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HomeMy WebLinkAbout1987 LL 06 - Rezone Seven Mile Dr Parcel to Mobile Home Park (Please Use this Form for Filing your Local Yaw with the secretary of state) Text of law should be given as amended. Do not include matter being eliminated and dd not use italics or underlining to indicate new natter. af.. Ithaca . TOM .........M.........................._... »....... ...... . .._:.... raw I;W-- l Law leo.»�»� �? of t6 yew 199-..,.87 local laar tO I4D Iii ZONI1 G ORDINAN!MBY BEZONINC /� PO fION OF LAID) .. »_.�........................._........... ......... L�...) AT : °6-146 SEVEN MILE. DRIVE FROMR-3p (RESIDENTIAL DISTRICTY TO 11.5 (MOBILE HOME PARK DISTR.iCT) Be it etaad by the K .._».._ BOARD ... ...»_. » A . ».... of f he . .................. 49 of * ITHAACA covin - _... ».r.r..__ ».....»._... ................._.,..a._.......,.,,.............as follows, OEM The Zoning Ordinance of the `.Powe of Ithaca as readopted, amended and revised e.f;f-,`:dive February 26, 1968 and subsequently-amended, be further az -id7 ed. as follows: -aep dated. .July 1, 1954, as amended to date, is here-by further - nded by rezoning the lands described on Schedule A ira vari-ysrated into this local law from residence district R-30 to resid4•x7e district. R--5 (mobile home par'x district) . 2. `ibe area so rezoned is subject, in addition to the conditions set forth in Article IIA to the following additional conditions: (a) A buffer zone 30 feet in depth from the right of way of Seven Mile Drive be established within one year from the effective date of this local law. (b) 'the density of, the present, non-•confonvdmg, existing mobwi.le hone park, be ieduced from 24 to 22 mobile homes within one year from the effective date of this local la,,, and to 20 mobile hams within three years of the effective date of this local law.. (c) The total number of mobile homes within the area being rezoned (including the existing park.and the planned ea�nsion.of sar,ae) shall not exceed 52. fad'{If additional s ace is needed, lease attach sheets of the same size as this and number each) Pa vs+ t 71,.� k (d) The expansion of. the park shall occur in phases. The first Viz'-lase shall consist of no more than ten new units plus removal of up to two units from the existing park to the propo:,:,�,d expansion area. Building permits for no more,than such twelve new units may be issued during the first year following enactment of this local law. After such twelve building permits are issued and mobile homes installed with respect to all of such permits, no further building permits shall be issued until (i } The developer, in cooperation with the Town of Ithaca Engineer and the Tompkins County Health Department, conducts such tests as the To,,m Engineer may reasonably require to determine the impact of the additional units on the water and septic systems of the Park and surrounding neighbors; and (ii ) The Town Engineer reports to the Planning Board the results of such tests, and (iii) The Planning Board is reasonably satisfied that the addition of such twelve units has not had a significant adverse impact (a) upon the quality and adequacy of water for the remainder of the Park and for the surrounding landowners.(or if a significant impact is found, such impact will.be ameliorated by the imminent availability of public water) or (b) upon the q.ality, adequacy, and effectiveness of the septic systems for the Park and surrounding neighbors, and (iv ) The Planning Board is reasonably satisfied that the addition of up to ten more units (Phase Two units) will have r;°, such significant- impact in the future upon water suppl,Les and septic systems. Upon making such determination, and subject. to such other additional conditions as the Planning Board may reasonably impose, the J:5rVeloper may be authorized by the Planning Board to install up to 'ten more new units in accordance with final site plan approval from thc- Planning Board for Phase II of the development, and up to ten more building permits may thereafter issue for same. No more t'zan the ten permits for Phase II shall be issued until completion of Phase_= and the developer has again conducted tests as required upon coEpletion of the first phase of ten units and two relocated units and the sane procedures are, again followed and the. sane determinations are again made with respect to there being no significant impact on water supplies and septic systems from the already constructed units and the planned final ten units. If the Planning Board finds no such significant impact has or will occur, and otherwise approves a final site plan for Phase III, the developer may receive building permits for up to ten final units to the extent authorized and approved by the Planning Board and upon such conditions as may be reasonably imposed by the planning Board. (e) The existing park driveway be reconstructed upon completion of Phase I of the proposed mobile hone park expansion, or within one year of the effective date of this local law, whichever is earlier, as may be specified by the Planning Board, including specifications as to width, parking, surface construction, and