HomeMy WebLinkAboutLL 08 of 2005 South Hill Business Campus PDZ.doc
TOWN OF ITHACA
LOCAL LAW NO. 8 OF THE YEAR 2005
A LOCAL LAW TO AMEND ZONING CHAPTERS 270 AND 271 OF THE TOWN OF
ITHACA CODE TO PROVIDE A PLANNED DEVELOPMENT ZONE FOR THE
SOUTH HILL BUSINESS CAMPUS ON DANBY ROAD OWNED BY SOUTH HILL
BUSINESS CAMPUS, LLC
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 of the Town of Ithaca Code, Article IV, § 270-6 entitled
“Enumeration of zones” is amended by adding at the end of subdivision A thereof the following:
“Planned Development Zone No. 12 - In accordance with and pursuant to Local Law No.
8 - 2005 \[South Hill Business Campus\]”
Section 2. Chapter 271 of the Town of Ithaca Code is hereby amended by adding Section
271-12, entitled “Planned Development Zone No. 12”, as follows:
“A. Findings.
(1) Many years ago, NCR Corporation built a large manufacturing facility at 950
Danby Road on South Hill in the Town of Ithaca which building, with
additions since its construction, now consists of approximately 162,004
square feet of manufacturing space, approximately 95,802 square feet of
office space, approximately 6,768 square feet of cafeteria space, and
approximately 12,560 square feet of other miscellaneous space;
(2) There are adjacent to said building approximately 1,200 parking spaces;
(3) Over the years, the ownership of the building and the surrounding property
has changed, and they have recently been acquired by South Hill Business
Campus, LLC (the “Owner”);
(4) Over the years, the occupancy of the building has gradually decreased to the
point where today only approximately 87,329 square feet of the building is
being utilized, a significant underutilization of available space;
(5) To accomplish increased occupancy, the Owner needs to be able to rent to a
variety of tenants engaged in a variety of different businesses and activities,
and accordingly will need to convert portions of the space from its past uses
to other types of uses;
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(6) It is the intention of the Owner that such increased occupancies be
accomplished in a cohesive manner and in a manner that does not cause
adverse environmental effects under the State Environmental Quality Review
Act and the regulations and local laws adopted thereunder that would exceed
the environmental effects that would occur if the building were fully occupied
in the manner in which it would be permitted to be occupied under the zoning
regulations presently applicable to it;
(7) The building and a portion of the surrounding property (the “Premises”) are
currently zoned Industrial;
(8) Under the current zoning, any change in use in the area of the building
requires a site plan modification approval from the Planning Board before any
construction or change may occur, which normally takes a minimum of thirty
days to process to a hearing and obtain a decision, and sometimes takes longer
when more than one meeting is necessary to make a decision;
(9) If a use requested by a tenant is not one presently permitted in the Industrial
Zone, the process may also require an appearance before the Zoning Board of
Appeals for a decision, which takes an additional two or more weeks, and
since the request is often for a use variance, the criteria for which are difficult
to meet, it is sometimes impossible to obtain the needed variance;
(10) The Owner has requested that the Premises be rezoned to a Planned
Development Zone;
(11) The requested rezoning would apply to the building and surrounding property
that are currently zoned Industrial but would not apply to other adjacent
property also owned by Owner that is zoned Office Park Commercial;
(12) The purpose of a Planned Development Zone is to permit, where appropriate,
a degree of flexibility in conventional land use and design regulations that will
encourage development in an imaginative and innovative way while insuring
efficient investment in public improvements, a more suitable environment and
protection of community interest;
(13) Given the nature of the building, its size, the amount of parking available, the
access to a state highway, and other attributes and circumstances regarding
the Premises, uses other than those permitted in an industrial zone would be
compatible with the surrounding area and would provide spaces for uses that
would be helpful to other facilities in the area, including Ithaca College and
Ithacare;
(14) The Town’s Comprehensive Plan encourages light industrial and office park
development in appropriate areas to provide a variety of employment
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opportunities and to increase the tax base;
(15) The Premises meet the Town’s guidelines for light industrial and office park
development, including access to municipal sewer and water, sufficient site
area, safe and efficient road access, access by public transit, and adequate
distance from incompatible uses;
(16) The change of zoning from Industrial to Planned Development Zone is in
accordance with the Comprehensive Plan, will provide flexibility in the
redevelopment of an important facility in the Town consistent with community
needs and character, will increase the variety of employment opportunities,
will increase the tax base, and furthers the health and welfare of the
community; and
(17) The Planning Board has recommended the adoption of this local law and has
approved a site plan for Planned Development Zone No. 12, which approval
will become effective upon the effective date of this law.
