HomeMy WebLinkAboutLL 05 of 2007 Amend Longview PDZ.doc
TOWN OF ITHACA
LOCAL LAW NO. 5 OF THE YEAR 2007
A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA
CODE, TITLED “ZONING: SPECIAL LAND USE DISTRICTS,” REGARDING
INCREASES IN NUMBERS, HEIGHT AND USES OF DWELLING UNITS IN
ITHACARE’S SPECIAL LAND USE DISTRICT NO. 7
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 271 (Zoning: Special Land Use Districts) of the Town of
Ithaca Code, Section 271-8, titled “Special Land Use District No. 7 (Limited Mixed Use,
Ithacare)”, Subsection B(1), is amended by increasing the maximum number of dwelling
units from 160 to 193 and by revising the types of accommodations from “assisted
living” to “congregate residential care, including independent, assisted living and nursing
home accommodations,” so that Subsection B(1) reads as follows:
“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.”
Section 2. Chapter 271 (Zoning: Special Land Use Districts) of the Town of
Ithaca Code, Section 271-8, titled “Special Land Use District No. 7 (Limited Mixed Use,
Ithacare)”, Subsection D(3), is amended by increasing the maximum building height from
34 to 37 feet from the lowest interior grade, and by adding references to “elevations and
plans numbered C1.1 (Site Plan), C1.2 (Site Grading Plan), C1.8 (Viewshed Section and
Elevation Studies), and A2.1, A2.2, and A2.3 (Exterior Elevations), prepared by Schopfer
Architects LLP and dated October 16, 2006, revised February 8, 2007” after the reference
to the January 30, 1996, Site Plan, so that Subsection D(3) reads as follows:
“Notwithstanding any provision of the Town of Ithaca Zoning Ordinance to the
contrary, in Special Land Use District No. 7, no building shall be erected, altered,
or extended to exceed 37 feet in height from the lowest interior grade or 30 feet in
height from the lowest exterior grade, whichever is lower, except, however, that
the one multifamily dwelling permitted pursuant to Subsection B(1) above may
exceed said height limitations provided such building is constructed substantially
in accordance with the elevations and plans numbered SK-L1J (Preliminary Site
Plan - Alternative B.3), L-4 (Planting & Materials Plan), L-5 (Trail Plan), L-6 and
L-7 (Details), and A-6R (Elevations), prepared by L. Robert Kimball &
Associates and dated January 30, 1996, (hereinafter collectively referred to as the
‘January 30, 1996, Site Plan’), and elevations and plans numbered C1.1 (Site
Plan), C1.2 (Site Grading Plan), C1.8 (Viewshed Section and Elevation Studies),
Revised March 29, 2007
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and A2.1, A2.2, and A2.3 (Exterior Elevations), prepared by Schopfer Architects
LLP and dated October 16, 2006, revised February 8, 2007, copies of which are
on file with the Town of Ithaca Planning Department. The heights shown on said
plans shall constitute the maximum heights permitted for such building.
Notwithstanding the foregoing, under no circumstances shall the highest point on
the building exceed an elevation of 607 feet above City of Ithaca datum. No
structure other than a building shall be erected, altered, or extended to exceed 30
feet in height.”
Section 3. Chapter 271 (Zoning: Special Land Use Districts) of the Town of
Ithaca Code, Section 271-8, titled “Special Land Use District No. 7 (Limited Mixed Use,
Ithacare)”, Subsection D(5), is amended by deleting the requirement for the dwelling
units to be occupied by persons “requiring assisted living accommodations”, so that this
Subsection reads as follows:
“The dwelling units in this Special Land Use District No. 7 shall be occupied by
persons over the age of 54 years, except that adult persons under 55 years of age
may reside in the units if because of disabling conditions said adult persons
require the services provided by the owner, provided that no more than 10% of
the occupants of the facility are under the age of 55.”
Section 4. Chapter 271 (Zoning: Special Land Use Districts) of the Town of
Ithaca Code, Section 271-8, titled “Special Land Use District No. 7 (Limited Mixed Use,
Ithacare)”, is amended to conform this section to the current Town of Ithaca Code’s
terminology, numbering and references as follows:
A. Subsection A is deleted and replaced with the following:
“Section 270-6 of the Town of Ithaca Code includes in the list of permissible
districts a district designated as ‘Special Land Use District No. 7 (Limited
Mixed Use)’, which district is now considered and hereafter referred to as
‘Planned Development Zone No. 7.’”
B. All references to “Special Land Use District No. 7” are changed to “Planned
Development Zone No. 7” in the title to Section 271-8 and in Subsections B,
D, D(3), D(5), D(6), and F.
C. The reference in Subsection C to “Residence District R-15” is changed to
“Medium Density Residential Zone”.
D. The reference in the last sentence of Subsection D(1) to “Article IX” is
changed to “Article XXIII”, and the reference to “Section 78” is changed to
“Section 236”, so that the last sentence reads as follows:
“In determining whether or not to approve the site plan, the Planning
Board shall employ the same considerations as it would employ in
approving the site plan pursuant to Article XXIII and Section 236 of the
Town of Ithaca Zoning Ordinance.”
Revised March 29, 2007
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E. To replace the former Town of Ithaca Zoning Ordinance’s numbering and
other references related to parking requirements with the Town of Ithaca
Code’s numbering and other references, Subsection D(7) is deleted and
replaced with a new Subsection D(7) reading as follows:
“There shall be provided at least two parking spaces for every three
dwelling units, except that the Planning Board may reduce the required
number of spaces by no more than 20% in accordance with the criteria set
forth in Chapter 270, § 227 of the Town of Ithaca Code. If the Planning
Board permits such a reduction, the Planning Board may impose such
reasonable conditions, including the conditions set forth with respect to
reductions of parking spaces in Section 227 as referenced above, as may,
in the judgment of the Planning Board, be necessary to assure that such
reduction will not cause congestion, create undesirable traffic flows or
hazards, or otherwise be adverse to the general welfare of the community.
In any event, unless expressly waived by the Planning Board, such
reduction shall be subject to the same mandatory conditions as are set
forth in Chapter 270, § 227 of the Town of Ithaca Code.”
F. The title of Schedule A, “Description of Property To Be Rezoned To Special
Land Use District No. 7” is hereby deleted and replaced with “Description of
Property Zoned as Planned Development Zone No. 7.”
Section 5. 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.
Section 6. This local law shall take effect upon publication of the local law or an
abstract of same in the official newspaper of the Town, or upon its filing with the New
York Secretary of State, whichever is the last to occur.
Revised March 29, 2007
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