HomeMy WebLinkAbout02-27-2023 Planning Board Agenda PacketPlanning Board Members: Chair Mark Baranello, Carole Lathrup, Dale Taylor, Sara Hollenbeck,
Karen Cushman Alternate: Mike Carboine
Agenda
1. Old Business
a. Review Tabled Drawings of the Ice Cream Store
Attachments:
Tabled Site Plan of the Ice Cream Store (Updated_Icecream_Store_Map.pdf)
2. New Business
Attachments:
Public Notice of Planning Board Meeting (LEGAL_NOTICE-_Meeting_of_PB_02-27-2023.p
df)
a. Application
Applicant
Propety Owner: Kajen LLC
Property Location: 1208 State Route 392
Tax Map No.: 126.00.14-02-21.000 & 126.14-02-20.110
Zoned: NR
Description of Project: This application is for a Site Plan Review to start the process for
gaining approval for a senior housing floating zone approval for a proposed senior/disabled
housing apartment building and community center.
Attachments:
Senior Housing Floating Zone Application (Senior_Housing_Floating_Zone_applicati
on_for_Kajen_LLC.pdf)
Proposed Senior Housing Floating Zone Maps (School_Proposal_Floting_Zone_Map
s_Kajen_LLC.pdf)
GML Application for Senior Housing Flaoting Zone (GML_School_Project_Kajan_LL
C_Stie_plan___2022-12-29_170123.pdf)
GML 239 Report from the County (Virgil_FZ__SPR_Kajen_LLC_TRH__002_.pdf)
Planning Board Agenda
Monday, February 27, 2023 at 7:00 pm
County Resolution 23-03 (RESOLUTION.Kajen_LLC.pdf)
3. Discussion on Appointing a Co-Chair to the Planning Board
4. Approve Minutes
Attachments:
Draft of the Planning Board meeting Minutes from January 23, 2023 (2022_PB_Minutes__
Draft_2___01-23-2023__1_.pdf)
5. Adjornment
| Agenda published on 02/16/2023 at 2:26 PM
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MEETING OF THE VIRGIL PLANNING BOARD
NOTICE IS HEREBY GIVEN that a meeting will be held before the Town of Virgil Planning
Board on February 27, 2023, 7 p.m. at the Virgil Town Hall 1176 Church Street, Virgil NY 13045.
This meeting is being held to consider an application for a Site Plan Review to start the process
for gaining approval for a senior housing floating zone approval for a proposed senior/disabled
housing apartment building and community center. Tax Map# 126.14-02-21.000 and 126.14-
0220.110. The applicant Kajen LLC wishes to purchase the former Virgil Elementary School
Building to turn it into senior housing and a community center.
The above application is available at www.virgilny.org or contact the office of the Town
Clerk at (607) 835-6174, Ext. 2. Persons wishing to speak may do so in person, by attorney, or by
another representative. Communications in writing in relation thereto may be filed ahead of
time with the Board or at such hearing.
Dated: 02-16-2023
Alane Van Donsel
Virgil Town Clerk on Behalf of
The Virgil Planning Board
1
Cortland County Planning Department ROBERT CORPORA
60 Central Ave • Cortland, New York 13045-2838 County Administrator
Telephone: (607) 753-5043 email: administrator@cortland-co.org
General Municipal Law (GML) 239 Report
______________________________________________________________________________________
TO: Cortland County Planning Board January 6, 2022
FROM: Cortland County Planning Department
RE: GML# 126.14-02-20.110 & -21.000 – Site Plan Review & Float Zoning Map Amendment
_______________________________________________________________________________________
Applicant: Kajen LLC
4287 N. Homer Ave
Cortland, NY 13045
Owner: Cortland Enlarged City School
Cortland, NY 13045
______________________________________________________________________________________
SYNOPSIS -
Site Plan Review & Float Zoning Map Amendment review for the purpose of
redeveloping a vacant elementary school into a senior/disabled persons living center and
community center. The property is described as 1208 Church Street (Tax ID 126.14-02-20.110 &
126.14-02-21.000) within the Town of Virgil. It is zoned NR (Neighborhood Residential) and is
within the Aquifer Protection District (Area III) in accordance with The Zoning Law of the Town of
Virgil, hereafter the Zoning Law. The site plan review and float zoning map amendment is being
referred to the Cortland County Planning Board because the property is located within 500 ft. of NYS
Route 215, NYS Route 392, & W State Rd (County Route 125).
