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HomeMy WebLinkAboutPB Minutes 1993-08-17FINAL FILED 1 TOWN OF ITH Date TOWN OF ITHACA PLANNING BOARD AUGUST 17, 1993 The Town of Ithaca Planning Board met in regular session on Tuesday, August 17, 1993, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia Langhans, James Ainslie, Herbert Finch, Stephen Smith, Candace Cornell, Eva Hoffmann, Floyd Forman (Town Planner), George Frantz (Assistant Town Planner), Louise Raimondo (Planner I), John Barney (Town Attorney). ALSO PRESENT: Nancy Goody, Lewis Roscoe, John Gutenberger, Shirley Egan, Larry Fabbroni, Steve Lucente, Gary Bergstrom, Libby Okihiro, Barbara Apt, Chairperson Grigorov declared the meeting duly opened at 7 :36 p.m. Chairperson Grigorov read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. There were no persons present to be heard. Chairperson Grigorov closed this segment of the meeting. AGENDA ITEM: CONSIDER INCORPORATING THE PROPOSED SPECIAL LAND USE DISTRICT INTO THE DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT (DGEIS) PREPARED BY CORNELL UNIVERSITY. Chairperson Grigorov declared the above -noted matter duly opened at 7:39 p.m. Town Planner Floyd Forman addressed the Board and stated that he wanted the Planning Board members to take a look at the SLUD legislation for any changes they felt were necessary, consider incorporating the SLUD into the GEIS, accept the document as complete, and begin to think about a public hearing. Mr. Forman stated that the SLUD has many parameters that are different that what would be required for a normal site plan approval or special approval because this was a special case in which the Town of Ithaca tried to work with Cornell University representatives to come to a general agreement of what is acceptable to all parties. (SLUD is attached hereto as Exhibit #1) Lewis Roscoe addressed the Board and stated that Cornell University had worked with the Town of Ithaca Attorney and staff and prepared the SLUD that would be printed and incorporated within the document that goes out for public review. Mr. Roscoe stated that the document is in the process of being printed, and the SLUD I- Planning Board 2 August 17, 1993 would be incorporated into the document an appendix. Mr. Roscoe stated that the document would be ready for public inspection around the beginning of September 1993. Mr. Roscoe stated that after the appropriate amount of time for public review had passed, the document would Board reaffirms be ready for a Public completeness of Hearing. the Attorney Shirley Egan addressed the Board and stated that the effort was to have categorized uses that would be permitted in the SLUD. Attorney Egan stated that Cornell would still have to go through site plan procedures and the special approval process for a broader scope of educational uses. Attorney Egan stated that the definition of the word "site" would need to be gone over again. Attorney Egan stated that the natural areas diagram would show some definition of what of the natural areas referred to throughout the DGEIS document. (Hereto Attached as Exhibit #2). Board Member Robert Kenerson stated that he thought that Cornell's original request was to be rezoned as an Institutional Zone. Town Attorney John Barney stated that an Institutional Zone would be to stated that general by rezoning for Cornell's possible to a SLUD the uses. Town and Attorney Barney Cornell University can define under which what is it can there, what can be there, be there, and what can happen the circumstances there. There being no further discussion, the Chair asked if anyone were prepared to offer a motion. MOTION by Candace Cornell, seconded by Virginia Langhans: RESOLVED, that the Special Land Use District (SLUD) be incorporated into the Draft Generic Environmental Impact Statement ( DGEIS) prepared by Cornell University and as presented to the Board at the August 17, 1993 Town of Ithaca Planning Board Meeting. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell. Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. Town Attorney John Barney stated that the Board should reaffirm the completeness of the document. MOTION by Herbert Finch, seconded by Candace Cornell. RESOLVED, that with the addition of the Draft Special Land Use District (SLUD) that this Board reaffirms the completeness of the T Planning Board 3 August 17, 1993 Draft Generic Environmental Impact Statement (DGEIS) prepared by Cornell University at the Town of Ithaca Planning Board meeting held on August 17, 19936 There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Cornell, Smith. Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. The Board decided that the Date for the Public Hearing regarding the Draft Generic Environmental Impact Study would be held on October 19, 1993 at the Women's Community Building. Town Planner Floyd Forman would call to confirm the room for said meeting. Nancy Goody, project manager for Cornell University, asked what date the Board would prefer for the close of comments regarding the DGEIS. The Board decided upon November 19, 1993, as the Date for the Public Hearing. Nancy Goody stated that they also needed an Acceptance Date regarding the Draft Generic Environmental Impact Statement. The Board decided upon September 7, 1993, as the Acceptance Date. Town Attorney ,john Barney stated that there should be a formal meeting on September 7, 1993, so that the document is in the Board Members hands on the Acceptance Date. Chairperson Grigorov noted that this was a Public Hearing and asked if anyone from the public wished to speak. No one spoke. Chairperson Grigorov declared the discussion of the incorporation of the proposed Special Land Use District (SLUD) into the Draft Generic Environmental Impact Statement (DGEIS) to be duly closed at 8:14 p.m. AGENDA ITEM. SKETCH PLAN REVIEW: PROPOSED SKETCH PLAN FOR SUBDIVISION OF BRIARWOOD II, TOWN OF ITHACA TAX PARCEL NO. 70 -10- 3.5, 26.06 + /- ACRES TOTAL, INTO 44 LOTS LOCATED BETWEEN SAPSUCKER WOODS ROAD AND PINEWOOD PLACE, WITH ACCESS FROM BIRCHWOOD DRIVE NORTH AND SOUTH AND SAPSUCKER WOODS ROAD, ROCCO LUCENTE, OWNER; STEPHEN LUCENTE, AGENT. Chairperson Grigorov declared the above -noted matter duly Planning Board 4 opened at 8:16 p.m. August 17, 1993 Larry Fabbroni addressed the Board and stated that in 1988 Briarwood Road was subdivided. Mr. Fabbroni stated that in 1990 Rocco Lucente had a wetlands delineation study completed; which encompassed the eastern lots of the subdivision. Mr. Fabbroni stated that he is before the Board for guidance with the are that is outlined in red on the map given to the Board Members. (Hereto attached as Exhibit #3) Mr. Fabbroni stated that his client is proposing a cluster subdivision, and they are here to discuss with the Planning Board the best way to develop the area. Mr. Fabbroni stated that there were forty -nine 100 by 150 foot lots laid out, and the open space for the required dedication to the Town is shown on the map. Mr. Fabbroni stated that he was seeking the Boards feelings regarding this project before getting into the costly expense of having an official delineation completed. Mr. Fabbroni stated that there was a 5.5 +/- acre wetland on the site. Town Planner Floyd Forman stated that the Board needed to look at the Lots #31, #32, and #33, is that what the Board considers acceptable for building lots. Mr. Forman asked if there were any other changes that the Board may feel would be necessary to make this development more pleasing. chairperson Grigorov noted that this discussion was open to the public and asked if anyone wished to speak. Gary Bergstrom of Birchwood Road, addressed the Board and stated that he agreed with Ms. Apt with the drainage concerns. He has seen a difference in the wetness of his land from the construction that has already taken place and is concerned that he will be getting even wetter with additional construction from this project. Libby Okihiro of Oakwood Drive, addressed the Board and stated that all of the residents in that area are concerned about the water issues. Ms. Okihiro stated that she was also concerned about the amount of traffic generated from the new development. Board Member Stephen Smith stated that he was concerned with the additional entrance onto Sapsucker Woods Road. Assistant Town Planner George Frantz stated that there was very little traffic on Sapsucker Woods Road. Mr. Frantz stated that the access would provide a second entrance to that whole area, Barbara Apt of Hanshaw Road, addressed the Board and stated that he houses in that area are not selling well and that most of the properties are wet most of the year even though big ditches were put in. Ms. Apt was also concerned with the impact on the bird sanctuary with the removal of the trees to allow for this size development to take place. Gary Bergstrom of Birchwood Road, addressed the Board and stated that he agreed with Ms. Apt with the drainage concerns. He has seen a difference in the wetness of his land from the construction that has already taken place and is concerned that he will be getting even wetter with additional construction from this project. Libby Okihiro of Oakwood Drive, addressed the Board and stated that all of the residents in that area are concerned about the water issues. Ms. Okihiro stated that she was also concerned about the amount of traffic generated from the new development. Board Member Stephen Smith stated that he was concerned with the additional entrance onto Sapsucker Woods Road. Assistant Town Planner George Frantz stated that