTRICTIONS, SECTION , NONCONFORMING SIGNS, OF CHAPTER 270, SIGNS, OF THE CODE OF THE CITY OF NEW ROCHELLE. WHEREAS, the purpose of New Rochelle City Code Chapter 270, Signs, is to promote and protect the public health, welfare and safety by regulating signs of all types; and WHEREAS, the Development Department has proposed a change to New Rochelle City Code Chapter 270, Signs, to allow the continuance of certain billboards that are located at any City-owned or City-approved locations pursuant to City-granted license and in accordance with New York State approval and regulations; now, therefore, BE IT ORDAINED by the City of New Rochelle: Section Exemptions, of Chapter 270, Signs, of the Code of the City of New Rochelle is hereby amended as follows: Exemptions. The following signs are exempt from any permit requirements under this chapter. P. Billboards [attached to buildings] located at any City-owned, City-leased, or Cityapproved locations, pursuant to City-granted license, including without limitation the following locations: (1) [In the] Municipal Garage [on the south side of Huguenot Street between LeCount Place and Harrison Street]; (2) [In the elevator lobbies and in the bus platform area at the] New Rochelle Transit Center [; and] [(3) Along the rear facade of the Railroad Station building, facing the southbound train platform.] Section , Restrictions, of Chapter 270, Signs, of the Code of the City of New Rochelle is hereby amended as follows: Packet Pg. 47

48 Restrictions. E. Billboards shall be prohibited, except for (1) legally existing billboards, [except as permitted] or (pursuant to the court-ordered settlement in that matter entitled Universal Outdoor, Inc. et al v. City of New Rochelle et al (U.S.D.C. 98 CIV 3908) which shall be proposed no later than December 31, 2020 or [except as] (2) billboards exempted under 270-3P above, or (3) billboards pursuant to a City-granted license in accordance with New York State approval and regulations. Section , Nonconforming Signs, of Chapter 270, Signs, of the Code of the City of New Rochelle is hereby amended as follows: Nonconforming [Signs] Billboards. [A. [B. Any previously existing sign, excluding legally existing billboards which shall be controlled by Subsection of this section, which has a valid City sign permit upon the date of adoption of this chapter shall not be subject to the provisions listed herein, with the exception that any such sign shall not be altered or enlarged.] Sign owners must remove or file a sign permit application for existing, unpermitted signs. If such signs already conform or are modified to conform to the provisions of this chapter and are properly permitted thereunder within 90 days of the date that notice of violation is issued by the Building Official, then the penalty fee shall be waived and such permit shall only be subject to the application fee, all as listed in Chapter 133, Fees. For the purposes of this subsection, a sign shall be considered existing if it was erected on or before July 31, 1997.] [C.] A. Legally existing billboards. A legally existing billboard, solely in the same location and with the same sign area and height of sign which existed on March 20, 2001, without any enlargement at any time thereafter permitted, may remain in existence until and shall be removed on or before the earlier to occur of the following events: (1) Discontinuance of its use for more than a continuous period of 180 days. "Discontinuance of use" shall be defined as whenever the face of an existing billboard shall no longer contain text or graphics (or a combination of the two) bearing a message. The display of text or graphics conveying merely information relating to the availability of the existing billboard or the place or manner in which the owner or lessee of the existing billboard (or their representative) may be contacted for the purpose of placing a message on the face thereof shall not be deemed "use" of such existing billboard; and (2) December 31, Packet Pg. 48

49 13 Matter [bracketed] deleted. Matter underlined added. Packet Pg. 49

50 14 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Law MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Kathleen E. Gill, Corporation Counsel RESOLUTION ISSUING NEG DEC PROPOSED ACTION AMENDING SECTION Resolution issuing a Negative Declaration of Environmental Significance relative to proposed amendment to Section , Water View Overlay Zone RESOLUTION ISSUING NEG DEC PROPOSED ACTION AMENDING SECTION Resolution issuing a Negative Declaration of Environmental Significance relative to proposed amendment to Section , Water View Overlay Zone Packet Pg. 50

51 14 LEGISLATION RESOLUTION ISSUING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE UNDER THE REGULATIONS PROMULGATED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND DIRECTING COMPLIANCE WITH SAME REGARDING THE ACTION AMENDING SECTION SECTION , WATER VIEW OVERLAY ZONE, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE. WHEREAS, this City Council declared itself to be the Lead Agency for the purposes of the environmental review of the Proposed Action to amend Section , Water View Overlay Zone, of Chapter 331, Zoning, of the Code of the City of New Rochelle ( Proposed Action ); and WHEREAS, this City Council finds the Proposed Action to be an Unlisted Action pursuant to SEQRA; and WHEREAS, this City Council, as Lead Agency, reviewed the Proposed Action and EAF prepared in conjunction therewith in accordance with the New York State Environmental Quality Review Act; now, therefore, BE IT RESOLVED that this Council, as Lead Agency, based on the above-described environmental review and the contents of the EAF, hereby determines that the Proposed Action will not have a significant effect on the environment and hereby issues a Negative Declaration of Environmental Significance. An environmental impact statement shall not be required. Packet Pg. 51

