Loading...
HomeMy WebLinkAboutLL 06 of 1998 SLUD for Sterling HouseTOWN OF ITHACA LOCAL LAW NO.^OF THE YEAR 1998 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE)FOR THE STERLING HOUSE ASSISTED LIVING UNIT AND THE STERLING COTTAGE DEMENTIA UNIT ON BUNDY ROAD AND NYS RTE.96 OWNED BY ALS-NORTHEAST,L.L.C. Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1.The Zoning Ordinance of the Town of Ithaca as readopted,amended and revise effective February 26, 1968,and subsequently amended, be further amended as follows: 1.Article 11,Section 2 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the listed permissible districts thereunderto include a district designated as "Special Land Use District No.10." 2. The uses permitted in Special Land Use District No. 10 are: (a)Two multiple-family dwellings as follows: (i) One multiple-family dwelling consisting of no more than 46 dwelling rooms with associated bath facilities which shall house at least no more than 53 beds,aggregated with central dining, kitchen, activity,administration,and maintenance areas, and other related community service space, and (ii) A second multiple-family dwelling consisting of no more than 32 dwelling rooms widi associated bath facilities which shall house no more than 36 beds, aggregated with central dining, kitchen, activity, administration,and maintenance areas,and other related community service space. (b) Subject to site plan approval by the Planning Board, the following accessory uses are permitted: (i)off-street garage or parking spaces for the residents of,employees working at, and visitors to the permitted facilities. (ii)accessory buildings such as storage sheds, refuse woven.hts,wpSlithMocallaw May 28,19981:53pm enclosures,pavilions,gazebos, and other similar small buildings. (iii)common recreational areas including walkways, sitting areas, courtyards, parks,community gardens, and other similar outdoor recreational facilities. (iv) any municipal or public utility structures necessary to the provision of utility services for the permitted facilities. (v)signs,as regulated by the Town of Ithaca Sign Law. 3.Any use in this district shall be governed by all of the requirements,including side yards, setbacks, building coverage, building height, and similar requirements, of a Residence District R-15,except as the same may be specifically modified by the terms of this local law. 4.Consistent with the requirements and restrictionsimposed by the Town of Ithaca Zoning Ordinance, the area being rezoned to Special Land Use District No. 10 shall be subject to the following conditions: (a)The exterior design,specifications,and plans for all buildings and design,specifications,and plans for all other improvements to be constructed on the premises and all the development of the grounds and construction of all outside facilities including lighting and signs shall have been shown on a final site plan and design drawings approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan and drawings as finally approved. In determining whetheror not to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving the site plan pursuant to Article DC and Section 78 of the Town of Ithaca Zoning Ordinance. (b)Building permits shall be required for any construction,including construction of signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design and specifications for such proposed construction. (c) Any construction for which a permit is granted shall comply with this local law and all other applicable laws, codes, ordinances, rules and regulations. (d) The area being rezoned to Special Land Use District No. 10 shall woven.hts,wpSUthMocallaw May 28.1998 1:53pm not be subdivided into more than two parcels. Any subdivision of the area so rezoned shall be accomplished in compliance with all applicable subdivision regulations, ordinances, rules, and statutes. (e) The dwelling rooms in this Special Land Use District No. 10 shall be occupied by adult persons requiring assisted living services or adult persons suffering from dementia,alzheimer disease,or other similar disabling conditions. (f) The operation of the facilities in this Special Land Use District shall comply with all applicable federal,state,county,and local statutes, rules and regulations related to the operation of facilities providing assisted living services and/or care for persons afflicted by dementia and like conditions. (g)There shall be provided at least two parking spaces for every three dwelling rooms,except that the Planning Board may reduce required number of spaces by no more than 25% in accordance with the criteria set forth in Section 38,subparagraph 1 of the Zoning Ordinance as amended by Local Law No. 10 for the year 1993 except that there need not be a finding that the occupancy of the building or buildings is intended to be a multiple use.If the Planning Board permits such a reduction, the Planning Board may impose such reasonable conditions,including the conditions set forth with respect to reductions of parking spaces in business districts,as may,in the judgment of the Planning Board,be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards,or otherwise be adverse to the general welfare of the community. In any event, unless expressly waived by the Planning Board,such reduction shall be subject to the same mandatory conditions as are set forth with respect to business district parking area reductions. 