______________________________________________________________________________________
ANALYSIS -
The applicant is requesting a site plan review and float zoning map amendment so they may
redevelop a vacant elementary school into a senior/disabled persons living center and community
center. Senior living centers are not permitted in NR (Neighborhood Residential) districts; however,
they are permitted in SH (Senior Housing) districts. The SH (Senior Housing) district is a floating
district, which means a property may be rezoned to an SH district following a site plan review. The
district would also be an overlay district as per Section 1805(C) of the Zoning Law. Since the
applicant wishes to redevelop the property into a senior/disabled persons living center, they have
applied for a site plan review and float zoning map amendment. The application is however including
both senior and disabled persons and the Zoning Law does not include disabled persons under the age
of 55 in the SH district as an individual resident. The two parcels are bordered on the North and East
by mostly residential properties, the Virgil Town Cemetery to the South and the United Methodist
Church and Virgil Town Hall to the West.
These parcels were first developed in the early 1930’s as a “Virgil Central School”. The school
then became part of the Cortland Enlarged City School District (CECSD) in July 1965 where it
remained until the school district reorganized its facilities and closed several elementary schools,
including Virgil, in July 2019. CECSD still owns the now vacant property. These parcels include the
elementary school building itself, associated parking lots, basketball courts, playground, 1514 ± feet
of walking trails, ball fields, picnic areas, and various outdoor exercise stations.
2
The applicant is proposing to repurpose the existing approximately 25,000 sf building with
minimal changes to the interior floor plan. A preliminary floor plan has been provided indicating
proposed room designation. The single story, southern,” back wing” or left side of the structure was
originally classrooms that are proposed to be renovated into 1 and 2 bedroom apartments. The first
floor of the “main building” is proposed to be repurposed from the existing cafeteria/auditorium to
being utilized for plays, concerts, passive recreational space, community meetings and gathering
space. Other offices and areas on this floor are proposed to become spaces for community computer
space, library, art and music classrooms, hair salon, barber shop, potential on-site medical facility,
exercise and physical therapy facility, and game room. The second floor of the “main area” is similar
to the “back wing” and proposed to contain additional 1 and 2 bedroom apartments for a total of 19
units. There is currently no plans for on-site food preparation but if the applicant offers on-site food
preparation or other commercial kitchen services in the future, it is recommended they coordinate
with the Cortland County Health Department
The applicant has indicated very few alterations to the exterior facilities as well. The planned
uses of the outdoor space include outdoor sporting events and car shows on the existing ball fields,
continued use of the walking trails and playground for the community, residents and their visitors.
The only new construction being proposed is the addition of 20 parking places to the existing Southern
parking lot.
The applicant has also indicated that the existing building will remain as the Emergency
Evacuation Site which has been the case for many years.
Sections 560 thru 572 of the Zoning Law outline additional regulations for properties in the
aquifer protection overlay district. It is anticipated that the proposed redevelopment will comply with
these regulations.
Sections 800 thru 804 of the Zoning Law outline the regulations regarding Landscaping,
screening and buffering. There are various locations where existing vegetation and buffer strips are
located. There are; however, several property and parking lot perimeters that do not currently meet
the requirements of sections of 802 and 803. Section 802 requires a 20ft heavily planted strip or
fencing to screen the activity on the lot from adjacent residential areas or roads. Section 803 requires
an 8ft wide landscaped perimeter around each parking lot. The East side of the parcels would be the
farthest from compliance, although if these features were to be added it should be noted that the visual
barrier may indeed reduce the open, community-oriented sense of the facility. It is therefore
recommended that the Town determine if the applicant should be required to incorporate additional
landscaping, screening or buffering.
Sections 900 thru 906 requires regulations pertaining to off-street parking. The applicant is
proposing to add 20 parking spaces to the existing 57 places available. It is difficult to determine the
actual number of parking spaces required as plans for the community-oriented programs and facilities
are not finalized at this phase of the project. It is therefore recommended that the Town review parking
requirement upon final site plan review. It is also recommended that the Town consider requesting
additional handicapped spaces be offered given the proposed use. Loading dock access and
emergency access lanes are existing and in conformance with section 906. On-site snow storage for
parking lots is also readily available.
