HomeMy WebLinkAbout1983 LL 3 - Rezone E King Rd Parcel to MR (please Use this Verm for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
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LIM'
of. ....................Ithaca
................................................................................ ..........
Tov,n
Local Law No.....................I...............................of the year 19
f9 mn�
A local law...A THE ZONING ORDINANCE OF TI.iE....TOWN...OF..I.TUACA BY CHANGINC
............................................... ...................................... ........... ...... I...... .............
THE ZONING CLASSIFICATION TO MUTLIPLE RESIDENCE DISTRICT FROM
A RESIDENCE DISTRICT R15 A PARCEL OF LAND IN THE TOWN OF ITHAC/'
TOMPKINS COUNTY, NEW YORK LOCATED ON THE NORTH SIDE OF EAST KIP.,
ROAD DESIGNATED ON THE CURRENT TAX ASSESSMENT MAP OF THE TOWN 0
ITHACA ON PARCEL 44-1-4.3.
the .................. Town Board Of the
i5Z�.,;ff;; ........**'*'*"*...................
Ithaca
......_...................... as follows:
Tcovn .......... ............
SECIIIOrl 1. CHANCE OF ZONING DISTRICT. DESCRIPTION OF PARCEL.
A Multiple Residence District is hereby established encompassing
the parcel consisting of about 30 acres of land located on the
north side of East King Road and designated on the current tax
assessment map of the Town of Ithaca as Tax Parcel 44-1-4.3 more
particul.arly described in Schedule A entitled `1)escription of
Parcel. on the north side of East King Road which is established
by tl.'.s Local Law as a Multiple Residence District."
SECTION ?. LEGISLATIVE BASIS AND PURPOSE OF THIS LAW.
A. RESOLUTION.
This Local Law has been enacted pursuant to the Resolution adopted
by the T,)wn Board on February 7,
1983, a copy of which is attached
hereto. Pr(.,)visions of said Resolution constitute findings, deter-
and ',statements of purposes for the enactment of this
law,
B. TOWN ZONING ORDINANCE PROCEDURE FOR ESTABLISHMENT OF
MULTIPLE RESIDENCE DISTRICT.
I. Article IX of the current Zoning Ordinance (adopted
February 12, 1968, effective February 26, 1968) sets
forth the procedure for the establishment of the
Multiple Residence District and. authorizes the Towri.
Board to establish a Multiple Residence District.by
defining the boundaries thereof, approving the
general site plan and imposing any modifications
and additional requirements as the Town Board. may
determine.
I L -(If addi ional Ch slurets of the Same size as this and mmNber each)7 �1l
Page D.
SECTION 3. MODIFICATIONS AND ADDITIONAL _R�IRE�ML-ETS-
A. The provisions of paragraph "A", "B", AND "C" of the
Resolution referred to above which is attached hereto contain
modifications, conditions and requirements relating to the
rezoning of the subject parcel into a Multiple Residence District
and its development by the construction thereon of multiple
family units. The aforesaid paragraphs "A", "B", AND "C" are
incorporated into this 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 specifi-
cally modified or added to by subsequent provisions of this Local
Law.
B. PROVISIONS AS TO THE 6 ACRE PARCEL BUFFER ZONE, ON THE
WESTERLY SIDE OF THE SUBJECT PARCEL; CONTAINED IN SAID
RESOLUTION, ,ARE AMENDED AS FOLLOWS:
1. The provisions of Section l.C.i. are expanded to
include the requirement that no trees or shrubbery
shall be cut unless the owner of the parcel has
obtained the duly authorized consent of the Town
Planning Board. The owner shall give a written
notice of at least 4 weeks to the To Engineer or
such other person or agency of the To as the
Town Planning Board may designate requesting the
consent of the Town Planning Board and setting
forth the management practices which would require
such action to be taken. The Town Planning Board
shall review the request and act promptly in
giving or denying its consent.
2. The driveway referred to in Section l.C.ii. shall
not be constructed until a building permit has been
obtained from the Town Engineer in accordance with
the provisions of Town Board Resolution concerning
this matter.
3. The Town Planning Board may require the owner of the
subject parcel to submit information and documents
from time to time in order to determine that there
is compliance with the requirements of this law.
