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Home My WebLink AboutLL 01 of 2012 Longview PDZ Amendments TOWN OF ITHACA LOCAL LAW NO. 1 OF THE YEAR 2012 A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE, TITLED ZONING: SPECIAL LAND USE DISTRICTS, TO ADD ADDITIONAL PARCEL TO ITHACARE'S PLANNED DEVELOPMENT ZONE NO. 7,AUTHORIZE USE OF PARCEL FOR ADULT INDEPENDENT LIVING DUPLEXES,AND REVISE RESTRICTIONS ON OCCUPANCY Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 271, Section 271-8 of the Town of Ithaca Code, entitled"Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)", subsection B is amended as follows: A. Place the existing text in subparagraph (1) into a new subparagraph (1)(a) and add the words "Parcel 1:" at the beginning of subparagraph(1)(a), so that this text reads as follows: "(1) (a) Parcel 1: One multiple-family dwelling consisting of at least 40 dwelling units and up to 193 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 congregate residential care, including independent, assisted-living and nursing home accommodations. Each dwelling unit in said multiple-family dwelling may be occupied by no more than two persons, related or otherwise." B. Add a new subparagraph (1)(b) reading as follows: "(b) Parcel 2: Up to 11 single story detached residential duplex buildings containing up to 22 dwelling units in the aggregate for the provision of independent living accommodations. Each dwelling unit may be occupied by no more than two persons, related or otherwise." C. In subparagraph (2), add the words "on Parcel 1 and Parcel 2" after"Subject to special approval and site plan approval by the Planning Board the following accessory uses are permitted", so that this phrase reads as follows: "(2) Subject to special approval and site plan approval by the Planning Board the following accessory uses are permitted on Parcel 1 and Parcel 2:" Section 2. Chapter 271, Section 271-8 of the Town of Ithaca Code, entitled "Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)", subsection C is amended by adding 01/09/2012 1 the words "for Parcel 1, and a High Density Residential Zone for Parcel 2," after the words "Medium Density Residential Zone" so that subsection C reads as follows: "C. 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 Medium Density Residential Zone for Parcel 1, and a High Density Residential Zone for Parcel 2, except as the same may be specifically modified by the terms of this section." Section 3. Chapter 271, Section 271-8 of the Town of Ithaca Code, entitled"Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)", subsection D is amended as follows: A. In the second to last sentence of subparagraph (3), replace the phrase "607 feet above City of Ithaca datum"with the phrase "988.56 feet above mean sea level". B. Delete subparagraph (5) and replace it with a new subparagraph(5) reading as follows: "(5) Each dwelling unit in this Planned Development Zone No. 7 shall be occupied by at least one adult requiring supportive services provided by the owner." C. Delete subparagraph (6) and replace it with a new subparagraph (6) reading as follows: "(6) There shall be no subdivision of Parcel 1 or Parcel 2 contained in Planned Development Zone No. 7." D. Delete the first sentence of subparagraph(7) and replace it with a new sentence reading as follows: "There shall be provided at least two parking spaces for every three dwelling units on Parcel 1, and at least one parking space for every dwelling unit on Parcel 2, except that the Planning Board may reduce the required number of spaces on Parcel 1 by no more than 20% in accordance with the criteria set forth in Chapter 270, § 270-227, of the Town of Ithaca Code." E. Add a new subparagraph 8 reading as follows: "(8) No permits for construction of any of the duplexes shall be issued until water easements for the benefit of the Town for public water mains running from presently existing public water mains on Route 96B to the locations of the proposed distribution points to the duplexes as shown on the final approved site plan are obtained in a form acceptable to the Town of Ithaca from the owner of the lands over which said public water mains 01/09/2012 2 must run, and the same are recorded in the Tompkins County Clerk's Office." Section 4. Chapter 271, Section 271-8 of the Town of Ithaca Code, entitled"Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)", subsection F is amended by deleting subsection F and replacing it with a new subsection F reading as follows: "F. The areas identified and described as Parcel 1 and Parcel 2 that are encompassed and rezoned in accordance with this section to Planned Development Zone No. 7 are 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 locations described." Section 5. Chapter 271, Section 271-8 of the Town of Ithaca Code, entitled"Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)", Schedule A is amended as follows: A. Add the heading "Parcel 1" immediately before the existing property description in Schedule A. B. Add the following text at the end of Schedule A: "Parcel 2 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York bounded and described as follows: BEGINNING at an iron pin set in the westerly line of NYS Route 96B (a/k/a Danby Road) said pin being 36.4±feet westerly from a point in the center line of NYS Route 96B (a/k/a Danby Road)which point is 181± feet north of the intersection of the center line of NYS Route 96B (a/k/a Danby Road) with the center line of Vista Lane; proceeding Thence North 83° 11' 07"West along the northerly line of premises reputedly now or formerly of L. Martin Bowman (Liber 784 of Deeds at Page 149) a distance of 590.32 feet to an existing iron pipe; proceeding Thence North 84° 50' 38"West along the northerly line of premises reputedly now or formerly of Margaret M. Rumsey(Liber 619 of Deeds at Page 147) a distance of 249.72 feet to an existing iron pipe; proceeding Thence North 05° 51' 08"East along the easterly line of premises reputedly now or formerly of Robert E. Cofer III (Liber 611 of Deeds at Page 160) a distance of 426.47 feet to an existing iron pipe; proceeding 01/09/2012 3 Thence South 83° 26' 05"East along a southerly line of premises now or formerly of Ithacare Center Service Co. (Liber 794 of Deeds at Page 235) a distance of 507.20 feet to an existing iron pipe; Thence South I 1' 37' 53"West along the westerly line of premises reputedly now or formerly of John M. Kelly(Liber 693 of Deeds at Page 255) a distance of 140.0 feet to a set iron pin and passing through an iron pipe at 99.81 feet; proceeding Thence South 83° 26' 05"East along the south line of said Kelly premises a distance of 153.92 feet to a set iron pin; proceeding Thence South 09° 44' 49"West along the westerly line of premises marked as Parcel B on the survey map referenced below a distance of 207.82 feet to a set iron pin; proceeding Thence South 83° 11' 07"East along the southerly line of said Parcel B a distance of 212.22 feet to an iron pin set in the westerly highway line of NYS Route 96B (a/k/a Danby Road); proceeding Thence South 09° 44' 49"West along the westerly highway line of NYS Route 96B (a/k/a Danby Road) a distance of 75.10 feet to the iron pin set at the point or place of beginning, containing 6.101 acres of land. Reference is hereby made to a survey map incorporated herein by reference entitled"Subdivision Map,No. 1006 Danby Road, Town of Ithaca, Tompkins County,New York" dated March 28, 2000, said map was filed in the Tompkins County Clerk's Office on September 25, 2000 in Map Drawer PP Page 77. The above described parcel is shown as Parcel A on said survey map." Section 6. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 7. This local law shall take effect immediately upon filing with the New York Secretary of State. 01/09/2012 4