HomeMy WebLinkAbout1987 LL 03 - Zoning for Former Majestic Heights on King Rd Fn , •
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` iTHACA
'C7
Iowa
I No., <. of the YOVE V ..
AMENDING-THE' ZONINC OF.72TtPtANC REQTRFt+MTS FOR THE PdRbOR.
A local law<.IKA?ES `IC F3GlILS I?EVTi��?PNiEl31 C?T57�
Be it etzacted by the
...........,....... ..e of este
' {t7sauo r#'�.gg;"sfr.L€ac FindFS
- i'IHACA
..................................
a-----_.... . .<. .-. . .... <...
. ........... as follows,
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WHEREAS, 'by resolution and--ordinance duly adapted by the
Town Hoard on '?ebruary 7, 1983, a, Multiple Residence District was
created on East King Road in the Town of Ithaca (now tax parcel
No. 6-44-1-4.31 ); atzd
WHEREAS, in conjunction with said. resolution .and ordinance
certain requirements were imposed, . itti respect to such Multiple
Residence District'; and
WHEREAS, the 'Town Hoard wises to altea- certain 'of' -those
requirements and restrictions as hereinafter set forth; and
WAEREAS, the Town :of .ithaQa Planning Poard has found by
resolution adopted January. 20, 1917 that the revisions to the
project do not represent a significant change from the size and..
Scope of. the .project as was originally approved . in 1983 and as
originally subjected to environmental review at that time;
THEREFORE be it
iESpLVID, by the Town HoaNd of the Town os' Ithaca a
«T.•
follows;
1 p .Local La.w No, 3 for the year 1983 be arca the sare hereby
is amended as follows:
A, Section 3, paragraph A of said Local Law is amended to
read as follows;
"A@ The provisions of paragraphs 'A' , '$', . and �'C' of
Section 1 of the Resolution referred to above which is
attached hereto contain modifications, conditions, and
requirements relating to 'tete rezoning of thr. subject
Parcel into a Multiple residence District and its
i
M-7'
i
development ' by the construction thereon of multiple
family units.. ' The aforesaid paragrap:z 'A' 'B' and
'C' are -incorporated into thiu Local Law and made a
part hereof as if they had been set forth in the body
of the text rather than an Appendix thereto and they
shall apply to the rezoning and, the development of the
subject parcel except as they may be specifically'
modified or added to by subsequent provisions of this.
Local Law.
B. Section 3 f
s paragraph esuch law is modified to read
as follows:
"too .buildings and residential srr�i`�s, i.n erccessof those'
approved by the Ton .Plainning Board on January, 18, 198
shall be permitted and, the construction, development
and'use mast complY in all respects with the Sita plans
and conditions of approval and rezoning- adopted by the
Town Planning Board on January €8, 1983 and by the Tows
Board on February 7, 1983 and with the Revig,�ed Plan as '
approved .by the Plahning Board ori.d'ann.ary 20, 1987 r and
no. variance in the construction, development; .and. use
of the parcel shall be permitted except as may he
permitted by the Town Planning Board., or by the Zoning
Board of Appeals o , by such person or agent of the
Town as the Planning Board may designate in-the case of
such minor: changes which do not increase the size .or
scope of the project. or. vary the intended use of the
site."
C. Section_ 4, paragraph B is modified to read as follows:
"B. The Town now makes a legislative finding that the
owner-would reasonably require "a period ending April 1,
1990 to commence Axid complete the construction of the
«.
improvements- on the projecto'�
D. Section ak paragraph C , is .hereby amended to read -as
follows:
Any building permit. issued subsequent ' .to the
enactment of this law may be revoked or.modified'a.t the
option of the Town i3lanning Board if
(i}
construction o; . the project has not bq'en
substantially commenced by October 1, 1988, or
fi i } if such construction, has not. been-
substantially completed.by April 1, 1990®
The time within which such building, permit. shall be
effective may be extended,... if goad dausse is shown, by
the Town Planning Board."
E. Paragraph E of Section 1. of the Resolution referred to-
in said Local Law is hereby deleted,
Fa The requirement contained in Part 111 of the
Environmental Assessme.irt* Form filed. in the SEQR proc.eedJngs
conducted by the Planning Board ou ,lune 18, 1983 requiring
development proceed in phases from east to west across the
s-ite be and the same hereby is deleted=
G. The notification requirement, as set forth in Part .111*
of the Environmental Assessment Form filed in the above.
mentioned SEQR proceedings is hereby modified to read as
follows:
aThe developer shall notify, in writing, residents in
the area within a SOD-foot distance of the project who
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might be affected by any blasting for utility,
foundation, or other construction, reasonably in
advance of the date when* such blasting will occur,
giving the date and hour, The developer shall
specifically notify Cornell Plantations, in writing, a
minimum, of 48 hours prior to any such blasting, and is
requested to contact Cornell Plantations, for purposea
of preliminary planning, as sone as -it is known that
any blasting ,may be going, to occ133:.n
2. This Local Law shall take effect. upon it.9 filing with
the Secretary of State.of the State of New York or ten days after
its publication., whichever date is later-
r
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(Complete the certification in the paragraph which applies to ihefiIfng of this local law and strike out the
(natter therein which is not applicable.)
