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Home My WebLink AboutLL 01 of 2012 Longview PDZ AmendmentsAndrew M. Cuomo Governor ■» -CU-. '' State of New York Department of State One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 Cesar A. Perales Secretary of State Paulette Terwilliger Town Clerk 215 N. Tloga Street Ithaca NY 14850 January 23, 2012 RE: Town of Ithaca, Local Law 1 2012, filed on January 23, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.nv.us. Sincerely, State Records and Law Bureau (518)474-2755 WWW.DOS.STATE.NY.US • E-MAIL: INFO@DOS.STATE.Ny.US NEW YORK STATE DEPARTMENT OF STATE Locdl Lsw FilinQ (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. □ County □ City Ithaca t B Town □ Village Local Law No. J of the year 20 11. A local law Amending Zoning Chapters 271 of the Town of Ithaca Code, Titled "Zoning: Speciai Land (Insert Title) Use Districts," to Add Additionai Parcei to Ithacare's Pianned Deveiopment Zone No. 7, Authorize Use of Parcel for Adult Independent Living Duplexes, and Revise Restrictions on Occupancy Be It enacted by the Board (Name of Legislative Body) □ County □ City , Ithaca . ,,Of as follows: B Town □ Village See attached (If additional space is needed, attach pages the same size as this sheet, and number each.) Dos-239 (Rev. 05/05) Page 1 of 3 (Complete the certification in the paragraph that applies to the filing of this iocai iaw and strike out that which is not appiicabie.) 1. (Final adoption by iocai legislative body oniy.) I hereby certify that the local law annexed hereto, designated as local law No. J of 20 2012 of — the (County)(Clty)(Town)(Vlllage) of Ithaca ^gg ^j^iy pogsed by the (N^ea^isla«vfBdd7) 20 12 ^ in accordance with the applicable provisions of iaw. 2. (Passage by iocai iegisiative body with approvai, no disapprovai or repassage after disapprovai by the Eiective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Clty)(Town)(Vlllage) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Eiective Chief Executive Officer*) on 20 , In accordance w Ith the applicable provisions of law. 3. (Finai adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Clty)(Town)(Village) of was duly passed by the on 20 , and was (approved)( not approved) (Name of Legislative Body) , (repassed after disapproval) by the on 20 (Eiective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permlsslve) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (speclal)(annual) election held on 20 ,. In accordance with the applicable provisions of law. 4. (Subject to permissive referendum and finai adoption because no vaiid petition was fiied requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Clty)(Town)(Vlllage) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , In accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOs-239 (Rev. 05/05) Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of — having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and 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.) I further certify that I have compared the preceding local law with the origin^T^ file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, ap^f^^ds fiij^ly.gt^ptedjjTjJjifijTianner indicated in paragraph _1 , above. . V/Jc ^ Clerk of thecounty legislative^dy, uity. Town or Village Clerk or officer designated by local lejgislative body rSea/; Date: (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 I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County Town Village Date: DOS-239 (Rev. 05/05) Page 3 Of 3 01/09/2012 1 TOWN OF ITHACA LOCAL LAW NO. 1 OF THE YEAR 2012 A LOCAL LAW AMENDING CHAPTER 271 OF THE TOWN OF ITHACA CODE, TITLED ZONING: SPECIAL LAND USE DISTRICTS, TO ADD ADDITIONAL PARCEL TO ITHACARE’S PLANNED DEVELOPMENT ZONE NO. 7, AUTHORIZE USE OF PARCEL FOR ADULT INDEPENDENT LIVING DUPLEXES, AND REVISE RESTRICTIONS ON OCCUPANCY Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 271, Section 271-8 of the Town of Ithaca Code, entitled “Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)”, subsection B is amended as follows: A. Place the existing text in subparagraph (1) into a new subparagraph (1)(a) and add the words “Parcel 1:” at the beginning of subparagraph (1)(a), so that this text reads as follows: “(1) (a) Parcel 1: 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.” B. Add a new subparagraph (1)(b) reading as follows: “(b) Parcel 2: Up to 11 single story detached residential duplex buildings containing up to 22 dwelling units in the aggregate for the provision of independent living accommodations. Each dwelling unit may be occupied by no more than two persons, related or otherwise.” C. In subparagraph (2), add the words “on Parcel 1 and Parcel 2” after “Subject to special approval and site plan approval by the Planning Board the following accessory uses are permitted”, so that this phrase reads as follows: “(2) Subject to special approval and site plan approval by the Planning Board the following accessory uses are permitted on Parcel 1 and Parcel 2:” Section 2. Chapter 271, Section 271-8 of the Town of Ithaca Code, entitled “Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)”, subsection C is amended by adding 01/09/2012 2 the words “for Parcel 1, and a High Density Residential Zone for Parcel 2,” after the words “Medium Density Residential Zone” so that subsection C reads as follows: “C. Any use in this district shall be governed by all of the requirements, including side yards, setbacks, building coverage, building height, and similar requirements, of a Medium Density Residential Zone for Parcel 1, and a High