HomeMy WebLinkAbout1989 LL 02 - SLUD for Indian Creek Retirement Community (Please Use this Form for Filing your Local Law with lire Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
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Local Law No.«.»....:......_...» of the year 19 89
A local law«TO AMEND THE�ZONING ORDINANCE TO PROVIDE A SPECIAL LAND
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0"601Ubt
USE DISTRICT (LIMITED MIXED USE) FOR THE INDIAN CREEK
RETIREMENT COMMUNITY ON TRUMANSBURG ROAD OWNED BY
CMH ASSOCIATES
Be It enacted by the Town Board Z. .. .«� �..«.««. .. ..«««,of the
............«......»»««....»....Nsi ta[lrtrbs DaCr?
of.. Ithaca. «as follows:
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Rote Zoning Ordinance of the Town of Ithaca as readopted, amended,
effective February 26, 1968, and subsequently ate, be further
amended as follows:
1. Article 2, Section 1 of the Town of Ithaca Zoning Ordinance be
and hereby is attended by adding to the permissible districts itemized
in said section a district designated as "Special, Land Use District
No. 6".
2. The uses permitted in this Special Land Use District No. 6 are:
(a) Detached one-family dwellings. One family dwellings may be
occupied by not more than
( i) an individual, or
( ii) a family, or
(iii) a family plus one additional boarder, roomer, lodger
or other occupant, or
( iv) two individuals, boarders, roaners, lodgers or other
occupants.
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M Detached two-family dwellings. Each dwelling unit in the
Wo-family dwellings may be occupied by not more than
( i) an individual, or
( ii) a family, or
(iii) a family plus one additional boarder, roomer, lodger
or other occupant, or
( iv) two individuals, boarders, roamers, lodgers or other
occupants.
(c) Attached single-family units aggregated together in one or
more buildings of up to 80 dwelling units. Each ane-family
unit in said attached units may be occupied by
( i) an individual, or
( ii) a family, or
(iii) two individuals, boarders, roamers, lodgers or other
' occupants.
(d) The attached single-family dwelling units may be condominium
units or other ownership of less than the minimum lot size
normally required in an R-15 zone as may be approved by the
Town of Ithaca Planning Hoard.
(e) A cammnity facility which may be attached to the attached
single-family units or may be free-standing, not in excess
of 7,000 square feet, to be used for central dining
facilities (with serving kitchen), activity areas, and other
related community service space to be made available
principally for the use of the residents of the retirement
community.
(f) Permitted accessory uses shall include the following:
( i) off-street garage or parking spaces for the residents
of and the employees working at the Indian Creek
Retirement Community.
( ii) accessory buildings such as storage sheds, pavilions,
gazebos, and other similar small buildings provided
that no single building exceeds more than 200 square
feet in size and provided further that the size and
location of each such building is approved by the
Planning Board.
(g) Common recreational areas including walkways, parks,
cammmnity gardens, and other similar outdoor recreational
facilities.
(h) Any municipal or public utility purpose necessary to the
maintenance of utility services for the Iridian Creek
Retirement Community.
(i) Signs, as regulated by the Town of Ithaca Sign Law.
3. Any use in this district shall be governed by all of the
requirements, including side yards, setbacks, building coverage,
accessory uses, and similar requirements, of a residence district
R-15, except as the salve may be specifically modified by the terms of
this local law.
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• 4. In addition to'the requirements and restrictions imposed by the
Town of Ithaca Zoning ordinance, the area being rezoned to Special
Land Use District No. 6 shall be subject to the following conditions:
(a) The exterior design, specifications, and plans for the
buildings and other improvements to be constructed on the
premises and the development of the grounds and construction °
of all outside facilities including lighting and signs shall
have been shown on a final site plan approved by the
Planning Board, and any construction thereafter shall be in
accordance with said site plan as finally approved. In
determining whether or not to approve the site plan, the
Planning Board may employ the same considerations it would
employ in approving a site plan pursuant to Sections 46 and
78 of the Town of Ithaca Zoning ordinance.
(b) Building permits shall be required for any construction,
including construction of signs and outdoor lighting
facilities. Such permits shall not be issued until the
Planning Board has approved the design and specifications
for such proposed construction.
(c) The primary access roadway from Tr mnansburg Road leading
westward shall be a double road with a median island for at
least the first 1300 feet of its length and such roadway
shall be constructed in accordance with Town of Ithaca
highway specifications, dedicated and deeded to the Town and
accepted by the Town before any certificates of occupancy
are issued.
(d) Such additional portions of the roads in the project shall
be constructed in accordance with Town of Ithaca highway
specifications, dedicated and deeded to the Town, and
accepted by the Town as the Planning Board may, in approving
^n the final site plan, determine.
(e) The Declaration of Condominium, the Certificate of
Incorporation of any homeowners association or similar
group, and the bylaws of any such organization, shall be
submitted to the Planning Board for recommendation and shall
be approved by the Town of Ithaca before the same are filed
and adopted.
(f) There shall be a maximum of 140 dwelling units within the
Special Land Use District of which no more than 80 dwelling
units shall be contained in attached configuration of more
than two dwelling units per building, and no more than 60
dwelling units shall be container] in detached one and
two-family dwelling unit configuration.
