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HomeMy WebLinkAboutLL 07 of 1998 SLUD for CU Chilled Water PlantTOWN OF ITHACA LOCAL LAW NO.J_OF THE YEAR 1998 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT FOR THE CORNELL UNIVERSITY CHILLED WATER PLANT ON EAST SHORE DRIVE OWNED BY NOAH'S BOAT CLUB,INC. Be it Enacted by the Town Board of the Town of Ithaca as follows: WHEREAS,Cornell University has plans to replace the outdated,energy-intensive, electric-powered chillersthat now provide central cooling for Cornell University through aproject known as Lake Source Cooling;and WHEREAS,Cornell University is proposing to pump the naturally cold Cayuga Lake water from a depth of approximately 250 feet,transferring some of its chill to campus water piped from the campus to heat exchangers tobe located in with a Chilled Water Plant at 983 East Shore Drive in the Town of Ithaca,which Chilled Water Plant will utilize water from Cayuga Lake to chilled water that is piped to the campus to cool University laboratories and other buildings;and WHEREAS, Cornell Universityhas represented that the Lake SourceCooling Project will provide significant environmental benefits by reducing energy use needed for central cooling by 80%;and WHEREAS,the plans for Lake Source Cooling are solelyfor educational purposes and to further the education mission of the University;and WHEREAS, in order to assess the short and long term environmental and other effects of the Lake Source Cooling Project, the University prepared a Draft Environmental Impact Statement,from which the New York State Department of Environmental Conservation in accordance with applicable lawand regulation prepared andissuedaFinal Environmental Impact Statement (FEIS)t^ng into account the concerns and comments expressed by the public;and WHEREAS, the Town, Cornell University, and many residents of the Town have participated in the analysis of the proposed project and the drafting of the FEIS;and WHEREAS, the Town's Planning Board and Town Board have issued findings relating to the proposed project and the FEIS which,among other matters,set forth steps to mitigate,in part,some of the potential effects of the proposed project;and WHEREAS, the Lake Source Cooling Project's Chilled Water Plant is proposed to be constructed at 983 East Shore Drive to house the heat exchangers,pumps,and other equipment necessary to transferheat from the campus chilled water system to the lake water;and Cor-ckiLwat,wp5Nth^ocallaw May 28, 1998 2:04pm WHEREAS,it has been concluded that a rezoning of the site of the Chilled Water Plant from Business E to a Special Land Use District would provide the most flexibility for the University to implement the Lake Source Cooling Project,while preserving to the Town the ability to continue to regulate the proposed development of the Chilled Water Plant siteto assure compliance with the town's overall comprehensive plan and environmental requirements. NOW,THEREFORE,in view of the recitalsset forth above,theinformationand materials contained in the FEIS,and related findings in furtherance of the Town's Comprehensive Plan, and upon the request of Cornell University,the Zoning Ordinance of the Town of Ithaca as readopted,amended and revised effective February 26,1968,and subsequently amended,be further amended as follows: 1.Ordinance Amended.Article II, Section 1 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No.11,"which Special Land Use District is shown on a map entitled "Noah's Boat Club,East Shore Drive,Town of Ithacaand Village of Cayuga Heights,Tompkins Co.,N.Y.dated July 25,1965,last revised November 6, 1997,"by Allen T.Fulkerson,L.S.,a copy of which map was filed with the Town of Ithaca Planning Department and which district consists of the lands described in Schedule "A"attached hereto and made a part hereof. 2.Uses permitted. The uses permitted in this Special Land Use Districtareset forth below,all of which usesshall be conducted by an educational institution or an agency or third-party affiliated with or under contract with an educational institution for educational purposes.The permitted uses are: (a)One chilled water plan consisting of not more than 15,000 square feetin building footprint,containing heat exchangers,pumps,pipes,and other equipment and fixtures,together with control rooms,offices,reception,and other related spaces. (b)Upon receipt of a special approval and site plan approval bythe Planning Board: (i)Greenhouse,aquaculture facility,or laboratory,together with associated office and seminar room, for or associated with educational purposes and associated with,ora by-product of,the process of the chilled water plant. (ii)Maintenance,repair,servicing,utility,communications,supply and storage facilities provided the same are owned by,or are provided solely Cor-chiiwat,wp5NthMocallaw May 28, 1998 2:04pm to service, an educational institution in connection with a permitted use, and are not provided for the general public's use. 3.Accessory Uses.Permitted accessory uses shall include the following: (a)Off-street parking spaces for the employees,occupants,and users working at, and visitors to, the permitted facilities. (b)Accessory buildings such as storage