HomeMy WebLinkAboutLL 14 of 1995 SLUD Cornell Precinct 7SPECIAL LAND USE DISTRICT
Local Law No. - 1995
A lcx:al law to amend the zoning ordinance to provide a special
LAND USE DISTRICT (LIMITED MIXED USE) FOR THE CORNELL UNIVERSITY
PRECINCT 7
WHEB^AS, Cornell University has plans for long-term development of a portion of the
Cornell University Campus known generally as Precinct 7 of the recent Planning Study done by
Cornell; and
WHEREAS, the plans are for development of this are solely for educational purposes and
to further the education mission of the University; and
WHEREAS, in order to assess the short and long term environmental and other effects
of development of this area, the University voluntarily undertook to prepare a Draft Generic
Environmental Impact Statement ("DGEIS"); and
WHEREAS, the Town, Cornell, and many residents of the Town have participated in the
analysis of the proposed development and the drafting of the DGEIS; and
WHEREAS, the DGEIS has now been completed and a Final Generic Environmental
Impact Statement ("FGEIS") has been prepared by the Town, taking into account the concerns
and comments expressed at several public hearings on the proposed development; and
WHEREAS, the Town's Planning Board and Town Board have issued findings relating
to the proposed development and the FGEIS which, among other matters, set forth steps to
mitigate, in part, some of the potential effects of the proposed development; and
WHEREAS, it has been concluded that a rezoning of the area from R-30 to a Special
Land Use District would provide the most flexibility for the University to achieve its goals while
preserving to the Town the ability to continue to regulate the proposed development to assure
compliance with the Town's overall comprehensive plan and environmental requirements; and
WHEREAS, it is the intent of Comell and the Town in connection with such regulation
to continue to evaluate both the individual impacts of site specific projects as well as the
cumulative impacts of all development taking place in Precinct 7;
NOW THEREFORE, in view of the recitals set forth above, the information and materials
contained in the FGEIS and related findings, in furtherance of the Town's Comprehensive Plan,
and upon the request of Comell University, the Zoning Ordinance of the Town of Ithaca as
readopted, amended, effective February 26,1968, and subsequently amended, be further amended
as follows:
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1. Ordinance Amended. Article 2» 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 No. 9", which Special Land Use District is shown on
a map entitled "Site Plan Cornell University Precinct No. 7 Town of Ithaca Special Land Use
District No. 9" dated August 10, 1995, a copy of which map was filed with the Town of Ithaca
Planning Department (which map is hereinafter referred to as the "Special Land Use District
Map") and which District consists of all of the lands bounded as follows:
North of the centerline of Cascadilla Creek;
South of the centerline of Route 366;
East of the intersection of the above; and
West of Town of Dryden Line.
2. Uses Permitted. The uses permitted in this Special Land Use District are set forth
below, all of which uses shall be conducted by an educational institution or an agency or third
party affiliated with an educational institution. The permitted uses are:
(a) Classroom, assembly, seminar and studio buildings.
(b) Offices for or associated with educational purposes.
(c) Libraries.
(d) Greenhouses for or associated with educational purposes.
(e) Gardens, natural areas, agricultural plots and fields, and orchards for or associated
with educational purposes.
(f) Laboratories for or associated with educational purposes.
(g) No more than one retail store which sells primarily orchard products and other
products produced on or by Cornell facilities and which store is largely an ancillary
activity to the Cornell Orchards.
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3. Educational Uses Permitted with a Special Approval. In addition the following
uses, as part of, associated with, or in support of educational purposes conducted by an
educational institution or an agency or third party affiliated with an educational institution and
not primarily intended for the general public, are permitted but only upon receipt of a special
approval for same by the Planning Board in accordance with the procedures described below:
(a) Conference centers.
(b) Restaurants, cafeterias or other food service uses.
(c) The following convenience, service, or business facilities provided the same are in
buildings owned by an educational institution and provide services principally to the
students, staff and employees of the same educational institution and are not provided
primarily for the general public's use and are contained in areas of 2,000 square feet of
floor area or less:
(i) Bookstore;
(ii) Travel agency;
(iii) Bank;
(iv) Parcel pick-up & delivery;
(v) Printing or copying facilities;
(vi) Convenience food markets.