3
Section 1002 covers general regulations for signage. The existing signage structure located at
the corner of W. State Road, Church Street and State Route 392 is a non-conforming sign as per 1002.
Subsection (H) of Section 1002 states that signs containing luminous material are prohibited. The
applicant does not intend to alter this LED message board and as it may be used to advertise programs,
events, and other information to the community. It is recommended that since this sign is existing and
was previously used to communicate messages to the community that the Town Planning Board
determine if a Sign Permit may be waived.
Section 1303 of the Zoning Law lists the information required for site plan review. Some of
the required information is present in the submission, however several details are missing. These
details include a summary of square footage devoted to each use requiring off-street parking or
loading, the location of fire and other emergency zones, including the location of fire hydrants, a table
summarizing building footprint breakdown as per Section 1303(B)(23), and final hours of operation.
Section 1303A allows the code enforcement officer to determine which information found on the
checklist (Section 1303B) is necessary for a full review. Since the applicant’s submittal is missing
several details required in Section 1303B of the Zoning Law, it is recommended that the code
enforcement officer determine if any of the missing information is necessary. It is further
recommended that the applicant provide any missing information determined to be necessary by the
code enforcement officer from Section 1303B of the Zoning Law.
Article XVIII of the Zoning Law outlines the regulations for Senior Housing Floating District.
The senior housing and proposed accessory uses satisfy the purpose as outlined in Section 1803.
Section 1804 includes definitions pertaining to the Senior Housing Floating District which defines a
Senior Citizen as an individual who is at least 55 years of age. The applicant shall finalize a
determination as to whether the Adult Living Community will be designated as an Independent Living
Facility and/or Congregate Housing as defined in Section 1804 of the Zoning Law.
The proposed site satisfies the requirements of Section 1806, Site Selection. Item E. of 1806
notes transportation access for residents. It is recommended that the applicant coordinate with the
Cortland County Mobility Manager to ensure appropriate access to public transportation for the
residents.
Section 1807 lists the Permitted Uses within the SH district. These permitted uses include a
child or grandchild with disabilities, who is a relative to a qualified resident. The list does not however
include a disabled person under the age of 55 not residing with a senior citizen. The applicant has
included housing for disabled persons in this redevelopment proposal. It is therefore recommended
that the Town determine if this designated use shall be allowed. If this use is determined to be
permitted it is recommended that the Town update Section 1807 of the Zoning Law to include
disabled persons and that the Town provide a clear definition of disabled (e.g. blindness, deafness,
physical functional limitations, handicap (not a synonym for disability), mental disabilities, speech
disorder, or visually impaired) be included in Section 1804.
The proposed development shall be a mixed use design providing accessory uses that shall be
accessible to residents as well as the public. The applicant has indicated that they are working on
finalizing firm commitments from other organizations to provide services listed such as a
medical/health office, salon/barber shop, bookstore, recreation facility, game room, concert hall, etc.).
4
The applicant has also indicated accessory uses for solely residents listed in section 1808(B) shall also
be provided.
All requirement of Section 1809 which covers area and density regulations are met including
lot size, unit density, structure height, and available green space.
When considering the criteria for rezoning to a Senior Housing District as per section 1810
the Planning board and Town board shall note that the existing facility is currently served by a private
septic system, two wells, and two on-site treatment plants that are located with the limits of the parcels.
The proposal satisfies requirements outlined in section 1810 and sections 1812-1816 pertaining to
site, building, sidewalk, and parking features. The previous use of the facility as an elementary school
required many of the same features including but not limited to: universal access standards, passenger
drop-off locations, adequate snow storage area, well defined streetscapes, shade trees, sitting benches,
site lighting, signage and appropriate parking layout.
The Coordinated Review Committee (CRC) reviewed this proposal with the applicant in
attendance and many questions were answered.
Finally, the proposed site plan review & aquifer protection special permit is considered an
unlisted action under SEQR. The applicant has therefore completed Part I of the Short Environmental
Assessment Form. Parts II & III should then be completed by the Town to determine if there may be
any significant adverse environmental impacts as a result of the proposed site plan review and float
zoning map amendment.
