White Plains Urban Renewal Agency

COMMON COUNCIL AGENDA REGULAR STATED MEETING FEBRUARY 1 2016 7:30 P.M. PLEDGE TO THE FLAG: Hon. Beth Smayda ROLL CALL: City Clerk APPOINTMENTS: 1. Communication from the Council President recommending the appointment of Leonard Gruenfeld as a member of the Recreation Advisory Committee to a term which will expire January 1, 2018. F/S/A 2. Communication from the Council President recommending the re-appointment of Paul Schwarz, Yuki Haynes, and Hope Furth to the Library Board to terms which will expire on December 31, 2018. F/S/A LOCAL LAW: 3. Communication from Commissioner of Building in relation to proposed Local Law Introductory No. 1 of 2016, a Local Law amending Local Law No. 1 of 2015 adopted May 4, 2015 and codified in Title IX of the White Plains Municipal Code, and scheduling a public hearing for March 7, 2016. F/S 4. Local Law Introductory No 1 of 2016 amending Local Law No.1 of 2015, adopted May 4, 2015, codified in title IX of the White Plains Municipal Code Section 9-6 entitled, “Historic Preservation” by amending Sections 9-6-2 and 9-6-3, relating to recommendations of landmarks or historic districts and notice. OFFERED ONLY 5. Resolution of the Common Council of the City of White Plains scheduling a public hearing for March 7, 2016, in relation to Local Law Introductory No. 1 of 2016, amending Local Law No. 1 of 2015, adopted May 4, 2015, entitled, “A Local Law amending Title IX of the White Plains Municipal Code by adding Section 9-6 to the White Plains Municipal Code to be entitled, “Historic Preservation.” ADOPTED PUBLIC HEARINGS: 6. Public Hearing in relation to a petition submitted on behalf of Post Maple 77, LLC, to amend the Zoning Ordinance to reclassify three lots on Rathbun Avenue from Neighborhood Business District (B-2) to Intermediate Business District (B-3). OPENED/CLOSED ITEMS 7 - 16 F/S 7. Communications from Deputy Commissioner of Building 8. Commissioner of Planning 9. Planning Board 10. Commissioner of Public Safety 11. Commissioner of Public Works 12. Deputy Commissioner, Traffic Division 13. Transportation Commission 14. Commissioner of Parking 15. Westchester County Planning Board 16. Environmental Officer 17. Environmental Findings Resolution ADOPTED 18. Ordinance amending an ordinance entitled, “The Zoning Ordinance of the City of White Plains” with respect to re-zoning 1 Rathbun Avenue, 3 Rathbun Avenue and 5 Rathbun Avenue, from the B-2 Neighborhood Business District to the B-3 Intermediate Business District. ADOPTED 7 - 0 19. Public Hearing in relation to the application submitted on behalf of Post Maple 77, LLC, on the proposed discontinuance of Brady Place in the City of White Plains. OPENED/CLOSED ITEMS 20 - 29 F/S 20. Communications from Deputy Commissioner of Building 21. Commissioner of Planning 22. Planning Board 23. Commissioner of Public Safety 24. Commissioner of Public Works 25. Deputy Commissioner, Traffic Division 26. Transportation Commission 27. Commissioner of Parking 28. Westchester County Planning Board 29. Environmental Officer 30. Environmental Findings Resolution ADOPTED 31. Ordinance of the Common Council of the City of White Plains discontinuing Brady Place in the City of White Plains. ADOPTED 7 - 0 32. Public Hearing n relation to a petition submitted on behalf of Esplanade of White Plains Venture Partnership, to amend the Zoning Ordinance Schedule of Dimensional Regulations (Section 5.3) to eliminate the minimum requirement in the BC-1 Zone for 500 square of lot area per dwelling unit when a project is proposed in an existing building. OPENED/CLOSED ITEMS 33 - 42 F/S 33. Communications from Deputy Commissioner of Building 34. Commissioner of Planning 35. Planning Board 36. Commissioner of Public Safety 37. Commissioner of Public Works 38. Deputy Commissioner, Traffic Division 39. Transportation Commission 40. Commissioner of Parking 41. Westchester County Planning Board 42. Environmental Officer 43. Environmental Findings Resolution ADOPTED 44. Ordinance amending an ordinance entitled, “The Zoning Ordinance of the City of White Plains,” at Section 5.3 of the Zoning Ordinance regarding Schedule of Dimensional Regulations, Non-residential Table, to add a new footnote with respect to the CB-1 District. 