(g) There shall be dedicated to the Town of Ithaca as park space
a four acre park site in the easterly portion of the project
as shown as the general plan with the precise metes and
bounds to be determined by the final site plan approval by
the Planning Board, such dedication to occur prior to the
issuance of any certificates of occupancy for any of the
units on the property.
(h) There shall be dedicated and conveyed to the Town of Ithaca
a 20 foot strip of land in fee simple substantially along
the southerly line of the Special Land Use District as shown
on the general plan, the precise metes and bounds
description to be as finally determined on the final site
plan, said strip of land to be conveyed for trail and other
municipal purposes.
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(i) The developer shall reserve and dedicate for open space
approximately six acres of land adjoining the westerly
portion of the southerly line of the Special District
boundary, the center line of the six acre strip of land
being the enter line of Indian Creek, all as more
particularly shown on the schematic site plan dated November
22, 1988 submitted in support of the application for
rezoning. Said area shall be deeded to the Town of Ithaca
for open space area and municipal purposes before the
issuance of any certificates of occupancy for any dwelling
unit within the Special Land Use District.
(j) All of the dwelling units shall be owner-occupied subject to
the following:
( i) A unit may be occupied by other than the owner as
long as the occupant is related by blood (e.g.,
father, mother, grandfather, grandmother, etc.) to
the owner.
( ii) A unit may be rented by an owner for no more than a
cumulative period of twelve months within any
continuous thirty-six month period. Permission to
rent and/or sublet for a longer period of time shall
be obtained in writing from the Board of Directors or
other governing body of any homeowners association
established in connection with the community. In no
case, however, may a unit be rented by an owner or
owners for more than 24 months cumulatively in any
five-year period.
(iii) Notwithstanding the foregoing, the developer shall be
allowed to rent one or more units for a period not
to exceed two years in each case from the date of
issuance of the original certificate of occupancy for
the unit being rented, provided that at no time may
the developer have more than sixteen units rented
under this provision at any one time.
( iv) The dwelling units shall be occupied by persons over
the age of 54 years pursuant to rules and regulations
contained in bylaws, declarations, or other
regulations approved by the Town Board. Such
regulations may permit temporary occupancy by
visitors under the age of 55 years.
(k) Notwithstanding any provisions of the Town of Ithaca Zoning
Ordinance to the contrary, in Special Land Use District No.
6, no building shall be erected, altered, or extended to
exceed 42 feet 6 inches in height from the lowest interior
grade or 40 feet 6 inches in height from the lowest exterior
grade, whichever is lower. No structure other than a
building shall be erected, altered, or extended to exceed 30
feet in height.
(1) Except as specifically provided for herein any construction
for which a permit is granted shall comply with all
applicable laws, codes, ordinances, rules and regulations.
(m) The execution of an agreement mutually acceptable to the
developer and the Town of Ithaca relating to the terms under
which
( i) the developer will provide its own water service or
facility for the Indian Creek Retirement Ccmmmity;
and/or
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( ii) the developer will construct any sewer and/or water
mains that may be required to provide water and/or
sewer service to the Indian Creek Retirement
Community; and/or
(iii) the developer may make contributions to the Town of
Ithaca in amounts to be mutually agreed upon to
permit the Town to construct or upgrade water supply
and/or sewage disposal facilities necessitated by the
construction of the Indian Creek Retirement
cmimunity.
Such agreement to be executed, unless waived by the Town of Ithaca,
Prior to the issuance of any building permits for any construction in
the Indian Creek Retirement Community.
5. Any significant revisions to the schematic site plan of November
22, 1988 submitted to the Town Board shall be submitted to and be
approved by the Town Board before issuance of any building permits.
In accordance with the provisions of the Zoning ordinance a final site
plan shall be submitted to and approved by the Town of Ithaca Planning
Board before issuance of any building permits.
6. The area encompassed and rezoned in accordance with this local
law to Special Land Use District No. 6 is described on Schedule A to
this local law. The official zoning map of the Town of Ithaca is
hereby amended by adding such district at the location described.
7. Any violations of the terms of this local law shall constitute a
violation of the Town of Ithaca Zoning ordinance and shall be
punishable as set forth in said ordinance 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 Tera reserves for itself, its agencies and all other persons
having an interest, all remedies and rights to enforce the provisions
of this law, including, without limitation, actions for any injunction
or other equitable remedy, or action and damages, in the event the
owner of the parcels covered by this law fails to amply with any of
the provisions hereof.
8. 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.
9. This law shall take effect 10 days after its publication in the
Ithaca Journal.