52 15 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Development MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Luiz Aragon, Development Commissioner PROPOSED AMENDMENT TO WATER VIEW OVERLAY ZONE Proposed legislation to amend Water View Overlay Zone by incorporating parameters pertaining to possible changes to roof lines, accessory roof structures and/or equipment added on to the roof of a structure in the mapped zone Introduction The purpose of the Water View Overlay Zone is to minimize the impact of development on water views enjoyed by the public on adjacent rights-of-way and by adjacent and upland property owners, including winter water views. Issue At this time, the Department of Development is proposing a change to the Water View Overlay Zone to protect the water views of upland and adjacent property owners as was the intent of this overlay district. Recommendation The Department proposes amending the Water View Overlay Zone to incorporate parameters pertaining to possible changes to roof lines, accessory roof structures and/or equipment added on to the roof of a structure in the mapped zone Packet Pg. 52

53 15 LEGISLATION ORDINANCE AMENDING SECTION , WATER VIEW OVERLAY ZONE, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE. WHEREAS, the purpose of the Water View Overlay Zone is to minimize the impact of development on water views enjoyed by the public on adjacent rights-of-way and by adjacent and upland property owners, including winter water views; and WHEREAS, the Department of Development proposes amending the Water View Overlay Zone to incorporate parameters pertaining to possible changes to roof lines, accessory roof structures and/or equipment added on to the roof of a structure in the mapped zone; now, therefore, BE IT ORDAINED by the City of New Rochelle: The Code of the City of New Rochelle, Section , Water View Overlay Zone, of Chapter 331, Zoning, is hereby amended as follows: Water View Overlay Zone. A. Purpose. The purpose of the Water View Overlay Zone is to minimize the impact of development on water views enjoyed by the public on adjacent rights-of-way and by adjacent and upland property owners, including winter water views. The Water View Overlay Zone imposes dimensional requirements that may be more restrictive than the underlying zoning on sites where water views, including winter water views, are enjoyed by the public on adjacent rights-of-way and by adjacent and upland property owners. B. Applicability. Any building permit application to construct a new building [or]; to replace or to expand an existing building [or]; to construct any accessory building; to construct any accessory structure or add equipment onto the roof of a building or structure in the mapped Water View Overlay Zone shall require the prior granting of a special permit by the Planning Board, pursuant to the special permit procedures and standards set forth in and of this chapter and submission of the proof required under this section, except the following shall not require the granting of a special permit: (1) Replacement of a portion or all of an existing building within its existing footprint, exclusive of any unenclosed porches, decks and terraces, as permitted Packet Pg. 53

54 15 by the underlying zoning, provided none of such replacement creates a height of building in excess of the building's highest [existing] roof ridgeline. (2) Expansion or replacement of an existing building toward a side lot line, including a side lot line along a street, as permitted by the underlying zoning, which construction does not extend closer to such side lot line than the nearest point of the existing building to such side lot line, provided none of such construction creates a height of building in excess of the building's [highest] existing roof ridge line. (3) Expansion or replacement of an existing building toward a front or rear lot line, as permitted by the underlying zoning, provided none of such construction creates a height of building in excess of the building's [highest] existing roof ridge line. For buildings or structures with flat roofs building height shall be taken from the top of the rafters of the flat roof or roofs. (4) Construction alongside an existing building of an unscreened patio or deck no higher than three feet in height above the existing underlying ground level. (5) Construction on an existing or proposed building of an open rooftop deck with Open Railings or illuminated posts no higher than 3 1/2 feet in height above such deck, provided the surface of the deck does not create a height of building in excess of six inches above the building's [highest] existing roof ridgeline. No vegetation, barbeques or other cooking equipment shall be allowed on any such open rooftop deck. Matter [bracketed] deleted. Matter underlined added. ATTACHMENTS: 1. #63 Positive Recommendation Waterview Overlay Zone Amendment SIGNED Packet Pg. 54

55 15.a Attachment: #63 Positive Recommendation Waterview Overlay Zone Amendment SIGNED (1301 : PROPOSED AMENDMENT TO WATER VIEW Packet Pg. 55

56 16 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Law MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Kathleen E. Gill, Corporation Counsel RESOLUTION ISSUING NEG DEC PROPOSED ACTION AMENDING SECTION Resolution issuing a Negative Declaration of Environmental Significance relative to the proposed action amending Section , Swimming Pools RESOLUTION ISSUING NEG DEC PROPOSED ACTION AMENDING SECTION Resolution issuing a Negative Declaration of Environmental Significance relative to the proposed action amending Section , Swimming Pools Packet Pg. 56

57 16 LEGISLATION RESOLUTION ISSUING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE UNDER THE REGULATIONS PROMULGATED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND DIRECTING COMPLIANCE WITH SAME REGARDING THE ACTION AMENDING SECTION , SWIMMING POOLS, OF THE CODE OF THE CITY OF NEW ROCHELLE. WHEREAS, this City Council declared itself to be the Lead Agency for the purposes of the environmental review of the Proposed Action to amend Section , Swimming Pools, of the Code of the City of New Rochelle ( Proposed Action ); and WHEREAS, this City Council finds the Proposed Action to be an Unlisted Action pursuant to SEQRA; and WHEREAS, this City Council, as Lead Agency, reviewed the Proposed Action and EAF prepared in conjunction therewith in accordance with the New York State Environmental Quality Review Act; now, therefore, BE IT RESOLVED that this Council, as Lead Agency, based on the above-described environmental review and the contents of the EAF, hereby determines that the Proposed Action will not have a significant effect on the environment and hereby issues a Negative Declaration of Environmental Significance. An environmental impact statement shall not be required. Packet Pg. 57