B. Only the following uses are permitted of right in Planned Development Zone No. 12:
(1) Bank or other financial institution without a drive-through facility.
(2) Business, administrative or professional offices.
(3) Medical and dental clinics not involving any overnight occupancy.
(4) Optician and related facilities.
(5) Municipal or other governmental offices.
(6) Industrial uses employing electric power or other motor power, or utilizing
hand labor for fabrication or assembly.
(7) Indoor warehousing and indoor storage including self-service storage
facilities.
(8) Printing, publishing and bookbinding.
(9) Research and development facilities utilizing office spaces, indoor scientific
laboratories, and other similar indoor spaces.
(10) Conference and event center.
(11) Off-premises catering.
(12) Packaging/mailing service.
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(13) Arts and crafts gallery or studio.
(14) Educational uses, provided the nature of the use is otherwise authorized in
this Planned Development Zone (e.g. an office used for educational purposes
would be permitted, a dormitory used for educational purposes would not be
permitted).
(15) Any lawful manufacturing activity, except for the uses expressly enumerated
below:
(a) Any of the following factories or works: arsenal, blast furnace, boiler
works, iron, steel, brass or copper foundry, metal ore, smelting,
planing mill, rolling mill and stockyards or slaughter house.
(b) The manufacturing or storage of explosives and gas, oil and other
flammables or petroleum products.
(16) Cafeteria providing dining services primarily for occupants of the building(s)
in Planned Development Zone No. 12.
(17) Fitness center with related shower and ancillary facilities.
(18) Recording studio.
C. The following uses are permitted in Planned Development Zone No. 12 but only upon
receipt of a special permit for same from the Planning Board in accordance with the
procedures set forth in Chapter 270 of the Code of the Town of Ithaca (“Chapter
270"):
(1) Restaurant without a drive-through facility.
(2) Club house, lodge, community center.
(3) Hospital, medical or dental clinic that involves overnight occupancy.
D. The following uses are specifically prohibited in Planned Development Zone No. 12:
(1) Dwelling units, except as an accessory use as set forth below.
(2) Sales of any products at retail to the general public except as the same may be
related to and an incidental by-product of a permitted principal use such as
manufacturing, and except as may be authorized specifically by this local law,
such as restaurant sales or sales related to an arts and crafts gallery or studio.
(3) Motel.
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(4) Hotel.
(5) Adult entertainment business.
(6) Restaurant, bank, or any other enterprise with a drive-through facility.
E. The following accessory uses are permitted in Planned Development Zone No. 12:
(1) Automobile parking and off-street loading areas, subject to the further
requirements of Chapter 270.
(2) Accessory storage buildings, but not to include outside storage.
(3) Signs, as regulated by Chapter 221 of the Code of the Town of Ithaca entitled
“Signs.”
(4) The dwelling of a guard, caretaker or custodian but not more than one
dwelling unit per building.
(5) Guardhouse.
(6) Common recreational areas including playfields, ballfields, tennis and
volleyball courts, swimming pools, walkways, parks, community gardens, and
other similar outdoor recreational facilities.
(7) Incidental retail sales of candy, ice cream, baked goods, flowers, and other
small items intended primarily for occupants and tenants of the Premises.
F. The following accessory uses are permitted in Planned Development Zone No. 12 but
only upon receipt of a special permit for same from the Planning Board in accordance
with the procedures set forth in Chapter 270:
(1) Child day care centers.
(2) Any municipal or public utility structures necessary to the provision of utility
services for the permitted facilities.
(3) Fences up to 8 feet in height if approved by the Planning Board as appropriate
and necessary for any use otherwise permitted by this local law.
G. Any use and construction in Planned Development Zone No. 12 shall be governed by
all of the requirements, including placement of structures, minimum area,
height limitations, yard regulations, building area, minimum usable open space, lot
sizes and areas, off-street loading, access and sidewalks, buffer areas and screening,
displays, performance standards, and similar requirements, of an Industrial Zone,
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except as the same may be specifically modified by the terms of this local law.
