HomeMy WebLinkAboutLL 07 of 2012 Conifer Senior Living Rezoning TOWN OF ITHACA
LOCAL LAW NO. 7 FOR THE YEAR 2012
A Local Law Amending Chapter 270 of the Code of the Town of Ithaca to Rezone a
Portion of Tax Parcel No. 24.00-04-05.2 Located off of N.Y.S. Route 96 from
Medium Density Residential to Multiple Residence
(Conifer West Hill Senior Housing Development)
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1: Chapter 270, entitled"Zoning," of the Code of the Town of Ithaca
(the "Code"), is hereby amended as follows:
1. Rezoning: The zoning map dated April 1, 2004, revised December 12,
2006, as amended to date, is hereby further amended by rezoning the lands
described on Schedule A incorporated into this local law from Medium Density
Residential to Multiple Residence.
2. Additional Conditions: The area being so rezoned to Multiple Residence
is subject, in addition to the conditions, restrictions, and limitations set forth in the
Code relating to Multiple Residence Zones generally and any other limitations and
restrictions, to the following additional conditions.
a. Maximum Number of Units: A maximum of 72 apartment dwelling units
shall be located on the property being rezoned by this local law, which
dwelling units shall be contained in one or more multiple residence
buildings.
b. Conformance to Plan: The construction in the rezoned area shall be
substantially in accordance with the Site Plan entitled Conifer West Hill
Senior Housing Development, Sheet No. 1 of 8, dated December 2011 and
last revised March 2, 2012, a copy of which is on file with the Town of
Ithaca Planning Department, with only such changes therein as may be
approved by the Planning Board, such construction to consist essentially of
the construction of one or more buildings containing a mixture of one and
two bedroom units,with the aggregate not exceeding 72 units.
C. Low Income Housing: In accordance with the application seeking
rezoning of the property, the proposed dwelling units will be limited in the
amount of rent charged for the same in accordance with the following
provisions:
(i) Income Restrictions and Duration: For a minimum period of(30)
thirty years beginning with the issuance of the certificate of
occupancy for the senior housing building, the proposed dwelling
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units shall serve low to moderate income tenants. The units shall
be restricted to serving households at or below 90% of the Area
Median Income as defined by the U.S. Department of Housing and
Urban Development. In accordance with these income restrictions,
the project and developer shall comply with the Federal Low
Income Housing Tax Credit Program and its provisions in Section
42 of the Internal Revenue Code and all corresponding applicable
regulations of the Internal Revenue Service. The project shall also
comply with all applicable enforcement and oversight as
administered by the New York State Division of Housing and
Community Renewal and the State Low Income Housing Tax
Credit program (codified at Article 2-A of the New York Public
Housing Law), if the developer so chooses to use that program for
financing.
(ii) Certification to Town: Every three years and more frequently if
requested by the Town, for so long as the project is required to
provide housing for low income and moderate income tenants, the
owner shall provide to the Town a certification of compliance with
the tenant income requirements of this local law,which
certification shall be in form and substance reasonably satisfactory
to the Town(subject to maintenance of confidentiality of personal
information in compliance with relevant laws) and which may
include a rent roll indicating for each apartment name(s) of the
tenant(s), duration of lease,period of occupancy, tenant's gross
household income, utility cost and rent paid.
(iii) Audit: For so long as the project is required to provide housing for
low income and moderate income tenants, the Town shall have the
authority(but not the obligation) to audit the certifications of the
owner to determine compliance with the tenant income provisions
of this local law(subject to maintenance of confidentiality of
personal information in compliance with relevant laws). Such
audit may be conducted by Town personnel or by consultants or
others selected by the Town. If the audit discloses a material
breach of the tenant income provisions of this local law,without
limiting any other remedies available to the Town, the reasonable
expense of the audit shall be paid by the owner to the Town within
ten days of demand for same by the Town.
d. Subdivision Prohibited: The area being rezoned to multiple residence
shall be owned in its entirety by the same individual or entity and shall not
be subdivided or converted to condominium units, cooperative units, or
any other form of multiple ownership without the approval of the Town
Board and approval of any related site plan by the Town Planning Board.
