HomeMy WebLinkAboutLL 11 of 2011 PDZ #14 Ithaca Beer TOWN OF ITHACA
LOCAL LAW NO.11 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 ITHACA BEER COMPANY ON ROUTE 13
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. 14-In accordance with and pursuant to Local Law No.
11 of 2011 [Ithaca Beer Company]"
Section 2. Chapter 271 of the Town of Ithaca Code is hereby amended by adding Section 271-15,
entitled"Planned Development Zone No. 14(Limited Mixed Use, Ithaca Beer Company)", as follows:
"§271-14. Planned Development Zone No. 14(Limited Mixed Use, Ithaca Beer Company)
A. Findings.
(1) The Town of Ithaca's Comprehensive Plan(the"Plan")encourages the
development of a wide variety of employment opportunities for residents,and
supports the continued vitality of existing employers by ensuring that there is
adequate and suitable space available.
(2) The Plan calls for a limited number of small-scale,neighborhood-oriented
commercial areas which are safe and attractive,set back from public highways,
have good circulation and access,are well-landscaped(to provide buffering,
shade,and character)and located so as to meet present and anticipated
neighborhood needs while not adversely affecting surrounding neighborhoods,
and of an architectural design that enhances their neighborhoods.
(3) The Ithaca Beer Company("IBC")proposes to develop and locate an expanded
brewery,welcome center,and restaurant with an outdoor patio and garden,
together with recreation areas,on a 12.52 acre area of land located a short
distance from the current brewery location on Route 13.
(4) On June 21,2011,the Planning Board recommended the adoption of this section,
issued a preliminary subdivision approval,and approved a preliminary site plan for
Planned Development Zone No. 14,as shown on documents with a cover sheet titled
"Ithaca Beer Company,Inc.,Mancini Drive,Town of Ithaca,Tompkins County,New
York,Preliminary Site Plan Review,"and dated May 20,2011,said documents
prepared by T.G.Miller,P.C.,and by Mari Mitchell(the latter's documents are denoted
as"Drawn by MM")..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
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Planned Development Zone and are on file at the Town of Ithaca Planning
Department.
B. Purpose. It is the purpose and intent of this section to allow,by creation of a Planned
Development Zone,an opportunity for the implementation of the foregoing goals and
objectives.
C. 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. 14:
(1) Any use permitted in a Low Density Residential Zone.
(2) The operation of a brewery,welcome center and retail store,and restaurant with a
building area not to exceed 65,000 sq.ft.
(3) The operation of special events such as festivals and music series, subject to or
upon the issuance of any permits required.
(4) 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. 14.
(5) A roadside stand or other structure,not exceeding 3,000 sq.ft.of enclosed space,for
the display and sale of farm or nursery products.
E. Permitted accessory buildings and uses.The following accessory buildings or uses are
permitted as of right in Planned Development Zone No. 14:
(1) Solar collectors, subject to the provisions of§ 270-219.1 of the Town of Ithaca
Code.
(2) Stage,bandshell,and related structure with a building area not to exceed 2,500 square
feet.
(3) Three(3)additional outbuildings not to exceed an aggregate of 10,000 sq. ft. of
building area to be used for grain storage,vehicle storage,and/or workshop.
(4) Signs, subject to the following:
(a) Permanent,not self-illuminated entrance-exit and directional signs;
(b) Permanent,not self-illuminated street identification,traffic and other
governmental signs and control devices;
(c) A total of two(2)permanent freestanding signs located within Planned
Development Zone No. 14 at the entrances from the public roads(NYS
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Routes 13 and 13A),each sign not to exceed 30 square feet in area and with
a height not to exceed eight(8)feet;
(d) One(1)permanent freestanding sign at the driveway entrance to the facility,
not to exceed 30 square feet in area,and with a height not to exceed six(6)
feet;
(e) One(1)wall sign,not to exceed 40 square feet in area;
(f) Any other signs approved in advance by the Town Planning Board as part of
final site plan approval;
(g) All signs must comply with Chapter 173,titled"Lighting,Outdoor," of the
Town of Ithaca Code;
(h) All signs must be approved in advance by the Town Planning Board as
part of final site plan approval; and
(i) Except for"a"and"b"above,no sign shall be erected,moved, or altered
unless a sign permit for such work has been obtained,if a sign permit is
required by Chapter 221, Signs, of the Town of Ithaca Code.
(5) Silos for grain storage not to exceed five(5)in number.
(6) Accessory buildings such as gazebos, or other small structures such as play
structures,clearly ancillary and related to the operations in Planned Development
Zone No. 14 and subject to all other provisions of this section.
(7) Small wind energy facilities, subject to the provisions of§ 270-219.4 of the
Town of Ithaca Code,except the total number of wind energy towers in
Planned Development Zone No. 14 shall not exceed that shown in any final
site plan and design drawings approved by the Planning Board.