45. Public Hearing in relation to the application submitted on behalf of Lifting Up Westchester (formerly known as Grace Church Community Center) for a renewal of a Special Permit to operate an Overnight Shelter for the Homeless, consisting of nineteen (19) overnight beds located on the third floor of 86-88 East Post Road. OPENED/CLOSED ITEMS 46 - 55 F/S 46. Communications from Deputy Commissioner of Building 47. Commissioner of Planning 48. Planning Board 49. Commissioner of Public Safety 50. Commissioner of Public Works 51. Deputy Commissioner, Traffic Division 52. Transportation Commission 53. Commissioner of Parking 54. Westchester County Planning Board 55. Environmental Officer 56. Environmental Findings Resolution ADOPTED 57. Resolution of the Common Council of the City of White Plains approving pursuant to Sections 6.5 and 6.7.20 of the Zoning Ordinance, a renewal of the Special Permit to operate an Overnight Shelter for the Homeless to be located on the third floor of the building at 86 - 88 East Post Road. ADOPTED 58. Resolution of the Common Council of the City of White Plains modifying the maximum number of persons permitted nightly accommodation at the Overnight Shelter for the Homeless, known as Open Arms, to permit fourteen seasonal cots in the basement of 86 - 88 East Post Road from December through April. ADOPTED 59. Public Hearing in relation to the application submitted on behalf of Lifting Up westchester (formerly known as Grace Church Community Center) for a renewal of a Special Permit to operate an Emergency Shelter for the Homeless, at 86-88 East Post Road. OPENED/CLOSED ITEMS 60 - 69 F/S 60. Communications from Deputy Commissioner of Building 61. Commissioner of Planning 62. Planning Board 63. Commissioner of Public Safety 64. Commissioner of Public Works 65. Deputy Commissioner, Traffic Division 66. Transportation Commission 67. Commissioner of Parking 68. Westchester County Planning Board 69. Environmental Officer 70. Environmental Findings Resolution ADOPTED 71. Resolution of the Common Council of the City of White Plains approving pursuant to Section 6.5 and 6.7.10 of the Zoning Ordinance a renewal of the Special Permit to operate an Emergency Shelter for the Homeless to be located on the second floor of the building at 86-88 East Post Road. ADOPTED 72. Public Hearing in relation to the application submitted on behalf of Lifting Up Westchester (formerly known as Grace Church Community Center) for a renewal of a Special Permit to operate a Social Services Center for homeless persons at 86-88 East Post Road. OPENED/CLOSED ITEMS 73 - 82 F/S 73. Communications from Deputy Commissioner of Building 74. Commissioner of Planning 75. Planning Board 76. Commissioner of Public Safety 77. Commissioner of Public Works 78. Deputy Commissioner, Traffic Division 79. Transportation Commission 80. Commissioner of Parking 81. Westchester County Planning Board 82. Environmental Officer 83. Environmental Findings Resolution ADOPTED 84. Resolution of the Common Council of the City of White Plains approving pursuant to Sections 6.5 and 6.7.22, of the Zoning Ordinance, a renewal of the Special Permit to operate a Social Services Center for Homeless Persons to be located on the first floor of the building at 86-88 East Post Road. ADOPTED FIRST READING ORDINANCES: 85. Communication from Corporation Counsel in relation to Common Council approval of the White Plains Housing Authority’s sale of 120 Lake Street to the WP Housing Company, Inc., and other entities in order to obtain Federal benefits to maintain low income housing. F/S 86. Resolution of the Common Council of the City of White Plains approving the White Plains Housing Authority’s sale of 120 Lake Street to the WP Housing Company, Inc., and other entities in order to obtain Federal benefits to maintain low income housing. ADOPTED 87. Ordinance authorizing the Mayor to enter into a Tax Abatement Agreement pursuant to Private Housing Finance Law Section 577, in connection with a project of the WP Lakeview Housing Development Fund Corporation and Lakeview Affordable Housing, LLC. ADOPTED 7 - 0 88. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5472, Morpho Trust Fingerprinting. F/S 89. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5472, entitled, Morph Trust Fingerprinting. ADOPTED 7 - 0 90. Communication from Chairman, Capital Projects Board, in relation to Capital Project No. C5473, Kittrell Park Improvements. F/S 91. Communication from Environmental Officer F/S 92. Environmental Findings Resolution ADOPTED 93. Ordinance of the Common Council of the City of White Plains to amend the Capital Projects Fund by establishing Capital Project No. C5473, Kittrell Park Improvements. ADOPTED 7 - 0 94. Bond Ordinance dated February 1, 2016, authorizing the issuance of $404,000 aggregate principal amount serial bonds of the City of White Plains, County of Westchester, State of New York, to finance the costs of the acquisition, construction and reconstruction of improvements to City parks and recreation  areas. ADOPTED 7 - 0 95. Communication from Commissioner of Recreation and Parks in relation to an agreement between the City and Arluck Promotions, Inc., to retain the services of U.S. Olympian Chloe Sutton to appear as a guest at various swim programs offered in connection with the City-sponsored Jump In and Swim Program, from March 16-19, 2016. F/S 96. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into an agreement with Arluck Promotions, Inc., retaining the professional consulting services of U.S. Olympian athlete Chloe Sutton to appear as a featured guest at various swim programs offered in connection with the City-sponsored “Jump In and Swim” Program from March 16-19, 2016. ADOPTED 7 - 0 97. Communication from Commissioner of Recreation and Parks in relation to the establishment of the Schedule of User Fees for the White Plains Department of Recreation and Parks to be effective as of March 1, 2016. F/S 98. Ordinance of the Common Council of the City of White Plains establishing and approving a Schedule of User Fees for the White Plains Department of Recreation and Parks. ADOPTED 7 - 0 99. Communication from Deputy Commissioner of Planning in relation to an agreement for staffing of a Westchester Community College liaison at the White Plains Education and Training Center. F/S 100. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into a consulting agreement with Westchester Community College (“Consultant”) to provide staffing of a Westchester Community College liaison at the White Plains Education and Training Center. ADOPTED 7 - 0 101. Communication from Deputy Commissioner of Planning in relation to an agreement with Lifting Up Westchester, Inc., to provide home health aide training at the White Plains Education and Training Center. F/S 102. Ordinance of the Common Council of the City of White Plains authorizing the Mayor or his designee to enter into a consulting agreement with Lifting Up Westchester, Inc., (“Consultant”) to provide home health aide training at the White Plains Education and Training Center. ADOPTED 7 - 0 103. Communication from Director, Youth Bureau, in relation to an increase in grand funding b y $10,771.50 from the New York State Department of Health, in support of the Comprehensive Adolescent Pregnancy Prevention Program. F/S 104. Ordinance authorizing the mayor or his designee to enter into an agreement amending the sub-contract with Planned Parenthood Hudson Peconic, Inc., a contractor for the Ne York State Department of Health, to extend the subcontract for an additional six months and increasing the grant funding by $10,771.50, for a total of $32,315, for the City of White Plains (Youth Bureau) to support the Comprehensive Adolescent Pregnancy Prevention Program (CAPP) and to amend the FY 2015/2016 Youth Development Fund to reflect said Grant increase. ADOPTED 7 - 0 105. Communication from Director, Youth Bureau, in relation to a grant in the amount of $28,882 from the County of Westchester in support of the Youth Bureau’s Comprehensive Youth Alternatives Projects Program. F/S 106. Ordinance of the Common Council of the City of White Plains authorizing the Mayor, or his designee, to execute an agreement to accept on behalf of