(d) Athletic, health, recreational or cultural facilities.
(e) Child day care or elder day care center, medical center.
(f) Maintenance, repair, servicing, utility, supply and storage facilities provided the same
are owned by, and are provided solely to service, an educational institution and are not
provided for the general public's use.
(g) Bams and other animal handling facilities used in the furtherance of the teaching
and/or research functions of an educational institution.
(h) Antennae, ray domes, satellite dishes, and similar technical or scientific structures
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provided the same are used solely by an educational institution in furtherance of its
teaching or research programs and are not permitted accessory uses set forth below.
(i) Offices, laboratories, or greenhouses owned by third parties but sponsored by,
affiliated with or cooperating with, an educational institution for mutual benefit
(j) Off street parking lots or garages which are not permitted accessory uses set forth
below.
4. Other Uses Permitted with a Special Approval. In addition, the following public
and quasi-public offices and facilities are permitted but only upon receipt of a special approval
for same from the Planning Board in accordance with the procedures described below:
(a) Post Office;
(b) Fire station;
(c) Local, state or federal govenunental offices.
5. Accessory Uses. Permitted accessory uses shall include the following:
(a) Off-street garage or parking spaces for employees, occupants, users or visitors in
connection with a use permitted above, but subject to the provisions governing parking
set forth in Section 7(o) of this local law and
(i) Providing parking for no more than twenty cars; or
(ii) Providing parking accessory to a building for which site plan approval has
been obtained and the parking arrangements were shown on the site plan as so
approved.
(b) Parking garages primarily for employees, occupants, users or visitors to a use
specified in paragraph 2 above, and located wholly within or underneath such structure
or use specified in paragraph 2 above, and not occupying more than 25% of the
structure's total floor area nor involving spaces for more than 20 cars.
(c) Outdoor recreational areas including walkways, parks, trails, picnic tables, and other
similar recreational facilities.
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(d) The following accessory buildings no larger than 2,000 square feet of floor area:
(i) Storage sheds;
(ii) Pavilions;
(iii) Gazebos;
(iv) Bus shelters; or
(v) Storage tanks.
(e) Accessory uses within a use permitted above, such as employee or student cafeteria,
and lunch room but not larger than 2,000 square feet in size unless included in the
original plans of a structure
(i) For which site plan or a special approval is being sought; or
(ii) For which such approvals were previously obtained;
in which event the size may be as approved by the Planning Board, even if larger than
2,000 square feet
(f) Any municipal, public, or privately owned utility facility, 2,000 square feet or less
in size, necessary to the development or maintenance of utility services for a principal use
permitted above.
(g) Signs, associated with the above uses but only in accordance with the Town of Ithaca
Sign Ordinance or similar law as then in effect
(h) Antennae, ray domes, satellite dishes, and similar technical or scientific structures
provided the same are used solely by an educational institution in furtherance of its
teaching or research programs and are not more than 12 feet in height nor more than 12
feet in diameter.
(i) Upon receipt of special approval from the Planning Board, any municipal, public, or
privately owned utility facility, larger than 2,000 square feet in size, necessary to the
development or maintenance of utility services for a principal use permitted above.
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6. Overall Density Limitation. No more than 4,000,000 square feet of enclosed space
(including space below, at, and above grade level) shall be permitted within the boundaries of
this Special Land Use District
7. Performance Standards. Notwithstanding the foregoing, any use permitted in this
Special Land Use District shall be in conformity with the following additional standards:
(a) Density: Total maximum Floor Area Ratio (FAR) of 0.9 for each site as well as for
the aggregate of all developed sites in the Special Land Use District exclusive of the
Natural Area. FAR is building floor area above grade divided by the total ground area
of the site as hereinafter defined. Ground area is any given piece of land of any size so
long as all. buildings on it are counted and a given piece, or any part of a piece of land
is not counted more than once. For example a building one story above grade, having
a ground area defined as the size of its footprint, has a FAR of 1.0. The same amount
of floor space in two stories above grade, that is covering half of the ground area of the
original lot, would also be FAR 1.0. The same amount of floor space in 8 stories,
covering l/8th of the original lot, is also FAR 1.0. However, a building with half the
square feet of floor space placed on the same lot would have a FAR of 0.5 regardless of
the number of stories into which the floor area is divided.