______________________________________________________________________________________
RECOMMENDATION -
The staff recommends approval of this application for site plan review and float zoning map
amendment for the redevelopment of the vacant elementary school into a senior/disabled persons
living center and community center only if the following contingencies are satisfied:
1. that if the applicant offers on-site food preparation or other commercial kitchen
services, they coordinate with the Cortland County Health Department.
2. that the Town determine if the applicant should be required to incorporate additional
landscaping, screening or buffering.
3. the Town review parking requirement upon final site plan review and consider
requesting additional handicapped spaces be offered given the proposed use.
4. since this sign is existing and was previously used to communicate messages to the
community that the Town Planning Board determine if a Sign Permit may be
waived.
5. that the applicant provides any missing information determined to be necessary by
the code enforcement officer from Section 1303B of the Zoning Law.
5
6. that the applicant finalize a determination as to whether the Adult Living
Community will be designated as an Independent Living Facility and/or Congregate
Housing as defined in Section 1804 of the Zoning Law.
7. that the applicant coordinate with the Cortland County Mobility Manager to ensure
appropriate access to public transportation for the residents.
8. that the Town determine if this designated use shall be allowed. If this use is
determined to be permitted it is recommended that the Town update Section 1807
of the Zoning Law to include disabled persons and that the Town provide a clear
definition of disabled (e.g. blindness, deafness, physical functional limitations,
handicap (not a synonym for disability), mental disabilities, speech disorder, or
visually impaired) be included in Section 1804.
9. that the applicant comply and obtain all Cortland County Environmental Health
regulations and permit as it pertains to the private wells and septics for this
project.
10. compliance with SEQR requirements.
Prepared by:
_______________
Cortland County Planning Staff
Planner
ON THE MOTION OF Paul Slowey RESOLUTION NO. 23-03
Ann Swisher
GML#126.14-02-20-110 &
126.14-02-21.000
Town of Virgil
Site Plan Review & Float Zoning
Map Amendment
Kajen, LLC
WHEREAS, on February 2, 2023 the Code Enforcement Officer, Town of Virgil
pursuant to General Municipal Law 239 M submitted an application for site plan review and Float
Zoning Map Amendment because the property is located on State Route 392.
WHEREAS, the Cortland County Planning Department has reviewed this request and
submitted a written report dated February 13, 2023, which is on file, AND
WHEREAS, the Cortland County Planning Board, on February 15, 2023, held a regular
meeting with a quorum and did consider this request, AND
WHEREAS, the Cortland County Planning Board did thoroughly consider the material
submitted by the petitioner, Department comments, and all other relevant reports on file, NOW
THEREFORE BE IT
RESOLVED, the staff recommends approval of this application for site plan review, &
float zoning map amendment for the purpose of redeveloping a vacant elementary school into a
senior/disabled persons living center and community center contingent upon the following:
1. that if the applicant offers on-site food preparation or other commercial kitchen services, they
coordinate with the Cortland County Health Department.
2. that the Town determine if the applicant should be required to incorporate additional landscaping,
screening or buffering.
3. the Town review parking requirement upon final site plan review and consider requesting additional
handicapped spaces be offered given the proposed use.
4. since this sign is existing and was previously used to communicate messages to the community that
the Town Planning Board determine if a Sign Permit may be waived.
5. that the applicant provides any missing information determined to be necessary by the code
enforcement officer from Section 1303B of the Zoning Law.
6. that the applicant finalize a determination as to whether the Adult Living Community will be
designated as an Independent Living Facility and/or Congregate Housing as defined in Section 1804
of the Zoning Law.
7. that the applicant coordinate with the Cortland County Mobility Manager to ensure appropriate
access to public transportation for the residents.
8. that the Town determine if this designated use shall be allowed. If this use is determined to be
permitted it is recommended that the Town update Section 1807 of the Zoning Law to include
disabled persons and that the Town provide a clear definition of disabled (e.g. blindness, deafness,
physical functional limitations, handicap (not a synonym for disability), mental disabilities, speech
disorder, or visually impaired) be included in Section 1804.
9. that the applicant comply and obtain all Cortland County Environmental Health regulations and
permit as it pertains to the private wells and septics for this project.
