HomeMy WebLinkAboutLL 04 of 2018 Rezone Amabel Parcels from LDR to MDR TOWN OF ITHACA
LOCAL LAW NO. 4 OF THE YEAR 2018
A LOCAL LAW AMENDING CHAPTER 270 OF THE TOWN OF ITHACA CODE,
TITLED "ZONING," AND THE TOWN ZONING MAP TO REZONE TAX PARCELS #
31.-2-6 (PORTION OF) AND 31.-2-28 LOCATED AT 617 AND 619 FIVE MILE DRIVE
FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Rezoninu of Lands. Chapter 270 of the Town of Ithaca Code,
titled "Zoning,"is amended by rezoning a portion of Tax Parcel No. 31.-2-6 (portion of
617 Five Mile Drive) and Tax Parcel No. 31.-2-28 (619 Five Mile Drive), as described on
Schedule A, which is incorporated into this local law, from their present zoning
classification of Low Density Residential Zone to Medium Density Residential Zone.
Section 2. Amendment of Zoninu Map. The official zoning map of the
Town of Ithaca, effective April 1, 2004, revised December 11, 2006, August 13, 2012,
and January 13, 2014, as amended to date, is hereby further amended by rezoning the
lands described in this local law in the manner set forth in this local law.
Section 3. Partial Invalidity. 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 of invalidity.
Section 4. Effective Date. This local law shall take effect immediately upon
its filing with the New York Secretary of State.
Schedule A
Description of Property Being Rezoned
Portion of Tax Parcel No. 31.-2-6 (portion of 617 Five Mile Drive):
All that tract or parcel of land situate in the Town of Ithaca, County of Tompkins, State
of New York and beginning at a point on the Bast line of Five Mile Drive which lies
25.5± feet east of the present centerline and 392± feet south of the centerline intersection
of Five Mile Drive and Coy Glen Road;
Thence S 82°22'00" E for a distance of 695.84 feet to a point marking the True Point of
Beginning;
Thence S 15'58'00" W passing through a rusted off tall metal fence post at a distance of
11.12 feet for a total distance of 498.12 feet to a pipe found;
Thence S 83°02'14" E for a distance of 154.55 feet to apipe found;
Adopted July 9, 2018 1
Thence N 44'03'12" E passing through a pipe at 200.78 feet and passing 0.2 feet east of a
pipe found at 199.84 feet and passing 0.3 feet east of a pipe found at 171.87 feet for a
total distance of 610.24 feet to a point;
Thence N 82°22'00" W for a distance of 444.65 feet to the True Point of Beginning;
Said parcel containing 3.379 Acres of land and shown as parcel A, all as shown on a
survey map entitled "Survey Map For New Barth Living, LLC, Located At No. 619 Five
Mile Drive, Town of Ithaca, Tompkins County, New York," dated December 4, 2014 by
T.G. Miller P.C. Engineers and Surveyors.
Tax Parcel No. 31.-2-28 (619 Five Mile Drive):
All that tract or parcel of land situate in the Town of Ithaca, County of Tompkins, State
of New York and beginning at a point on the East line of Five Mile Drive which lies
25.5± feet east of the present centerline and 392± feet south of the centerline intersection
of Five Mile Drive and Coy Glen Road;
Thence S 82°22'00" E for a distance of 695.84 feet to a point;
Thence S 15'58'00" W passing through a rusted off tall metal fence post at a distance of
11.12 feet for a total distance of 498.12 feet to a pipe found;
Thence N 82°41'36" W for a distance of 537.91 feet to a pin set;
Thence N 24°34'45" E for a distance of 100.00 feet to a pin set;
Thence N 82°41'36" W for a distance of 198.28 feet to a pin set on the east line of Five
Mile Drive;
Thence Northerly along the east line of Five Mile Drive for a distance of 410.0 feet to the
point of beginning, said course having a chord of N 19°22'03" E for a distance of 409.96
feet;
Said parcel containing 7.646 Acres of land as shown on a survey map entitled "Survey
Map For New Earth Living, LLC, Located At No. 619 Five Mile Drive, Town of Ithaca,
Tompkins County, New York," dated December 4, 2014 by T.G. Miller P.C. Engineers
and Surveyors.
Adopted July 9, 2018 2
or 12,, TOWN OF ITHACA
215 N Tioga St, Ithaca, NY 14850
Phone: 607-273-1721 m Fax: 607-273-5854
,8211
,,,,�;�' � www.town.ithaca.ny.us
�4, YO Town Clerk: Paulette Rosa (PRosa @Town.Ithaca.NY.US)
Deputy Town Clerks: Debra DeAugistine (DDeaugistine@Town.Ithaca.NY.US)
Jasmin J Cubero (JCubero@Town.Ithaca.NY.US)
July 10, 2018
State Records Unit
Department of State
One Commerce Plaza, 99 Washington Ave.
Albany, NY 12231
To Whom It May Concern,
Enclosed please find Town of Ithaca Local Law No. 3 and 4 for the year 2018.
Please contact me if you have any questions.
tn'C•rely,
Debra D0Aul� V
.. Depury,Town Clerk .,...
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Local Law Filing Albany, at 1 .us/c001
www.d o s.ste.ny.u s/corp s
(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 ❑x Town ❑Village
(Select one.)
of Ithaca
Local Law No. 4 of the year 2018
A local law Amending Chapter 270 of the Town of Ithaca Code, Titled"Zoning,"and the Town Zoning
(Insert Title)
Map to Rezone Tax Parcels#31.-2-6 (Portion of) and 31.-2-28 Located at 617 and 619
Five Mile Drive from Low Density Residential to Medium Density Residential
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County ❑City ❑x 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.)
DOS-0239-f-I (Rev.06/12) Page 2 of 4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 4 of 201$of
the (County)(City)(Town)(Village) of Ithaca was duly passed by the
Town Board on July g 2018 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 200 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20e, and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20m, in accordance w ith the applicable provisions of law.
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)
(Name of Legislative Body)
(repassed 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 20m of
the (County)(City)(Town)(Village)of was duly passed by the
(Name of Legislative Body) on 20®, and was (approved)(not approved)
(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-02394-1 (Rev.06112) page 3 of 4
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 20of
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 thesameis a
correct transcript therefrom and of the whole of such original local law nd was final) adopted i mandicated in
paragraph above.
Clerk o the county gis a_Ive body, i uup or Village Clerk or
fricer /esisig+3fad yb cal legislative ody
Date /v> 125
DOS-0239-f-I (Rev.06/72) Page 4 of 4