sheds,garages,pavilions,gazebos,bus shelters,and other similar small buildings,provided that no single building exceeds more than 2,000 feet in size. (c) Antennae, ray domes, satellite dishes, and similar technical or scientific structures. (d)Outdoor recreational areas including walkways,parks, trails,picnic tables, and other similar recreational facilities. (e) Any municipal, public, or privately owned utilityfacility, 2,000 square feet or less in size, necessary to the development or maintenance of utility services for a principal use permitted above. (f) Upon receiptof special approvalfromthe Planning Board,any municipal, public,or privately owned utility facility,greater than 2,000 square feet in size, necessary to the development or maintenanceof utilityservices for a principal use permitted above. (g) Signsassociatedwith the above usesbutonlyin accordance with the Town of Ithaca Sign Ordinance or similar law as then in effect. 4. ApplicableRequirements.Except as expressly otherwise set forth in the local law creating this Special Land Use District,the requirements of the Zoning Ordinance governing Light Industrial Districts shall be applicable to the Special Land Use District.If there is a conflict between the Special Land Use District provisions and those goveming the Light IndustrialDistrict, the provisionsof this Special Land Use Districtshall prevail. 5.Performance Standards.Notwithstanding theforegoing,any use permitted in this Special Land Use District shall be in conformity with the following additional standards: (a)Height:The maximum height of buildings and structures shall be as follows Cor-chiiwat,wp5Nth^ocallaw May 28, 1998 2:04pm (i) No building shall be erected, altered, or extended to exceed 38 feet in height from the lowest interior grade nor thirty-six (36) feet in height from the lowest exterior grade measured from the lowest point of grade at the exterior buildingwallto thehighestpointoftheroofofthe building,but excluding rooftop appurtenances such as mechanical equipment,exhaust pipes,radio antenna provided such appurtenances do not themselves exceed an additional 12 feet in height. (ii) No structure, other than a building,shall be erected, altered, or extended to exceed thirty (30) feet in height. (b) Ground Coverage:Total coverage of ground by structures,road pavement,parking lots and pedestrian area pavements shall not exceed 30%of the Special Land Use District. Total maximum ground coverage by buildings alone shall not exceed 20%of the Special Land Use District. (c)Yards:Unless a deviation is authorized by the Planning Board,for good cause shown, the yard requirements shall be as follows: (i) Front yard shall be not less than 50 feet. (ii) Side yards shall be not less than 60 feet. (iii) Rear yard shall be not less than 50 feet. The foregoing yard requirements may include any required buffer areas and shall notbe in addition to any required buffer areas. (d)Noise:No use shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the land use category stated below when measured at the boundary of the Special Land Use District nearest the receiving land use. Receiving Sound Land Use Category Time Level Limit Residential Use 7 a.m.- 7 p.m. 65 dBa 7 p.m.- 7 a.m. 55 dBa All Other 7 a.m.- 7 p.m.68 dBa 7 p.m. - 7 a.m. 58 dBa Cor-chiiwat,wp5l^lh^callaw May 28, 1998 2:04pm For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the maximum sound limits set forth above shall be reduced by 5 dBa. (e) Vibration: No activity shall cause or create a discernible steady state or impact vibration at or beyond the boundary of the Special Land Use District. (f)Atmospheric Emissions:There shall be no emission of dust, dirt, smoke, fly ash, or noxious gases or other noxious substances which could cause damage to the health of persons,animals,or plant life. (g) Odor:There shall be no emission of any offensive odor discernible at tlie boundary of the Special Land Use District. (h) Glare and Heat: No glare or heat shall be produced that is perceptible beyond the boundaries of the Special Land Use District. Exterior illumination shall be shaded and directed to prevent glare or traffic hazard on surrounding properties and streets. (i)Radioactivitv and Electromagnetic Interference: No activities shall be permitted which emit dangerous radioactivity.No activities shall be permitted which produce any electromagnetic disturbance adversely affecting the operation of any equipment outside /^\the boundary of the Special Land Use District. (j) Fire and Explosion Hazards: All activities involving, and all storage of inflammable and explosive materials,shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate flre-fighting and fire suppression equipment and devices standard in the industry and as may be required by any applicable codes, laws, or regulations. All burning of such waste materials in open fires is prohibited. (k)Vermin:There shall be no storage of material,either indoors or out, in such a manner that it attracts or facilitates the breeding of vermin or endangers public health or the environment in any way. (1)Parking:Off-street parking for vehicles and bicycles shall be provided to serve the facility constructed within this Special Land Use District. Unless the Planning Board reduces the required number of parking spaces, for good cause shown, in the process of reviewing a site plan for a special approval, the minimum parking spaces will be one parking space for each 1,200 square feet or fraction thereof of enclosed building space. (m)Buffer Zone: No structure shall be placed nearer than 60 feet from any residence district. A strip of at least 10 feet wide within such buffer area shall be planted or Cor-chiLwat,wp5NtH^ocallaw May 28. 