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HomeMy WebLinkAboutLL 01 of 2011 PDZ Belle Sherman Cottages TOWN OF ITHACA LOCAL LAW NO. 1 OF THE YEAR 2011 A LOCAL LAW TO AMEND ZONING CHAPTERS 270 AND 271 OF THE TOWN OF ITHACA CODE TO PROVIDE A PLANNED DEVELOPMENT ZONE FOR THE BELLE SHERMAN COTTAGES PROJECT Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 of the Town of Ithaca Code, Article IV, § 270-6 entitled "Enumeration of zones" is amended by adding at the end of subdivision A thereof the following: "Planned Development Zone No. 13 - In accordance with and pursuant to Local Law No. 1 - 2011 [Belle Sherman Cottages]" Section 2. Chapter 271 of the Town of Ithaca Code is hereby amended by adding Section 271-14, entitled "Planned Development Zone No. 13 (Belle Sherman Cottages)", as follows: "§ 271-14. Planned Development Zone No. 13 (Belle Sherman Cottages). A. Findings. (1) The Town of Ithaca's Comprehensive Plan encourages the development of community-oriented, environmentally-sound housing communities; encourages focusing development in areas where adequate public infrastructure and facilities exist; encourages reducing automobile use while emphasizing walking, bicycling and use of public transit; encourages development design that minimizes the use of energy; encourages focusing development to avoid sprawl with densities that facilitate access to existing shops; and (2) Agora Homes and Development, LLC and its assigns and/or successors ("Developer")proposes to develop and sell single- family detached homes and attached townhouses in an infill development at a density greater than that allowed as of right with the current zoning of High Density Residential Zone; and (3) The Developer will pursue Leadership in Energy and Environmental Design (LEED) certification for Neighborhood Development and/or for Homes by developing sustainable homes within a walkable, traditional neighborhood development; and Adopted 04-11-11 1 (4) (5) The proposed project will: (a) Create more environmentally sustainable housing in the Town that is within walking distance to the City of Ithaca center, to Cornell University, to services at East Hill Plaza, and to an elementary school; and (b) As an infill development, conserve the Town's land resources while concentrating development in an area of the Town already served by water and sewer infrastructure as well as transit service; and (c) Provide for appropriate housing density between the Belle Sherman neighborhood at the City of Ithaca border and the Maplewood Apartments in the Town; and (d) Redevelop an incompatible industrial property and replace its long-standing, non-conforming use with a housing development that extends the street network and residential character of the adjacent Belle Sherman neighborhood: and (e) Improve public access to the East Ithaca Recreation Way; and (f) Contribute to the variety of housing styles and patterns of development available in the Town; and (g) Provide for a wide economic cross-section of resident owners within the Belle Sherman Cottages community by including attached townhouses that will, by virtue of their smaller size, be more affordable at market rate prices. (6) On January 4, 2011 the Planning Board recommended the adoption of this local law, issued a Preliminary Subdivision Approval, and approved a Preliminary Site Plan for Planned Development Zone No. 13, as shown on documents with a cover sheet titled"Agora Homes and Development, LLC, Belle Sherman Cottages, 808 Mitchell Street Ithaca,NY" and dated December 3, 2010, said drawings prepared by T.G. Miller, P.C., O'Brien & Gere, Allison Ramsey Architects, Inc. and Trowbridge &Wolf, LLP. Copies of the Preliminary Subdivision Approval and Preliminary Site Plan approval were submitted to the Town Board at the time of the creation of this Planned Development Zone and are on file at the Town of Ithaca Planning Department. Adopted 04-11-11 2 B. Purpose. It is the purpose and intent of this Section 271-14 to allow, by creation of a Planned Development Zone, an opportunity for the implementation of the foregoing goals and objectives in a sustainable, environmentally friendly, and ecologically sound manner. C. Definitions. The definitions in §270-5 of the Town of Ithaca Code shall apply to all of the terms in this section except as otherwise specifically stated in this section. D. Permitted principal uses. Only the following buildings or uses are permitted as of right in Planned Development Zone No. 13: (1) No more than nineteen(19) one-family detached dwelling units on individual lots not less than 3,400 square feet and averaging not less than 4,000 square feet in aggregate; and no more than ten(10) attached townhouses on lots not less than 575 square feet. Occupancy of the dwellings shall be limited as follows: A dwelling may be occupied by not more than: (a) One family, or (b) One family plus no more than one boarder, roomer, lodger, or other occupant. (2) Any municipal,public or private utility purpose necessary to the maintenance of utility services except that substations and similar structures shall be subject to the same setback requirements, if any, as apply to residences. (3) Park or playground, including accessory buildings and improvements. E. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in Planned Development Zone No. 13: (1) Solar collectors (roof-mounted only), subject to the provisions of§ 270-219.1 of the Town of Ithaca Code. (2) Home occupations, subject to the limitations on home occupations set forth in § 270-219.2 of the Town of Ithaca Code. (3) Signs, as regulated by Chapter 221, Signs, of the Town of Ithaca Code. Adopted 04-11-11 3 (4) Off-street garage or parking space for the occupants,users and employees in connection with the uses specified above, but subject to the other provisions of this section. (5) A temporary building for commerce or industry, where such building is necessary or incidental to the development of the buildings within Planned Development Zone No. 13 including, but not limited to, a construction office and/or sales office. Any such building may be continued through project completion. (6) Accessory buildings such as dog houses, storage sheds, or other small structures such as play structures, clearly ancillary and related to dwelling uses in Planned Development Zone No. 13 and subject to all other provisions of this section. (7) Private swimming pool and other similar recreational facilities for the principal private use of the occupants of the dwelling. (8) Amateur radio facilities, subject to the limitations on amateur radio facilities set forth in §270-219.3 of the Town of Ithaca Code. F. Manner of land and infrastructure ownership. The property and infrastructure in Planned Development Zone No. 13 may be owned as follows: (1) Each dwelling unit and its lot and utility service lines may be owned individually or by more than one person or entity; (2) Common land, roadways, sidewalks, stormwater facilities and all other commonly-owned infrastructure may be owned by a corporation controlled by the residents of Planned Development Zone No. 13 to be known as the Belle Sherman Cottages Homeowners Association, Inc., hereinafter BSCHA, provided the Town Board finds the corporation will be adequately organized and capitalized to properly construct, maintain, operate and reconstruct such assets; (3) The following infrastructure will be conveyed to and owned by the Town of Ithaca: water and sewer mains; and (4) The following infrastructure will be owned by utility companies: electric, gas, cable television, telephone and communication lines. G. Height limitations. In Planned Development Zone No. 13, no building shall be erected, altered, or extended to exceed 40 feet in height from the average exterior grade along the front wall of the building. No structure Adopted 04-11-11 4 other than a building shall be erected, altered, or extended to exceed 30 feet in height. Accessory buildings shall in no case exceed 18 feet in height. H. Yard regulations. (1) Accessory buildings other than garages may not occupy any open space other than a rear yard or side yard. (2) No building requiring a permit nor any portion thereof may be constructed within 10 feet of any other building requiring a permit. I. Lot coverage. No one-family detached structure or structures, including accessory buildings or structures, shall be erected, constructed, altered or extended to cover, in the aggregate, more than 50% of the land area within any lot. An attached townhouse may cover up to 100% of the land area within any lot. J. Parking. Off-street parking shall be provided in the form of garages, or paved parking spaces surfaced in such manner as may be approved by the Town Planning Board, at the rate of at least one (1)parking space for each dwelling unit. K. Size limitation. The square footage for any detached one-family dwelling unit shall not be less than 1500 square feet. The square footage of the attached townhouses shall not be less than 1100 square feet. L. Townhouse units. The minimum number of the attached townhouse units is ten (10). M. Park and open space. The land area devoted to private parkland, open space and East Ithaca Recreation Way access will be shown on the original final site plan approved by the Planning Board. These areas will be owned and maintained by the BSCHA, which will provide for public access to the sidewalks, parkland and connection points to the East Ithaca Recreation Way. N. Ownership and maintenance of roadways, sidewalks, infrastructure and stormwater management facilities. (1) All water and sewer mains in Planned Development Zone No. 13 to be dedicated to the Town of Ithaca will be constructed by the Developer or other owner of the land in Planned