there was very little traffic on Sapsucker Woods Road. Mr. Frantz stated that the access would provide a second entrance to that whole area, Planning Board 5 if for no other reason than emergency purposes. August 17, 1993 Board Member James Ainslie stated that the deep ditches in that area are filled with water now, and asked if they were going to be able to handle any additional water caused by more construction. Board Member Candace Cornell stated that Lots #31, #32, and #33 objectionable. Board Member Virginia Langhans stated that she felt that Lots #38 and #39 were questionable as well. Ms. Langhans asked if a fire truck would be able to get there in an emergency. Ms. Langhans also questioned the size of Lots #26 and #23. Assistant Town Planner George Frantz stated that the roadway wou:Ld be at least 20 feet wide, which would be wide enough for a fire truck to get to. Stephen Lucente stated that one of the reasons for this design was to keep the roads away from the water tower and the growth around it because it is ugly. Mr. Lucente also stated that he did not want to infringe upon the wetland if at all possible. The Board discusses the ownership of the wetlands, the upkeep of the wetland, and what the alternatives of ownership of the wetlands could be. There was no decision made regarding the wetland other than the Board did not want it to be built on. The Board also discussed having fewer larger lots. Board Member Virginia Langhans asked if Mr. Lucente would build the houses or just sell the lots individually. Mr. Lucente stated that he wanted to build the houses, but would not rule out bringing in a builder or selling the lots alone if someone were interested. Mr. Lucente stated that he wanted to make the homes more affordable. Town Attorney John Barney stated that the wetland should be excluded when calculating buildable space. Attorney Barney also suggested that Mr. Lucente may wish to consider making an additional sketch plan which excluded the wetland, and were conventional R -15 size lots and the Board could use that as a guideline to give more definite directions and comments to Mr. Lucente and Mr. Fabbroni to use for the next phase in the development approval procedure. Larry Fabbroni stated that he would not agree making lots which could not include any aspect of the wetlands. Town Planner addressed the Board and stated that they needed Planning Board 6 August 17, 1993 to give guidance to the applicants by telling them no wetlands at all or give them a limit of wetlands to be included in the development phase of Briarwood II. Mr. Fabbroni stated that he and his client would draw up the two plans and at that point the Board will see what would be lost in the second plan that the Board has requested. There being no further discussion, Chairperson Grigorov declared the Sketch Plan discussion for Briarwood II Subdivision duly closed at 10:13 p.m. AGENDA ITEM: APPROVAL OF MINUTES - January 19, 1993. MOTION by Robert Kenerson, seconded by Virginia Langhans: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of January 19, 1993, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell. Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. AGENDA ITEM: APPROVAL OF MINUTES - June 29, 1993. MOTION by James Ainslie, seconded by Herbert Finch. RESOLVED, that the minutes of the Town of Ithaca Planning Board Meeting of June 29, 1993, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell. Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. AGENDA ITEM. APPROVAL OF MINUTES - February 23, 1993. The Minutes of the Town of Ithaca Planning Board Meeting of Planning Board 7 August 17, 1993 February 23, 1993 were not approved at this meeting. AGENDA ITEM: REPORT OF THE TOWN PLANNER. Town Planner Floyd Forman stated that the Board needed to review the Environmental Assessment Form for the Comprehensive Plan and let him know of any changes that may be needed. The Board discussed the Environmental Assessment Form for the Comprehensive Plan among themselves. Town Planner Floyd Forman stated that the Public Hearing for the Comprehensive Plan would be held at the Women's Community Building on August 31, 1993 at 7:00 p.m. OTHER BUSINESS Chairperson Gri.gorov stated that there was no other business to come before the Board. ADJOURNMENT Upon Motion, Chairperson Grigorov declared the August 17, 1993 meeting of the Town of Ithaca Planning Board duly adjourned at 10 :59 p.m. Respectfully submitted, StarrRae Hays, Recording Secretary Town of Ithaca Planning Board • 0"U • • • SPECIAL LAND USE DISTRICT (SLUD) Local Law No.: . 