The URL can be used to link to this page

Home My WebLink AboutLL 05 of 2015 Amend Sterling House PDZ TOWN OF ITHACA LOCAL LAW NO. 5 OF THE YEAR 2015 A LOCAL LAW AMENDING ZONING CHAPTERS 270 AND CHAPTER 271 OF THE TOWN OF ITHACA CODE TO CHANGE THE NAME OF THE STERLING HOUSE/STERLING COTTAGE SPECIAL LAND USE DISTRICT, ALLOW A THIRD MULTIPLE FAMILY DWELLING AND ACCESSORY BUILDINGS AND USES AS OF RIGHT, AND AMEND PARKING AND SITE PLAN REQUIREMENTS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article IV (Establishment of zones) of the Town of Ithaca Code, Section 270-6 entitled "Enumeration of zones," is amended by replacing the phrase "Special Land Use District No. 10 (Limited Mixed Use)— In accordance with and pursuant to Local Law No. 6-1998 [Sterling House/Sterling Cottage]" in subdivision A with the following phrase: "Planned Development Zone No. 10 (Limited Mixed Use)—In accordance with and pursuant to Town Code§ 271-11 [Brookdale Senior Living]". Section 2. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code is hereby amended by deleting Section 271-11, titled "Special Land Use District No. 10 (Limited Mixed Use, Sterling House/Sterling Cottage," and replacing it with a new Section 271-11 titled "Planned Development Zone No. 10 (Limited Mixed Use, Brookdale Senior Living)" and reading as follows: "§ 271-11 Planned Development Zone No. 10 (Limited Mixed Use, Brookdale Senior Living) A. On June 8, 1998, by Local Law No. 6-1998, the Ithaca Town Board established Special Land Use District No. 10 (Limited Mixed Use, Sterling House/Sterling Cottage), now referred to as Planned Development Zone No. 10 (Limited Mixed Use, Brookdale Senior Living). Town of Ithaca Code § 270-6, titled "Enumeration of zones," includes Planned Development Zone No. 10 on the list of zoning districts. B. 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. C. Permitted principal uses. The following buildings or uses are permitted as of right in Planned Development Zone No. 10: (1) Three multiple-family dwellings as follows: (a) One multiple-family dwelling consisting of no more than Adopted August 10, 2015 Page 1 of 5 46 resident units with associated bath facilities which shall house no more than 53 beds, aggregated with central dining, kitchen, activity, administration, and maintenance areas, and other related community service space. (b) A second multiple-family dwelling consisting of no more than 32 resident units with 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. (c) A third multiple-family dwelling consisting of no more than 32 resident units with 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. (2) Any municipal or public utility purpose necessary to the maintenance of utility services, and any private utility purpose necessary to the maintenance of utility services primarily serving structures within Planned Development Zone No. 10. D. Permitted accessory buildings and uses. The following accessory buildings or uses are permitted as of right in Planned Development Zone No. 10: (1) Solar collectors, subject to the provisions of§ 270-219.1 of the Town of Ithaca Code. (2) Accessory buildings such as storage sheds and gazebos, clearly ancillary and related to the operations in Planned Development Zone No. 10 and subject to all other provisions of this section. (3) Signs, as regulated by Chapter 221, Signs, of the Town of Ithaca Code. In addition to the provisions that apply to all signs, the specific provisions applicable to signs located in the Medium Density Residential Zone shall apply to signs located in Planned Development Zone No. 10. (4) Off-street garage or parking spaces for the occupants, users, visitors and employees in connection with the uses specified above, but subject to the other provisions of this section. (5) Common recreational areas including walkways, sitting areas, courtyards, parks, community gardens, and other similar outdoor recreational facilities. E. Any use in this district shall be governed by all of the requirements, including side yards, setbacks, building coverage, building height, and Adopted August 10, 2015 Page 2 of 5 similar requirements, applicable to the Medium Density Residential Zone, except as the same may be specifically modified by the terms of this section. F. Consistent with the requirements and restrictions imposed by the Town of Ithaca Code, the area rezoned to Planned Development Zone No. 10 shall be subject to the following conditions: (1) Subject to subsection G below, 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 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 XXIII and § 270-188 of the Town of Ithaca Code. (2) Permits shall be required for any construction, including construction of signs and outdoor lighting facilities. (3) Any construction for which a permit is granted shall comply with this section and all other applicable laws, codes, ordinances, rules and regulations. (4) Planned Development Zone No. 10 shall 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. (5) The resident units in this Planned Development Zone No. 10 shall be occupied by adult persons requiring assisted living services or adult persons suffering from dementia, Alzheimer's disease, or other similar disabling conditions. (6) The operation of the facilities in this Planned Development Zone 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. (7) There shall be provided at least two parking spaces for every three resident units, except that the Planning Board may reduce Adopted August 10, 2015 Page 3 of 5 the required number of spaces by no more than 25% in accordance with the criteria set forth in § 270-227.A(2) of the Town of Ithaca Code. If the Planning Board permits such a reduction, the Planning Board may impose such reasonable conditions, including the conditions set forth in § 270-227.A(3). The Planning Board may also reduce the standard size of a parking space pursuant to the provisions in § 270-227.A(4). G. Modification of final site plan. Any change in the site plan as finally approved by the Town Planning Board shall not be made, and building permits for such changes shall not be issued, until an application for a modification of site plan is provided to and approved by the Town Planning Board pursuant to § 270-191 of the Town of Ithaca Code. Site plan modifications are not required for those items listed in § 270-191 of the Town of Ithaca Code as not requiring Planning Board approval of a site plan modification. H. The area encompassed by Planned Development Zone No. 10 is described on Schedule A to this section. The Official Zoning Map of the Town of Ithaca has been amended by adding such zone at the location described. I. Expiration of site plan approval. Expiration of site plan approval is regulated pursuant to Town of Ithaca Code § 270-194.C. J. Any violations of the terms of this section shall constitute a violation of the Town of Ithaca Zoning chapter and shall be punishable as set forth in said chapter 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 and its agencies 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 parcels covered by this section fails to comply with any of the provisions hereof. Schedule A DESCRIPTION OF PROPERTY REZONED TO PLANNED DEVELOPMENT ZONE NO. 10 ALL THAT CERTAIN TRACT OR PARCEL OF LAND, situated in the Town of Ithaca, County of Tompkins, and State of New York, more particularly bounded and described as follows: BEGINNING at a point at the intersection of the southwesterly line of Trumansburg Adopted August 10, 2015 Page 4 of 5 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 degrees 0 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 minutes 44 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 line of 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 Subdivision Plat" 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 file in the Town of Ithaca Planning Department." Section 3. Partial Invalidity. 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. Section 4. Effective Date. This local law shall take effect immediately upon its filing with the New York Secretary of State. Adopted August 10, 2015 Page 5 of 5