58 17 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Development MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Luiz Aragon, Development Commissioner PROPOSED AMENDMENT TO ZONING REGULATIONS ON OUTDOOR POOLS Proposed legislation amending zoning regulations on outdoor pools to clarify parameters for low density versus multi-family developments Introduction: The City s zoning code contains ambiguity in differentiating between outdoor pools for lowdensity residential neighborhoods, and those that could be found in a multifamily structure. Review: The City s zoning ordinance provides regulations for outdoor swimming pools in Section Though it is not explicitly stated, it is clear this section applies to outdoor swimming pools constructed in the yard of a one-family dwelling, or similar low-density development. The regulations for special permit uses includes a section on outdoor swimming pools, which notes in the very first sentence: Outdoor swimming pools, as an accessory structure to a principal building used for multifamily residence purposes for the exclusive use of the occupants of said building and their guests It is clear that this latter section is appropriate for multifamily dwellings. Accordingly, a minor notation is recommended to be added to the code to clear up any ambiguity. Draft language is attached for review. Recommendation: Staff recommends that Council set a public hearing on the proposed amendment and refer same to the Planning Board and Westchester County Planning Board. This amendment falls within this Type II category pursuant to the State Environmental Quality Review Act (SEQRA). Therefore, environmental review is not required. Packet Pg. 58

59 17 Staff recommends that the Council approve this amendment pending the outcome of the public hearing and responses from the City s Planning Board, and the Westchester County Planning Board. Packet Pg. 59

60 17 LEGISLATION ORDINANCE AMENDING SECTION , SWIMMING POOLS, OF THE CODE OF THE CITY OF NEW ROCHELLE. BE IT ORDAINED by the City of New Rochelle: Section , Swimming Pools, of the Code of the City of New Rochelle is amended as follows: Swimming pools. All permanent, portable or movable swimming pools shall not be located, installed, constructed or maintained on any lot except when in compliance with the following requirements (See for regulations pertaining to outdoor swimming pools as an accessory structure to a multifamily residence, community purpose building, or annual membership club): Matter underlined added. ATTACHMENTS: 1. #59 Positive Recommendation Outdoor Pools SIGNED Packet Pg. 60

61 17.a Attachment: #59 Positive Recommendation Outdoor Pools SIGNED (1296 : PROPOSED AMENDMENT TO ZONING REGULATIONS ON Packet Pg. 61

62 18 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Law MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Kathleen E. Gill, Corporation Counsel RESOLUTION ISSUING NEG DEC PROPOSED ACTION AMENDING SECTION Resolution issuing a Negative Declaration of Environmental Significance relative to the proposed action amending Section , Private Art Betterments RESOLUTION ISSUING NEG DEC PROPOSED ACTION AMENDING SECTION Resolution issuing a Negative Declaration of Environmental Significance relative to the proposed action amending Section , Private Art Betterments Packet Pg. 62

63 18 LEGISLATION RESOLUTION ISSUING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE UNDER THE REGULATIONS PROMULGATED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND DIRECTING COMPLIANCE WITH SAME REGARDING THE ACTION AMENDING SECTION , PRIVATE ART BETTERMENTS, OF THE CODE OF THE CITY OF NEW ROCHELLE. WHEREAS, this City Council declared itself to be the Lead Agency for the purposes of the environmental review of the Proposed Action to amend Section , Private Art Betterments, of the Code of the City of New Rochelle ( Proposed Action ); and WHEREAS, this City Council finds the Proposed Action to be an Unlisted Action pursuant to SEQRA; and WHEREAS, this City Council, as Lead Agency, reviewed the Proposed Action and EAF prepared in conjunction therewith in accordance with the New York State Environmental Quality Review Act; now, therefore, BE IT RESOLVED that this Council, as Lead Agency, based on the above-described environmental review and the contents of the EAF, hereby determines that the Proposed Action will not have a significant effect on the environment and hereby issues a Negative Declaration of Environmental Significance. An environmental impact statement shall not be required. Packet Pg. 63

64 19 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Development MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Luiz Aragon, Development Commissioner PROPOSED AMENDMENT REGARDING PRIVATE ART BETTERMENTS Proposed legislation changing the authorizing agency of private art betterments from Planning Board to Municipal Arts Commission Introduction: The City s zoning code requires developments of a certain size to provide a private art betterment (or make a payment in-lieu). Based on experience from reviewing applications subject to this provision, staff has determined that revisions to the code are needed in order to process these features in a more logical and realistic manner. Review: The existing zoning code requires site plan applications with buildings including more than 50,000 gross floor area to include a private art betterment. The code defines a private art betterment as follows: A construction of artistic merit located on private property which is easily visible and/or accessible to the public with the primary purpose of providing aesthetic expression to historical, emotional, spiritual, community or abstract themes. The code requires the Planning Board to review and approve these features, with input from the Municipal Art Commission, and the Professional Architectural Review Committee of the Planning Board. However, at the site plan approval stage, there are still a number of uncertainties of the site design and architecture that are not determined until approval is given. Accordingly, a more logical and fair approach is to make required art betterments a condition of site plan approval, subject to approval by the Municipal Art Commission. Therefore, it is recommended that the code be amended to proceed in this manner. Draft zoning language is attached. Recommendation: Packet Pg. 64