F. Yard regulations. The minimum distance between buildings shall be in compliance with the
New York State Uniform Fire Prevention and Building Code. The brewery building shall
have a minimum setback from adjacent property lines of not less than 60 feet; other
buildings shall have a minimum setback from adjacent property lines of not less than 30
feet; and parking areas shall have a minimum clearance or setback from adjacent property
lines of not less than 25 feet.
G. Height regulations. The building containing the brewery,restaurant,welcome center, and
retail store shall not exceed 40 feet in height from lowest exterior grade. No other building
shall exceed 38 feet in height from lowest interior grade nor 36 feet in height from lowest
exterior grade. Structures other than a building shall not exceed 30 feet in height, except for
grain silos,which shall not exceed 40 feet in height from lowest exterior grade,nor twelve
(12)feet in diameter.
H. Building area. The maximum building area shall not exceed 30%of the area of Planned
Development Zone No. 14. Projections described in Section 270-224 are not to be included
in computing the percentage.
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I. Minimum usable open space. Minimum usable open space shall not be less than 30%of
the area of Planned Development Zone No. 14. For this purpose"usable open space"shall
mean that portion of the area of Planned Development Zone No. 14 not covered by any
structure(including driveways),and generally intended to be occupied by suitable
vegetation or landscaping.
J. Parking. The first phase construction of approximately 15,000 sq. ft. shall require a
minimum of 78 parking spaces and not more than 100 with number to be determined by
the Planning Board based on parking needs for all reasonable uses or occupancy of the
project Additional parking for additional construction shall be determined through site
plan review with reference to Section 270-227 of the Town of Ithaca Code.
K. Building permits and site plan approval.
(1) In accordance with the provisions of Chapter 270,Zoning, of the Town of Ithaca
Code,a final site plan application shall be submitted to and approved by the Town
of Ithaca Planning Board before issuance of any building permits.
(2) Any revisions to the preliminary site plan that do not meet the criteria set forth in
subparagraph 3 below shall be submitted to and be approved by the Town Board
before issuance of any building permits.
(3) The Planning Board is authorized to permit modifications of the preliminary site plan
in granting final approvals 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 No. 14;
and
(b) The modifications are in accordance with the provisions of this section and
other provisions of Chapter 270,Zoning, of the Town of Ithaca Code.
(4) 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 building permit requirements specified
elsewhere in this section, such permits shall not be issued unless and until the
design, specifications,and plans for the buildings and all other improvements to be
constructed in Planned Development Zone No. 14 and construction of all outside
facilities including lighting and signs shall have been shown on the final site plan,
and any construction hereafter shall be in accordance with said site plan as finally
approved.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.
(5) Any subdivision of Planned Development Zone No. 14 shall comply with the
requirements of Chapter 234, Subdivision of Land, of the Town of Ithaca
Code.
L. 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
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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.
M. 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. 14 unless, at the time of the
issuance of such permit, all stormwater management facilities that serve the
development have been constructed pursuant to the approved stormwater
management plan, except for those facilities that are to be built after construction
is commenced as specified in the stormwater management sequencing plan. The
owners of Planned Development Zone No. 14 shall properly maintain all of the
stormwater management facilities that serve Planned Development Zone No. 14.
Maintenance of these stormwater management facilities shall be pursuant to a
separate agreement between the Town and the property owners.
(2) No certificates of occupancy shall be issued for structures unless and until:
(a) Water meters are installed by the owners of Planned Development Zone
No. 14 at the owners' expense at the distribution points where the
development's private lines will intersect the public water mains,for
purposes of metering consumption within Planned Development Zone
No. 14 in accordance with the water supply requirements of the Town of
Ithaca, Southern Cayuga Lake Intermunicipal Water Commission, and
any other relevant municipal agency; and
(b) All private water and sewer mains serving Planned Development Zone
No. 14 have been built by the owners of Planned Development Zone No.
14 at the owners' 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.
N. Prohibition of placement of land within county agricultural district. The provisions of this
section and other applicable sections of the Town of Ithaca Code will prevent development
in Planned Development Zone No. 14 from negatively impacting neighboring properties
and the community. To assure the applicability of this section and the Town of Ithaca Code
to Planned Development Zone No. 14,and as a condition of rezoning the property in
Schedule A to Planned Development Zone No. 14,none of the property within Planned
Development Zone No. 14 shall be placed within a county agricultural district created
under the provisions of Article 25-AA of the New York State Agriculture and Markets
Law. If this condition is violated,the reversion provision of paragraph 0(3)below shall
apply.
O. 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
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two 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. 14 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;
(b) construction equipment and tools consistent with the size of the proposed
work have been brought to and been used on the site; and
(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.
(3) If any of the property within Planned Development Zone No. 14 is placed within
a county agricultural district created under the provisions of Article 25-AA of the
New York State Agriculture and Markets Law,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. 14 by this
section.
P. 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 owners of the parcels covered by
this section fails to comply with any of the provisions hereof.
Q. 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
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occupancy,and/or prevent the occupancy of said building or land.
