Typeset from the PDF of the official document — headings, motions and recorded votes are detected automatically, so spacing may differ from the original. The official copy governs.
Jeffery W. Davis Partner March 24, 2023
Town of Clay Town Board c/o Mark Territo, Commissioner of Planning & Development
Clay, NY 13041 Re: White Pine Commerce Park Zoning Amendment – Zone Change Petition Dear Supervisor Ulatowski and Honorable Members of the Town Board:
Barclay Damon LLP represents the Onondaga County Industrial Development Agency (“OCIDA”). OCIDA owns multiple properties in the White Pine Commerce Park (the “Park”) within the Town of Clay. The Park was created to support a mix of industrial and/or commercial uses with related office space, advanced state-of-the-art research, large-scale or small-scale manufacturing or assembly, warehousing, data management, material processing, and distribution facilities, all in a campus-like setting. To enhance the viability of large-scale developments, OCIDA has expanded the Park’s footprint, and to ensure the Park achieves its purpose, the underlying zoning of OCIDA’s properties within the Park must be changed.
Please let this letter of intent and attached exhibits serve as OCIDA’s Zone Change Petition (“Petition”) with respect to multiple parcels within the Park. Currently, OCIDA owns over 1,200 acres and 64 parcels within the Park. Please note that any parcel not owned by OCIDA is not part of this Petition request.
Of the 64 properties owned by OCIDA, 9 parcels are already zoned Industrial 2 (“I-2”) under the Town of Clay Zoning Code (“Zoning Code”). The I-2 zoned parcels make up 339.41 acres, or over one-quarter (28.7%) of the Park. The remaining parcels, approximately 861.58 acres, are zoned Residential Agricultural District (“RA-100”) (53 parcels) and One Family Residential R-15 (“R-15”) (2 parcels).
The RA-100 and R-15 zones cannot support the goals and uses desired in the Park. The RA-100 and R-15 zones permit or specially permit, for example, single-family housing, schools, religious institutions, community centers, cemeteries, commercial greenhouses or nurseries, farms, veterinary facilities, and outdoor recreational facilities.
Barclay Damon Tower - 125 East Jefferson Street - Syracuse, New York 13202 barclaydamon.com JDavis@barclaydamon.com Direct: (315) 425-2823 Fax: (315) 703-6233 White Pine Commerce Park Town of Clay Zone Change Petition Meanwhile, the I-2 zone, permits: wholesale, warehouses, trucking terminals, manufacturing, utility substations, public self-storage, building products sale and storage, by Planning Board Site Plan Approval. By Town Board special permit, the I-2 zone permits: heavy equipment sales, service, storage, and display; contractor’s service yard; motor vehicle storage; and motor vehicle rental. The I-2 zone also has no minimum with respect to area, width, or depth. The I-2 zone is situated to catalyze development of the Park, bringing the vision to reality and creating numerous benefits for the Town in the form of capstone developments that are regional destinations, increased tax revenue, and additional economic growth. In light of the importance of the I-2 zoning to the Park, OCIDA respectfully petitions for the rezoning of the 53 parcels zoned RA-100 and 2 parcels zoned R-15 within the Park to the I-2 zoning classification. The table below lists the parcels owned by OCIDA and their respective zoning classifications. The Map ID column relates to the identification number in the image that follows. The table below is also attached as Exhibit 3, and a copy of it in excel format accompanies the electronic submission of this Petition.