Page ld
SCHEDULE A
DESCRIPTION OF LAND OF INDIAN CREEK RETIRE[HE<+1T COMMUNITY
REZONED SPECIAL LAND USE DISTRICT NO. 6
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca,
Tanpkins County, State of New York, more particularly described as
follows; COMMENCING at a point in the west line of Tr unansburg Road
which point is at the northeast corner of premises reputedly owned by
Joyce (see deed recorded in the Tcq*ins County Clerk's Office in Book
602 of Deeds at Page 507); running thence south 66 degrees west along
the north line of Joyce 257.1 feet to an iron pin; thence south 24
degrees 23 minutes east along a gest line of Joyce 457.3 feet to an
iron pin; running thence south 69 degrees 4 minutes west along a fence
line 464.0 feet to a pipe; running thence south 81 degrees 28 minutes
west along a fence line 531.8 feet to a pipe; running thence south 60
degrees 8 minutes west along the remains of an old fence lane 323.4
feet to a pipe; running thence south 2 degrees 45 minutes east
approximately 50 feet to a paint, 100 feet northerly from the center
line of Indian Creek; running thence westerly on a curve parallel to
and 100 feet northerly of the center line of Indian Creek a distance
of approximately 1400 feet to a point in the west line of premises
shown on a map entitled "Survey Map Lams of Bruce M. Babcock Located
on Trumannsburg and Hayts Roads, Military Lots 40 and 41, Town of
Ithaca, Tompkins County, New York" dated May 29, 1987; running thence
north 9 degrees 27 minutes east along the west line as shown on said
map approximately 1280 feet to a pipe; running thence south 89 degrees
19 minutes east 1,215.5 feet to the center line of Tr unannsburg Road
running in part along an old fence and hedge; running thence on a
curve to the left along the enter line of Trumansburg Road, said
curve having an arc distance of 302 feet and a cord direction of south
45 degrees 48 minutes east and a chord distance of 301.8 feet to the
point or place of beginning.
The description set forth above is based largely upon the above
referenced survey map of the lands of Bruce M. Babcock, a copy of
which map is on file with the Planning Department of the Torn of
Ithaca.
Containing 66 acres of land, more or less.
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(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. ......2...»....of 19$. ..
of 0►eof.......»»Ithaca was duly passed by the..........Town Board ». .
.. ...........
Town Memo of Leaie).*live Body)
on,.,,March„»l3.....»»,,.....,19 89. in accordance with the applicaLle provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
1 hereby certify that the local law annexed hereto,designated as local law No..............»....of 19........
County
of the Citwof.....................................was duly passed by the.............. ..... . ....».»»»»........
Con
(Name of t.ealetetive Body).
Village not disapproved
on........................»»»...................19........ and was approved by the.»».....................................i........*..
repassed after disapproval Elective Chief Eiceeadve ofica
and was deemed duly adopted on.......»...............................................19........, In accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designatedas local law No.................. of 19.....»...
County
of the City of......................................was duly passed by the.................... ...... .. .» ».......................
Town (Name of t.esislat%e Body)»
Village not disapproved
on......».................................»........19........ and was approved by the.................. ief...........,...w 0Nii. -Hi................
repassed after disapproval Eleettve Chlet lyeeeetieer
on......................................................................19........Such local law was submitted to the people by reason of a
mandatory referendum,and received Ala affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held oil...»............................................:....19........,in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum.and final adoption because no valid petition filed requesting
referendum.)
1 hereby certify that the local law annexed hereto,designated as local law No................... of 19.........
County
of the Town of.».........»........................was duly passed by the................................ »....»...».....on
(Name of Lealeiative Body)
Village not disapproved
..............................................„......19........ and was approved by the.......................................................on
repassed after disapproval Elective Chief Executive 91114e1
...,,..»...........................»........................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed,said local law was deemed duly adopted on
.».............»».»....».........»..»........»»»...........19.......,in accordance with the applicable provisions of law.
*Eketive Chief Executive Officer menu or Wades the cblef executive officer of a county elected on a countywide basic
or,9 there be now.the chairman of the county kghletire body,the mayor of a city or viltaye or the supervisor of a town,
wF_*such officer is vented with power to approve or veto local laws or ordbaaca.
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5. (City local law concerning Charter revision proposed by petition.)
I heret►fcertirythat thelocallawaanexedhereto,desiguatedaslocal lawNo...................„of 19........
of the City of.....................»..................»...............................having been suluuitted to referendum pursuant to the
l.rovisions of
636 37 of ilia municipal home Ilulc Law,aad having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on.................
genera! ...•.••••, ••
............19»,... ..became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that lite local law annexed horeto,designated as Local Law No.......of 19......of the
County of ......................................... Stata of New Pori:, having been submitted to cite Electors at ilia
General flection of November........... 19...........pursuant to sitbdivisions S and 7 of Section 33 of the hlmti-
cipal !Ionic !lute Law.and having received the affirmative vote of a majority of the qualified electors of lite
cities of said county as a unit and of a majority of tine qualified electors of lite towns of said county
considered as a unit voting at said general election,became operative.
(lf any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
j(t! I further certify that.1 have compared the preceding local law with the original ar file in this office
and that the same is a correct transcript therefrom and of lite whole of such original local law,and was
finally adopted in the manner indicated fn paragraph............1............. above.
Town j taeskvit
Date: March 15, 1989
{SeaO
(Certification to-be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney
or other authorised Attorney of looality.)
STATE OF NEN YORK
OOUNTY OF._...Tompkins
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
........ iz a.. . :}::............
sipar . John C. Barney
...... ......Town Attorney.............
TIW
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