HomeMy WebLinkAboutLL 01 of 2003 Rezone for Holly Creek Sub.pdff
LOCAL LAW NO. 1 FOR THE YEAR 2003
A LOCAL LAW TO AMEND THE TOWN OF ITHACA ZONING ORDINANCE TO REZONE
PORTIONS OF THE DAVID AUBLE PREMISES AT THE CORNER OF WEST KING ROAD AND
DANBY ROAD TO MULTIPLE RESIDENCE DISTRICT, BUSINESS C DISTRICT, AND TO
RESIDENCE DISTRICT R30 IN CONNECTION WITH THE PROPOSED HOLLY CREEK
SUBDIVISION PROJECT
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Recitals.
David Auble, the owner of the premises described in the annexed schedules
has submitted to the Town a proposal for a multi -faceted development which
would include business zones, multiple family dwelling units, and one and
two family dwellings all as more particularly shown on a Site Plan prepared
by Gary L. Wood dated March 14, 2003, related to the Holly Creek
Subdivision (Town of Ithaca Tax parcels 37-1-17.1 and 37-1-18).
2. In connection with such project, Mr. Auble has requested certain changes in
the zoning for his property.
3. The Town Planning Board has recommended the Town Board rezone Mr.
Auble's property as set forth below.
4. The Town Board finds it to be in the best interests of the Town and
community to effect the rezoning set forth in this local law.
Section 2. Rezoning. The Zoning Ordinance of the Town of Ithaca as readopted,
amended and revised effective February 26, 1968 and subsequently amended, be and the
same is further amended to as follows:
1. The area described on Schedule A-1 annexed hereto and all other areas in
the vicinity of the area so described that are zoned Business District'D" are
hereby rezoned from Business District 'D' to Business District 'C', and the
area described on Schedule A-2 annexed hereto and all other areas in the
vicinity of the area so described that are zoned Multiple Residence are
hereby rezoned from Multiple Residence to Business District 'C' so that the
entire area described on Schedule A-3 annexed hereto will be zoned
Business District 'C'.
2. The area described on Schedule B annexed hereto is hereby rezoned from
Business District'C' to Multiple Residence District.
3. The area described on Schedule C annexed hereto is hereby rezoned from
Business District'C' and Multiple Residence to Residence District R30.
4. The official zoning map of the Town of Ithaca is hereby amended to show the
/"* rezoning of the premises described on the attached schedules at the
locations described.
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
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declaration.
Section 4. Effective Date. Pursuant to Section 265 of the Town Law this local law shall
take effect ten days after its publication (or publication of a summary or abstract as permitted by law)
in the Ithaca Journal, or upon its filing with the Secretary of State, whichever is later.
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SCHEDULE A-1
DESCRIPTION OF PROPERTY RE -ZONED FROM BUSINESS DISTRICT `D'
TO BUSINESS DISTRICT `C'
ALL THAT TRACT OF PARCEL OF LAND, situate in the Town of Ithaca, Tompkins County,
New York more particularly described as follows:
COMMENCING at the intersection of the south line of West King Road with the west line of
Danby Road - New York State Route 9613; thence South 40 35'46" West along the west line of New
York State Route 96B a distance of 150 feet to a point; thence westerly on a right angle to Danby
Road a distance of 125 feet to a point; thence North 40 35'46" East and parallel to Danby Road a
distance of 210 feet to the southerly line of West King Road; thence South 57° 44'14" East along
the south line of West King Road a distance of approximately 135 feet to the point or place or
beginning.
SCHEDULE A-2
DESCRIPTION OF PROPERTY RE -ZONED FROM MULTIPLE RESIDENCE
TO BUSINESS DISTRICT'C'
ALL THAT TRACT OF PARCEL OF LAND, situate in the Town of Ithaca, Tompkins County,
New York more particularly described as follows:
BEGINNING at a point in the west line of Danby Road - New York State Route 96B which
point is located the following courses and distances from the intersection of such westerly line with
the south westerly line of West King Road:
(1) South 40 35'46" West 293.22 feet to a point;
(2) South 19° 3'30" West 126.03 feet to a highway monument;
(3) South 60 10'41 " East 186.37 feet to a point which point is the place of beginning.