the City of White Plains (through its Youth Bureau), a $28,882 Grant from the County of Westchester to support the White Plains Youth Bureau’s Comprehensive Youth Alternatives Projects Program. ADOPTED 7 - 0 107. Communication from Director, Youth Bureau, in relation to the Youth Bureau’s Schedule of Fees for Fiscal Year 2016/2017. F/S 108. Ordinance of the Common Council of the City of White Plains establishing and approving a Schedule of User Fees for FY 2016/2017 fo the White Plains Youth Bureau. ADOPTED 7 - 0 109. Communication from Commissioner of Finance in relation to the proposed refunding of Public Improvement Serial Bonds. F/S 110. Refunding Bond Ordinance dated February 1, 2016, authorizing the issuance of refunding serial bonds of the City of White Plains, State of New York, pursuant to Section 90.10 of the Local Finance Law of the State of New York, providing for other matters and making certain determinations in relation thereto and providing for the payment of the bonds to be refunded thereby. ADOPTED 7 - 111. Communication from Commissioner of Finance in relation to the proposed de- authorization of serial bonds in the amount of $125,000. F/S 112. Bond Ordinance dated February 1, 2016, de-authorizing the issuance of $125,000 aggregate principal amount serial bonds of the City of White Plains, New York, previously authorized on January 3, 1012, to finance the cost of improvements to Class A Buildings. ADOPTED 7 - 0 113. Communication from Commissioner of Parking in relation to a proposed amendment to  the White Plains Municipal Code to add Chapter 4-27 to be entitled, “Valet Parking.” F/S 114. Ordinance of the Common Council of the City of White Plains amending Title IV of the White Plains Municipal Code by adding Chapter 4-27 entitled, “Valet Parking.” ADOPTED 6 - 0. Recusal: Mrs. Smayda 115. Communication from Deputy Commissioner, Department of Parking in relation to amendments to the Traffic Ordinance at various locations around the City. F/S 116. Ordinance amending the Traffic Ordinance of the City of White Plains in relation to creating a new Valet Permit Parking provision; creating a “No Stopping-Valet Drop Off Area”; modifying a “Handicapped Parking Spaces - Streets” (Metered Three-Hour Maximum) on the est side of Mamaroneck Avenue; modifying a “Handicapped Parking Spaces - Streets (Metered Three-Hour Maximum) on the north side of Martine avenue; modifying a “No Standing Any Time” Zone on the est side of Mamaroneck Avenue; and modifying “Overnight Flashing of Intersection Traffic Control Signals - Under Computer Control” for the intersection of North Broadway at Bond Street and Otis Avenue. ADOPTED 6 - 0. Recusal: Mrs. Smayda RESOLUTIONS: ITEMS 117 - 128 117. Communication from Deputy Commissioner of Building in relation to an application submitted on behalf of Maple and Broadway Holdings, LLC, in cooperation with Urstadt Biddle Properties, Inc., for six Special Permit approvals for Outdoor Dining, and Site Plan Approval for the proposed redevelopment of the Westchester Pavilion at 60 South Broadway, to a mixed use residential and retail/restaurant development. 118. Communications from Design Review Board 119. Commissioner of Planning (2) 120. Planning Board 121. Commissioner of Public Safety 122. Commissioner of Public Works (2) 123. Deputy Commissioner, Traffic Division 124. Transportation Commission 125. Commissioner of Parking 126. Conservation Board 127. Westchester County Planning Board (2) 128. Environmental Officer 129. Environmental Findings Resolution ADOPTED 130. Resolution of the Common Council of the City of White Plains approving the application submitted on behalf of Maple and Broadway Holdings, LLC, (“Applicant”) in cooperation with Urstadt Biddle Properties, Inc., the owner of the premises located at 60 South Broadway, for six (6) Special Permit approvals for Outdoor Dining and Site Plan Approval for the proposed redevelopment of the Westchester Pavilion site at 60 South Broadway, including a new approximately 856,499 square foot mixed-use residential and retail/restaurant development,  consisting of 707 multi-family units, 43 units of which will be affordable at 60% of