199 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LM=D MDMD USE) FOR THE CORNELL UNIVERSITY PRECINCT 7 The Zoning Ordinance of the Town of Ithaca as readopted, amended, effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Ordinance Amended. Article 2, Section 1 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. _" (as shown on the attached map) and consisting of lands bounded as follows: North of Cascadilla Creek. South of Route 366. East of the intersection of the above. West of Town of Dryden Line, 2. Uses Permitted. The uses permitted in this Special Land Use District No. _ are set forth below, all of which uses shall be conducted by an educational institution or an agency or third party affiliated with an educational institution. The permitted uses are: (a) Classroom, seminar and studio buildings. (b) Dormitories or other residences for or associated with educational purposes. (c) Offices for or associated with educational purposes. (d) Libraries. (e) Greenhouses for or associated with educational purposes. (f) Gardens, natural areas, agricultural plots and fields, and orchards for or associated with educational purposes. (g) Laboratories for or associated with educational purposes. 3. Educational Uses Permitted with a Special Approval: In addition the following uses, Exhibit #1 8/17/93 Minutes J l • 0"U • • • SPECIAL LAND USE DISTRICT (SLUD) Local Law No.: . 199 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LM=D MDMD USE) FOR THE CORNELL UNIVERSITY PRECINCT 7 The Zoning Ordinance of the Town of Ithaca as readopted, amended, effective February 26, 1968, and subsequently amended, be further amended as follows: 1. Ordinance Amended. Article 2, Section 1 of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. _" (as shown on the attached map) and consisting of lands bounded as follows: North of Cascadilla Creek. South of Route 366. East of the intersection of the above. West of Town of Dryden Line, 2. Uses Permitted. The uses permitted in this Special Land Use District No. _ are set forth below, all of which uses shall be conducted by an educational institution or an agency or third party affiliated with an educational institution. The permitted uses are: (a) Classroom, seminar and studio buildings. (b) Dormitories or other residences for or associated with educational purposes. (c) Offices for or associated with educational purposes. (d) Libraries. (e) Greenhouses for or associated with educational purposes. (f) Gardens, natural areas, agricultural plots and fields, and orchards for or associated with educational purposes. (g) Laboratories for or associated with educational purposes. 3. Educational Uses Permitted with a Special Approval: In addition the following uses, Exhibit #1 8/17/93 Minutes spedaadQ, wpSlJthUotaUaw August 11, 1993 3:02 as part of, associated with, or in support of educational purposes conducted by an educational institution or an agency or third party affiliated with an educational institution and not intended for the general public, are permitted but only upon receipt of a special approval for same by the Planning Board in accordance with the procedures described' below: (a) Conference centers. (b) Restaurants, cafeterias or other food service uses. (c) The following convenience, service, or business facilities provided the same are in buildings owned by an educational institution and provide services principally to the students, staff and employees of the same educational institution, and are not provided for the general public's use and are contained in areas of'2,000 square feet of floor area or less: (i) Bookstore; (ii) Travel agency; (iii) Bank; (iv) Parcel pick -up & delivery; (v) Printing or copying facilities; (vi) Barber shop or beauty shop. (vii) Convenience food markets. (viii) Drug stores. (d) Athletic, health, recreational or cultural facilities. (e) Child day care or elder day care center, medical center. iv (f) Maintenance, repair, servicing, utility, supply and storage facilities provided the same are owned by, and are provided solely to service, an educational institution and are not provided for the general public's use. (g) Barns and other animal handling facilities used in the furtherance of the teaching F) specland.U, wpSl ith UocaUaw August 11, 1993 3.02pm and/or research functions of an educational institution. (h) Antennae, ray domes, satellite dishes, and similar technical or scientific structures provided the same are used solely by an educational institution in furtherance of its teaching or research programs and are not permitted accessory uses set forth below. (i) Offices, laboratories, or greenhouses owned by third parties but sponsored by, affiliated with or cooperating with, an educational institution for mutual benefit. (j) Off street parking lots or garages which are not permitted accessory uses set forth below. 