1. (,final adoption by local legislative body only.)
I hereby certify that the local lain annexed hereto,designated as local law No. .........:of 19.$7
EZ7
of theTownf .. ���a.............. . ...—was uuly.passed by the_ .. T ? Board? :.
.,......
(Rome of Legislative Body$
L J1 o'n–..F�br'«?��}'.. ..............19R. in accordance witb the applicable provisions of law.
(Passage ley local legislative body with approval or asr disapproval by Elective Chief,Esceeettive(Jfflcey tar
or repassage after disapproval.)
I hereby certify that the local law annexed hereto;desiguated.a.s local law talo,.:............„....off J,S...,....
County
City
of,the Town o€...,.... —was duly passed by the .. ... .................
.Village .
(Naive of Legislative Body)
not disapproved
on...:...........:...............................:.19.......: and was approved by the .............
repassed after disapproval Elective f izae€Execat£vo Offfeor
and was deemed duty adopted on................. ....... . 14...... G in accordance with the applidable.
provisions of law,
3. (l,inaI adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law iso................... of J.t3.........,
County
of the Cit of..............
y was duly passed by the
Town
(tlarme of Legislative Body)
village not disapproved
on...................................................19....... and was approved by the...,............................................................
repassed after disapproval Elective Chief Executive Officer
oM.....:.•..............................................................19........ Such local law was submitted to the people by reason pf a'
mandatory referendum and received the.affirmative vote of a ma.orit- of the qualified electora yo'tin
peinnssive t j X flu g
general
thereon at the special election held on................. ......................... ain accordance with the appli-
annual
:able provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed recilre ting
referendum.) '
I hereby certify that the local law annexed hereto;designated as local law IVo....e.............. of J.9–.......
County
City
of the Town of....... -----
a4as duly passed by the.............................................................,:..................on
([came of Ugialative 33'ody)
Village not disapproved
..._..................................................19........ and 4vas approved by the...................,..,..........................,.......cm
ppva
repassed after disapproval Elective Chief E3ccutiOfficer a
...............................................................19...,....< Such local law being subject to a permissive referendum and aro
valid petition requesting such referendum having been filed, said.local law was deemed duly adopted on.
.................................................................... 19.:......e in accordance.with the applicable provisions of taw.
*Elec ive thief Fxecutivc Officer nieans or includes the chief executive officer of a county elected on a county-wide basis
Or,it these be none,the chairman of the county legislative body,the mayor of a.city or village or the supervisor of a town,
wf es€such rax t"icer Lq vested with power to approve or veto local laws or ordinances,
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(City local law concerning Charter recision proposed by petition.)
I hereby certify that the local lacv annexed hereto,designated as local law No.....................Of 19,.......
oC the City of...........................................1111....,......................having Been submitted to referendum pursuant to the
provisions of 5 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 election held on....................... .......
general
................19.:.........,became operative. .
(County local law concerning adoption of Charter.)
I hereby certify that the.local lacy annexed hereto.desi;natetf as Local Law lcla.1111..of 19..>...of the
County of 1111.. .................1.......1..1.1 State of Nt1 w York, having been submitted to the Electors. at the
General Election of November........... 19.........,,pursuant to subdivisions 5 and 7 of Section 33 of the Munf.
cipal Horne Rule Law,and having received the affirmative vote of a rra)ority of the qualified electors of the
citie3 of said county as a'unit and of a.tnajority of the qualified elector; of the towns of said county
considered p a unit voting at said general election,becarne operative.
(If any other authorized 'forrn of finat'adoption, has been followed, please provide aa.appropefata
certification.)
I further certify that I have compared the preceding local lave with the original on file in dais offlice
and that the same is.a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated.in paragraph......... .... above,
Date: February 11, 1987
�S:ral)
Y `..
(Certification to be a (�cuted by County Attorney, Corporation Counsel, `Gown Attorney, Village Aaarney
or Bather authorized Attorney of locality.)
STATE OF NEI;' YORK
COUNTY OF....Ttimlalcins
1, the undersigned, hereby certify that the Foregoing local lav'contains the correct text and flint<all
proper proceedings have been had or taken for the enactT en:of the local law anftexed hereto.
Sipaturc .John Barney
`,own Attorney............,...
Title
Date- r '3 1- 7
Town of..........Ithaca................
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