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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; 1 (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 2 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. 3 (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. 4 (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, 5 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. 6 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. . 7 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. 8