4. Other Uses Permitted with a Special Approval. In addition, the following public and quasi- public offices and facilities are permitted but only upon receipt of a special approval for same from the Planning Board in accordance with the procedures described below, (a) Post Office; (b) Fire station; (c) Local, state or federal governmental offices. 5. Accessory Uses: Permitted accessory uses shall include the following: (a) Off - street garage or parking spaces for employees, occupants, users or visitors in connection with a use permitted above, but subject to the provisions of Section 45 and Section 69 of this Ordinance and (i) Providing parking for no more than twenty cars; or (ii) Providing parking accessory to a building for which site plan approval has been obtained and the parking arrangements were shown on the site plan as so approved. (b) Parking garages primarily for employees, occupants, users or visitors to a use specified in paragraph 2 above, and located wholly within or underneath such structure or use specified in paragraph 2 above, and not occupying more than 25% of the structure's total floor area nor involving spaces for more than 20 cars. (c) Outdoor recreational areas including walkways, parks, trails, picnic tables, and other 3 specland.U, *r5J11h UocaUaw August 11, 1993 3:02pm ft similar recreational facilities. (d) The following accessory buildings no larger than 2000 square feet of floor area: (i) Storage sheds; (ii) Pavilions, (iii) Gazebos; (iv) Bus shelters; or (v) Tanks. (e) Accessory uses within a use permitted above, such as employee or student cafeteria, and lunch room but not larger than 2000 square feet in size unless included in the original plans of a structure (i) For which site plan or a special approval is being sought; or For which such approvals were previously obtained; in which event the size may be as approved by the Planning Board, even if larger than 2000 square feet. (f) Any municipal, public, or privately owned ,utility facility necessary to . the development or maintenance of utility services for a use permitted above 2000 square feet or less in size; if larger than 2000 square feet special approval from the Planning Board shall be required. (g) Signs, associated with the above uses but only in accordance with the Town of Ithaca Sign Ordinance or similar law as then in effect. (h) Antennae, ray domes, satellite dishes, and similai technical or scientific structures provided the same are used solely by an educational institution in furtherance of its teaching or research programs and are not more than 1112 feet in height nor more than 12 feet in diameter. 6. Performance Standards: Notwithstanding the foregoing, any use permitted in this Special Land Use District shall be in conformity with the following standards: MI speclxuL fl, wp51 ith Uocallaw August 11, 1993 3 :02pm (a) Density: Total maximum Floor Area Ratio (FAR) of 0.9. FAR is building floor area above grade divided by the total ground area of the site as hereinafter defined. Ground area is any given piece of land of any size so long as all buildings on it are counted and a given piece, or any part of a piece of land is not counted more than once. For example a building one story above grade, having a ground area defined as the size of its footprint, has a FAR of 1.0. The same amount of floor space is two stories above grade, that is covering half of the ground area of the original lot, would also be FAR 1.0. The same amount of floor space in 8 stories, covering 1 /8th of the original lot, is also FAR 1.00 However, a building with half the square feet of floor space placed on the same lot would have a FAR of 0.5 regardless of the number of stories into which the floor area is divided. (b) Hecht: Maximum height of 50 feet measured from the lowest point of grade at the exterior building wall to the highest point of the roof of the building, but excluding rooftop appurtenances such as mechanical equipment, exhaust pipes, radio antenna provided such appurtenances do not themselves exceed an additional 12 feet in height. Upon special approval of the Planning Board, the height limitation of 50 feet may be increased to a maximum of 70 feet. (c) Ground Coverage: Total maximum coverage of ground by structures, road pavement, parking lots and pedestrian area pavements 45 % of site. Total maximum ground coverage by buildings alone 25 % of the site. (d) Setback: From a public road a front setback of at least 100 feet from the road right - of-way line. In addition, if a building exceeds 30 feet in height above grade, the set back shall be increased 3 feet for each one foot of height in excess of 30 feet. (e) Noise: No use sh manner as to create a category stated below land use. Receiving Land Use Category all operate or cause to be operated any source of sound in such a sound level which exceeds the limits set forth for the land use when measured at the boundary of the site nearest the receiving Sound Time Level Limit Residential Use 7 a.m,. 