Westchester County’s median family income (“MFI”), within two (2) 24 story buildings, with a maximum height of 280 feet and located on top of approximately 93,840 square feet of street level accessible commercial use, including approximately 77,340 square feet of retail and 16,500 square feet of restaurant, with 1800 square feet of Outdoor Dining, and a four (4) level below grade parking garage with approximately 1,037 parking spaces, and residential community amenities to include a first floor grand lobby with a full-time concierge/door attendant, two (2) rooftop pools and sky garden, pet area, fitness facility and clubroom, and payment by the applicant of fee-in-lieu in the amount of $2,330,000 to be used exclusively for park, playground and other recreational purposes, including the acquisition of real property, to mitigate the recreational impact of the new multi-family project, in accordance with General City Law Section 27-A. ADOPTED 131. Communication from the Mayor in relation to the certification of a Home Rule request seeking enactment of New York State Legislation in relation to establishing a City of White Plains Industrial Development Agency. F/S 132. Resolution of the Common Council of the City of White Plains authorizing the certification of a Home Rule request seeking enactment of State legislation amending the General Municipal Law to establish the White Plains Industrial Development Agency (Assembly Bill No. A01469) (Senate Bill No. S02320). ADOPTED 133. Communication from the City Clerk in relation to a change of date for the Regular Stated Meeting of the Common Council for May 2016 from Monday, May 2, 2016, to Wednesday, May 4, 2016 at 7:30 p.m. F/S 134. Resolution of the Common Council of the City of White Plains setting the date for the Regular Stated Meeting of the Common Council for May 2016, as May 4, 2016. RESCINDED 135. Communication from the City Clerk in relation to a resolution adopted January 4, 2016 scheduling a public hearing for February 1, 2016, on an application submitted by Wild Fusion Asian Sushi Grille and Bar for an Accessory Cabaret Use at 250 Main Street. F/S 136. Resolution of the Common Council of the City of White Plains rescinding a resolution adopted January 4, 2016 entitled, “Resolution of the Common Council of the City of White Plains scheduling a public hearing for February 1, 2016, in relation to the application submitted on behalf of Wild Fusion 2 Inc., (“Applicant’) for a Special Permit to operate an Accessory Cabaret at the Wild Fusion located at 250 Main Street.” ADOPTED 137. Communication from the Corporation Counsel in relation to a resolution regarding Special Permit and Site Plan Approval for the French American School of New York (FASNY) to construct a school complex at 400 Ridgeway. F/S 138. Resolution of the Common Council of the City of White Plains granting: (1) pursuant to Sections 2, 4, 5, 6, 7 and 8 of the Zoning Ordinance of the City of White Plains (“Zoning Ordinance”), Special Permit/Site Plan Approval for a “Private Elementary School” and “Private Secondary School” to be operated by the French-American School of New York (“FASNY”) at 400 Ridgeway, a site consisting of approximately 131 acres on SBL 131.10-3-43.1 (aka 400 Ridgeway and referred to hereinafter as “Parcel A”), SBL 131.14-2-3 (aka Gedney Esplanade and referred to hereinafter as “Parcel B”), SBL 131.10-1-6 (aka 213- 223 Bryant Avenue and referred to hereinafter as “Parcel C”), SBL 131.14-9-3 (aka 336 Ridgeway and referred to hereinafter as “Parcel D”), AND SBL 131.11- 12-1 (aka 557 North Street or 565 North Street and referred to hereinafter as the “North Street Property” and, as merged with Parcel D the (“Expanded Parcel D”) all located in the R1-30 District; (2) pursuant to Sections 4, 5, 7 and 8 of the Zoning Ordinance, site plan approval for a “Nursery School” accessory to the “Private Elementary School” and “Private Secondary School;” (3) pursuant to Sections 2, 4, 5, 6, 7 and 8 of the Zoning Ordinance, Special Permit/Site Plan Approval for tennis court structures to be located on Parcel A in the southwesterly area of the FASNY Property; (4) approvals for the (A) Final