(b) Height: The maximum height of buildings and structures shall be as follows:
(i) No building shall be erected, altered, or extended to exceed a maximum
height of 50 feet measured from the lowest point of grade at the exterior building
wall to the highest point of the roof of the building, but excluding rooftop
appurtenances such as mechanical equipment, exhaust pipes, radio antenna
provided such appurtenances do not themselves exceed an additional 12 feet in
height Upon special approval of the Planning Board, the height limitation of 50
feet may be increased to a maximum of 70 feet If the lowest point of grade at
the exterior building wall is an exterior entrance to a basement, or a loading dock,
or some other form of access to a basement area, or a combination thereof, and
if in the aggregate such basement access and loading docks do not exceed more
than ten percent (10%) of the entire perimeter of the building, such basement
access or loading dock area may be excluded in determining the lowest point of
grade at the exterior building wall. The Planning Board may, in its discretion,
grant a special approval excluding up to an additional ten percent (10%) of
building perimeter dedicated to basement access or loading docks for purposes of
height calculations if it determines that in so doing (in addition to the other
criteria or considerations governing the granting of special approvals)
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(A) The overall visual impact of the mass of the building will not be
significantly increased; and
(B) The building will be adequately screened by berms, landscaping, or
. other methods to maintain a visual impact from all perspectives
substantially consistent with the impacts that would be the result had the
building been constructed without excluding additional perimeter footage
from the height calculation; and
(C) The proposed use of the building requires additional basement
access and/or loading dock space; and
(D) The increased height will not adversely affect the visual character
of the general area surrounding the proposed building.
(ii) No structure, other than a building, shall be erected, altered, or extended
to exceed fifty (50) feet in height.
(c) Ground Coverage: Total coverage of ground by structures, road pavement, parking
lots and pedestrian area pavements shall not exceed 45% of the site nor 45% of the
aggregate of all developed sites in the Special Land Use District Total maximum ground
coverage by buildings alone shall not exceed 25% of the site nor 25% of the aggregate
of all developed sites of the Special Land Use District. For the purpose of this paragraph,
the area contained in the Natural Area shall be not be included in any calculation of
ground coverage (i.e. the 55% of open space shall be in addition to the lands contained
in the Natural Area).
(d) Road Setback: Road setbacks shall be as follows:
(i) From Route 366, Game Farm Road, and any other publicly owned road, a
front setback of at least 75 feet from the road right-of-way line. In addition, if a
building exceeds 30 feet in height above grade, the set back from a public road
shall be increased 1 foot for each one foot of height in excess of 30 feet.
(ii) From a privately owned road that provides access to facilities within the
Special Land Use District but which roads are not conveyed to or maintained by
a governmental entity, a front setback of at least 60 feet from the centerline of
such road.
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(e) Noise: No use shall operate or cause to be operated any source of sound in such a
manner as to create a sound level which exceeds the limits set forth for the land use
category stated below when measured at the boundary of the site nearest the receiving
land use.
Receiving Sound
Land Use Category Time Level Limit
Residential Use 7 a.m. - 7 p.m.65 dBa
7 p.m. - 7 a.ra.55 dBa
Natural Areas 7 a.m. - 7 p.m.60 dBa
7 p.m. - 7 a.m.50 dBa
All Other 7 a.m. - 7 p.m.68 dBa
7 p.m. - 7 a.ra.58 dBa
^ For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the
maximum sound limits set forth above shall be reduced by 5 dBa.
(f) Vibration: No activity shall cause or create a discernible steady state or impact
vibration at or beyond the boundary of the site.
(g) Atmospheric Emissions: There shall be no emission of dust, dirt, smoke, fly ash, or
noxious gases or other noxious substances which could cause damage to the health of
persons, animals, or plant life.