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e. Occupancy Restriction: Occupancy will be restricted to households
whereby at least one member of the household is 55 years of age or older.
f. Incorporation into Deed Restrictions: The Additional Conditions
provisions in this local law set forth above and such additional covenants
and restrictions as the Town may reasonably require shall be incorporated
into restrictive covenants which shall be in form and substance reasonably
satisfactory to the Town Board and the attorney for the Town, and which
restrictive covenants shall be recorded in the Tompkins County Clerk's
Office and shall specifically cover the premises being rezoned to Multiple
Residence Zone pursuant to this local law. Such recording shall occur
prior to the issuance of any building permit for any construction in the
project.
g. Stormwater Management Facilities. All stormwater management facilities
that serve the project must be constructed pursuant to the approved
stormwater management plan. These facilities shall be built at the onset of
any construction activities, as specified, in the stormwater management
sequencing plan. No building permits for structures other than stormwater
facilities shall be issued until all stormwater facilities are constructed. The
owner of the property being rezoned to multiple residence shall properly
maintain all of the stormwater management facilities that serve the
property unless they are located in a Town of Ithaca right-of-way.
Maintenance of all stormwater management facilities shall be pursuant to a
separate agreement between the Town and the property owner.
h. Final Site Plan: After adoption of this local law, and prior to the issuance
of any building permits, a Final Site Plan shall be submitted to and
approved by the Planning Board, such plan to include appropriate planting
plans, buffering to adjoining properties, and other items required by the
site plan sections of the Zoning Ordinance and by the Planning Board
regarding site plan approval.
i. Revisions to Site Plan: Any significant revisions to the preliminary site
plan submitted to the Town Board in connection with the adoption of this
local law shall be submitted to and be approved by the Town Board before
issuance of any building permits for the Multiple Residence Zone are
issued.
j. Modification of Final Site Plan. Any change in the site plan as finally
approved by the Planning Board(and Town Board, if applicable) shall not
be made until an application for a modification of site plan is provided to
and approved by the Planning Board pursuant to Section 270-191 of the
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Code. Site plan modifications are not required for those items listed in
Chapter 270, Zoning, § 270-191 of the Code as not requiring Planning
Board approval of a site plan modification.
k. Building Permits. Building permits shall be required for any construction
except as otherwise provided by Chapter 125, Building Construction and
Fire Prevention, §125-4 of the Code. In addition to building permit
requirements specified elsewhere in this law, 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 the area to be
rezoned Multiple Residence shall have been shown on the final site plan.
Any construction hereafter shall be in accordance with said site plan as
finally approved.
1. Certificates of Occupancy. No certificates of occupancy shall be issued
for structures unless and until:
(i) Water meters are installed by the owner of the property being
rezoned by this local law, at the owner's expense, at the
distribution points where the development's private lines will
intersect the public water mains, for purposes of metering
consumption within the property 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
(ii) All private water and sewer mains serving the property being
rezoned by this local law have been built by the property owner at
the owner'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.
m. Code applicability. Except as otherwise specified in this local law, all
provisions of the Town Code shall apply to all development, structures and
uses in the property being rezoned by this local law.
3. Site Planning and Design Elements
a. Intent. Site planning and design standards in this local law are intended to:
(i) Promote high-quality, enduring architectural design.
(ii) Recognize that affordable housing can embody quality design.
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(iii) Foster a comfortable and pleasing relationship between residents of
this development and the built environment.
(iv) Relate buildings to human scale through materials, articulation,
architectural elements,proportion and scale.
(v) Advance use of durable, natural, traditional and/or environmentally
sustainable building materials.
(vi) Ensure this development is sited in the context of a traditional
neighborhood development, where it is physically and socially
integrated into what will become a larger, pedestrian-oriented
neighborhood.
(vii) Use good environmental design practice to limit social isolation.
(viii) Ensure safe and convenient access to nearby public transportation.
(ix) Establish landscaping and screening requirements that minimize
the visual impact of the development.
b. Existing zoning: Standards applicable to the Multiple Residence zone in
Town Code Chapter 270, Zoning, apply to attributes not addressed by this
local law. Where this local law imposes additional or more stringent
requirements than those required by the Multiple Residence zoning
requirements, this local law will control.
C. Building disposition. Blend grading with the natural landform as much as
possible. Minimize grading as practicable to form level pads and building
sites.
d. Vehicle parking
(i) Amount. Provide at least 96 parking spaces, inclusive of needed
handicapped parking spaces.
(ii) Location. Encourage on-site parking areas to be located behind
and on sides of the buildings. See screening requirements below
for parking on the sides of the buildings.
(iii) Topography. Utilize the natural landform as practicable to provide
parking areas.
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(iv) Landscaping.
(A) Landscape islands of 180 square feet or more must be
placed at both ends of a surface parking row. Surface
parking rows cannot extend for more than 10 spaces
without an interrupting landscape island of 180 square feet
or more. Each landscape island must include at least one
deciduous canopy tree (at least 2.5 inch diameter at breast
height("DBH") at planting, height at maturity of 40' or
higher).
