HomeMy WebLinkAbout1984 LL 3 - La Tourelle-Permit B&B (Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should bs given as amended. Do not include matter being
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Ithaca
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Local Law N06 3 of thexear 19 84»
Alwalla, »..RELATING TO THE WALTER AND JOYCE Y. WIGGINS LA TOURELLE
DEVELOPMENT ON ITHACA-DANBY ROAD (ROUTE 96B) , AMENDING THE
ZONING ORDINANCE TO PER1fIT CONSTRUCTION OF A BED AND
BREAKFAST INN
Town Board of the
Be it enacted by the pt»..M d tea "Dom
o.f» Ithaca ».»» ».. _».»» . ». »...as follow":
'Mown ..» .�»»»».....»..».....»
WHEREAS:
1. The Planning Board has extensively reviewed the proposed "La
Tourelle" development of Walter J. and Joyce Y. Wiggins at public
hearings duly and properly held during the Winter and Spring of
1984.
2. On June 5, 1984, the project was granted Final Site Plan
Approval by the Planning Board.
3. All necessary environmental reviews have been completed, after
which it was determined that the project would have no significant
impact on the environment.
4. The Planning Board has determined that:
(a) There is a need for the proposed use in the proposed
location.
(b) The existing and probable future character of the
neighborhood will not be adversely affected.
(c) The proposed change is in accordance with a comprehensive
plan of development in the Town.
5. The Planning Board has recommended that the Zoning Ordinance
be amended to permit this development as proposed and reviewed.
If additional space is needed lease attach -beets of the same sire as this and number each
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NOW THEREFORE BE IT RESOLVED:
1. That Article II, 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 #1".
2. . In the event that the Town sh6uld further amend the Zoning
Ordinance by adding to the list of permitted Districts a Special
Limited Mixed Use District, the District described by this Local
Law shall be designated as such a Mixed Use District.
3. The uses permitted in this Special Land Use District are:
(a) Any use permitted in a Residential District R-15.
(b) The operation of a hotel or motel to be used as a Bed
and Breakfast Inn, with site plan approval by the
Planning Board.
(c) The existing construction and use of that portion of
the premises now used and occupied as the L'Auberge
du Cochon Rouge restaurant and the Barn Apartments as
shown on the final site plans and/or the survey map
,of "A Portion of the Lands of Walter J. and Joyce Y.
Wiggins", dated July 3, 1984.
4. This Special Land Use District includes. all lots and area
requirements of Residential District R-15 except as modified
below:
(a) Side Yards: May not be less than 30 feet.
(b) Spaces between Buildings: The distance between any
two structures shall Ee no less than the average height
of both, except that a shorter distance may be allowed
if the resulting space is to be used and maintained -as
a fire lane.
(c) Height: No structure shall be greater than 55 feet from
the lowest point at grade to the highest point on the
roof line.
(d) Storeys: No more than two storeys. However, as many
a f—
a our dwelling units may be constructed in the basement
of the first phase of the development.
5. Notwithstanding the provisions of Section 3, above, the following
particular covenants and restrictions shall govern the use of the
lands in this Special Land Use District A. otherwise known as ,
"La Tourelle, A Bed and Breakfast Inn".
(a) The only new construction and use permitted in the'
above District shall be a hotel or inn containing no
more than 80 units for guests. Such hotel or inn may
be constructed in phases.
(b) 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 be limited`to those shown on the final
site plan approved by the Planning Board, June 5, 1984,
and on other designs, architects's drawings, plans, and
other documents submitted to and approved by the
Planning Board, and shall be in accordance with all
such documents.
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(c) An additional building permit is required for the
construction of signs and outdoor lighting facilities.
Such permit shall not be issued until the Planning
Board has approved the design and specifications
therefor.
(d) No cooking operations or facilities shall be permitted
in the hotel, except that a continental breakfast
solely for guests of the hotel, may be served daily.
(e) No portion of the outside area of the Special Land
Use District shall be used for the service of food or
beverages, nor any public assembly, nor dancing or
musical activities; except as follows:
(1) At any time subsequent to the adoption of
this Local Law the Town Board may adopt
regulations by resolution or by amendment
of the Town Zoning Law to implement the
provisions of this Local Law, which may also
include a requirement that the owner or his
duly authorized representative, obtain a
special permitfroma person designated by
the Town Board for that purpose to permit the
use of portions of the outdoors area in the
immediate vicinity of the La Tourelle structure
for limited, temporary or occasional serving
of food and beverage for the guests of La
Tourelle for special occasions such as weddings
or other social occasions. Such regulations
shall be adopted only after a public hearing
has been held, notice of which has been
published in the Official Newspaper, at least
5 days prior to such hearing and written notice
thereof has been mailed or delivered
personally to the owner -of the above project,
or to his duly authorized representative, and
to such other owners of property, as the Town
Board may direct. Until such time as such
regulations may be adopt-ed, the lands may be
used fortheoutdoor activities, as described
above, without a permit.