(h) Odor: There shall be no emission of any offensive odor discernible at the boundary
of the site. This standard is not intended to restrict customary agricultural practices.
(i) Glare and Heat: No glare or heat shall be produced that is perceptible beyond the
boundaries of the site. Exterior illumination shall be shaded and directed to prevent glare
or U-affic hazard on surrounding properties and streets.
(j) Radioactivitv and Electromagnetic Interference: No activities shall be permitted
which emit dangerous radioactivity. No activities shall be permitted which produce any
electromagnetic disturbance adversely affecting the operation of any equipment outside
the boundary of the site.
(k) Fire and Explosion Hazards: All activities involving, and all storage of inflammable
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and explosive materials, shall be provided with adequate safety devices against the hazard
of fire and explosion and with adequate fire-fighting and fire suppression equipment and
devices standard in the industry and as may be required by any applicable codes, laws,
or regulations. All burning of such waste materials in open fires is prohibited.
(1) Vermin:- There shall be no storage of material, either indoors or out, in such a
manner that it attracts or facilitates the breeding of vermin or endangers public health or
the environment in any way.
(m) Natural Areas Protection: No new structure shall be built within a Natural Area
(Cascadilla Creek Stream Corridor, McGowan Woods) as shown on the Special Land Use
District Map, or within 75 feet of a Natural Area, without first obtaining the Special
Approval of the Planning Board. In addition to the other criteria governing granting of
Special Approvals, the Planning Board shall not grant Special Approval for such a
structure unless the Board finds the proposed structure and its proposed location
(i) Is related to, can be made an integral part of, and enhances the recreational
or educational use and enjoyment of, the Natural Area (such as a trail, bench, or
observation platform), or
(ii) Is a necessary addition to a structure that had already been constructed within
the Natural Area or the 75 foot buffer at the effective date of the creation of this
Special Land Use District; or
(iii) In the case of Cascadilla Creek is
(A) Necessary to provide a pedestrian or bicycle (but not motorized
vehicle) connection between the Special Land Use District and the Bast
Hill Plaza area; or
(B) Necessary to provide utility connections for water, sewer, electricity,
telephone or natural gas between the Special Land Use District and the
East Hill Plaza area;
and in any event
(iv) Accomplishes its purpose in the least intrusive manner to the environment
of the Naturi Area and is compatible with the natural and undeveloped character
of the lands sought to be protected as the Natural Area. This last criteria is
^ applicable to all of the construction referred to in subparagraphs (i) - (iii) above.
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(n) View Area Protection: No new structure shall be built within the View Area (an
area bounded on the north by Route 366, on the east by Town of Dryden line, and on the
south by the a line commencing at a point approximately 21(X) feet southwesterly along
the centerline of Route 366 from its intersection with the centerline of Game Farm Road
[which point is at the intersection of the centerline of Route 366 and the centerline of a
service road to the Boyce Thompson research facility running southeast] and running
east-southeast to the northwest comer of McGowan Woods and then easterly along the
north line of McGowan Woods to the Dryden Town line) as shown on the Special Land
Use District Map except
(i) Roads for serving existing facilities in or adjacent to the View Area; and
(ii) Upon receipt of site plan approval and special approval from the Planning
Board such stmctures as are
(A) Necessary additions to the existing Foundation Seed building;or
^ (B) Small (less than 15 feet in height [as defined in Section 1. 4-c and 1.
' ^ 4-d of the Zoning Ordinance] and, in the aggregate less than 2000 square
feet in area [whether one or more buildings, the total square footage of all
of the buildings will not exceed 20(X) square feet]) stmctures and are
integral to the agricultural or recreational use of the land in the View Area;
or
(C) Lamp posts of up to 25 feet in height provided the same are located
within one hundred feet of the existing Foundation Seed building or are
street lights adjacent to a presently existing road or road approved as part
of a site plan approval of the Planning Board;
and in any event
(D) Appropriate for accomplishing their purpose in the least intmsive
manner to the view of Mount Pleasant and its environs and to the open
space character sought to be protected by the View Area,
Any stmctures constmcted pursuant to site plan and special approval shall be screened
by vegetation, such as shmbs, as may be approved by the Planning Board provided such
screening shall not exceed 20 feet in height, not interfere with the view of Mount Pleasant
and its environs from Route 366, and not interfere with the open space character of the
^ View Area.