1998 2:04pm suitable fenced so as to screen the Special Land Use District from present or future residences. (n)Additional Reouirement:In addition to the performance standards set forth above, the buildings and structures in the Special Land Use District shall comply with the other requirements of the Light Industrial Zone including, without limitation,the provisions relating to off-street loading, access and sidewalks,and additional screening. (o) Waiver of Requirements:Notwithstanding any other provisions of these performance standards,no screening shallbe required along the portion of the east side ofthe Special LandUseDistrictthat is adjacent to the New YorkStateRoute 13right-of- way. 6.Prohibition of Subdivision.There shall be no subdivision of the land in the Special Land Use District. 7. Site Flan Approval.The exterior design,specifications,and plans for all buildings and other improvements,including any accessory buildings,to be constructed in the Special Land Use District,and the development of the grounds and construction of all outside facilities shall have been shown on a final site plan and design drawings approved by the Planning Board before a building permitwillbe issued.Any construction shall bein accordance witha final site plan and drawings as finally approved by the Planning Board.Any modification toa final site plan shall be approved by the Planning Board,except that the Planning Boardshall notbe required to approve any ^minimus modifications described in subdivision 4 of Section 46-b of the Zoning Ordinance. 8.Procedures Related to Site Plans.In considering whether or not to grant site plan approval,the PlanningBoard (a)Shall,to theextent appropriate,utilize the considerations setforthin Section46-d and other provisions ofthe Zoning Ordinance,or any successor statute,and,in addition, consider whether the proposed project meets the requirements of this Special Land Use District and the Zoning Ordinances and the requirements of any other statute, rule, or regulation;and (b)Shall,to the extent appropriate,impose upon the applicant such reasonable conditions as it deems necessary to protect the general welfare of the community,to assure adequate compliance with all applicable provisions of this Local Law or the Zoning Ordinance,or to minimize or eliminate any significant adverse environmental effects (including traffic impacts referred to above)that may occur as a result of the approval of the site plan. Cor-chilwat,wpSNth^ocallaw May 28, 1998 2:04pm (c) May authorize the required minimum number of parking spaces to be reduced to a number determined by the Planning Board if the following circumstances exist: (i) The occupancy of the building or buildings is such that fewer than the number of spaces required by this local law would be needed to accommodate the reasonably anticipated number of cars that will be traveling to,and/or parking at, the buildings;or (ii) Adequate traffic demand management control plans are or will be in place to assure fewer parking spaces than otherwise required by this local law will be needed at the project; and in either event (iii) The reduction in the number of parking spaces will not adversely affect traffic flow on the project site or elsewhere, will leave adequate parking for all of the reasonably anticipated uses or occupancies in the project, and will not otherwise adversely affect the general welfare of the community. If the Planning Board permits a reduction in the required numberof parking spaces, the Planning Board may impose such reasonable conditions as may,in the judgment of the Planning Board,be necessary to assurethatsuch reduction willmeetthecriteriaset forth above.In anyevent,unlessexpressly waived bythe Planning Board,suchreduction shall be subjectto the same conditions that would be imposed in the event of a reduction in parking spaces in a business zonepursuantto Section 38ofthe Zoning Ordinance,or any successor similar provision. (d)May,notwithstanding the provisions of this local law and Sections 45 and69 of the Zoning Ordinance (or any successor similar provisions),authorize the placement of parking spaces in the front yard ofany building orina buffer area (except for anybuffer area adjacent toa residence district)when the Planning Board finds that such location will be preferable to locations outside of the front yardor buffer area. 9. Special Approval.In granting Special Approval in any instance specified above, and in addition to the criteria for site plan approval, the Planning Board shall, to the extent appropriate, determine that: (a) Thehealth,safety,moralsand general welfare ofthe community in harmony with the general purpose of this ordinance shall be promoted. (b) The premises are reasonably adapted to the proposed