R. Except as otherwise specified in this section, all provisions of the Town of Ithaca Code
shall apply to all development,structures and uses in Planned Development Zone No. 14.
S. Area rezoned. The area encompassed and rezoned in accordance with this section to be
Planned Development Zone No. 14 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.
Schedule A
Description of Area Rezoned Planned Development Zone No. 14
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 point marked by an iron pipe found marking the intersection of the north
highway line of Elmira Road with the west line of a private roadway commonly known as
Mancini Road, said point also being the southwest corner of lands of Yunis Realty,Inc. as
described in Liber 498/235,also being known as Town of Ithaca tax map 33-3-2.1;
1. RUNNING THENCE North 34°04' 05"West for a distance of 467.60 feet to an iron pin found;
2. RUNNING THENCE North 56°23' 35"East for a distance of 60.29 feet to a point;
3. RUNNING THENCE along a curve to the left, an arc distance of 91.70 feet to an iron pin set,
said course having a radius of 180 feet and a chord tie of North 41°47' 40"East 90.71 feet;
4. RUNNING THENCE North 27° 12' 02"East for a distance of 27.30 feet to an iron pin set;
5. RUNNING THENCE along a curve to the right an arc distance of 85.31 feet to an iron pin set,
said course having a radius of 140.00 feet and a chord tie of North 44°39' 29"East 84.00 feet;
6. RUNNING THENCE North 62°06' 57"East for a distance of 171.98 feet to an iron pin set;
7. RUNNING THENCE North 58°20' 32"East for a distance of 54.38 feet to an iron pin found;
8. RUNNING THENCE North 66°05' 20"East for a distance of 266.70 feet to an iron pin found;
9. RUNNING THENCE North 57°41' 42"East for a distance of 161.14 feet to an iron pin found;
10. RUNNING THENCE North 63° 18' 49"East for a distance of 150.00 feet to an iron pin set,
said previous ten(10)courses being along the street line limits of a private roadway known as
Mancini Drive and Mancini Road;
RUNNING THENCE North 11°32' 56"East along the west line of New York State Route 13A
for a distance of 16.60 feet to a point;
RUNNING THENCE North 08°43' 40"East along the west line of New York State Route 13A
for a distance of 57.62 feet to a pin found;
RUNNING THENCE South 63° 18' 49"West along the north line of a private drive known as
Mancini Drive for a distance of 5 90.10 feet to an iron pipe found;
RUNNING THENCE North 00°56' 34"West for a distance of 250.20 feet to an iron pipe found;
RUNNING THENCE South 580 57' 58"West for a distance of 153.48 feet to a point;
RUNNING THENCE North 31°02' 17"West for a distance of 260.01 feet to an iron pin set;
RUNNING THENCE North 35°41' 12"East for a distance of 210.66 feet to an iron pin set;
RUNNING THENCE North 83°35' 16"West for a distance of 508.59 feet to an iron pin set;
RUNNING THENCE South 42°35' 16"West for a distance of 552.69 feet to an iron pin set;
RUNNING THENCE South 33°39' 47"East for a distance of 549.96 feet to an iron pin found;
RUNNING THENCE North 56°23' 19"East for a distance of 150.00 feet to a point;
RUNNING THENCE North 33°40' 45"West for a distance of 46.03 feet to an iron pin found;
Adopted 8-8-2011 7
RUNNING THENCE North 33'40' 45"West for a distance of 64.24 feet to an iron pin set;
RUNNING THENCE North 58°57' 58"East for a distance of 510.56 feet to an iron pin set;
RUNNING THENCE South 310 02' 01"East for a distance of 64.17 feet to an iron pin found;
RUNNING THENCE South 31°02' 01"East for a distance of 217.44 feet to an iron pin found;
1. RUNNING THENCE South 62°06' 57"West for a distance of 170.00 feet to an iron pin set;
2. RUNNING THENCE along a curve to the left an arc distance of 121.88 feet, said course having a
radius of 200.00 feet and a chord tie of South 44°39' 29"West 120.00 feet to an iron pin set;
3. RUNNING THENCE South 27° 12' 02"West for a distance of 27.30 feet to an iron pin set;
4. RUNNING THENCE on a curve to the right, an arc distance of 61.13 feet, said course having a
radius of 120.00 feet and a chord tie of South 410 47' 40"West 60.47 feet to an iron pin set;
5. RUNNING THENCE South 56°23' 19"West for a distance of 128.04 feet to an iron pipe found;
6. RUNNING THENCE South 490 49' 33"East for a distance of 62.48 feet to a point;
7. RUNNING THENCE South 340 04' 05"East for a distance of 464.95 feet to a point on the north
line of Elmira Road;
Said previous seven(7)courses being along the street line limits of a private roadway known as
Mancini Drive and Mancini Road;
RUNNING THENCE North 590 24' 14"East along the north line of Elmira Road for a distance
of 50.33 feet to the point and place of beginning.
Said parcel containing 12.520 acres."
Section 3. 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.This local law shall take effect immediately upon its filing with the New York Secretary of
State.
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