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
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(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.
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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.
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(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
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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
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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
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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.
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(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,
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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.
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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
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(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.
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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.
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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.
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