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(o) Parking: Off-street parking for vehicles and bicycles shall be provided to serve
each facility constructed within this Special Land Use District which are occupied by
human beings for more than four hours a day. The standards which follow are intended
to provide a basis for determining a minimal amount of offstreet parking for uses that are
expected to occur in the Special Land Use District In applying these standards, the
Planning Board should recognize that shared parking will be common and desirable for
educational uses within the Special Land Use District because peak demands will often
occur at different times. In addition, the site plan procedures listed in Section 9 of this
local law provide alternative procedures for determining the number of required parking
spaces based on the submission of a parking needs assessment and parking management
plan. Unless the alternative procedures in Section 9 are applied, or unless another number
of spaces are specified below or elsewhere in this local law or the zoning ordinance, the
amount of parldng to be provided shall be a minimum of
(i) one parking space for each 1200 square feet of enclosed space, or
(ii) two spaces per three occupants intended to be assigned to the facility,
/ N whichever of subparagraphs (i) or (ii) results in the greater number of parking spaces.
In the case of the following uses a minimum number of off-street parking spaces shall be
provided in accordance with the following schedule:
Classroom, assemblv. seminar and studio buildings: 2 spaces for each classroom, seminar
room or studio, and one space for each five seats in any large assembly room (containing
more than 200 seats) not used exclusively for classroom teaching.
Offices: One space for each 300 square feet of office area, excluding hallways and
common areas, or, where the number of assigned occupants is known, two spaces for each
three occupants assigned to the facility, whichever results in the greater number of spaces.
Libraries: Either
(a) One space for each 300 square feet of office area and one space for each
400 feet of other enclosed floor space; or
(b) One space for each three occupants assigned to the facility plus one space
for each eight seats assigned to public, faculty, or student reading or research
areas;
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whichever results in the greater number of spaces.
Restaurant (where service is provided to persons seated at tables^: One space for each
five seats.
Cafeterias or other food service uses (where service is buffet or cafeteria stvle^: One
space for each three occupants assigned to the facility plus one space for each ten seats.
Retail store and convenience, service and business facilities listed in Section 3(c) of this
local law and not otherwise enumerated in this section: One space for each 200 square
feet of ground floor sales space plus one space for each 500 square feet of any other floor
area in the facility.
Maintenance, storage and repair facilities: bams and other animal handling facilities: One
space for each three occupants assigned to the facility.
Greenhouses: One space for each three occupants assigned to the facility.
Conference centers: One space for each guest room for overnight occupancy, plus one
space for each three employees assigned to the facility, plus additional spaces for any
accessory restaurant, retail, office, meeting room, auditorium or other use, based upon the
standards for those uses established in this section.
Research facilities or laboratories: Two spaces for each three occupants assigned to the
facility.
For the purposes of the above parking standards, the term "occupants" shall include
employees, student interns, research associates, faculty, or any other person occupying the
facility. The term "assigned to the facility" means those occupants normally occupying
the facility on a regular basis, whether full-time or part-time. However, a student who
merely attends a class on a regular basis shall not, by reason of such attendance alone,
be deemed "assigned" to the facility.
The number of parking spaces, the manner of construction of parking spaces, and the
permitted location of parking spaces shall be as set forth in this local law. Where no
specific provision is made herein, parking spaces shall be regulated as set forth in
Sections 45 and 69 of the Zoning Ordinance. Where there is a conflict between the
provisions of such sections and the provisions of this local law, the provisions of this
local law shall control.
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In the event that a federally or state owned or funded project is constructed in the Special
Land Use District, and by reason of such ownership of funding such project at the time
of its construction is not subject to the requirements of this ordinance and such project
was constructed with fewer parking spaces than would have otherwise been required to
comply with this ordinance, the Planning Board, in conjimction with any subsequent
project that is subject to this ordinance, may require construction of additional parking
spaces or may require alternative traffic management plans satisfactory to such Board to
compensate for the deficit.
