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HomeMy WebLinkAboutLL 01 of 1994 SLUD Ithacare TOWN OF ITHACA LOCAL LAW NO. 1 OF 1994 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) FOR THE ITHACARE SENIOR LIVING COMMUNITY ON DANBY ROAD OWNED BY ITHACARE CENTER SERVICES, INC. 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. Article 2, 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. 7". 2. The uses permitted in Special Land Use District No. 7 are: (a) One multiple-family dwelling consisting of at least 40 dwelling units and up to 160 dwelling units aggregated with central dining, kitchen, activity, administration, and maintenance areas, and other related community service space, such multiple-family dwelling being intended to provide assisted living accommodations. Each dwelling unit in said multiple-family dwelling may be occupied by no more than two persons, related or otherwise. (b) Subject to special approval and 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, pavilions, gazebos, and other similar small buildings provided that no single building exceeds more than 200 square feet in size and provided further that the size and location of each such building is approved by the Planning Board. (iii) Common recreational areas including walkways, 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. 2 4. In addition to the requirements and restrictions imposed by the Town of Ithaca Zoning Ordinance, the area being rezoned to Special Land Use District No. 7 shall be subject to the following conditions: (a) The exterior design, specifications, and plans for all buildings and other improvements to be constructed on the premises and 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 whether or 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 IX 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) Notwithstanding any provision of the Town of Ithaca Zoning Ordinance to the contrary, in Special Land Use District No. 7, no building shall be erected, altered, or extended to exceed 34 feet in height from the lowest interior grade or 30 feet in height from the lowest exterior grade, whichever is lower, except, however, that the one multi-family dwelling permitted pursuant to paragraph 2(a) above may exceed said height limitations provided such building is constructed substantially in accordance with the elevations and plans denominated "Schematic Sections and Elevations" (Drawing LS-3) made by L. Robert Kimball Associates, dated December 10, 1993, a copy of which is on file with the Town of Ithaca Planning Department. The heights shown on said plans shall constitute the maximum heights permitted for such building. Notwithstanding the foregoing, under no circumstances shall the highest point on the building exceed an elevation of 607 feet above City of Ithaca datum. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. (d) Except as specifically provided for herein any construction for which a permit is granted shall comply with all applicable laws, codes, ordinances, rules and regulations. (e) The dwelling units in this Special Land Use District No. 7 shall be occupied by persons over the age of 54 years requiring assisted living accommodations, except that adult persons under 55 years of age may reside in the units if because of disabling conditions said adult persons require the services provided by the owner, provided that no more than ten per cent (10%) of the occupants of the facility are under the age of 55. (f) All of the area rezoned pursuant to this local law shall be owned by the same party and there shall be no subdivision of the area contained in Special Land Use District No. 7. 3 (g) There shall be provided at least 2 parking spaces for every three dwelling units, except that the Planning Board may reduce the required number of spaces by no more than 20% 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 ((Drawing LS-2) made by L. Robert Kimball Associates dated October 4, 1993, a copy of which is on file at the Town of Ithaca Planning Department), submitted to the Town board shall be submitted to and be approved by the Town 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. 6. The area encompassed and rezoned in accordance with this local law to Special Land Use District No. 7 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. 7. Any violations of the terms of this local law shall constitute a violation of the Town of Ithaca Zoning Ordinance and shall be punishable as set forth in said ordinance 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 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. 8. In the event that any portion of this 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. 9. This law shall take effect 10 days after its publication. 4 SCHEDULE A DESCRIPTION OF PROPERTY TO BE REZONED TO SPECIAL LAND USE DISTRICT NO. 7 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, bounded and described as follows: BEGINNING at an iron pin set at the intersection of the westerly highway line of the State of New York as appropriated for the Ithaca-Danby State Highway No. 5043 and delineated on Map 15 Parcel 22 and recorded in the Tompkins County Clerk's Office with the northerly line of lands reputedly of John M. Kelly as described in Liber 693 of Deeds at Page 255, said pin being located a perpendicular distance from the present center line of the Danby Road, State Highway Route No.96B of 110.0 feet and is located 7.7 feet northerly from a granite highway monument found; Running thence westerly an average bearing of north 83 degrees 26 minutes 05 seconds west along the northerly line of lands reputedly of Kelly, reputedly of Payne as described in Liber 340 of Deeds at Page 365 and Liber 368 of Deeds at Page 371, and continuing along the lands reputedly of Cofer as described in Liber 611 of Deeds at Page 160, for a distance of 1,434.92 feet to an iron pipe found, said iron pipe marks the northeasterly corner of lands reputedly of Turk as described in Liber 458 of Deeds at Page 522; Running thence north an average bearing of north 04 degrees 26 minutes 55 seconds east along the easterly line of lands reputedly of Berggren as described in Liber 624 of Deeds at Page 79 and continuing along lands reputedly of Puerta as described in Liber 577 of Deeds at Page 613 and continuing along the lands reputedly of Goodloe as described in Liber 656 of Deeds at Page 590, for a distance of 714.42 feet to an existing iron pipe, said iron pipe marks the northeasterly corner of lands of Goodloe; Running thence north 89 degrees 57 minutes 24 seconds east along a proposed new division line through the lands of Ithaca College for a distance of 1,375.48 feet to an iron pin set; Running thence south 78 degrees 28 minutes 05 seconds east and continuing through the lands of Ithaca College for a distance of 230.0 feet to an iron pin set in the westerly highway line of New York State Route 96B, Danby Road; Running thence south 11 degrees 31 minutes 55 seconds west along the westerly highway line of New York State Route 96B, the Danby Road for a distance of 525.0 feet to an iron pin set, said iron pin marks the northeasterly corner of the scenic overview area as appropriated by the State of New York; Running thence north 78 degrees 33 minutes 31 seconds west along the northerly line of the scenic overview area for a distance of 60.0 feet to an iron pin set; 5 Running thence south 11 degrees 30 minutes 40 seconds west along the westerly line of the scenic overview area for a distance of 335.64 feet to an iron pin set, the point and place of beginning. Said parcel contains 28.010 acres of land to the highway line.