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HomeMy WebLinkAboutLL 06 of 2015 Revise SHBC PDZ No 12STATE OF NEW YORK r^ARTMENT OF STATE Commerce Plaza n Vashington Avenue JMY. NY 12231-0001 VWWV.DOS-NY.GOV Andrew M. Cuomo Governor Cesar ATP¥raIe^~ Secretary of State December 16, 2015 Debra DeAugistine Deputy Town Clerk 215 N Tioga Street Ithaca NY 14850 RE: Town of Ithaca, Local Law 6 2015, filed on December 15, 2015 Dear Sir/Madam: The above referenced material was filed by this office as indicated, Additional local law filing forms can be obtained from our website, www.dos.nv.aov. Sincerely, State Records and Law Bureau (518)473-2492 NEW YORK STATE OF OPPORTUNITY- Department of State Local Law Filing New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Piaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state.ny.us/corps (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 □Town □Village (Select one:) of Ithaca Local Law No. 6 of the year 20 is A local law Zoning Chapter 271 of the Town of Ithaca Code, Titled Zoning: Special Land (Insert Title) Use Districts, to Include the Name of the South Hill Business Campus in the Title of Section 271-13, Simplify the Findings, and Modify and Expand the Permitted Uses in Planned Development Zone No. 12 Be it enacted by the Town Board of the (Name of Legislative Body) □County □City ^Town □Village (Select one:) of Ithaca as follows: See attached. (If additional space is needed, attach pages the same size as this sheet, and number each.) DO.S-0239-f-l rRev. 06/12^Panfi 9 nf d (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) (Final adoption by local legislative body only.) nereby certify that the local law annexed hereto, designated as local law No. ® of 20"*^ of ine (County)(City)(Town)(Village) of was duly passed by the Town Board on December 7 20"*^ in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approvai, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the iocal law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapprov on 20| I I , in accordance w ith the applicable provisions of law. (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 . and was (approved)(not approved) lame of Legislative Body) jpassed after disapproval) by the on 20 . (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(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 . 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 iegisiative 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 locai laws or ordinances. DOS-OJ.-^fl-f-l rRfiv. 06/12^ Panfi3nf4 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 City of having been submitted to referendum pursuant to the provisions of section (36)(37) of > Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting reon 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 original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in tIjejTianner indicated in paragraph J , above. \ / J ^ Clerk of the county legislative body, City^ Towq^or Village Clerk or officer-designated by local legislative body (Seal)Date: ( Sj^.vJua. ^ ! \ Dos-n?.^n-f-i rRfiv. nfi/i?r Panfi4of4 Adopted December 7, 2015 Page 1 of 4 TOWN OF ITHACA LOCAL LAW NO. 6 OF THE YEAR 2015 A LOCAL LAW AMENDING ZONING CHAPTER 271 OF THE TOWN OF ITHACA CODE, TITLED ZONING: SPECIAL LAND USE DISTRICTS, TO INCLUDE THE NAME OF THE SOUTH HILL BUSINESS CAMPUS IN THE TITLE OF SECTION 271-13, SIMPLIFY THE FINDINGS, AND MODIFY AND EXPAND THE PERMITTED USES IN PLANNED DEVELOPMENT ZONE NO. 12 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 271-13 is hereby amended by adding the name “South Hill Business Campus” in parentheticals in the title to read as follows: “§ 271-13. Planned Development Zone No. 12 (South Hill Business Campus).” Section 2. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-13.A entitled “Findings”, is amended by deleting Section A and replacing it with a new section 271-13.A reading as follows: “(1) The South Hill Business Campus began as a manufacturing facility for the National Cash Register Company. The plant opened in 1957 and expanded in size over the decades to its current footprint of approximately +/-120,000 square feet, with approximately +/- 225,000 square feet of leasable space. (2) Subsequent changes in ownership and eventual termination of the manufacturing component led to creation of the South Hill Business Campus, a multi-use, multi-tenant facility, accommodating a diversity of business activity. The repurposing of the former manufacturing plant provides important benefits to the community through the sustainable reuse of the existing facility, the variety of employment opportunities, and contributions to the tax base. (3) The rezoning of the property from Industrial to a Planned Development Zone in 2005 has provided the facility with a flexible framework for accommodating a wide range of business interests and activities, and has assisted in fostering the transformation of the former factory into an innovative mixed use facility. (4) The Planning Board approved the initial site plan for Planned Development Zone No. 12 on July 19, 2005 and has subsequently modified the site plan from time to time to address additional improvements requested by the developer.” Section 3. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-13.B is amended by modifying subsections 1 through 3, deleting subsection 4; renumbering subsections 5 through 13 as subsections 4 through 12, modifying newly renumbered subsections 5, 6, 9, and 12, adding new subsections 13 and 14, renumbering Adopted December 7, 2015 Page 2 of 4 former subsections 14 through 18 as subsections 15 through 19; modifying newly renumbered subsections 15, 18 and 19, and adding new subsections 20, 21 and 22, as follows: A. In subsection 1, insert the words “with or” before the words “without a drive- through facility”, so that it reads as follows: “(1) Bank or other financial institution with or without a drive-through facility.” B. In subsection 2, Insert the words “and facilities” at the end of the subsection, so that it reads as follows: “(2) Business, administrative or professional offices and facilities.” C. In subsection 3, remove the word “and” after “Medical” and replace the word “clinics” with “and health and wellness practices”, so that it reads as follows: “(3) Medical, dental, and health and wellness practices not involving any overnight occupancy.” D. Delete subsection 4 in its entirety. E. Renumber former subsections 5 through 13 as subsections 4 through 12. F. In subsection 5, add a comma after the words “hand labor”. G. In subsection 6, add the words “and data storage” at the end of the subsection, so that it reads as follows: “(6) Indoor warehousing and indoor storage including self-service storage facilities and data storage.” H. Delete subsection 9, and replace it with a new subsection 9 reading as follows: “(9) Conference facilities and indoor and outdoor events subject to applicable Town permits and laws.” I. In subsection 12, delete the word “and” and add a comma before the word “crafts”, and add the words “and design” before the word “gallery”, so that it reads as follows: “(12) Arts, crafts and design gallery or studio.” J. Add new subsections 13 and 14, reading as follows: “(13) Performing arts and theatre studio. (14) Design labs and showrooms for testing and evaluating building and design interiors.” K. Renumber former subsections 14 through 18 as subsections 15 through 19. Adopted December 7, 2015 Page 3 of 4 L. In subsection 15, insert the words “and classroom” within the parenthesized sentence after the words “e.g., an office”, so that it reads as follows: “Educational uses, provided the nature of the use is otherwise authorized in this Planned Development Zone (e.g., an office and classroom used for educational purposes would be permitted, a dormitory used for educational purposes would not be permitted).” M. In subsection 18, insert the words “or without” before the words “related shower and ancillary facilities”, so that it reads as follows: “(18) Fitness center with or without related shower and ancillary facilities.” N. Delete subsection 19 and replace it with the following: “(19) Radio, television, recording, film, and broadcast studio.” O. Add new subsections 20 through 22, reading as follows: “(20) The following facilities co-located on the existing structure, provided that they do not extend more than five feet above the highest roof line of the building on which the facility is located, including television, commercial radio, and telecommunications, or other electronic transmission facilities operated pursuant to a license from the Federal Communications Commission or any successor federal or state agency. (21) Automobile parking utilizing existing parking areas for onsite and offsite entities’ parking needs. (22) Places of worship.” Section 4. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-13.C is amended by adding new subsections 4 and 5, reading as follows: “(4) Dwelling units. (5) Uses described above in subsection B(20) that exceed the height threshold may be considered for special permit by the Planning Board and do not also require a height variance if the special permit is granted.” Section 5. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-13.D is amended by deleting subsection 1, renumbering subsections 2 through 6 as subsections 1 through 5, and deleting subsection 5 and replacing it with a new subsection 5 reading as follows: “(5) Restaurants with a drive-through facility.” Adopted December 7, 2015 Page 4 of 4 Section 6. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-13.E is amended by modifying subsection (6) and adding a new subsection (8) as follows: A. Modify subsection (6) by adding the words “, but not limited to,” before the word “playfields”, so that it reads as follows: “(6) Common recreational areas including, but not limited to, playfields, ballfields, tennis and volleyball courts, swimming pools, walkways, parks, community gardens, and other similar outdoor recreational facilities.” B. Add a new subsection 8, reading as follows: “(8) Greenhouses.” Section 7. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-13.G is hereby amended by adding the words “as those requirements may be modified from time to time,” after the words “of an Industrial Zone,” so that it reads as follows: “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, as those requirements may be modified from time to time, except as the same may be specifically modified by the terms of this section.” Section 8. 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 9. This local law shall take effect immediately upon filing with the New York Secretary of State.