10. compliance with SEQR requirements.
BE IT FURTHER RESOLVED, that the Board reminds the Town of Virgil the
requirements of General Municipal Law Section 239 M that a supermajority vote is to be attained
by the Town in order to approve this application unless every contingency documented in this
resolution is followed, AND
BE IT FURTHER RESOLVED, that the Board reminds the Town of Virgil the
requirements of General Municipal Law Section 239 M that the Town is to file a report of final
action with the Planning Department within thirty days after final action, AND
BE IT FURTHER RESOLVED, that the Planning Department is hereby authorized to
convey this action to the Code Enforcement Officer, Town of Virgil.
_______________________________
Laurie Comfort, Secretary
Cortland County Planning Board
February 15, 2023
Ayes: 7
Nays: 2 (Absent)
Virgil Planning Board Meeting January 23, 2023
1 | Page
TOWN OF VIRGIL PLANNING BOARD MEETING
January 23, 2023, 7:00 PM
BOARD MEMBERS PRESENT: Planning Board Chair Mark Baranello, Board Members, Sara Hollenbeck, Carole Lathrup, Karen Cushman,
and Mike Carboine
OTHERS PRESENT: Alane Van Donsel Secretary
APPLICANTS & PUBLIC PRESENT: Applicant’s Robert and Christine Applegate, Zoning Officer Adam Brown
7:00 PM THE PLANNING BOARD CHAIR MARK BARANELLO CALLED THE PUBLIC HEARING TO ORDER
VIRGIL PLANNING BOARD SECRETRAY ALANE VAN DONSEL READ THE LEAGL NOTICE OUT LOAD: NOTICE IS HEREBY GIVEN that a
meeting and public hearing will be held before the Town of Virgil Planning Board on January 23, 2023, 7 p.m. at the Virgil Town Hall
1176 Church Street, Virgil NY 13045. This meeting is being held to consider an application for a Minor Subdivision for 1751 Van Donsel
Road, Cortland NY 13053 Tax Map# 137.00-02-02.000. Th applicant and owner wishes to subdivide 16.66 +/- acres from the existing
43.91 +/- acres. The above application is available at www.virgilny.org or contact the office of the Town Clerk at (607) 835-6174, Ext.
2. Persons wishing to speak may do so in person, by attorney, or by another representative. Communications in writing in relation
thereto may be filed ahead of time with the Board or at such hearing.
APPLICANT ROBERT APPLEGATE EXPLAINED THE SUBDIVISION: Mr. Applegate explained that hey would like to sell a portion of his
land to a friend who wishes to keep the subdivide parcel wild and do some shepherding. He stated that the land was originally
subdivide and they consolidated the parcels and now they would like to separate them again in order to sell the land to their friend.
Mark Baranello asked three times if there were any further comments, there were none. Chairmen Baranello closed the Public Hearing
portion of the Planning Board meeting at 7:06 PM and opened the regular portion of the meeting.
OLD BUSINESS:
CORTLAND COUNTY’S RESPONSE TO THE PROPOSED SUBDIVISION OF THE APPLEGATES LAND: Chairman Baranello asked Planning
Board Secretary Alane Van Donsel to read the county’s response to the proposed subdivision into the minutes: he staff of the Cortland
County Planning Department reviewed the application for a Minor Subdivision requested by Robert & Christine Applegate for the
purpose of subdividing 16.66+/- acres f om an existing 43.91+/- acre parcel. The property is described as 1751 Van Donsel Rd (Tax ID
137.00-02- 02.000) and is zoned ARC (Agricultural Residential Conservation) in accordance with The Zoning Law of the Town of Virgil,
hereafter the Zoning Law. The staff has determined that this request has no State or County-wide impact. Therefore, this request is
being returned to the Town of Virgil without going before the County Planning Board. If the Town of Virgil still feels that a full review
by the County Planning Board is necessary, please contact the County Planning Department as soon as possible. The applicant is
requesting a minor subdivision to subdivide 16.66+/- acres from an existing 43.91 +/-acre parcel. This minor subdivision will meet or
exceed all lot design standards set forth in the Zoning Law and the Town of Virgil Subdivision Regulations.