From said point of beginning running thence North 84° 30' 21" West 60.26 feet to a
monument; running thence South 10 49'21 " East 125 feet to a monument; running thence 840 32'4"
East 54.72 feet to a monument in the west side of Danby Road, which monument is just north or a
highway monument; thence North 1 ° 10'45" East along the west side of Danby Road 116.46 feet to
a highway monument; thence North 60 10'41 " West a distance of 8.02 feet to the point or place of
beginning. Being shown generally as tax map number 37-1-18.
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SCHEDULE A-3
DESCRIPTION OF PROPERTY ZONED BUSINESS DISTRICT'C'
ALL THAT TRACT OF PARCEL OF LAND, situate in the Town of Ithaca, Tompkins County,
New York more particularly described as follows:
BEGINNING at the intersection of the southwest line of West King Road with the west line of
Danby Road - New York State Route 9613; thence South 40 35'46" West along the west line of
Danby Road 293.22 feet to a point; thence South 190 3'30" West along the west line of Danby Road
126.03 feet to a highway monument; thence South 60 10'41 " East along the west line of New York
State Route 96B a distance of 194.39 feet to a highway monument; thence South 10 10' 45" West
along the west line of Danby Road 116.46 feet to a monument; thence North 840 32' 4" West
passing through monuments at 54.72 feet and 269.72 feet a total distance of 322.83 feet to a 3/4"
rebar and cap; thence North 140 39'56" East a distance of 357.44 feet to a rebar with a cap; thence
North 670 20' 0" West a distance of 51.46 feet to a rebar with cap; thence North 6" 6' 26" East a
distance of 277.93 feet to a rebar with cap; thence North 420 24'35" East a distance of 79.44 feet to
a monument; thence North 480 45' 46" East a distance of 125.25 feet to a monument in the
southwest line of West King Road; thence South 570 44' 14" East along the southwesterly line of
West King Road a distance of 174 feet to the point or place of beginning.
SCHEDULE B
DESCRIPTION OF PROPERTY RE -ZONED FROM BUSINESS DISTRICT'C'
TO MULTIPLE RESIDENCE DISTRICT
ALL THAT TRACT OF PARCEL OF LAND, situate in the Town of Ithaca, Tompkins County,
New York more particularly described as follows:
COMMENCING at a point located approximately 125 feet southwesterly from West King
Road which point of beginning is the following courses and distance from the intersection of the
southwest line of West King Road with the west line of Danby Road:
(1) North 570 44' 14" West along the southwest line of West King Road 174 feet to a
point;
(2) South 480 45' 46" West 125.25 feet to a monument at the point or place of
beginning.
Running from said point of beginning North 410 14'14" West a distance of 200 feet; thence
South 480 45'46" West a distance of approximately 78 feet to a rebar with a cap; thence on a curve
to the left with a radius of 110 feet an arc distance of 82.51 feet to a rebar with cap; thence South 50
47' 9" West a distance of 290.81 feet to an iron rebar with cap; thence continuing on the same
course a distance of 57.92 to a rebar with cap; thence on a curve to the left with the radius of 25 feet
an arc distance of 24.71 feet; thence on a curve to the right with a radius of 75 feet a total arc
distance of 222.81 feet to an iron rebar; thence South 5° 49'9" West a distance of 201.80 feet to an
iron rebar with cap; thence South 750 0'0" East 73.56 feet to a monument; thence 840 32'4" East a
distance of 161.89 feet to a 3/4" rebar with cap; thence North 140 39' 56" East along a westerly
boundary of the parcel described in Schedule A-3 above a distance of 357.44 feet to a 3/4" rebar
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with cap; thence North 670 20'0" West a distance of 51.46 feet to a rebar with cap; thence North 60
6' 26" East and continuing along a west line of premises described in Schedule A-3 above a
distance of 277.93 feet to a rebar with cap; thence North 420 24'35" East a distance of 79.44 feet to
the point or place of beginning.
