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HomeMy WebLinkAboutLL 04 of 2018 Rezone Amabel Parcels from LDR to MDRAdopted July 9, 2018 1 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. Rezoning 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 Zoning 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 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 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 a pipe found; Adopted July 9, 2018 2 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 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. 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. STATE OF NEW YORK DEPARTMENT OF STATE O.E COHMERCe PLAZA 99 Washington Avenue Albany, NY 12231-0001 Rossana Rosaoo WWW.DOS.NY.GOV Secretary of State July 23, 2018 Debra DeAugustine Deputy Town Clerk 215 N. Tioga St Ithaca NY 14850 RE: Town of Ithaca, Local Law 3 & 4 2018, filed on July 16, 2018 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.nv.aov. Sincerely, State Records and Law Bureau (518)473-2492 NEW YORK STATE OF OPPORTUNITY. Department of State or 12,, TOWN OF ITHACA 215 N Tioga St, Ithaca, NY 14850 Phone: 607-273-1721 m Fax: 607-273-5854 8211www.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 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 I nrpil I a\A/ Filinn Albany, ny 12231-0001LmKJKyal VV I ff/# www.dos.state.ny.us/corps (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 GCIty GTown □ Village (Select one:) of Ithaca Local Law No. 4 of the year 2018 A local law 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 4,,^ (Name of Legislative Body) □County GCIty GTown GVIIIage (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-l (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 appiicabie.) 1. (Finai adoption by iocai iegisiative body only.) I hereby certify that the local law annexed hereto, designated as local law No. of 20*'° of the (County)(Clty)(Town)(Vlllage) of was duly passed by the Town Board on Q 20,2® .accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by iocai iegisiative 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 20 of the (County)(Glty)(Town)(Vlllage) of was duly passed by the on 20 , and was (approved)(not approved) (Name of iegisiative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20| I I, In accordance w Ith the applicable provisions of law. 3. (Finai adoption by referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Clty)(Town)(Vlllage) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . (Eiective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permlsslve) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(speclal)(annual) election held on 20 , In accordance with the applicable provisions of law. 4. (Subject to permissive referendum and finai adoption because no vaiid petition was fiied requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Clty)(Town)(Vlllage) of was duly passed by the on 20 and was (approved)(not approved) (Name of Legislative Body) (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-0239-f-l (Rev. 06/12) 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 20 of the County of estate 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 the same is a correct transcript therefrom and of the whole of such original local law^,..^nd was finally adopted manp©)^ indicated in paragraph J , above. (S^0 Date: the counlyj^islafive body, oi esioFratidDirTOcaTlegislative body or Village Clerk or DOS-0239-f-l (Rev. 06/12) Page 4 of 4