RESOLUTION #23-02 SEQR APPLEGATE: Alane Van Donsel, Planning Board secretary read through the questions on the short form
SEQR form. Member Carole Lathrop made a motion to declare a negative declaration on the Applegate subdivision. The motion was
seconded by Member Sara Hollenbeck. Vote: Vote: Ayes Baranello, Hollenbeck, Cushman, Lathrop and Carboine. Nays: None Motion
Carried
RESOLUTION #23-03 APPROVAL OF THE SUBDIVISION OF THE APPLEGATE LAND TAX MAP# 137.00-02-02.000: Member Karen
Cushman made a motion to approve the subdivision of the Applegate’s Land tax map # 137.00-02-02.000 as planned with the
stipulation that an updated survey must be submitted, signed by the Planning Board chair and filed with the Cortland County Clerk
within 62 days of signing. The motion was seconded by Member Mark Baranello. Vote: Ayes Baranello, Hollenbeck, Cushman, Lathrop
and Carboine. Nays: None Motion Carried
REVIEW OF UPDATED SITE PLAN OF THE ICE CREAM STORE: The applicant of the ice cream store Daniel Haynes was not present.
Baranello state that the map was an updated version of the site map with the added information that the Planning Board called for at
Virgil Planning Board Meeting January 23, 2023
2 | Page
the last meeting, but Baranello stated that he didn’t feel the drawings were up to par. Baranello was concerned if the drawings were
good enough for the Code and Zoning Officers to enforce compliance with the way the maps are drawn. Carole Lathrop voiced her
concerns as well. Mark Baranello stated that in retrospect he would have voted against approving the initial drawing. Attorney Dan
Ellis asked if the site plan was approved with the condition that he provides the details in the new drawings. Baranello stated that it
was approved provided they Haynes provides the details they enumerated. Baranello looked at the details in the site plan and
compared them to the items that were spelled out in the motion and the items are all there, however Baranello feels it’s a lousy
looking plan. Baranello said he was going to give Haynes a call, so that he shows up to present his revised plan and prove the validity
if it. Baranello felt it was presented minimally and obscurely. Sara Hollenbeck stated she didn’t want to hold the project back from
moving forward, but she does agree that he drawing could be more legible. Karen Cushman stated that there isn’t a screen drawn
around the dumpster, so it’s masked from public view. Attorney Dan Ellis stated that the Planning Board and the Code officer need to
be comfortable with the site plan in order to understand the conditions that have been placed on the plan so that they can be
reinforced through out the building process and if there are any changes in the site plan, but he did state that they do not need to
have a registered architect rendering the drawings as long as they meet the minimum standards of the zoning.
MOTION TO TABLE THE APPROVAL OF THE UPDATED SITE PLAN FOR THE ICE CREAM STORE: Member Carboine motioned to table
the review of the updated site plan of the ice cream store. Member Hollenbeck seconded the motion. Vote: Ayes Baranello,
Hollenbeck, Cushman, Lathrop and Carboine. Nays: None Motion Carried
RESOLUTION 23-04 PLANNING BOARD MINUTES FROM NOVEMBER 28, 2023: Member Sara Hollenbeck made a motion to approve
the Planning Board minutes from 11-28-2023 as presented. Member Carole Lathrop seconded the motion. Vote: Ayes Baranello,
Hollenbeck, Cushman, Lathrop. Abstain: Carboine. Nays: None Motion Carried
DISCUSSION: Karen Cushman asked if the tractor trailer with the Greek Peak sign was removed, and it was stated that it was. Town
Clerk and Planning Board secretary Van Donsel asked if the board might consider appointing a co-chair in the event that the Planning
board chair Mark Baranello needs to miss a meeting. The board wanted to wait for all the Planning Board members to be present
before making the decision.
With no further business to discuss, Chairman Baranello asked for a motion adjourn the meeting at 7:37 PM. Member Carole Lathrop
motioned to adjourn. Member Baranello seconded the motion. Vote: Ayes Baranello, Hollenbeck, Cushman, Lathrop. Nays: None
Motion Carried
Respectfully Submitted by,
Alane Van Donsel
For Alane Van Donsel
Planning Board Secretary
• Draft of these minutes were attached to the upcoming planning board meetings agenda for 02-27-2023 and sent to the
Planning Board Members, Town Attorney and CEO on 02-17-2023.