65 19 Staff recommends that Council set a public hearing on the proposed amendment and refer same to the Planning Board and Westchester County Planning Board. This amendment falls within this Type II category pursuant to the State Environmental Quality Review Act (SEQRA). Therefore, environmental review is not required. Staff recommends that the Council approve this amendment pending the outcome of the public hearing and responses from the City s Planning Board, and the Westchester County Planning Board. Packet Pg. 65

66 19 LEGISLATION ORDINANCE AMENDING SECTION , PRIVATE ART BETTERMENTS, OF THE CODE OF THE CITY OF NEW ROCHELLE. BE IT ORDAINED by the City of New Rochelle: Section 1. follows: Section , Private Art Betterments, is hereby amended by as Private Art Betterments. C. Site Plans Subject to Private Art Betterments. (1) Any application to the Planning Board for site plan approval filed pursuant to Chapter 331, Zoning, for any project in excess of 50,000 square feet of Gross Floor Area shall include a plan for a Private Art Betterment which shall be commensurate with the scale of the proposed project and shall be easily visible and/or accessible to the public. (2) [The Municipal Art Commission and the PARC shall make recommendation to the Planning Board regarding the Private Art Betterment as to its artistic merit, appropriateness, scale, public benefit, accessibility and overall quality within the context of the overall design of the project.] The Private Art Betterment shall be a condition of site plan approval, subject to final approval by the Municipal Art Commission. [E. Visual Impact Analysis for Private Art Betterment. A visual impact analysis of the Private Art Betterment shall be required as part of the State Environmental Quality Review (SEQR) process for the project.] [F]E. Determination by [Planning Board] Municipal Art Commission. In making its determination to grant, deny, or grant with conditions the Private Art Betterment as required under this section, the [Planning Board Municipal Art Commission] shall consider the following factors: (1) Is the scale of the Private Art Betterment commensurate with the overall scale of the project? Packet Pg. 66

67 19 (2) Is the Private Art Betterment consistent with the surrounding environs and does it express a genuine artistic and aesthetic content? (3) The recommendation(s) made by the Municipal Art Commission and PARC and any response(s) to said recommendation(s) made by the applicant. [G. Incorporation of Private Art Betterment in Site Plan. The Private Art Betterment shall be incorporated, made a part of, and governed by the Site Plan and Site Plan Resolutions in accordance with Article XIII of this chapter.] Matter [bracketed] deleted. Matter underlined added. ATTACHMENTS: 1. #60 Positive Recommendation Private Arts Betterment SIGNED Packet Pg. 67

68 19.a Attachment: #60 Positive Recommendation Private Arts Betterment SIGNED (1294 : PROPOSED AMENDMENT REGARDING PRIVATE ART Packet Pg. 68

69 20 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Law MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Kathleen E. Gill, Corporation Counsel RESOLUTION ISSUING A NEGATIVE DECLARATION FOR PROPOSED AMENDMENTS TO THE RMF SC-4.0 ZONE Resolution issuing a negative declaration of environment significance for proposed legislation to expand boundary of RMF SC-4.0 Zone and to permit neighborhood business as a special permit use Requested by Council Member Rice Resolution issuing a negative declaration of environment significance for proposed legislation to expand boundary of RMF SC-4.0 Zone and to permit neighborhood business as a special permit use Requested by Council Member Rice Packet Pg. 69

70 20 LEGISLATION RESOLUTION ISSUING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE UNDER THE REGULATIONS PROMULGATED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND DIRECTING COMPLIANCE WITH SAME REGARDING THE ACTION AMENDING SECTION , RMF-SC 4.0 MULTIFAMILY SENIOR CITIZEN RESIDENCE DISTRICT, SECTION , APPROVING AGENCIES, AND SECTION , SPECIAL PERMIT USES IN THE PWD DISTRICTS, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE, AND RELATED MAP AMENDMENTS. WHEREAS, this City Council declared itself to be the Lead Agency for the purposes of the environmental review of the Proposed Action to amend Section , RMF-SC 4.0 Multifamily Senior Citizen Residence District, Section , Approving Agencies, and Section , Special Permit Uses in the PWD Districts, of Chapter 331, Zoning, of the Code of the City of New Rochelle, and related map amendments ( Proposed Action ); and WHEREAS, this City Council finds the Proposed Action to be an Unlisted Action pursuant to SEQRA; and WHEREAS, this City Council, as Lead Agency, reviewed the Proposed Action and EAF prepared in conjunction therewith in accordance with the New York State Environmental Quality Review Act; now, therefore, BE IT RESOLVED that this Council, as Lead Agency, based on the above-described environmental review and the contents of the EAF, hereby determines that the Proposed Action will not have a significant effect on the environment and hereby issues a Negative Declaration of Environmental Significance. An environmental impact statement shall not be required. Packet Pg. 70