7 p.m. 65 dBa 7 p.m. - 7 a.m. 55 dBa Natural Areas 7 a.m.. 7 p.m. 60 dBa 7 p.m. - 7 a.m. 50 dBa 5 specland.U, wpS1 ith UocaUaw August Ile 1993 3:02pm All Other 7 a.m. - 7 p.m. 7 p.m. - 7 a.m. For any source of sound which emits a pure tone, a di; imum sound limits set forth above shall be reduced by 5 (f) Vibration: No activity shall cause or create a vibration at or beyond the boundary of the site. (g) Atmospheric Emissions: There shall be no noxious gases which could cause damage to the (h) Odor: There shall be no emission of any offens of the site. This standard is not intended to restrict (i) Glare and Heat: No glare or heat shall be prop boundaries of the site. Exterior illumination shall be or traffic hazard on surrounding properties and stret (j) Radioactivity and Electromagnetic Interference: which emit dangerous radioactivity. No activities shec electromagnetic disturbance adversely affecting the e the boundary of the site. (k) Fire and Explosion Hazards: All activities involvil and explosive materials, shall be provided with adequat of fire and explosion and with adequate fire - fighting w devices standard in the industry and as may be require or regulations. All burning of such waste materials in (1) Vermin: There shall be no storage of material, manner that it facilitates the breeding of vermin or environment in any way. .:. =:4 tone or impulsive sound, the steady state or impact n of dust, dirt, smoke, fly ash, or of persons, animals, or plant life, odor discernible at the boundary agricultural practices. that is perceptible beyond the d and directed to prevent glare No activities shall be permitted be permitted which produce any :ration of any equipment outside ig, and all storage of inflammable h. safety devices against the hazard d fire suppression equipment and :d by any applicable codes, laws, open fires is prohibited. either indoors or endangers public out, in such a health or the (m) Natural Areas Protection: No structure shall be built within a Natural Area (as shown on the attached map [Cascadilla Stream Corridor, McGowan Woods] or within 75 feet of a Natural Area without first obtaining the Special Approval of the Planning Board. 6. Site Plan Approval: A site plan for a proposed use must be submitted and approved by the Planning Board before a building permit may be issued, in conformance with site plan R spedws&U, %pSlithUocallawAugust Il, 1993 3.602pm requirements set forth at Section 46-A. Unless specifically requested by the Planning Board, property lines and adjacent public streets need not be shown on the site plan submitted if in excess of 300 feet distant from the proposed site, but shall be shown on a location map. Further, subparagraph 4 of Section 46-A shall be modified as to site plan approvals previously granted to structures in the special land use district, or to structures not required to have had a site plan approval at the time of original construction, to provide that no approval of the modified site plan by the Planning Board shall be required if the modification involves: (a) Construction of a new building or structure with a footprint of 2000 square feet or less; or alteration of an existing structure involving the addition or modification of less than (i) 10,000 square feet or (ii) 10% of the enclosed space of any structure of greater than 20,000 square feet of enclosed space, whether on one or more stories, whichever is less; and (b) construction or relocation of fewer than 20 parking spaces provided there is no net reduction in parking spaces; and (c) any maintenance or repairs not materially affecting the appearance of the site, or construction, repairs, alterations, or renovations materially affecting the exterior of a building or the site where exterior work is anticipated to cost less than $100,000 (1993 price, subject to Cost of Living Index adjustment); and (d) does not alter proposed traffic flows and access; and (e) does not directly violate any express conditions imposed by the Planning Board in granting prior site plan approval. 7. Special Approval: In granting special Approval in any instance specified above, the Planning Board shall determine that: (a) the health, safety, morals and general welfare of the community in harmony with the general purpose of this ordinance shall be promoted. (b) The premises are reasonably adapted to the proposed use. (c) The proposed use and the location and design of any structure shall be consistent with the character of the district in which it is located. (d) The proposed use shall not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously 7 speckm Lff, wpSl ith Uocallaw August 119 1993 3.