Density Residential Zone for Parcel 2, except as the same may be specifically modified by the terms of this section.” Section 3. Chapter 271, Section 271-8 of the Town of Ithaca Code, entitled “Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)”, subsection D is amended as follows: A. In the second to last sentence of subparagraph (3), replace the phrase “607 feet above City of Ithaca datum” with the phrase “988.56 feet above mean sea level”. B. Delete subparagraph (5) and replace it with a new subparagraph (5) reading as follows: “(5) Each dwelling unit in this Planned Development Zone No. 7 shall be occupied by at least one adult requiring supportive services provided by the owner.” C. Delete subparagraph (6) and replace it with a new subparagraph (6) reading as follows: “(6) There shall be no subdivision of Parcel 1 or Parcel 2 contained in Planned Development Zone No. 7.” D. Delete the first sentence of subparagraph (7) and replace it with a new sentence reading as follows: “There shall be provided at least two parking spaces for every three dwelling units on Parcel 1, and at least one parking space for every dwelling unit on Parcel 2, except that the Planning Board may reduce the required number of spaces on Parcel 1 by no more than 20% in accordance with the criteria set forth in Chapter 270, § 270-227, of the Town of Ithaca Code.” E. Add a new subparagraph 8 reading as follows: “(8) No permits for construction of any of the duplexes shall be issued until water easements for the benefit of the Town for public water mains running from presently existing public water mains on Route 96B to the locations of the proposed distribution points to the duplexes as shown on the final approved site plan are obtained in a form acceptable to the Town of Ithaca from the owner of the lands over which said public water mains 01/09/2012 3 must run, and the same are recorded in the Tompkins County Clerk’s Office.” Section 4. Chapter 271, Section 271-8 of the Town of Ithaca Code, entitled “Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)”, subsection F is amended by deleting subsection F and replacing it with a new subsection F reading as follows: “F. The areas identified and described as Parcel 1 and Parcel 2 that are encompassed and rezoned in accordance with this section to Planned Development Zone No. 7 are described on Schedule A to this section. The Official Zoning Map of the Town of Ithaca is hereby amended by adding such district at the locations described.” Section 5. Chapter 271, Section 271-8 of the Town of Ithaca Code, entitled “Planned Development Zone No. 7 (Limited Mixed Use, Ithacare)”, Schedule A is amended as follows: A. Add the heading “Parcel 1” immediately before the existing property description in Schedule A. B. Add the following text at the end of Schedule A: “Parcel 2 ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins and State of New York bounded and described as follows: BEGINNING at an iron pin set in the westerly line of NYS Route 96B (a/k/a Danby Road) said pin being 36.4± feet westerly from a point in the center line of NYS Route 96B (a/k/a Danby Road) which point is 181± feet north of the intersection of the center line of NYS Route 96B (a/k/a Danby Road) with the center line of Vista Lane; proceeding Thence North 83° 11’ 07” West along the northerly line of premises reputedly now or formerly of L. Martin Bowman (Liber 784 of Deeds at Page 149) a distance of 590.32 feet to an existing iron pipe; proceeding Thence North 84° 50’ 38” West along the northerly line of premises reputedly now or formerly of Margaret M. Rumsey (Liber 619 of Deeds at Page 147) a distance of 249.72 feet to an existing iron pipe; proceeding Thence North 05° 51’ 08” East along the easterly line of premises reputedly now or formerly of Robert E. Cofer III (Liber 611 of Deeds at Page 160) a distance of 426.47 feet to an existing iron pipe; proceeding 01/09/2012 4 Thence South 83° 26’ 05” East along a southerly line of premises now or formerly of Ithacare Center Service Co. (Liber 794 of Deeds at Page 235) a distance of 507.20 feet to an existing iron pipe; Thence South 11° 37’ 53” West along the westerly line of premises reputedly now or formerly of John M. Kelly (Liber 693 of Deeds at Page 255) a distance of 140.0 feet to a set iron pin and passing through an iron pipe at 99.81 feet; proceeding Thence South 83° 26’ 05” East along the south line of said Kelly premises a distance of 153.92 feet to a set iron pin; proceeding Thence South 09° 44’ 49” West along the westerly line of premises marked as Parcel B on the survey map referenced below a distance of 207.82 feet to a set iron pin; proceeding Thence South 83° 11’ 07” East along the southerly line of said Parcel B a distance of 212.22 feet to an iron pin set in the westerly highway line of NYS Route 96B (a/k/a Danby Road); proceeding Thence South 09° 44’ 49” West along the westerly highway line of NYS Route 96B (a/k/a Danby Road) a distance of 75.10 feet to the iron pin set at the point or place of beginning, containing 6.101 acres of land. Reference is hereby made to a survey map incorporated herein by reference entitled “Subdivision Map, No. 1006 Danby Road, Town of Ithaca, Tompkins County, New York” dated March 28, 2000, said map was filed in the Tompkins County Clerk’s Office on September 25, 2000 in Map Drawer PP Page 77. The above described parcel is shown as Parcel A on said survey map.” Section 6. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 7. This local law shall take effect immediately upon filing with the New York Secretary of State.