(B) Where possible, integrate bio-swale or rain gardens into the
project site, landscape islands and overall landscaping
areas.
C. Architecture
(i) Form and mass. Heavier and more massive elements should be at
the building base, with lighter elements above the base.
(ii) Facades and elevations
(A) Provide human scale design elements and detailing,
including windows and window treatments, trim detailing,
exterior wall materials, and all sides of the building.
Include materials and design characteristics consistent with
those on street frontages on all sides of the building.
(B) Changes in mass should be related to entrances, the integral
structure and/or the interior space organization and
activities, and not just for cosmetic effect.
(C) Consider articulating facades with insets, porticos,
balconies, or porches related to entrances and windows.
(D) A building entry must be provided on the front of the
building, facing the street. Building entries next to a public
street,private drive or parking area must be aesthetically
pleasing. Doors, windows, entranceways, and other
features such as corners, setbacks, and offsets can be used
to create pedestrian scale.
(E) All sides of the building must have windows. Windows
should be located to maximize the possibility of occupant
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surveillance of entryways and common areas.
(iii) Materials
(A) Exterior finish materials are limited to brick, stone, natural
wood siding, fiber-cement siding and Architectural grade
vinyl.
(B) Material or color changes must only occur at a change of
plane or reveal line. Material or color changes at outside
corners of structures that give an impression of thinness and
artificiality are prohibited. Piecemeal embellishment and
frequent material changes are prohibited.
(iv) Roofs.
(A) Pitched roofs must have a slope of 5:12 or greater. Pitched
roofs for porches must have a slope of 3:12 (25%, 14°) or
greater. Pitched roofs should have well-proportioned
overhanging eaves.
(B) Roof forms must be designed to correspond and denote
building elements and functions.
(C) Shingles must be architectural grade.
(D) Porte-cocheres must include the same design elements
found on the main building.
(E) Continuous roofline plane must be 100' or less.
(v) Mechanical and utility equipment screening
(A) Rooftop mechanical equipment must be hidden or screened
with architecturally integral elements at least as high as
equipment to be screened.
(B) Ground mounted mechanical equipment must be hidden or
screened with landscaping.
(C) Mechanical equipment must be located where their
acoustics will not disrupt residents or neighbors.
(D) Electrical meters, switch boxes, panels, conduit, and related
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utility equipment must be placed in the most inconspicuous
location possible.
(E) Utility equipment must be painted or coated to match the
color of its mounting surface.
(F) Utility equipment located where the public may frequently
see them must be appropriately screened.
£ Landscaping and hardscaping
(i) Trees. Trees specified shall consist of a variety of canopy(at least
2 inch DBH at planting, height of 40 feet or more at maturity) and
understory(at least 1.5 inch DBH at planting, height of 15 to 40
feet at maturity)trees. Tree species and genera must be native or
naturalized to Central New York. Landscaping must promote
asthetic views around the building for residents, screening, shading
and the reduction of urban heat island effects. Exotic, invasive and
ash trees are not acceptable.
(ii) Shrubs required on the lot: A variety of shrubs must be planted
(range 2-5 gallon at planting), with a minimum of one per 100
square feet of permeable area adjacent to the footprint of the
building.
(iii) Tree preservation: Consider the preservation of native and
naturalized trees of 6 inches DBH or larger, located outside of
areas where impervious surface is planned. Identify and provide
details of the preservation/protection.
(iv) Sidewalks: Sidewalks must be provided throughout the site,
connecting the main building with parking areas, amenities, open
space, natural features, and the bus stop on West Hill Drive.
(v) Gathering area: A furnished porch,patio or other seasonal outdoor
communal gathering area that includes some protection from the
elements must be provided.
g. Fencing and screening
(i) Dumpster enclosures: Dumpsters and trash areas must be enclosed
by a solid screen wall (material of the same type used on the main
building) 6 feet tall, with a visually and structurally solid metal
gate.
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(ii) Parking along the side of the building must be screened from view
at the street.
h. Public frontage
(1) Sidewalk: A concrete sidewalk at least 5 feet wide must follow the
street across the entire frontage of the property. ADA-compliant
curb ramps must be placed at the curb return.
(ii) Tree lawn: A tree lawn at least 6 feet deep must separate the
sidewalk and the street. A large deciduous canopy tree (at least 2.5
inch DBH at planting, height at maturity of 35' or higher) must be
planted in the tree lawn at intervals not to exceed 40 feet.