C. In accordance with the provisions of Section 1.D. of the
said Resolution, it is provided that no buildihgs. and residential
units in excess of those approved by the To Planning Board shall
be permitted and that the construction, development and use must
comply in all respects.with the site plans and conditions of
approval and rezoning adopted by the To Planning Board and the
Town Board and no variance in the construction, development and
use of the parcel shall be permitted except as maybe permitted
by the Town Planning Board with the approval of the Town Board.
SECTION 4. RECLASSIFICATION OF ZONING.
A. The sovereign power of the Town to enact and amend the
Town's Zoning Regulations is not affected by the enactment of
this Local. Law. Without limiting the foregoing declaration, the
Town, at the option of the Town Board, may review the status of
the Oevelopafient of, and the extent of construction of improve-
ment.:s on, t'he subject parcel and other factors reasonably affect-
....... ing the area and community within which the subject parcel is
located, the protection and enhancement of the Town's physical
and visua]. e7.ivironment and to promote the government, protection,
and the health, safety and well-being of the inhabitants or
property in the Town, and, at its option-, the Town Board may
la
amend the Town Zoning Regulations by changing the classification
of the subject parcel or any portion thereof, to a Residential
R15 or such other district as the Town Board may determine.
B. The Town now makes a legislative finding that the present
owner would reasonably require a period of forty-eight (4 )
months from the date of enactment of this law to commence and
complete the construction of the improvements on the project.
G. any building permit issued subsequent to the enactment
of this law may be revoked or modified at the option of the Town
Planning Board. if (i) construction of the project has not been
substantially commenced prior to the expiration of eighteen (1 )
months from the date of enactment of this law, or (ii) if such
construction has not been substantially completed at the expira-
tion of the forty-eight (48) month period commencing with the
enactment of this lacy. The time within which such building permit -
shall
e itshall be effective may be extended, if good cause is shown, by
the Town Planning Board®
lb
SCHEDULE A
LESCRIPTION OF PARCEL ON TETE: NORTH SIDE OF EAST KING
ROAD WHICH IS ESTABLISHED BY THIS LOCAL LAW AS A
MULTIPLE RESIDENCE DISTRICT
L THAT TRACT OR PARCEL of LAND situate in the. Town of Ithaca,
County of Tompkins, State of New York, being a part of Military
Lags 86 and 99 (Old Town of Ulysses) and described as follows:
Beginning at a point can the northeasterly boundary of the
existing King Road East (County Road No. 179) said paint being
the following two courses and distances from the intersection,
of the northerly boundary of the existing Ding Road East and
the westerly boundary of the existing Tray Road; thence (I)
north 820 02' 47" west 1081.53 feet and thence (2) westerly
and northwesterly on a curve to the right having; a radius of
975,0 feet, a distance of 211.07 feet to the paint and place of
beginning of the premises intended to be described herein;
thence (1) Northwesterly on a curve to the right having a
radius of 9'75.00 feet a distance of 235.12 feet; thence (2)
north 550 49' 33" west along the said northeasterly boundary of
the existing King; Road East a distance of 1731.85 feet to a
point on the division line between the property of Schuylkill
Investors, Inc, , on the east and the property now or formerly
owned by Cornell University on the west; thence (3) north
90 18' 00"° east along 'said division line a distance of 455.00
:Feet: to a point; thence the following; fifteen courses and
distance; through the property now or formerly owned.by
Sc;fi,a.ylkill Investors, Inc. -
(1)
nco(1) North 570 01' 43 east, a distance of 221809 feet; thence
(2) South 790 16' 23" east, a distance of 327,73 feet; thence
(3) North 850 47' 5Fi" , .�w,an,a.� r„!777.4S,t,
p
(a-) &sftttt tI,ro SQ'® P nri' ,. erai.� ,as,e,n, r%
f 96 J7 -F�na tbR h
(5) Sou.t.h 53`'' 58” 214" east, a distance of 1.63.22 feet~; thence
(6) Soctth 480 57® 27" east, a elastance of 225,40 feet; thence
(7) South 230 01'32" east, a distance of 21.7,31 feet; thence
(8) South 39 37 09 east, a distance of 708.82 feet; thence
(9) South 670 50' 59" east, a distance of 1.22.00 feet; thence
(1.0) South 340 54` 43" east, a distance of 234,14 :Feet; thence
(11) South 370 07" 34" east, a distance of 268®40 feet; thence
(12) South 5200 52'26" gest, a distance of 0.60 feet; thence
(13) North 37 07 34 west, a distance of 293,00 feet; thence
(14) South 380 30" 3 ®@ west, a distance of 208.19 feet and
thence (15,) South 25 27' 00" west, a distance of 126.43 feet
to the point of beginning, containing 30,566 acres of land.