Development Zone No. 13, at such party's expense, and in accordance with all applicable specifications and requirements (including Town of Ithaca and Tompkins County specifications) to the satisfaction of Adopted 04-11-11 5 the Town of Ithaca Town Engineer and Tompkins County Health Department, will be offered for dedication to the Town upon completion, and when accepted by and conveyed to the Town, will be owned and maintained by the Town. Nothing in this section is intended to compel the Town to accept such dedications. (2) All roadways and sidewalks, all stormwater management facilities and all infrastructure not privately owned or utility owned or owned and maintained by the Town as noted in N. (1) above, will be owned and maintained by the BSCHA. O. Building permits, site plan approval and subdivision approval. (1) In accordance with the provisions of Chapter 270, Zoning, of the Town of Ithaca Code, a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits.Any significant revisions to the Preliminary Site Plan, a copy of which will be on file at the Town of Ithaca Planning Department, submitted to the Town Board at the time of the creation of this Planned Development Zone, shall be submitted to and be approved by the Town Board before issuance of any building permits. (2) Notwithstanding the foregoing, the Planning Board is authorized to permit modifications of the Preliminary Site Plan in granting final site plan approval provided that: (a) As modified, such site plan is in general conformity with the purposes and objectives of this section creating this Planned Development Zone; and (b) The modifications are in accordance with the provisions of this section, and with the provisions of Chapter 270, Zoning, and Chapter 234, Subdivision of Land, of the Town of Ithaca Code (except to the extent the Preliminary Subdivision Approval and Preliminary Site Plan Approval, dated January 4, 2011, do not comply with these two chapters); and (c) The modifications do not eliminate or significantly change the East Ithaca Recreation Way access as provided for on the Preliminary Site Plan. (3) Building permits shall be required for any construction except as otherwise provided by Chapter 125, Building Construction and Fire Prevention, §125-4 of the Town of Ithaca Code. In addition to Adopted 04-11-11 6 the building permit requirements specified elsewhere in this§ 271- 14, such permits shall not be issued unless and until the exterior design, specifications, and plans for the buildings and all other improvements to be constructed in Planned Development Zone No. 13 and construction of all outside facilities including lighting and signs shall have been shown on the final site plan approved by the Planning Board, and any construction hereafter shall be in accordance with said site plan as finally approved. Notwithstanding the foregoing, building permits may be issued for roof-mounted solar collectors (see subparagraph E (1)) not shown on the final site plan, and for items not shown on the final site plan if they are listed in Chapter 270, Zoning, § 270-191 of the Town of Ithaca Code as not requiring Planning Board approval of a site plan modification. In determining whether to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving a site plan pursuant to Chapter 270, Zoning, Article XXIII of the Town of Ithaca Code. (4) An application for subdivision approval consistent with the terms of this section shall be submitted to and be approved by the Planning Board before issuance of any building permits. P. Infrastructure completion before building permit or certificate of occupancy issuance. (1) No building permits shall be issued for construction of any structures accessed by a private road within Planned Development Zone No. 13 unless the following exist at the time of the issuance of such permit: (a) The private roads have been constructed and are maintained so as to provide, in the opinions of both the Town Engineer and Town Highway Superintendent, a usable, serviceable roadway for unimpeded ingress and egress of residential, emergency and service vehicles. The final paving of said roads will not be a requirement of this subparagraph a. (b) Suitable provisions, as determined by the Town Engineer and Town Highway Superintendent, exist to assure continuing access and continuing maintenance of said private roads to a standard that will allow unimpeded passage of emergency vehicles at all times and in all seasons. Adopted 04-11-11 7 (c) Signs are posted at the intersections of the private roads with public roads indicating that the private roads are not Town roads. (d) All stormwater management facilities that serve the overall development or the section of the development within which a permit is being requested are constructed pursuant to the approved stormwater management plan, except any facility that is an integral part of a building