71 21 TO: THRU: FROM: DATE: June 19, 2018 City of New Rochelle Development MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Luiz Aragon, Development Commissioner SUBJECT: PROPOSED AMENDMENTS TO THE RMF SC-4.0 ZONE Proposed legislation to expand the boundary of RMF SC-4.0 Zone and to permit neighborhood business as a special permit use Requested by Council Member Rice Introduction: The Lincoln Avenue corridor has a number of challenges and opportunities. Councilmember Rice has requested that staff evaluate circulation within and through the corridor which poses several concerns including stagnant reinvestment in properties, due in part to prohibitive zoning. Due to these challenges, a committee was created and comprised of several different constituents in the community, with the task of addressing these challenges. This task force recently proposed several recommendations, which include zoning amendments. This addresses the zoning recommendations. Review: The task force spent a considerable amount of time reviewing the zoning in the vicinity of Lincoln Avenue and Memorial Highway. Currently, the zoning is divided up into several zones (see attached map), primarily multifamily from low to high density. However, there is a history of commercial uses in this area, and the neighborhood is desirous of commercial uses to serve its needs. It was expressed that revitalization was needed, and after review, became clear that the existing zoning parameters have discouraged investment. Accordingly, it is recommended that the RMF SC-4.0 zone be extended to the north side of Lincoln Avenue, and to an adjoining property to the west (including the site occupied by the Boys & Girls Club) as shown on the accompanying map. This zone permits multifamily dwellings, senior citizen housing, and one and two-family dwellings, among others. The permitted floor area ratio is 4.0, and the maximum permitted height is 120 feet. Further, it is recommended that neighborhood type businesses be permitted as special permit uses. Proposed zoning language is attached. Packet Pg. 71

72 21 Recommendation: Staff recommends that Council set a public hearing on the proposed amendment and refer same to the Planning Board and Westchester County Planning Board. It is also recommended that the City Council declare itself Lead Agency for the purposes of an environmental review pursuant to the State Environmental Quality Review Act (SEQRA). The Short Environmental Assessment Form (SEAF) is attached. Staff recommends that the Council approve this amendment pending the outcome of the public hearing and responses from the City s Planning Board, and the Westchester County Planning Board. Packet Pg. 72

73 21 LEGISLATION ORDINANCE AMENDING SECTION , RMF-SC 4.0 MULTIFAMILY SENIOR CITIZEN RESIDENCE DISTRICT, SECTION , APPROVING AGENCIES, AND SECTION , SPECIAL PERMIT USES IN THE PWD DISTRICTS, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE, AND RELATED MAP AMENDMENTS. WHEREAS, the Lincoln Avenue corridor has a number of challenges and opportunities as circulation within and through the corridor poses several concerns, and reinvestment in properties has been stagnant partially due to prohibitive zoning; and WHEREAS, a committee was created comprised of several different constituents in the community to address these challenges and has proposed several recommendations, which include zoning amendments; and WHEREAS, the task force spent a considerable amount of time reviewing the zoning in the vicinity of Lincoln Avenue and Memorial Highway; and WHEREAS, it is recommended that the RMF SC-4.0 zone be extended to the north side of Lincoln Avenue, and to an adjoining property to the west (including the site occupied by the Boys & Girls Club); and WHEREAS, this zone permits multifamily dwellings, senior citizen housing, and one and two-family dwellings, among others, the permitted floor area ratio is 4.0, and the maximum permitted height is 120 feet; and WHEREAS, further, it is recommended that neighborhood type businesses be permitted as special permit uses; now, therefore BE IT ORDAINED by the City of New Rochelle: Section 1. Section , RMF-SC 4.0 Multifamily Senior Citizen Residence District, of Chapter 331, Zoning, of the Code of the City of New Rochelle is hereby amended as follows: RMF-SC 4.0 Multifamily Senior Citizen Residence District. Packet Pg. 73

74 21 C. Uses allowed by special permit. 8. Business, professional, or governmental offices. 9. Stores and shops exclusively for sale at retail or the performance of customary personal services. 10. Manufacture of products for retail sale on the premises only, provided that not more than five persons shall be so employed at any one time, and provided further that not more than 30% of the gross floor area of any establishment be so used. 11. Banks. 12. Restaurants. 13. Restaurants, carry-out. 14. Community purpose buildings. 15. Off-street parking facilities (See Article XIV.) Section 2. Section , Approving agencies, of Chapter 331, Zoning, of the Code of the City of New Rochelle is hereby amended as follows: Approving agencies. B. Planning Board.[1] (1) The Planning Board shall have authority to approve the following listed special permit uses, in addition to any other specially permitted uses not specifically identified in this section: (ff) Nonresidential uses in the RMF SC-4.0 Zone noted in Section C Section 3. Section , Special permit uses in the PWD Districts of Chapter 331, Zoning, of the Code of the City of New Rochelle is hereby amended by adding the following: Nonresidential uses in the RMF SC-4.0 Zone. Nonresidential uses in the RMF SC-4.0 Zone shall meeting the following requirements: 1. Minimum of 200-feet of site frontage. 2. Frontage on Lincoln Avenue. 3. Hours of operation, delivery times, and trash removal shall be set by the Planning Board. Matter [bracketed] deleted. Matter underlined added. ATTACHMENTS: Packet Pg. 74

75 21 1. EAF RMF SC-4.0 ZONE Amendments 2. #58 Positive Recommendation RMF SC-4.0 Zone Expansion SIGNED Packet Pg. 75

76 21.a Attachment: EAF RMF SC-4.0 ZONE Amendments (1291 : PROPOSED AMENDMENTS TO THE RMF SC-4.0 ZONE) Packet Pg. 76

77 21.a Attachment: EAF RMF SC-4.0 ZONE Amendments (1291 : PROPOSED AMENDMENTS TO THE RMF SC-4.0 ZONE) Packet Pg. 77