5. Any significant revisions to the Preliminary Site Plan,submitted to the Planning Board May 5,1998,shall be submitted to and be approvedby the Planning Board before issuance of any building permits. In accordance with the provisions of the Zoning Ordinance a final site plan shall be submitted to and approved by the Town of Ithaca Planning Board before issuance of any building permits. Section 2.The area encompassed and rezoned in accordance with this local law to Special Land Use District No. 10 is described on Schedule A to this local law. The official zoning map of the Town of Ithaca is hereby amended by adding such district at the location described. woven.hts,wp51ith\locallaw May 28, 1998 1:53pm Section 3.Unless work has materially commenced in accordance with a final site plan within oneyearfrom the issuanceof the building permit authorizing such work,or within thirty- six months of the date the Planning Board gave final site plan approval, or within four years of the effective date of this local law,whichever is earlier, any building permit shall lapse,the site plan approval (both final and preliminary,if any)shall expire,and the zoning change effected by this local lawshall terminate and the zoning shall revert to that ineffectpriorto the adoption of this local law, unless in the interim there has been a general rezoning of the area surrounding the area being rezoned by this local law, in which event the zoning shall revert to the same zoning as then in effect along a majorityof the perimeter oftheland being rezoned as a Special Land Use District by this local law. The Planning Board,upon request of the applicant, after a public hearing,and upon a finding that the imposition of the time limits set forth above would createan unduehardshipon the applicant, mayextendthetimelimitsfor such additional periods as the Planning Board may reasonably determine.An application for such extension may be made at the time of filing of the original application for site plan approval or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above^ For the purposes of this section, work will not have "materially commenced"unless, at a minimum,(i) a building permit, if required, has been obtained;(ii) constructionequipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and (iii) substantial excavation (where excavation is required)or significant framing, erection, or construction (where excavation is not required)has been started and is being diligently pursued. Section4. Any violations of the termsof this local lawshallconstitutea violationof theTownof IthacaZoningOrdinanceand shall be punishable as set forth in said ordinanceand 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 and its agencies all remedies and rights to enforce the provisions of this law,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 law fails to comply with any of the provisions hereof. Section 5.In the event that any portionof this lawis declared invalid by a court of competent jurisdiction,the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 6.This law shall take effect 10 days after its publication. woven.hts,wpSliihUocallaw May 28, 1998 1:53pm SCHEDULE A DESCRIPTION OF PROPERTY TO BE REZONED TO SPECIAL LAND USE DISTRICT NO.10 ALL THAT CERTAIN TRACT OR PARCEL OF LAND,situated in the Town of Ithaca, County of Torapkins,and State of New York, more particularly bounded and described as follows: BEGINNING at a point at the intersection of thesouthwesterlyline of Trumansburg Road -New York State Route 96 with the southerly line of Bundy Road; thence north 82 degrees 22 minutes 0 seconds west along the southerly line of Bundy Road 238.05 feet to a point; thence south 7 degrees 59 minutes 28 seconds west 337.41 feet to a point;thence south 37 degrees0 minutes 32 seconds east 247.49 feet to a point; thence continuing in the same direction an additional distance of 141.85 feet to a point; thence south 82 degrees 0 minutes 32 seconds east 329.03 feet to a point;thence north 50 degrees 32 minutes 53 seconds east 315.55 feet to the southwesterly line of Trumansburg Road,New York State Route 96;thence north 40 degrees 29 minutes44 seconds west along the southwesterly line of Route 96 369.21 feet to a point; thence north 34 degrees 44 minutes 6 seconds west along the southwesterly lineof Route 96 a distance of 169.41 feet to a point or place of beginning. Said premises are shown as "Proposed Parcel A"and "Proposed Parcel B" on a map entitled "Preliminary SubdivisionPlat" made by T. G. Miller, P. C.Engineers and Surveyors, dated 3/9/1998 on Sheet SK-2, a copy of which map is on filed in the Town of Ithaca Planning Department.