Map ID Tax Parcel # Address Acreage Zoning 1 046.-02-01.0 8700 Caughdenoy Road 25.62 I-2 2 046.-02-02.1 Caughdenoy Road 21.63 I-2 3 046.-02-02.2 8676 Caughdenoy Road 3.17 I-2 4 046.-02-03.1 8632 Caughdenoy Road 49.44 I-2 5 046.-02-04.0 State Route 31 18.06 I-2 6 046.-02-05.1 5181 State Route 31 3.70 I-2 7 046.-02-05.2 5171 State Route 31 37.27 I-2 8 048.-01-01.0 8720 Caughdenoy Road 99.24 I-2 9 048.-01-02.2 Caughdenoy Road 88.15 I-2 12 048.-01-21.0 Burnet Road 35.65 RA-100 13 048.-01-22.0 Burnet Road 26.24 RA-100 14 048.-01-23.1 8739 Burnet Road 198.33 RA-100 16 048.-01-23.3 8751 Burnet Road 0.93 RA-100 19 049.-01-03.0 Burnet Road 33.36 RA-100 20 049.-01-04.0 8722 Burnet Road 0.77 RA-100 21 049.-01-05.0 8718 Burnet Road 1.04 RA-100 22 049.-01-06.0 8710 Burnet Road 0.73 RA-100 23 049.-01-08.1 8694 Burnet Road 5.44 RA-100 24 049.-01-09.1 8688 Burnet Road 17.38 RA-100 25 049.-01-10.1 8668 Burnet Road 7.58 RA-100 White Pine Commerce Park Town of Clay Zone Change Petition 26 049.-01-11.0 8664 Burnet Road 0.46 RA-100 27 049.-01-12.2 Burnet Road 36.97 RA-100 30 049.-01-13.0 Burnet Road 64.28 RA-100 31 049.-01-14.0 8594 Burnet Road 0.85 RA-100 32 049.-01-15.0 8631 Burnet Road 0.30 RA-100 33 049.-01-16.0 8635 Burnet Road 0.30 RA-100 34 049.-01-17.0 8647 Burnet Road 0.30 RA-100 35 049.-01-18.4 8653 Burnet Road 43.34 RA-100 36 049.-01-19.1 8699 Burnet Road 45.33 RA-100 37 049.-01-19.2 8677 Burnet Road 4.86 RA-100 38 050.-01-01.0 State Route 31 9.95 RA-100 39 050.-01-02.1 5267 State Route 31 64.65 RA-100 40 050.-01-03.1 State Route 31 5.27 RA-100 41 050.-01-04.1 8543 Burnet Road 52.73 RA-100 42 050.-01-04.2 8531 Burnet Road 0.46 RA-100 43 050.-01-04.3 8549 Burnet Road 3.00 RA-100 44 050.-01-04.4 8617 Burnet Road 2.39 RA-100 45 050.-01-05.0 8623 Burnet Road 0.62 RA-100 46 050.-01-06.0 8574 Burnet Road 0.79 RA-100 47 050.-01-07.1 8558 Burnet Road 7.77 RA-100 48 050.-01-07.2 Burnet Road 66.80 RA-100 49 050.-01-08.1 8546 Burnet Road 0.66 RA-100 50 050.-01-08.2 8526 Burnet Road 0.53 RA-100 51 050.-01-09.0 8536 Burnet Road 0.53 RA-100 52 050.-01-10.0 8516 Burnet Road 0.82 RA-100 53 050.-01-11.1 8512 Burnet Road 0.77 RA-100 54 050.-01-12.1 8508 Burnet Road 0.73 RA-100 55 050.-01-13.2 Burnet Road 8.45 RA-100 56 050.-01-13.3 8502 Burnet Road 1.15 RA-100 59 051.-01-05.1 State Route 31 44.27 RA-100 60 051.-01-05.4 5397 Burnet Road 3.43 RA-100 61 051.-01-10.9 8447 Burnet Road 5.50 RA-100 62 051.-01-10.6 8501 Burnet Road 5.05 RA-100 63 051.-01-10.7 Burnet Road 6.00 RA-100 64 051.-01-10.8 Burnet Road 5.00 RA-100 65 051.-01-12.0 8419 Burnet Road 1.14 RA-100 White Pine Commerce Park Town of Clay Zone Change Petition 66 051.-01-13.1 8424 Burnet Road 1.11 RA-100 67 051.-01-13.2 5363 State Route 31 0.97 RA-100 68 051.-01-13.3 5367 State Route 31 5.30 RA-100 69 051.-01-14.1 Burnet Road 25.85 R-15 70 051.-01-14.2 8450 Burnet Road 0.79 R-15 71 064.-01-06.3 Caughdenoy Road 1.32 RA-100 72 064.-01-08.0 5117 State Route 31 1.05 RA-100 73 051.-01-10.1 State Route 31 2.29 RA-100 In the image below, parcels zoned I-2 are shaded in dark green and the parcels zoned RA-100 (that parcels subject to this Petition) are zoned light green. This image is also attached as Exhibit 4. White Pine Commerce Park Town of Clay Zone Change Petition Below, is a modified excerpt of the Town Zoning Map. The Park is outlined in yellow. The I-2 zoned parcels are red, RA-100 parcels are white, and R-15 parcels are light green. Enclosed, please find the following Exhibits:
White Pine Commerce Park Town of Clay Zone Change Petition
9. Zone Change Petition fee of $400.00 Town Zoning Amendment Procedure and Planning Board Recommendation Under Zoning Code § 230-24.B(2), the Town Board shall approve the adoption of all modifications to the Town Zoning Code and corresponding changes to the zoning map. Pursuant to Zoning Code § 230-24.C(3)(d), OCIDA asks that Town Board to refer the Petition to the Town Planning Board for advisory review and comment. In turn, under Zoning Code § 230-159.E, OCIDA requests the Planning Board schedule the required informational hearing on the Petition then submit its written recommendation to the Town Board in a timely manner. For use and consideration by the Town Board and Planning Board in respective duties, OCIDA attaches a Zoning Change Petition – Standards of Review Analysis as Exhibit 2, which analyzes the standards of review for zoning map amendments set forth in Zoning Code § 230-24.C(2)(a)-(c). General Municipal Law Pursuant to General Municipal Law (‘GML”) §239-m, we ask that a full statement of the proposed action be referred to the Syracuse-Onondaga County Planning Agency, Onondaga County Planning Board. Additionally, pursuant to GML § 239-nn, please provide the Town of Cicero Town Clerk notice of any public hearing in relation to the Petition. State Environmental Quality Review Act Article 8 of the New York Environmental Conservation Law and 6 NYCRR Part 617 (“SEQRA”) requires state and local government agencies to consider environmental impacts of proposed actions during discretionary decision-making. In this case, development of the Park is part of a 2013 Final Generic Environmental Impact Statement (“GEIS”) and 2013 Finding Statement conducted by OCIDA as lead agency. The present expansion and development of the Park, inclusive of the Petition request, has been thoroughly evaluated and reviewed by OCIDA as part of its 2021 Final Supplemental GEIS, for which the Town of Clay Town Board, Zoning Board of Appeals, and Planning Department were involved agencies. Following issuance of the 2021 Final Supplemental GEIS, OCIDA issued its Findings Statement. The 2021 Findings Statement is enclosed as Exhibit 6 to this Petition and its conclusions are fully incorporated in this Petition. After taking a hard look and evaluating criteria for determining significance, the Finding Statement concludes that consistent with social, economic, and other essential considerations, the Park expansion and development, and underlying zoning map amendment (and this corresponding Petition request), avoids, minimizes, or mitigates to the maximum extent practicable, all significant adverse environmental impacts.
White Pine Commerce Park Town of Clay Zone Change Petition Conclusion The Petition request is a significant step in bringing the White Pine Commerce Park to life and bringing the positive impacts of such a transformational development to reality, to the Town of Clay, and the region. We look forward to further discussing OCIDA’s Petition with the Town. Thank you for your consideration.
Very truly yours, /s/ Jeffrey W. Davis Jeffrey W. Davis JWD:amg Enclosures cc: Robert Germain, Town of Clay Town Attorney Onondaga County Industrial Development Agency