8. Site Plan Approval. A site plan for a proposed use must be submitted and approved
by the Planning Board before a building permit may be issued, in conformance with site plan
requirements set forth at Sections 46-a et. seq. of the Zoning Ordinance. Unless specifically
requested by the Planning Board, property lines and adjacent public streets need not be shown
on the site plan submitted if in excess of 300 feet distant from the proposed site, but shall be
shown on a location map. Further, subparagraph 4 of Section 46-b shall be modified as to site
plan approvals previously granted to structures in the special land use district, or to structures not
required to have had a site plan approval at the time of original construction, to provide that no
approval of the modified site plan by the Planning Board shall be required if the modification:
(a) Involves
(i) Construction of a new building or structure with a footprint of 2,000 square
feet or less; or
(ii) Alteration of an existing structure involving the addition or modification of
less than
(A) 10,000 square feet or
(B) 10% of the enclosed space of any structure of greater than 20,000
square feet of enclosed space, whether on one or more stories,
whichever is less; or
(iii) Construction or relocation of fewer than 20 parking spaces provided there is
no net reduction in parking spaces; or
(iv) Any maintenance or repairs not materially affecting the appearance of the
site, or construction, repairs, alterations, or renovations materially affecting the
exterior of a building or the site where exterior work is anticipated to cost less
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than $100,000 (1993 price, subject to Cost of Living Index adjustment);
and in any event
(b) does not alter proposed traffic flows and access; and
(c) does not directly violate any express conditions imposed by the Planning Board in
granting any prior site plan approval.
9. Procedures Related to Site Plans. In considering whether or not to grant site plan
approval, the Planning Board
(a) Shall, to the extent appropriate, utilize the considerations set forth in Section 46-d
and other provisions of the Zoning Ordinance, or any successor statute, and, in addition,
consider whether
(i) The proposed project and such designated area meet the requirements of
this Special Land Use District such as density, ground coverage, noise, etc. set
forth above (e.g. sufficient land area should be included and designated for this
site so that the proposed building(s) on the site do not exceed 25% of the site);
and
(ii) Adequate measures, such as traffic demand management control, exist so
as to minimize or eliminate the addition of vehicular traffic on neighborhood roads
used to access the proposed project in the Special Land Use District taking into
account any cumulative increases which may have resulted from previous
development of Precinct 7 (Trip generating characteristics of proposed projects
shall be evaluated on the basis of each project*s potential to generate additional
vehicle trips on the surrounding road network and may include consideration of
trip generating characteristics presented in the then current Institute of
Transportation Engineers Trip Generation Manual, other trip generation data from
sources such as the American Planning Association's Planning Advisory Service,
and the Urban Land Institute as well as local project data as may be available
from the Ithaca-Tompkins County Transportation Council, Cornell University or
other agencies, institutions or sources); and in any event
(b) Shall, to the extent appropriate, impose upon the applicant such reasonable
conditions as it deems necessary to protect the general welfare of the community, to
assure adequate compliance with all applicable provisions of this Local Law or the
f
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Zoning Ordinance, or to minimize or eliminate any significant adverse environmental
effects (including traffic impacts referred to above) that may occur as a result of the
approval of the site plan.
(c) May authorize the required minimum number of parking spaces to be reduced to
a number determined by the Planning Board if the following circumstances exist:
(i) The occupancy of the building or buildings is such that fewer than the
number of spaces required by this local law would be needed to accommodate the
reasonably anticipated number of cars that will be traveling to, and/or parking at,
' the buildings; or
(ii) Adequate traffic demand management control plans are or will be in place
to assure fewer parking spaces than otherwise required by this local law will be
needed at the project;
and in either event
(iii) The reduction in the number of parking spaces will not adversely affect
traffic flow on the project site or elsewhere, will leave adequate parking for all of
the reasonably anticipated uses or occupancies in the project, and will not
otherwise adversely affect the general welfare of the community.