use. Cor-chilwat,wpSNtH^ocallaw May 28, 19982:04pm (c)The proposed use and the location and design of any structure shall be consistent with the character of the district in which it is located. (d)Consideration has been given to minimizing adverse impacts of the proposed use upon any adjoining residential areaor Cayuga Lake Shore frontage. (e)The proposed use shallnot be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants. (f)The proposed access and egress forall structures and uses shall be safely designed. (g)The general effect of the proposed use upon the community as a whole,including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health, safety and general welfare of the community. The Planning Board may impose upon the applicant such reasonable conditions as it deems necessary to protectthe general welfare of the community. 10. Definitions. Forthe purposes ofthis Special LandUse District,the following term shall have the following meaning: (a)Educational Institution.An "educational institution"isa corporation,foundation, or other generally recognized entity organized and operated principally for the purpose of educating persons with essentially three components:(1)a curriculum;(2)a plant consisting of adequate physical facilities;and (3)a properly qualified and accredited staff to carry out its educational objectives.The following are included as educational institutions: (i) A college or university chartered by the State of New York. (ii)A college or university or post-graduate institution providing a recognized course of study and accredited by a recognized accrediting organization. (iii)A public school operated bya state-recognized Board of Education. (iv)A private school having received appropriate approval from the Board of Regents or Department of Education of the State of New York to operate as a school. (b)Owned.Property is "owned"by the person(s)or entity(ies)holding the fee title to at least a 51%interest in the property,except that if the property is leased under a Cor-chiLwat,wpSNthSlocallawMay 28, 1998 2:04pm written, bona fide, recorded lease for a term of more than 35 years, the property shall be deemed "owned" by the person(s)or entity(ies) holding at least a 51%interest as tenant in such lease.Property is also "owned"by an entity which holds 100% of the issued and outstanding shares of a corporation which is the fee title holder to at least a 51%interest in the property. 11.Amendment of Zoning Map.The official zoning map of the Town of Ithaca is hereby amended by adding this Special Land Use District in the area described above. 12.Invalidity of Portion of Local Law.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. 13.Effective Date.This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State,whichever is later. Cor-chiLwat,wp5IMtK^ocallaw May 28, 1998 2:05pm Schedule "A" Description of SLUD for Cornell University Chilled Water Plant Town of Ithaca ALL THAT TRACT OR PARCEL OF LAND,situate in the Town of Ithaca,County of Tompkins and State of New York, more particularly bounded and described as follows: BEGINNING at a point in the easterly highway line of East Shore Drive (see Highway Appropriation C.H.No. 1330Map, No. 1.3), at a pointlocatedNorth25 degrees 57 minutes 42 seconds West,a distance of 357.47 feet from a pin with cap set at the northwesterly comer of premisesnow or formerly of Lowery (Liber 512 at page 771);and RUNNING THENCE along said easterly highway line North 25 degrees 57 minutes 42 seconds West,a distance of 270.00 feet to a concrete highway monument;and RUNNING THENCE North 01 degrees 52 minutes 26 seconds East, a distance of 51.00 feet to a concrete highway monument; and RUNNING THENCE North 43 degrees 22 minutes 38 seconds West, a distance of 78.50 feet to a pin with cap set in the easterly line of said highway at the northem extreme of a triangular Highway Appropriation (see C.H.No.1330 Map,No.1.2)bounded by this and the previous course;and RUNNING THENCE North 26 degrees 02 minutes 59 seconds West, a distance of 152.44 feet to a pointin the easterly line of said highway; and RUNNING THENCE North 85 degrees 49 minutes 58 seconds East, a distance of 345.95 feet to a point in the easterly line of the Town of Ithaca and westerly line of the Village of Cayuga Heights;and RUNNING THENCE South 23 degrees 04 minutes 18 seconds East,a distance of 264.78 feet along the said corporation line of the Village of Cayuga Heights and the line of the Townof Ithaca, to a point; and RUNNING THENCE South 32 degrees 45 minutes 11 seconds West, a distance of 112.96 feet to a po;intwith a monument found 6.6 feet southwesterly thereof;and RUNNING THENCE South 11 degrees 03 minutes 04 seconds East, a distance of 104.00 feet to a pointwith a monument found 1.0 feet southerly thereof;and 10 Cor-chiLwat,wpSlMth^ocallaw May 28, 19982:04pm RUNNING THENCE South 73 degrees 14 minutes 16 seconds West, a distance of 97.86 feet to a point;and RUNNING THENCE South 60 degrees 05 minutes 46 seconds West,a distance of 88.27 feet, to the point or place of beginning. Containing 3.12 acres,be the same more or less. Being a portion of the lands of Noah's Boat Club, Inc., described in a deed to it recorded in Book 555 of Deeds at page 126. 11