For further description, reference is hereby made to a map of
King Road Development Corporation made by Erdman, Anthony
Associates, Consulting Engineers, Rochester, New York, dated.
May 15, 19730
lc
,(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
i hereby certify that the local law annexed hereto,designated as local lain No. ....... ........of 19. 3..
of the :`a of...........I1?aca `�csw lioa�`cl
....................was duly passed by the.....,..........................................,..............................
Town (Nome of Eegi-lative Body)
on........,M : . ... :a..............19. in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Of£i ,
or repassage after,disapproval..)
I hereby certify that the local law annexed hereto,designated as local law No................--of 19...,,.
County
ty
of the jow.n of.................. ...was duly passel by the
ow (cVArno of L.egista.tiwe Body}
Village
not dila
on..................................................19.,....., and was approved by the .....,.,.....,......,........a................,,
repassed after disapproval Elective Chicf kxecutive Olfncer
and wa i deemed duly adopted on........................................................19........ s in accordance with the applic:"aV
proviseans of law.
. (Fiaaal adaption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No................... of 19.........,
County
Cityof the ,_, of,....... ......was duly passed by the.......................................................................................
Town (Nsuaa of Legialsatfive E$ady)
°ill, not disapproved
on..................................................19........ and wasapproved by the...........,...................,............................
repassed after disapproval
k�lective Chief k.xecaiRi'vo CSfficer '
on...... ..........19.....,.® Such local law was submitted to the people by reasoxt of ,.
xrandatoly referendum,and received the affirmative vote of a majority of the qualified electors voti a:
permissive
general ,
thereon at the special election held on—........._........................................19........,in accordance with the app;'-
annual
cable provisions of law.
4. (Subiuct to permissive referendum,and final adoption because no valid petition filed request. ,
referc,nduni.)
I hereby certify that the local law annexed hereto,designated as local law No.—...... of 19.....
County
City was duly passed b the.................
of the of...:.......... y p y .. ....,.,.............,..............,..,..........
IyCSwpE (tFame of I..egzslnaive Body)
Village not disapproved
......19........ and was approved by tbe.........................................................
repassed after disapproval T,lr:ciive f hief t.aeutive{}Sdirer
„�, ..............................................................19,,,.,.... Stich local law being subject to a permissive referendum find
valid pmitiun requesting SLI(.-,'b re.ferenduls having been filed, said local law was deemed duly adopted
....... 13........, in accordance with the applicable provisions of law.
-------------
aFlectiver,tw➢o*w.f omc.er i'neans or includes the cNef execaaCiye officer of a Coreunty^ele d,ed oil ac,ounty-wide:basa:e
or,if Ow/,e be axone't.il e cizsabifinn of the a".omay iaegWative body,the nviyor of ae city or Village or Oic of f,loawn,
wiaerr inich ofEcel,is yessted Willa Prower to approve(n veto local laws or clad®ot aaicaew.W
Page 2
,r,
5. (City local law concerning Charter recision proposen.Dy peLmull-i
I hereby certify that the local law annexed hereto,designated as local law No.....................or 19-....
of the City of....— ......... .......
—.—............havina been submitted to referendum pursuant to the
provision § 36 of § 37 of the Municipal Ilome 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.
6 (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as Local Law No.......of 19......Of the
County of ......................................... State of New York, having been submitted to the Electors at the
subdivisions pursuant to s' -
General Election of November........... 19........... 5 and 7 of Section 33 of the Muni
cipal 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 of 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 I appropriate
certification.)
R�'W- I further certify that I have compared the preceding local law with the original on file in this offic,?,
and that the same is a correct transcript therefrom and of the whole of such original local law, and ww-',
finally adopted in the manner indicated in paragraph............................ above.
Date- March 23, 1983
(k"'ortification to be executed by County Attorney, Corporation Counsel,Town Attorney,Village Attorney
or other authnrized Attorney of locality.)
&rATE OF NEW YORK
COUNTY
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proce,s!(hngs have been had or taken fortheenactment of the local law annexed hereto.
siv V. Buyouct,
Town Ator e
................ t
....... y............ .
Title
):late: March 23, 1983 Ithaca
Of... ........ .................. ......
Town
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