Transportation Management Plan, (B) Final Site Landscaping Plan, (C) Final Conservancy Area Master Plan, (D) Final Construction Management Plan for the FASNY School Project, and (E) Final Declaration of Covenants, Restrictions and Easement; and (5) approvals under Section 4.4.25 of the Zoning Ordinance and Chapters 3.5 and 7.5 of the Municipal Code, all being subject to the terms, conditions and requirements contained in this Resolution and consistent with the Hathaway Lane partial discontinuance Ordinance, previously adopted by the Common Council (“Adopted Discontinuance Ordinance”), the approved Environmental Findings Statement adopted by the Common Council on December 19, 2013, and the Stormwater Pollution Prevention Plan approved by the Commissioner of Public Works effective May 15, 2015 (“SWPPP”) (Together the “Final FASNY Project.”). VOTE TO REMOVE FROM TABLE 2 - 5. NAYS: KIRKPATRICK, LECUONA, KROLIAN, MARTIN AND THE MAYOR. ITEMS FOR REFERRAL: 139. Communication from Deputy Commissioner of Building in relation to an application for a Special Permit/Site Plan Approval submitted on behalf of Norden Lofts, LLC, for the adaptive reuse and redevelopment of an existing 48,000 square foot industrial building to residential apartments at 121 Westmoreland Avenue. F/S AND REFER TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRANSPORTATION COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 140. Communication from Commissioner of Building in relation to a request submitted on behalf of Kite Realty Group - White Plains City Center for an amendment to a previously approved site plan for improvements to the site of: upgrading the pedestrian plaza with a new fountain, additional planting, seating, lighting and a stage; a valet area on Mamaroneck Avenue; installing escalators from the lobby area on Mamaroneck Avenue to the second floor; and revising and updating exterior signage. F/S AND  REFER TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRANSPORTATION COMMISSION, PARKING DEPT., URBAN RENEWAL AGENCY, WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. Recusal: Mrs. Smayda 141. Communication from Deputy Commissioner of Building in relation to an application submitted on behalf of Post Maple 77, LLC, for Site Plan Approval to construct a mixed- use development of retail, fitness, restaurant uses, as twelve multi-family dwelling units on the property bounded by Maple Avenue, West Post Road, Rathbun Avenue and White Plains Nissan. F/S AND REFER TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRANSPORTATION COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. 142. Communication from Deputy Commissioner of Building, in relation to a site plan application submitted on behalf of Esplanade of White Plains Venture Partnership FOR Site Plan Approval to re-purpose the buildings located at 95 South Broadway and 4 Lyon Place to residential multi-family from The Esplanade Assisted Living Facility. F/S AND REFER TO LAW, BUILDING DEPT., DESIGN REVIEW BOARD, PLANNING DEPT., PLANNING BOARD, PUBLIC SAFETY, PUBLIC WORKS, TRAFFIC DIVISION, TRANSPORTATION COMMISSION, PARKING DEPT., WESTCHESTER COUNTY PLANNING BOARD AND ENVIRONMENTAL OFFICER. ITEMS FOR INFORMATION: 143. Communication from Chairman, Capital Projects Board, transmitting the Capital Improvement Program for Fiscal Year 2016-2022. F/S AND FILE ATTACHMENT. 144. Communication from Commissioner of Finance transmitting the Interim Financial Report for the six months ending December 31, 2015. F/S AND FILE ATTACHMENT. 145. Communication from Commissioner of Finance transmitting the Capital Projects Status Report for the six months ending December 31, 2015. F/S AND FILE ATTACHMENT. 146. Communication from Deputy Commissioner of Building in relation to a request submitted on behalf of White Plains Medical Center, for a three year renewal of a Special Permit to operate an Accessory Parking Lot at 2-6 Oakwood Avenue. F/S/A 147. Communication from Deputy Commissioner of Building in relation to a request submitted on behalf of 432 Mamaroneck Co. LLC, for a three year renewal of a Special Permit to operate an Accessory Parking Lot at 434-440 Mamaroneck Avenue. F/S/A