78 21.a Attachment: EAF RMF SC-4.0 ZONE Amendments (1291 : PROPOSED AMENDMENTS TO THE RMF SC-4.0 ZONE) Packet Pg. 78

79 21.a Attachment: EAF RMF SC-4.0 ZONE Amendments (1291 : PROPOSED AMENDMENTS TO THE RMF SC-4.0 ZONE) Packet Pg. 79

80 21.a Attachment: EAF RMF SC-4.0 ZONE Amendments (1291 : PROPOSED AMENDMENTS TO THE RMF SC-4.0 ZONE) Packet Pg. 80

81 21.b Attachment: #58 Positive Recommendation RMF SC-4.0 Zone Expansion SIGNED (1291 : PROPOSED AMENDMENTS TO THE RMF SC-4.0 Packet Pg. 81

82 22 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Law MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Kathleen E. Gill, Corporation Counsel RES. ISSUING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR PROP. AMENDMENTS TO THE DOZ Resolution issuing a negative declaration of environment significance for proposed amendments to the Downtown Overlay Zone Resolution issuing a negative declaration of environment significance for proposed amendments to the Downtown Overlay Zone Packet Pg. 82

83 22 LEGISLATION RESOLUTION ISSUING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE UNDER THE REGULATIONS PROMULGATED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND DIRECTING COMPLIANCE WITH SAME REGARDING THE ACTION AMENDING SECTION E(4), STEPBACK, SECTION B, STREET AND PUBLIC FRONTAGE STANDARDS, AND SECTION G, BUILDING HEIGHT, OF ARTICLE XXII, DOWNTOWN OVERLAY ZONE, OF THE CODE OF THE CITY OF NEW ROCHELLE. WHEREAS, this City Council declared itself to be the Lead Agency for the purposes of the environmental review of the Proposed Action to amend Section E(4), Stepback, Section B, Street and Public Frontage Standards, and Section G, Building Height, of Article XXII, Downtown Overlay Zone, of the Code of the City of New Rochelle ( Proposed Action ); and WHEREAS, this City Council finds the Proposed Action to be an Unlisted Action pursuant to SEQRA; and WHEREAS, this City Council, as Lead Agency, reviewed the Proposed Action and EAF prepared in conjunction therewith in accordance with the New York State Environmental Quality Review Act; now, therefore, BE IT RESOLVED that this Council, as Lead Agency, based on the above-described environmental review and the contents of the EAF, hereby determines that the Proposed Action will not have a significant effect on the environment and hereby issues a Negative Declaration of Environmental Significance. An environmental impact statement shall not be required. Packet Pg. 83

84 23 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Development MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Luiz Aragon, Development Commissioner PROPOSED AMENDMENT TO THE DOWNTOWN OVERLAY ZONE Proposed legislation to amend the downtown overlay zone to provide flexibility regarding buildings with arcade frontage and rooftop art installations Introduction: As the Council is aware, a significant number of Downtown Overlay Zone (DOZ) projects have been approved since the code s adoption in December Each application is unique, and bring further detailed analysis of the code. Accordingly, on occasion, we identify minor changes to the code that are necessary to implement the vision identified in the Recommended Action Plan. The following identifies a few proposed amendments. Review: Staff has recently reviewed the potential for a building with an arcade type frontage. Upon analysis, it is apparent that the standards in the code for frontage occupancy for this frontage type are onerous, and are not conducive to the construction of a building with an arcade along the street. Therefore, as shown in the proposed zoning table attached to this memo, it is recommended that the percentage of frontage occupancy for arcade frontages on street types that are in excess of 50-percent be reduced to 50-percent. All other street types currently requiring 50-percent or less are recommended to remain as is. The City has sought to create its own iconic skyline, which requires flexibility in design. To that end, it is recommended that restrictions on building height and coverage allow flexibility when applied to artwork. This will allow for creativity, but will not eliminate standards that apply to the structural aspect of the building (i.e. any installation will still be required to meet standards in the building code and any other applicable regulations). Rooftop coverage has also presented a challenge that has come up on several occasions. Taller buildings tend to have a much smaller area than the base and lower levels of a building. Accordingly, the code restriction to a maximum of 20-percent coverage for elements like green energy production systems, stair and elevator penthouses, mechanical equipment and others is also onerous. An increase to a maximum of 30-percent is recommended. Packet Pg. 84

85 23 Additionally, a minor administrative amendment is required to correct a reference to a section of the code. These changes are minor, do not require amendments to the Theoretical Development Scenario (TDS), and can be approved accompanied by an Environmental Assessment Form, without further review under the State Environmental Quality Review Act (SEQRA). However, when proposed, individual projects will continue to be subject to review under SEQRA, and those reviews will take into consideration elements that result from the amendments proposed herein. Recommendation: Staff recommends that Council set a public hearing on the proposed amendment and refer same to the Planning Board and Westchester County Planning Board. It is also recommended that the City Council declare itself Lead Agency for the purposes of an environmental review pursuant to the State Environmental Quality Review Act (SEQRA). The Short Environmental Assessment Form (SEAF) is attached. Staff recommends that the Council approve this amendment pending the outcome of the public hearing and responses from the City s Planning Board, and the Westchester County Planning Board. Packet Pg. 85