H. (1) Except as set forth in subparagraph I below, no building permit shall be issued
for a building or structure within Planned Development Zone No. 12 nor shall
any existing building, structure, occupancy or use in such Zone be changed
unless the proposed building, structure, occupancy and/or use is in accordance
with a site plan approved by the Planning Board or with a modified site plan
approved pursuant to the provisions of Article XXIII and other applicable
provisions of Chapter 270.
(2) In addition to the actions listed in Section 270-191 that require Planning
Board approval of modified site plans, any change in occupancy or use of the
Premises that involves the on-site transport, use, storage or disposal of
hazardous substances shall require prior Planning Board approval of a
modified site plan pursuant to the provisions of Article XXIII.
I. Notwithstanding the immediately preceding subparagraph, no site plan approval shall
be required for any change in occupancy that does not include a change in use, nor for
any modification of use from a use permitted as of right to another use permitted as of
right in Planned Development Zone No. 12, provided:
(1) No new building, no construction on the exterior of any existing buildings,
and no change in any of the facilities outside existing buildings (e.g. lighting,
grading, parking, or other exterior physical feature) are required to effect such
change in occupancy or use; and
(2) All construction related to such change is in the interior of existing buildings;
and
(3) Any construction required in connection with such change complies in all
respects with all applicable building codes and environmental regulations; and
(4) The party effecting such change has obtained, if required by any applicable
building or environmental code:
(a) A building permit; and
(b) Before occupancy of the altered space, a certificate of occupancy; and
(c) The proposed change in occupancy or use does not involve the on-site
transport, use, storage or disposal of hazardous substances.
J. All of the area rezoned pursuant to this local law shall be owned by the same party
and there shall be no subdivision of the area contained in Planned Development Zone
No. 12.
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K. The area encompassed and rezoned in accordance with this local law to Planned
Development Zone No. 12 is described on Schedule A to this local law. The official
zoning map of the Town of Ithaca is hereby amended by adding such zone at the
location described.
L. Any violations of the terms of this local law shall constitute a violation of Chapter 270
of the Code of the Town of Ithaca and shall be punishable as set forth in said Code
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 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 any 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 provisions hereof.”
Section 3. 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 4. 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.
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SCHEDULE A
DESCRIPTION OF PROPERTY TO BE REZONED
TO PLANNED DEVELOPMENT ZONE NO. 12
ALL THAT TRACT OR PARCEL LAND situate in the Town of Ithaca, Tompkins County, New
York, being more particularly described as follows:
COMMENCING at a point in the westerly highway line of Danby Road (N.Y.S. Route 96B)
which point is in the southeasterly corner of premises reputedly owned by I.C.S. Development
Partners, Inc. (734 Deeds 37) and which point is approximately 200 feet northerly from a north
line of the driveway serving what is now known as the South Hill Business Campus at 950 Danby
Road; running thence along the westerly line of Danby Road South 20 51' 37" West a distance
of 168.81 feet; thence South 68 32' 1" East along a highway line of Danby Road a distance of 13
feet to a point; thence South 21 37' 55" West along the westerly line of Danby Road a distance
of 953.16 feet to a point; thence South 22 42' 32" West along the westerly line of Danby Road a
distance of 463.00 feet to a point; thence approximately North 66 West a distance of
approximately 330 feet to a point immediately East of an asphalt parking area; thence
approximately north 84 West a distance of approximately 1030 feet to an iron pipe; thence
North 6 49' 21" East a distance of 832.60 feet to an iron pipe in a southerly line of premises
reputedly of Bracewell (554 Deeds 964); thence South 85 46' 36" East 422.75 feet to a pin set
at the intersection of two stone walls; thence North 7 11' 20" East a distance of 625.43 feet to
an iron pipe found at a southwesterly corner of premises reputedly of Emersub IV, Inc. (592 Deed
1080); thence South 83 51' 55" East along the Emersub IV, Inc. property line a distance of
968.14 feet to a pipe in a southwest corner of premises reputedly of I.C.S. Development Partners,
Inc. (734 Deeds 37); thence South 83 03' 41" East a distance of 414.30 feet to the point or place
of beginning.
The above described premises are more fully shown on a map entitled: “South Hill Business
Campus, 950 Danby Road, Survey Map”, a copy of which is on filed in the Town of Ithaca
Planning Office.
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