-02pm inconvenience neighboring inhabitants. (e) The proposed access and egress for all and uses shall be safely designed. (f) The general effect of the proposed use upon they community as a whole, including such items as traffic Ioad upon public streets and load upon water and sewerage systems is not detrimental to the health, safety and general welfare of the community. The Planning Board may impose upon the appli deems necessary to protect the general welfare of the cor 8. Definitions. For the purposes of this Special I shall have the following meanings and shall be subject to (a) Site. A "site" shall be initially the area of Ian( allocated to a proposed project (or, in the case of project or structure). The determination of whether si be granted shall depend, in addition to other crite whether the proposed project and such designated Special Land Use District such as density, ground c (e.g. sufficient land area should be included and c proposed building(s) on the site do not exceed 25 % (i) After having previously obtained site plan (A) Decrease or reconfigure such si (B) Add one or more structures to (ii) Add one or more structures to an area pr plan or special approval has been heretofore such reasonable conditions as it Rye Use District, the following terms following procedures: designated by the applicant to be existing structures, to the existing a. plan and /or special approval shall is set forth in this Ordinance, on rea meet the requirements of this average, noise, etc. set forth above :signated for this site so that the f the site). If the applicant desires or special approval to or site; or y in existence for which no site ned, the applicant may apply for a modification to the previous site plan and /or special approval and may, at the applicant's discretion, request that the site previously approved be reconfigured, enlarged, or reduced in size so that the proposed modified site with any proposed additional structures would be in compliance with the performance standards and other requirements set forth above or elsewher in this Ordinance. The criteria applicable to the review of initial site plan and or speCial approval applications shall be . equally applicable to the application for a modification of a site plan or site. However, in reconfiguring, enlarging or reducing the area of a site, no piece of land shall be speclatul. U, wpS1 ith Uocallaw August 11, 1993 3 :02pm designated as part of more than one site (i.e. no piece of land may be counted for compliance purposes for two sites). Notwithstanding the foregoing, no site shall exceed 30 acres in size. (b) Owned. Property is "owned" by the person(s) or entity(ies) holding the fee title to at least a 51% interest in the property, except that if the property is leased under a written, bona fide, recorded lease for a term of more than 35 years, the property shall be deemed "owned" by the person(s) or entity(ies) holding at least a 51 % interest as tenant in such lease. If a requirement for a permitted use in this Special Land Use District is ownership by an educational institution, at least 51 % of the interest in the property must be held by such institution to qualify. (i.e. the educational institution must "own" the property. (c) Educational Institution. An "educational institution" is a corporation, foundation, or other generally recognized entity organized and operated principally for the purpose of educating persons with essentially three components: (1) a curriculum; (2) a plant consisting of adequate physical facilities; and (3) a properly qualified and accredited staff to carry out its educational objectives. The following are included as educational institutions: (i) A college or university chartered by the State of New York. A college or university or post- graduate institution providing a recognized course of study and accredited by a recognized accrediting organization. (iii) A public school operated by a state - recognized Board of Education. (iv) A private school having received appropriate approval from the Board of Regents or Department of Education of the State of New York to operate as a school. 9. Amendment of Zoning Map. The official zoning map of the Town of Ithaca is hereby amended by adding this Special Land Use District in the area described above. 10. Invalidity of Portion of Local Law. 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. 11. Effective Date. This law shall take effect 20 days after its adoption or the date it is 9 speelmid.11, wpSl irh Uwallaw August Ho 1993 3,,gpm filed in the Office of the Secretary of State, whichever is later. 10 v u W O G G c4 p., G 0. ca (.J Q� 6J � O 9 O .r. cC 0,42 u z r t' >z oa' oot ao• I o I W, all ,,o, f C�o 1P .a u le LZ ` = L' �° cot oo� i pct � oor b �o S c cc �•9t Q! i!'?91. t. 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