86 23 LEGISLATION ORDINANCE AMENDING SECTION E(4), STEPBACK, SECTION B, STREET AND PUBLIC FRONTAGE STANDARDS, AND SECTION G, BUILDING HEIGHT, OF ARTICLE XXII, DOWNTOWN OVERLAY ZONE, OF THE CODE OF THE CITY OF NEW ROCHELLE. WHEREAS, a significant number of Downtown Overlay Zone (DOZ) projects have been approved since the code s adoption in December 2015; and WHEREAS, on occasion, minor changes to the code are identified that are necessary to implement the vision identified in the Recommended Action Plan; now, therefore, BE IT ORDAINED by the City of New Rochelle: Section 1. Section E(4), Stepback, of Article XXII, Downtown Overlay Zone, of the Code of the City of New Rochelle is hereby amended as follows: E(4). Stepback. (a) Those Sites designated on the DOZ Street Types Standards Map in Section F as Street Type A, B, C, D, E or P shall require a stepback of a minimum of 10 feet from the Street Wall above the maximum Street Wall Height as defined by the applicable Street Type in Section [ E(2)] B. Section 2. Section B, Street and Public Frontage Standards, of Article XXII, Downtown Overlay Zone, of the Code of the City of New Rochelle is hereby amended as follows: B. Street and Public Frontage Standards. Street Type A Street Type B Street Type C Street Type D Street Type E Street Type F Street Type P Private Frontage Private Frontage Types Arcade Min. Clear Glazing Area Required Build-To-Zone Width Min Frontage Occupancy Build-To-Zone Width Min Frontage Occupancy Build-To-Zone Width Min Frontage Occupancy Build-To-Zone Width Min Frontage Occupancy Build-To-Zone Width Min Frontage Occupancy Build-To-Zone Width Min Frontage Occupancy Build-To-Zone Width Min Frontage Occupancy Min Frontage Occupancy for Option 2 Frontage 1 65% 5 15'-0" 4 850% 2 15'-0" 4 850% 2 15'-0" 4 650% 3 15'-0" 4 650% 3 15'-0" 4 50% 15'-0" 4 0% 5'-0" 850% 2,7 650% 3,8 Packet Pg. 86

87 23 Section 3. Section G, Building Height, of Article XXII, Downtown Overlay Zone, of the Code of the City of New Rochelle is hereby amended as follows: G. Building Height. (2) (d) The following structures may extend up to 20 feet above the maximum height limit, as long as the combined total coverage of all features listed in this subsection does not exceed [20] 30 percent of the roof area including one or more of the following: {1} green energy production or reduction equipment (e.g.-solar collectors, wind turbines, solar hot water systems) {2} stair and elevator penthouses {3} mechanical equipment {4} greenhouses, urban agriculture structures, and solariums {5} play equipment and open-mesh fencing that encloses it, as long as fencing is at least 15 feet from the roof edge {6} minor communication utilities and accessory communication devices {7} cupolas and church steeples (f) Art installations shall be allowed at a height and coverage subject to the review and approval of the Municipal Arts Commission, and in accordance with all applicable Federal, State and local regulations. Matter [bracketed] deleted. Matter underlined added. ATTACHMENTS: 1. EAF DOZ Amendments 2. #57 Positive Recommendation DOZ Code Amendments SIGNED Packet Pg. 87

88 23.a Attachment: EAF DOZ Amendments (1288 : PROPOSED AMENDMENTS TO THE DOWNTOWN OVERLAY ZONE) Packet Pg. 88

89 23.a Attachment: EAF DOZ Amendments (1288 : PROPOSED AMENDMENTS TO THE DOWNTOWN OVERLAY ZONE) Packet Pg. 89

90 23.a Attachment: EAF DOZ Amendments (1288 : PROPOSED AMENDMENTS TO THE DOWNTOWN OVERLAY ZONE) Packet Pg. 90

91 23.a Attachment: EAF DOZ Amendments (1288 : PROPOSED AMENDMENTS TO THE DOWNTOWN OVERLAY ZONE) Packet Pg. 91

92 23.a Attachment: EAF DOZ Amendments (1288 : PROPOSED AMENDMENTS TO THE DOWNTOWN OVERLAY ZONE) Packet Pg. 92

93 23.b Attachment: #57 Positive Recommendation DOZ Code Amendments SIGNED (1288 : PROPOSED AMENDMENTS TO THE DOWNTOWN Packet Pg. 93

94 24 TO: THRU: FROM: DATE: June 19, 2018 SUBJECT: City of New Rochelle Development MEMORANDUM Honorable Mayor and City Council Charles B. Strome, III, City Manager Luiz Aragon, Development Commissioner PROPOSED AMENDMENT TO SECTION 331 OF THE CITY CODE FOR PARKING AND LOADING REQUIREMENTS Proposed legislation to amend section 331 of the code of the City of New Rochelle as it pertains to parking and loading requirements for undersized parcels within the central parking area (For introduction only) Introduction: All private property land uses are subject to minimum parking and loading space requirements. These requirements vary depending on the scale of a use. However, smaller parcels and buildings that were built prior to the proliferation of automobiles, provide an urban form that does not support on-site parking. Applying traditional zoning parameters that require on-site parking creates several problems for existing development patterns, particularly in our downtown as discussed below. Review: The City s downtown includes a number of parcels that were designed in a manner that did not consider automobiles. The resulting urban form is one that is pedestrian and business friendly, and promoted through the City s form based code. As automobiles began to proliferate, the users of these parcels relied on on-street parking, and municipal parking facilities to satisfy their parking needs. While many parcels and their users are grand-fathered, and protected from the current requirements for off-street parking, problems arise if a use becomes vacant and/or abandoned (with either a vacant commercial space, or a completely vacant parcel). In order to occupy these areas, the site must not provide a use and/or square footage that exceeds what previously existed. If it does, it would either need to construct on-site parking, or seek a variance. From a design perspective, providing on-site parking is simply problematic. Further, it would destroy the urban fabric the City is trying to protect and promote. Perhaps most concerning is the impact this causes on the commercial real estate market. The code limits a property owner s ability to fill space, which contributes to the existence of vacant storefronts, or uses occupying spaces that not do not meet a site s full potential. Packet Pg. 94