If the owner seeks a reduction in the required number of spaces, unless waived by the
Planning Board the owner shall submit a parking needs assessment and parking
management plan for the specific facility, demonstrating that some lesser number of
parking spaces would be appropriate for that facility, taking into consideration the overall
parking situation and plans for both the Special Land Use District and the overall Cornell
University Campus, as well as the projected reductions in parking spaces that could be
expected to occur as a result of any transportation demand management program in effect
or planned by the owner.
If the Planning Board permits a reduction in the required number of parking spaces, the
Planning Board may impose such reasonable conditions as may, in the judgment of the
Planning Board, be necessary to assure that such reduction will meet the criteria set forth
above. In any event, unless expressly waived by the Planning Board, such reduction shall
be subject to the following additional conditions:
(v) Any space that is made available by the reduction in the required number
of parking spaces may not be used for construction of any structures, other than
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those specifically approved by the Planning Board.
(vi) Any land made available by virtue of such reduction be landscaped with
grass or other vegetation approved by the Planning Board, or developed with such
other amenities approved by the Planning Board as would allow relatively easy
conversion to parking spaces.
(vii) If, any time within five years after construction of the project is completed
(completion of construction to be the date a permanent certificate of occupancy
has been issued by the Town for the entire project) or at any time after completion
when an application for modification of the site plan is submitted, the parking is
found to be inadequate because
(A) The demand for parking to serve the subject facility exceeds on
more than four occasions annually the amount of parking (temporary or
permanent) provided; or
(B) The traffic flow creates an undesirable or hazardous condition by
reason of the reduction of parking spaces; or
(C) There is repeatedly undue congestion in the parking areas by reason
of the reduction of parking spaces;
then the owner of the project will submit to the Planning Board for its approval
a plan that will eliminate Ae noted adverse effects resulting from the reduction in
the required number of parking spaces and implement such plan within the time
period directed by the Planning Board. Such plan may include increasing the
number of parking spaces, creating or modifying any traffic demand management
control plans, increasing public transportation, or any other corrective measures
deemed appropriate by the owner. Such plan shall be presented to the Planning
Board within thirty days of the notification to the owner of the existence of the
adverse effects, and the Planning Board shall review and approve or disapprove
(or, with the consent of the owner, modify) said plan within sixty days of its
receipt If approved, the plan shall be implemented within the time period
specified by the Planning Board, but in any event within 90 days of its adoption.
If no plan is submitted, or if it is not approved or subsequently implemented
within the required time periods or such extended time periods as maybe agreed
to by the owner and the Planning Board, the owner shall install additional parking
spaces up to the minimum number that would have been otherwise required by the
terms of this ordinance without granting any reduction. Unless waived by the
/
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Planning Board, the granting of the requested reduction in parking shall be
conditioned on the applicant executing an agreement in form acceptable to the
Planning Board and acceptable for recording in the Tompkins County Clerk's
Office agreeing to install the additional parking spaces as may be required by the
above conditions.
In the event there is (whether before or after the five year period set forth above)
any significant change in use, or a subdivision of the project site, or a sale of a
portion of the site, with respect to which a reduction in the required number of
parking spaces has been granted, such change, subdivision, or sale may be
conditioned upon a requirement that additional parking spaces be required up to
the minimum that would have otherwise been required but for the reduction
granted pursuant to these provisions.
(d) May, notwithstanding the provisions of this local law and Sections 45 and 69 of the
Zoning Ordinance, authorize the placement of parking spaces in the front yard of any
building or in a buffer area (except for any buffer area adjacent to a Natural Area) when
the Planning Board Hnds that such location will be preferable to locations outside of the
front yard or buffer area.
10. Completion or Updating of Special Land Use District Map. Without limiting the
foregoing, the Planning Board may require, as a condition of approval of any site plan, that the
Special Land Use District Map be completed and updated to show the approved site plan,
together with all other sites that are related to buildings in the Special Land Use District-in
existence on the effective date of this Local Law.