(iii) Crosswalks: Crosswalks must be provided and clearly marked.
Section 2: Reversion. Unless work has materially commenced in accordance
with a final site plan within one year from the issuance of the building permit authorizing
such work, or within thirty-six months of the date the Planning Board gave final site plan
approval, or within four years of the effective date of this local law, whichever is earlier,
such building permit shall lapse, the site plan approval (both final and preliminary, if any)
shall expire, and the zoning change affected by this local law shall terminate and the
zoning shall revert to that in effect prior to the adoption of this local law, unless in the
interim there has been a general rezoning of the area surrounding the area being rezoned
by this local law, 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 a Multiple Residence
Zone by this local law.
The Planning Board, upon request of the applicant, after a public hearing, and upon and
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 commencement of construction
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.
For the purposes of this section, work will not have "materially commenced"unless, at a
minimum, (i) a building or site work permit issued by the Town of Ithaca, if required, has
been obtained; and (ii) construction equipment and tools consistent with the size of the
proposed work have been brought to and been used on the site; and(iii) 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.
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Section 3: Violations. Any violations of the terms of this local law shall
constitute a violation of Chapter 270 of the Town of Ithaca Code and shall be punishable
as set forth in said Code and as set forth in Section 268 of the Town Law of the State of
New York. Each week's continued violation shall constitute a separate offence.
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 the law,
including, without limitation, actions for any injunction or other equitable remedy, or
actions for damages, in the event the owner of the parcel covered by this law fails to
comply with any of the provisions hereof.
In addition, if any building or land development activity is installed or conducted
in violation of this law, the Code Enforcement Officer may withhold any building permit
or certificate of occupancy, and/or prevent the occupancy of said building or land.
Section 4: 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.
Section 5: Effective Date. This local law shall take effect immediately upon its
filing with the Secretary of State.
Schedule A
Description of Property Being Rezoned
All that tract or parcel of land situated a portion of Military Lots 48 and 87, in the Town
of Ithaca, County of Tompkins, and State of New York, more particularly described as
follows:
Commencing at the intersection of the centerline of West Hill Drive and the centerline of
Trumansburg Road(NYS Route 96); thence,
A. South 50°38'29"East, along the centerline of Trumansburg Road, a distance of
273.11 feet to a point on the division line of lands now or formerly of New York
State Electric & Gas Corporation, Tax account number 24.00-04-005.1 and lands
of now or formerly of Overlook at West Hill Housing Development Fund
Corporation, filed as instrument number 468655-002, Parcel 1, also known as
Parcel C; thence,
B. South 62°13'45"West, along said division line, a distance of 35.82' to a point on
the Southerly ROW of Trumansburg Road(N.Y.S. Route 96), said point also
being the most Northeasterly property corner of lands now or formerly of New
York State Electric & Gas Corporation, Tax account number 24.00-04-005.1, at
its intersection with the southerly property line of lands of now or formerly of
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Overlook at West Hill Housing Development Fund Corporation, filed as
instrument number 468655-002, Parcel 1, also known as Parcel C; thence,
C. South 629 3'45"West along the Northwesterly boundary line of said New York
State Electric and Gas Corporation property and other lands, a distance of 673.28
feet to the point of beginning; thence,
1. South 62°13'45"West, along the southern boundary line of said West Hill
Housing Development Fund Corporation property, a distance of 320.00 feet to a
point, said point being on the eastern property line of lands now or formerly of
Ithaca Land Holdings, LLC, filed as instrument number 468655-002; thence,
2. South 19'02'16"East, along said eastern property line, a distance of 317.50 feet
to a point; thence
3. South 02°39'15"East, along the northeastern property line of lands now or
formerly of GY Corporation, filed at Liber 665 Deeds page 808, a distance of
149.47 feet to a point; thence,
4. North 88°11'02" East, a distance of 440.58 feet to a point; thence,
5. North 19°46'57"West, a distance of 478.13 feet to a point of curvature; thence,
6. Northwesterly, along a curve to the left, having a delta of 24.50, a radius of 120.00
feet, and an arc length of 51.32 feet to a point; thence,
7. North 44°17'07"West, a distance of 69.40 feet to a point of curvature; thence,
8. Northwesterly, along a curve to the right, having a delta of 16.5 1, a radius of
180.00 feet, and an arc length of 51.88 feet to the point of beginning,
encompassing 4.796 acres, more or less.
All as shown as Lot 1 on a map, entitled"Subdivision Map, Conifer West Hill Senior
Housing Development", prepared by Passero Associates, dated December 8, 2009, last
revised April 27, 2012.
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