(f) All ambient noise associated with the use of this property
shall be regulated by Article VIII, Section 42 of the
Zoning Ordinance.
(g) Ingress and egress shall be through the driveway leading
to State Highway Route 96B past the restaurant as shown
on the final site plan and survey map dated July 3, 1984.
(h) All construction must comply with all applicable laws,
codes, ordinances, rules and regulations.
(i) These covenants may be enforced by the owner of any land
lying within 500 feet of the boundaries of this district,
and/or by the Town of Ithaca.
(j) The above restrictive covenants shall run with the land
and shall be incorporated in a document which shall be,
signed by the Owner and recorded in the Tompkins County
Clerk's Office. No portion of the building shall be
occupied or otherwise used unless a valid Certificate
of Occupancy has been issued.
6. This Special Land Use District shall be added and hereby is
added to the Official Zoning Map of the Town of Ithaca at the
location given in Schedule A below.
7. In the event that any portion of this law is declared invalid
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by a court of competent jurisdiction, the validity of the remaining
portions shall not be affected by such declaration of invalidity.
8. The Town 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 an injunction or other equitable remedy, or action and damages,
in the event the owner of the parcel covered by this law fails to
comply with any of the provisiona,thereof.
9. This law shall take effect immediately.
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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.) 4
1 hereby certify that the local law annexed hereto,designated aslocal law No.. IOf 19«—8-
of the f.. ...& ...................
......I�tic.a............was duly passed by the........1:!?wn Board,
@70
13....,,,,,,,,,,,,,19,»A4 in accordance with the applicable provisions of law.
z. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No........-----..Of 19..«,.»
County
ofthe City of..»«..................................was duly passed by the..............................................
Town (Ilume of Leaislative Bad7i
Village not disapproved
on......................«......,..................19........ and was approved by the
repassed after disapproval
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,designated as local law No. Of 19..—..-
County
ofthe City of......................................was duly passed by the.........,.....« »»...................................
Town (Name of Lexisladve Hear!
Village not disapproved
On...................................................19........ and was app ..........
roved by the....
repassed after disapproval
on....................................................................19........Such local law was submitted to the people by reason of a
mandatory t qualified electors voting
permissive referendum,and received the affirmative vote of a inalority of he qu fied
general
thereon at the special election held on...................................»...»•......««19.__,in accordance with the appU-
annual
cable provisions of law.
4. (Subject to permissive reterandum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law of 19t.«•«.«
County
of the City of............................«...was duly passed by the
Town OF&"of L*StslaUv*Body)
Village not disapproved
.............19....... and was approved by the.»..«»...,.,..»..............»...»»
..............••••• repassed after disapproval Elective Chief Executive Oliker
...«...»..,,,.„...............»....«19......... Such local law being subject to a permissive refereaduiti 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 low.
*Elective chkf Executive mr-or means or hicludel the chief executive oWM of a county elected an a county-wide barb
or.If there be none,the chairman of the county kvilladve body,the mayor ora city or village or the vaperviloref a tomo;
where such oWxa h vented with power to approve or veto local laws or onquimces.
Page 2
Y
S. (City local law concerning Charter revision proposed by petition.)
I herebt certify that the local law annexed hereto,designated as local law No.................. .of 19..»»»
of the City of.. ................................................................having been submitted to referendum pursuant to the
36
provisions of 6 3377 of the 1)unicipal flame Rule Law.and having received the affirmative vote of's majority
of the qualified electors of such city voting thereon at the spacial election held on.................................
„........»....19........»..became operative.
d, (County local law concerning adoption of Charter.)
" I hereby certify that the local law annexed hereto,designated as Local Law No.......of 19......of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November........... 19..........,pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,said having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
gW I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law,and was
finally adopted in the manner indicated in paragraph............................above.
?ewe .ClwrklR
Date: August 14, 1984
(Seal)
. f �
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF..»».Tompkins
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been Lad or taken for the enactment of the local law annexed hereto.
r•�• V. Buyoucos
Town.Attorney...................
Z
tlbe
aDate: August 14, 1984
Woof»
Town �»»����....»...».
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