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HomeMy WebLinkAboutLL 18 of 2008 Rezone La Tourelle PDZ to LDR.pdf October 29, 2008 1 TOWN OF ITHACA LOCAL LAW NO. 18 OF THE YEAR 2008 A LOCAL LAW AMENDING CHAPTERS 270 AND 271 OF THE CODE OF THE TOWN OF ITHACA TO REZONE A PORTION OF TAX PARCEL NO. 36.-1-4.2 LOCATED OFF OF DANBY ROAD FROM PLANNED DEVELOPMENT ZONE NO. 1 TO LOW DENSITY RESIDENTIAL Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270, titled “Zoning,” of the Town of Ithaca Code is hereby amended as follows: The official zoning map of the Town of Ithaca is hereby amended by rezoning the lands described below from Planned Development Zone No. 1 to Low Density Residential: Situate in the Town of Ithaca, County of Tompkins, State of New York. Beginning at a point in the northerly property line of lands of Walter J. Wiggins & Joyce Y. Wiggins (L.477/p.726), being also the current northerly line of Town of Ithaca Tax Map Parcel Number 36.-1-4.5, which point of beginning is located North 78° 13‘ 37“ West a distance of 1,069.74 ft. from a point in the center line of Danby Road – New York State Route 96-B, which point in the center line of Danby Road is located 812.84’, more or less, northerly from the intersection of the center line of said Danby Road with the center line of Schickel Road; Thence South 86° 12’ 31” East a distance of 359.10’ to a set ¾ inch rebar and survey cap, said point being along the westerly boundary of lands now or formerly of Bessou (483131-001); Thence North 04° 01’ 50” West a distance of 357.75’ to a pin in the southern property line of lands now or formerly of Leonardo (269/34), said course passing through a set ¾ inch rebar and survey cap at 298.18’; Thence North 78° 04’ 49” West a distance of 599.56’ along said southerly boundary of Leonardo to a existing pin in the said southerly line of Leonardo, said course passing through a set ¾ inch rebar and survey cap at 399.18’; Thence South 04° 01’ 50” East a distance of 411.16’ to a set ¾ inch rebar and survey cap in the northwesterly corner of lands now or formerly of Wiggins (477/726); Thence South 78° 13’ 37” East a distance of 229.39’ to a set ¾ inch rebar and survey cap, said point being the point and place of beginning. October 29, 2008 2 The above prescribed premises are shown on a survey map entitled “Proposed Subdivision - Lands of Kaethe Bessou, Nathalie Bessou, & Xavier Bessou, Town of Ithaca – County of Tompkins, State of New York,” as surveyed in May of 2008 and certified on May 30, 2008 by Michael J. Reagan, P.L.S. (#049829), said premises showing an area that is part of existing Town of Ithaca Tax Map Parcel Number 36.-1-4.2. Section 2. Chapter 271, titled “Zoning: Special Land Use Districts,” of the Town of Ithaca Code, § 271-3, titled “Special Land Use District No. 1 (Wiggins),” is hereby amended by revising the title for Schedule A in subsection B(6) and excepting out from Planned Development Zone No. 1 the lands described in Section 1 of this Local Law, which lands are instead zoned Low Density Residential, so that Schedule A in subsection B(6) reads as follows: “Schedule A Description of Portion of Land of Walter J. and Joyce Y. Wiggins Zoned as Special Land Use District (now known as Planned Development Zone) No. 1 Situate in the Town of Ithaca, County of Tompkins, State of New York. Beginning in the center line of New York State Route 96B at the southeast corner of lands of Laurent and Kaethe Bessou, designated as Tax Parcel No. 6-36-1-4.3: 1. Thence southerly along said center line 435’ more or less, to the northeast corner of property of Irene Stout, designated as Tax Parcel No. 6-36-1-5; 2. Thence westerly 200’ more or less, to the northwest corner of said Stout property; 3. Thence southerly 100’ more or less, to the southwest corner of said Stout property and the north line of lands of Fairview Manor Realty Co., Tax Parcel No. 6-36-1-6; 4. Thence westerly in part along a northerly property line of lands of Fairview Manor Realty Co., and designated as Tax Parcel No. 6-36-1-6, 1100’ to a point; 5. Thence northerly through the lands of Wiggins, 935’ more or less to the southerly boundary of lands now or formerly of Anthony Leonardo, designated as Tax Parcel No. 6-37-2-20.2; 6. Thence easterly along Leonardo’s southerly line 600’ to a point; October 29, 2008 3 7. Thence southerly, in part along the west line of Bessou’s property (designated as Tax Parcel No. 6-36-1-4.3) 400’ more or less to their southwest corner; 8. Thence easterly along Bessou’s southerly line, 700’ more or less to the center line of Route 96B and the Point of Beginning. Containing 20.3 acres, more or less. Notwithstanding the foregoing, pursuant to Local Law No. __ of the Year 2008, the following lands shall not be zoned as Special Land Use District (now known as Planned Development Zone) No. 1 and shall instead be zoned as Low Density Residential: Situate in the Town of Ithaca, County of Tompkins, State of New York. Beginning at a point in the northerly property line of lands of Walter J. Wiggins & Joyce Y. Wiggins (L.477/p.726), being also the current northerly line of Town of Ithaca Tax Map Parcel Number 36.-1-4.5, which point of beginning is located North 78° 13‘ 37“ West a distance of 1,069.74 ft. from a point in the center line of Danby Road – New York State Route 96-B, which point in the center line of Danby Road is located 812.84’, more or less, northerly from the intersection of the center line of said Danby Road with the center line of Schickel Road; Thence South 86° 12’ 31” East a distance of 359.10’ to a set ¾ inch rebar and survey cap, said point being along the westerly boundary of lands now or formerly of Bessou (483131-001); Thence North 04° 01’ 50” West a distance of 357.75’ to a pin in the southern property line of lands now or formerly of Leonardo (269/34), said course passing through a set ¾ inch rebar and survey cap at 298.18’; Thence North 78° 04’ 49” West a distance of 599.56’ along said southerly boundary of Leonardo to a existing pin in the said southerly line of Leonardo, said course passing through a set ¾ inch rebar and survey cap at 399.18’; Thence South 04° 01’ 50” East a distance of 411.16’ to a set ¾ inch rebar and survey cap in the northwesterly corner of lands now or formerly of Wiggins (477/726); Thence South 78° 13’ 37” East a distance of 229.39’ to a set ¾ inch rebar and survey cap, said point being the point and place of beginning. The above prescribed premises are shown on a survey map entitled “Proposed Subdivision - Lands of Kaethe Bessou, Nathalie Bessou, & Xavier Bessou, Town October 29, 2008 4 of Ithaca – County of Tompkins, State of New York,” as surveyed in May of 2008 and certified on May 30, 2008 by Michael J. Reagan, P.L.S. (#049829), said premises showing an area that is part of existing Town of Ithaca Tax Map Parcel Number 36.-1-4.2.” 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. 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.