granting any final site plan approvals of any of th.:, phases. (f) Proper erosion-control measures be practiced during project development. Page la VTT y. (g) The owner of the area being rezoned enter into an agreement in form and substance satisfactory to the Town of Ithaca Planning Board and the Town Attorney suhnitting the entire area to be rezoned (including the existing mobile hone park) to the conditions contained in this local law, and, to the extent not modified by this local law, to the requirements of Article II--A of the Town of Ithaca Zoning Ordinance or any successor statute, with such modifications applicable to the existing non-conforming park as the Town of Ithaca Planning Board J may approve.in approving the final site plan for the expanded park and including those modifications set forth in the resolution of the Town Planning Board relating to this project dated December 2, 1986. such agreerc .:,tR shall be in a form as to permit its recording in thy^ Tomkins County Clerk's Office and shall be recorded, in such office at the owner's expense within ten days of final site plan approval of the first phase by the Town Planning Board, (h) The owner of the rezoned area provide an "as built" site plan of the existing mobile home park in form and substance satisfactory to the Town of Ithaca Planning Board showing the mobile hcs., lots, utilities, roads, and other items reasonably required by the Board. Such plan shall be submitted before final site plan approval of any new lots. (i) All refuse and debris, including especially any inorganic items (pipes, sheetmetal, cans, etc.) , be removed from the existing park and the planned expansion of the park, or stored only in closed garbage containers located as apix-,owed by the Town of Ithaca Planning Board, before any building permits are issued for the new park. (j) The mobile home park (both existing ars<1 the planned expansion of same) be kept free of re�`F ,.-,e and debris. (k) If the operator of the mobile home park fails to comply with the requirements set form, in this local law, Without limiting other remedies available to the Town of Ithaca, the Town may withhold an annual operating permit as well as any future building permits until the premises and the owner are in full comli.ance with the conditions set forth in this local law and the requirements of the Town of Ithaca Zoning.Ordinance, (1) A final site plan containing such details and information as may be required by the*Town of Ithaca Planning Board be.suhnitted to and approved by such Board pursuant to Section 46-a of the Zoning Ordinance, as if this were the creation of a )ecial Land Use District, 3. In.the event that any portion of this law is declared invalid by a court of ccmpetent jurisdiction, the validity of the remaining pbrtions shall not be affected by such declaration of invalidity. 4. Thi;, law shall take effect 20 days a_Eter its adoption or upon the date ;"L is filed in the Office of the: Secretary of State of the State of New York, whichever is later. Page lb SCHEDULE A DESCRIPTION OF LANDS BEING REZONED FROM R-30 TO R-5.ON SEVEN MILE DRIVE ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, Tompkins County, State of New York, more particularly described as follows. MWENCING at a point in the center line of Seven Mile Drive which point is approximately 1,472 feet northerly along the center line of Seven Mile Drive from its intersection with the center line of New York State Route 13 and which point of beginning is in a southeasterly corner of premises px;:,-eptly..owned by Paul Jacobs; running thence north 89 degrees 55 minutes 30 seconds west along the southerly line of said Jacobs parcel approximately 1,206 feet to a southwesterly corner of said Jacobs parcel; running thence north 3 degrees 5 minutes 29 seconds west along a westerly line of said Jacobs parcel a distance of approximately 444 feet to a corner in said property; running thence south 89 degrees 49 minutes west 120 feet to a point, which point is approximat:.. t 1,135.82 feet easterly of the center line of Calkins Road; runn,".sig thence north 0 degrees 11 minutes west parallel to the center line of Calkins Road a distance of approximately 209.1 feet to a point in the north line of premises owned by Jacobs; running thence north 89 degrees 49 minutes east along said north line of Jacobs 1,075.66 feet to a point March point is located 250 feet south 89 degrees 49 minutes east from the center line of Seven Mile Drive and which point is marked by an iron pin; running thence south. 54 degrees east between said barn and garage a distance of 180 feet to an iron pin; running thence north 89 degrees 49 minutes east piissirq through an iron pin at 224.20 feet a total distance of 250 feet to the center line of Seven Mile Drive; running thence s,uth 0 degrees 54 minutes east along the center line of Seven Mile Drive a total distance of 478.02 feet the point or place of beginning. The description set forth above is based upon two maps, one entitled Flap of Survey Portion of Lands Owned by Paul A. and Linda S. Jacobs" dated April 26, 1986, revised July 31, 1986, surveyed and mapped under direction of Richard L. McDowell, Jr. and a general site plan entitled "Addition to College `View Mobile H Park, Paul Jacobs, Seven Mile Drive., Ithaca, New York, 1485011 dated November 20, 'E,086, made by William F. Albern, P.E., copies of which maps are on file with the Planning Department of the Town of Ithaca. Containing approximately 18 acres of land, more or less. Page lc STT (Complete the certification in the paragraphwhich.applies to the filing of this local law and strike out the matter t iereirr which is not applicable,) I. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designatedaslocal law.No. ...... .........or 19$ .. of the Town °f •Ttt ace .........was duly passed by theTown Board ................................................................................... CEO (Name of Lestalative Body) on,.,,,...,r?tarc .31,y 19 87 in accordance with the applicable provisions of Jaw: (Passage by local legislative body with abmoroval or n4 disapproval by Elective Chief ExecutiveQtfiaer,�` Oe repassage after disapproval,) ( hereby certify that the local,law annexed hereto,•des%gnatedaslocal law' o.........u.... ...<,.of l3.„...... County ty of the T of... . was duly passed by.the ... .... Village (Nero),of Logisiat vo Body) not disapproved on _: .19..,.,..: and was approved by, the repassed after disapproval ,l`'..icalva Chfef Ziccut)ve offlecr and was deemed duly adopted on............................ 1;r........ , in accordance with tJie applicable provisions of law. . 3. (Final adoption by referendum.) I herebycertzfythat thelocal law annexed hereto,designated as local law No,.................. of J.9.,.....,., County of the City Town of. ..................... . ......was duly passed by the............ Village flume 9f Legfaiative Body) not disapproved on..................................................19..... : and was approved by tlie............................................................... repassed after disapproval Elective Chief Txecutivo Officer* on .................__....................•...................;.....19......... Such local law was submitted to the people by,rea son of a mandatory permissive ieferendum,and received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on- ............... .. lg...,....F in accordance with the applii- annual cable-provisions of Iaw, 4. (Sn6ject to permissive referendum,and final adoption because 11..0 valid petition filed requesting referendum..) I hereby certify that the local law annexed hereto,designated as local law No,.................. of 19..,.,,..,. County of the City of........:....... ..was duly passed by the.................. �,,... on `pilla.ge (Name of S,Pet i�Sative tiady) not dssappaoved ............ ....19........ and vias1i :roved by the ..................................... ............on cepa,�:ed after disapproval Elective Chief T xcciitive,Offs.-:.r sF .....................................•-...................:.•.19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................... ......•-•••••••-••.-...•........... �9........,in accordance with the applicable provisions or law, *Elective Cht.; Executive Officer'r.cans or includes the cbief executive officer of a county elected on a county-wid.:basis Or,if them be none,the chairman of the county iegislative body,the mayor of a city or village or the supervisor of a town, where such Officer is vested with purser to approve or Veto local laws or ordinances. Page 2 0 71, S. (City local law concerning Charter revision proposed by petition.) I hereby-certifythat tbelocal law annexed hereto,desi.natedaslocal lawNo.....................of i.9........ of the City of...........................................................................having been submitted to referendum pursuant to the provisions of §37 of the Municipal Home RuleLaw,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the special election held on:............. general 19........... became operative. (County local law'concerning adoption of Charter.) 1-hereby certify that the local laiv annexed hereto,designated as Local Law No.......of 19......of(Ile Count Genera of .............:..........................: State of New York, having been submitted to the Electors at the i Election a.)f November.....,...., 19...........pursuant to subdivisions 3 and 7 of Section 33 of the Muni- cipal I vs ne Rule Law,and having received the affirmative vote of a majority of thequalified electors of the cities o' said county as a unit and of a majority of the qualified electors of the towns of said`c:ounty considered as a unit w-ting at said general election,becam' e operative. (II' any tither -autborized 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 otiginal on file in this office and that the sane is a correct transcript therefrom and of the whole of such original Iocal law, and was finally adopted in the manner indicated In paragraph......... ................ above. ,Z • -«�.,.. •Tovm�l.a Cicrk� Date: .April 7, 1987 j. (Spal) (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...Tonrpkins.......... ......... 1, tl,�e 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 John C. Barney Town Attarnex. .............. Time Date: 4,,, of. Ithaca 1`own Page 3