SCHEDULE C
DESCRIPTION OF PROPERTY RE -ZONED FROM BUSINESS DISTRICT `C'
AND MULTIPLE RESIDENCE TO RESIDENCE DISTRICT R30
ALL THAT TRACT OF PARCEL OF LAND, situate in the Town of Ithaca, Tompkins County,
New York more particularly described as follows:
COMMENCING at a point in the south west line of West King Road which point is at an
easterly corner of premises of Charles R. Niven (781 of Deeds at page 67 - tax map no. 37-1-15);
running thence South 410 14' 14" along the southwest line of West King Road passing through a
3/4" rebar with survey cap at 110 feet a total distance of 170 feet to a monument; thence South 480
45' 46" West a distance of 125.25 feet to a point which point is the most northerly corner of the
premises described in Schedule B above; thence the following courses and distances along a
substantially westerly line of the parcels described in Schedule B above:
r''� (1) South 480 45'46" West approximately 78 feet to a 3/4" rebar with survey cap;
(2) An arc distance of 82.51 feet on a curve to the left with a radius of 110.00 feet to a
3/4" rebar with survey cap;
(3) South 50 47'9" West passing through a 3/4" rebar with survey cap at 290.81 feet a
total distance of 348.73 feet to a 3/4" rebar with cap;
(4) an arc distance of 24.71 feet on a curve to the left with a radius of 25 feet to a 3/4"
rebar with survey cap;
(5) an arc distance of 222.81 feet on a curve to the right with a radius of 75 feet to a 3/4"
rebar with survey cap;
(6) South 50 47'9" West a distance of 201.80 feet to a 3/4" rebar with survey cap;
Continuing thence the following courses and distances along property reputedly owned by
Buttermilk Falls State Park.
(1) North 750 0'0" West 226.44 feet to a monument;
(2) North 50 47' 9" East passing through a 3/4" rebar with surrey cap at 124.33 feet,
passing through a survey monument at 240 feet, passing through another 3/4" rebar
with survey cap at 416.13 feet, passing through a survey monument at 479.99 feet,
passing through another 3/4" rebar with survey cap at 582.18 feet, a total distance of
719.99 feet to a survey monument;
(3) North 21 ° 10' 18" East a distance of 251.63 feet to a survey monument in a westerly
corner of premises reputedly owned by Hamilton (Liber 793 of Deeds at page 201);
thence South 470 33'30" East passing through a 3/4" rebar with survey cap at 32.19
feet a total distance of 133 feet to a survey monument in a southerly corner of said
Hamilton premises; thence North 30 26' 30" East a distance of 100.31 feet to a
surrey monument in a westerly corner of premises reputedly of Niven (Liber 781 of
Deeds at page 67);
(4) South 400 57'22" East a distance of 100.03 feet along a southwesterly line of Niven
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to a survey monument;
(5) North 48° 4646" East a distance of 125.25 feet to the southwesterly line of West
King Road to the point or place of beginning.
The foregoing descriptions are in accordance with a Site Plan entitled "Project: Holly Creek
Subdivision" prepared by Gary L. Wood, P.E. signed by Michael J. Reagan, of Reagan Land
Surveying, drawing dated March 14, 2003, prepare for developer David C. Auble, a copy of which
Site Plan is on filed in the Town of Ithaca Planning Department.
The premises intended to be Business C and described in Schedule A-3 are shown as Lot 8
on said Site Plan, the premises intended to be Multiple Residence are shown as Lots 6 and 7 on
said Site Plan; and the parcels intended to be Residence Districts R-30 are shown as Lots 1, 2, 3, 4,
5, a portion of Lot 6 on the west side of Holly Creek Lane, a portion of Lot 7 on the west side of Holly
Creek Lane, and all of Holly Creek Lane as shown on said Site Plan.
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