95 24 Recognizing this, many communities across the country have taken measures to eliminate parking requirements that are detrimental to commercial areas. In some cases, this means completely eliminating parking requirements. In others, communities have eliminated requirements for only commercial uses. Some communities have eliminated parking requirements for smaller businesses. Given the City s need to balance our urban/suburban reality, it is recommended that a code amendment be adopted that would take the latter, more conservative approach, with an additional caveat. As shown in the accompanying code amendment, it is recommended that the city eliminate parking and loading space requirements for existing commercial spaces with less than 2,000 square feet of gross floor area, and an occupancy that does not exceed 49 people. Further, no additional parking shall be required for outdoor dining where it is otherwise compliant with the area and occupancy standards noted above. Recommendation: Staff recommends that Council set a public hearing on the proposed amendment and refer same to the Planning Board and Westchester County Planning Board. It is also recommended that the City Council declare itself Lead Agency for the purposes of an environmental review pursuant to the State Environmental Quality Review Act (SEQRA). The Short Environmental Assessment Form (SEAF) is attached. Staff recommends that the Council approve this amendment pending the outcome of the public hearing and responses from the City s Planning Board, and the Westchester County Planning Board. Packet Pg. 95

96 24 LEGISLATION ORDINANCE AMENDING SECTION , OUTDOOR DINING, AND SECTION , SCHEDULE OF OFF- STREET PARKING AND LOADING SPACE REQUIREMENTS, OF CHAPTER 331, ZONING, OF THE CODE OF THE CITY OF NEW ROCHELLE. BE IT ORDAINED by the City of New Rochelle: Section 1. Section , Outdoor Dining, of the New Rochelle Zoning Code, is hereby amended as follows: Outdoor Dining. D. Off-street parking spaces shall be provided as required for restaurants in of this chapter, except that [where outdoor dining represents only a relocation of indoor seating and there is no increase in overall capacity of the restaurant or] where outdoor seating will be in the form of a sidewalk cafe on public property, no additional off-street parking need be provided. Further, no additional parking shall be required if restaurant is compliant with D.(4) Section 2. Section , Schedule of off-street parking and loading space requirements, of the New Rochelle Zoning Code, is hereby amended as follows: Schedule of off-street parking and loading space requirements. D. Effect on existing structures and uses. Structures and uses legally in existence or for which building permits have been issued prior to the effective date of this chapter shall not be subject to the parking or loading space requirements of this chapter, provided that any parking and loading facilities existing or approved to serve such structures or uses shall not in the future be reduced or redesignated to serve other structures or uses, except to the extent that they exceed such requirements. At the time of any enlargement, change or expansion of existing structures or uses in the future, the following requirements shall apply: (1) Required parking and loading facilities for that part of the structure or use which constitutes an enlargement or expansion shall be provided in accordance with all requirements of this chapter. Packet Pg. 96

97 24 (2) To the maximum extent deemed feasible and reasonable by the Planning Board, during site plan review and approval, parking and loading facilities shall also be provided to serve the existing portion of such structure or use that does not conform to all parking and loading space requirements of this chapter. (3) At the time of any change of use which would result in an increased off-street parking or loading space requirement, the additional parking and loading spaces so required shall be provided in accordance with all applicable requirements of this chapter. (4) The provisions in items D(1)-(3), regardless of use, shall not apply to existing commercial spaces with less than two thousand square feet of gross floor area, and an occupancy that does not exceed 49 people. Matter [bracketed] deleted. Matter underlined added. ATTACHMENTS: 1. Short EAF Parking Requirements Packet Pg. 97

98 24.a Attachment: Short EAF Parking Requirements (1350 : PROPOSED AMENDMENT TO SECTION 331 OF THE CITY CODE FOR PARKING AND Packet Pg. 98

99 24.a Attachment: Short EAF Parking Requirements (1350 : PROPOSED AMENDMENT TO SECTION 331 OF THE CITY CODE FOR PARKING AND Packet Pg. 99

100 24.a Attachment: Short EAF Parking Requirements (1350 : PROPOSED AMENDMENT TO SECTION 331 OF THE CITY CODE FOR PARKING AND Packet Pg. 100

101 24.a Attachment: Short EAF Parking Requirements (1350 : PROPOSED AMENDMENT TO SECTION 331 OF THE CITY CODE FOR PARKING AND Packet Pg. 101

102 24.a Attachment: Short EAF Parking Requirements (1350 : PROPOSED AMENDMENT TO SECTION 331 OF THE CITY CODE FOR PARKING AND Packet Pg. 102