11. Special Approval. In granting Special Approval in any instance specified above, and
in addition to the criteria for site plan approval, the Planning Board shall, to the extent
appropriate, determine that:
(a) The health, safety, morals and general welfare of the community in harmony with the
general purpose of this ordinance shall be promoted.
(b) The premises are reasonably adapted to the proposed use.
(c) The proposed use and the location and design of any structure shall be consistent
with the character of the district in which it is located.
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(d) Consideration has been given to minimizing adverse impacts of the proposed use
upon any Natural Area or View Area.
(e) The proposed use shall not be detrimental to the general amenity or neighborhood
character in amounts sufficient to devaluate neighboring property or seriously
inconvenience neighboring inhabitants.
(f) The proposed access and egress for all structures and uses shall be safely designed.
(g) The general effect of the proposed use upon the community as a whole, including
such items as traffic load upon public streets and load upon water and sewerage systems
is not detrimental to the health, safety and general welfare of the community. Without
limiting any of the foregoing, in determining whether the effect of traffic generated by
the project is so adverse as to preclude construction of the project, the Board shall
consider whether adequate measures such as traffic demand management control, exist so
as to minimize or eliminate the addition of vehicular traffic on neighborhood roads used
to access the proposed project in the Special Land Use District.
The Planning Board may impose upon the applicant such reasonable conditions as it
deems necessary to protect the general welfare of the community.
12. Definitions. For the purposes of this Special Land Use District, the following terms
shall have the following meanings and shall be subject to the following procedures:
(a) Site. A "site" shall be initially the area of land designated by the applicant to be
allocated to a proposed project (or, in the case of existing structures, to the existing
project or structure). If the applicant desires
(i) After having previously obtained site plan and/or special approval to
(A) Decrease or reconfigure such site; or
(B) Add one or more structures to such site; or
(ii) To add one or more structures to an area presently in existence for which no
site plan or special approval has been heretofore obtained,
the applicant may apply for a modification to the previous site plan and/or special
approval and may, at the applicant's discretion, request that the site previously approved
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be reconfigured, enlarged, or reduced in size so that the proposed modified site with any
proposed additional structures would be in compliance with the performance standards
and other requirements set forth above or elsewhere in this Ordinance. The criteria
applicable to the review of initial site plan and or special approval applications shall be
equally applicable to the application for a modiHcation of a site plan or site. However,
in reconHguring, enlarging or reducing the area of a site, no piece of land shall be
designated as part of more than one site (i.e. no piece of land may be counted for
compliance purposes for two sites).
Notwithstanding the foregoing, no site shall exceed 30 acres in size, nor shall any site
include any land within a Natural Area.
(b) Owned. Property is "owned" by the person(s) or entity(ies) holding the fee title to
at least a 51% interest in the property, except that if the property is leased under a
written, bona fide, recorded lease for a term of more than 35 years, the property shall be
deemed "owned" by the person(s) or entity(ies) holding at least a 51% interest as tenant
in such lease. If a requirement for a permitted use in this Special Land Use District is
ownership by an educational institution, at least 51% of the interest in the property must
be held by such institution to qualify (i.e, the educational institution must "own" the
property).
(c) Educational Institution. An "educational institution" is a corporation, foundation, or
other generally recognized entity organized and operated principally for the purpose of
educating persons with essentially three components: (1) a curriculum; (2) a plant
consisting of adequate physical facilities; and (3) a properly qualified and accredited staff
to carry out its educational objectives. The following are included as educational
institutions:
(i) A college or university chartered by the State of New York.
(ii) A college or university or post-graduate institution providing a recognized
course of study and accredited by a recognized accrediting organization.
(iii) A public school operated by a state-recognized Board of Education.
(iv) A private school having received appropriate approval from the Board of
Regents or Department of Education of the State of New York to operate as a
school.
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13. Amendment of 2k>ning Map. The official zoning map of the Town of Ithaca is
hereby amended by adding this Special Land Use District in the area described above.
14. Invalidity of Portion of Local Law. In the event that any portion of this local 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.
15. Effective Date. This law shall take effect 20 days after its adoption or the date it
is filed in the Office of the Secretary of State, whichever is later.
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