lot(including, but not limited to, swales or other facilities to be built within building lots) will be constructed after issuance of a building permit for said building and must be functional prior to issuance of a certificate of occupancy for the building. Notwithstanding the foregoing, installation of the sand filter for the stormwater management system will not take place until project completion and is, therefore, not a requirement of this subparagraph d. (e) Sewer easements for the benefit of the Town for public sewer mains running from a presently existing public sewer to the locations of the proposed collection points within the proposed private road rights-of-way for all of the buildings shown on the final approved site plan are obtained in a form acceptable to the Town of Ithaca from the owner(s) of the lands over which said public sewer mains must run, and the same are recorded in the Tompkins County Clerk's Office. (f) Water easements for the benefit of the Town for public water mains running from a presently existing public water main to the locations of the proposed distribution points within the proposed private road rights-of-way as shown on the final approved site plan are obtained in a form acceptable to the Town of Ithaca from the owner(s) of the lands over which said public water mains must run, and the same are recorded in the Tompkins County Clerk's Office. (2) No certificates of occupancy shall be issued for structures unless and until: (a) Water meters are installed by the Developer at the Developer's expense at the distribution points where the Belle Sherman Cottages private lines will intersect the public water mains, for purposes of metering consumption within Planned Development Zone No. 13 in accordance with the water supply requirements of the Town of Ithaca, Adopted 04-11-11 8 Southern Cayuga Lake Intermunicipal Water Commission, and any other relevant municipal agency. (b) The private roads that serve the property in Planned Development Zone No. 13 have been completed, and their construction is in accordance with the road design shown in the approved Preliminary and Final Site Plans. Notwithstanding the foregoing, final paving does not have to be completed prior to the issuance of certificates of occupancy for the first 24 dwelling units, but final paving must be completed prior to the issuance of a certificate of occupancy for the 25th dwelling unit. (c) All future public water and sewer mains that are to be dedicated to the Town and that will serve the private collection or distribution points are constructed by the developer or other owner of land in Planned Development Zone No. 13, at such party's expense, in accordance with all applicable specifications and requirements (including Town of Ithaca and Tompkins County specifications) to the satisfaction of the Tompkins County Health Department and the Town of Ithaca Town Engineer, and such water and sewer mains are transferred and dedicated to the Town of Ithaca. (d) All private water and sewer mains serving the lot for which a certificate of occupancy is requested have been built by the Developer at the Developer's expense in accordance with the requirements of all applicable governing authorities and laws, including the requirements of the Tompkins County Health Department, and applicable plumbing and building codes. (e) Notwithstanding the above requirements of this subsection P(2), a model home with no office and with no water or sewer service may be granted a certificate of occupancy prior to the satisfaction of these requirements. Q. Maintenance of stormwater facilities. The BSCHA shall own and properly maintain the sand filter, stormwater lines and inlets that serve Planned Development Zone No. 13. Maintenance of these stormwater management facilities shall be pursuant to a separate agreement between the Town and the BSCHA. Adopted 04-11-11 9 R. Construction requirements. All construction for which a permit is required or granted shall comply with all applicable laws, codes, ordinances, rules and regulations. S. Modification of final site plan. Any change in the site plan as finally approved by the Town Planning Board shall not be made until an application for a modification of site plan is provided to and approved by the Town Planning Board pursuant to Section 270-191 of the Town of Ithaca Code. Site plan modifications are not required for those items listed in Chapter 270, Zoning, § 270-191 of the Town of Ithaca Code as not requiring Planning Board approval of a site plan modification. T. Reversion. (1) Unless work has materially commenced in accordance with a final site plan within two years from the issuance of the building permit authorizing such work, or within 48 months of the date the Planning Board gave final site plan approval, or within six years of the effective date of this section, whichever is earlier, any building permit shall lapse, the site plan approval (both final and preliminary, if any) shall expire, and the zoning change effected by this section shall terminate and the zoning shall revert to that in effect prior to the adoption of this section, unless in the interim there has been a general rezoning of the area surrounding the area being rezoned by this section, in which event the zoning shall revert to the same zoning as then in effect along a majority of the perimeter of the land being rezoned as Planned Development Zone No. 13 by this section. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application for site plan approval or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. (2) For the purposes of this section, work will not have materially commenced unless, at a minimum: (a) A building permit, if required, has been obtained; and (b) Construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and Adopted 04-11-11 10 (c) Substantial excavation(where excavation is required) or significant framing, erection, or construction(where excavation is not required) has been started and is being diligently pursued. U. Violations. Any violations of the terms of this section shall constitute a violation of the Town of Ithaca Zoning Ordinance and shall be punishable as set forth in said ordinance and in § 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this section, including, without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event the owner of the parcel covered by this section fails to comply with any of the provisions hereof. If any building or land development activity is installed or conducted in violation of this section, the Code Enforcement Officer may withhold any building permit or certificate of occupancy and/or prevent the occupancy of said building or land. V. Compliance with Town Code. Except as otherwise specified in this section, or as otherwise shown on the final site plan or final subdivision plat, all provisions of the Town of Ithaca Code shall apply to all development, structures and uses in Planned Development Zone No. 13. W. Area rezoned. The area encompassed and rezoned in accordance with this section as Planned Development Zone No. 13 is described on Schedule A to this section. The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the location described. X. Enforcement. Any violations of the terms of this section shall constitute a violation of Chapter 270 of the Code of the Town of Ithaca and shall be punishable as set forth in said Code and in Section 268 of the Town Law of the State of New York. Each week's continued violation shall constitute a separate offense. Notwithstanding the foregoing, the Town reserves for itself, its agencies and all other persons having an interest, all remedies and rights to enforce the provisions of this section, including, without limitation, actions for any injunction or other equitable remedy, or action and damages, in the event any of the owners of the parcels covered by this section fail to comply with any of the provisions hereof. Adopted 04-11-11 11 Schedule A Description of Area Rezoned Planned Development Zone No. 13 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, being bounded and described as follows: BEGINNING at a pin found on the north line of Mitchell Street at the southwest corner of lands of Cornell University, as recorded in Book 211 at Page 266, said point being 139 feet east of the intersection of Clover Lane and 27.4 feet north of the centerline of Mitchell Street; RUNNING THENCE North 780 18' 06"West for a distance of 362.80 feet along the north line of Mitchell Street to a point; RUNNING THENCE North 06° 59' 03"East for a distance of 394.61 feet to a point; RUNNING THENCE North 83°05' 45"West for a distance of 29.00 feet to a point at the southeast corner of Worth Street; RUNNING THENCE North 06° 59' 03"East for a distance of 50.00 feet along the east line of Worth Street to a point at the northeast corner of Worth Street; RUNNING THENCE South 83° 06' 00" East for a distance of 19.74 feet to a pin found; RUNNING THENCE North 060 54' 00"East for a distance of 245.32 feet to a pipe found in concrete; RUNNING THENCE North 7 V 52' 26"East for a distance of 30.00 feet to a point; RUNNING THENCE South 18° 10' 25" East for a distance of 809.23 feet to the point of beginning. For a more particular description thereof, reference is hereby made to a survey map entitled"Subdivision Plat Belle Sherman Cottages Agora Homes and Development, LLC, Mitchell Street and Vine Street, Town of Ithaca, Tompkins County,New York," dated March 2, 2011,prepared by T.G. Miller, P.C., Engineers and Surveyors, Ithaca,New York." Section 3. In the event that any portion of this local law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Adopted 04-11-11 12 Section 4. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. Adopted 04-11-11 13