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HomeMy WebLinkAbout04-27-2023 Agenda PacketPlanning Board Members: Chair Mark Baranello, Carole Lathrup, Dale Taylor, Sara Hollenbeck, Karen Cushman, Alternate: Mike Carboine Agenda 1. Public Hearing Attachments: Public Hearing Legal Notice (LEGAL_NOTICE-_Public_Heairng_of_PB_04-27-2023.docx) Letter Mailed to 62 neighbors of the Virgil Elementary School Building (Letter_To_the_Fo rmer_Virgil_School_building_Maile_04-14-2023.pdf) 2. Old Business: Site Plan Review a. Application for a Site Plan Review Applicant: Kajen LLC Propety Owner: Proposed 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: The applicant is seeking a Site Plan Review to start the process to gain approval for a senior housing floating zone for a proposed senior/Accessible housing apartment building and community center. Attachments: Proposed Virgil Senior Living Center Floor Plan (Virgil_Senior_Living_Center_Floor_ Plans.pdf) Virgil Elementary School Building Survey (Virgil_Elementary_School_Survey.pdf) Resolution #23-03 Cortland County Planning (RESOLUTION.Kajen_LLC.pdf) Cortland County GML 239 Report (Virgil_FZ__SPR_Kajen_LLC_TRH__002_.pdf) 3. New Business NONE 4. Approve Minutes Attachments: Planning Board Meeting mInutes 03-27-2023 (03-27-2023_PB_Minutes__1st_Draft___02-2 Planning Board Agenda Thursday, April 27, 2023 at 7:00 pm 7-2023__1_.pdf) 5. Adjornment | Agenda published on 04/20/2023 at 2:09 PM NOTICE OF PUBLIC HEARING AND A SPECIAL MEETING DATE OF THE VIRGIL PLANNING BOARD NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Town of Virgil Planning Board on Thursday April 27, 2023, 7:00 PM at the Virgil Town Hall, 1176 Church Street, Virgil, NY 13045. The public hearing is being held to consider an application for a Site Plan Review and solicit public comment to start the process to gain approval for a senior housing floating zone at the former Virgil Elementary School, Tax Map# 126.14-02-21.000 and 126.14-02-20.110. The applicant, Kajen LLC, is proposing to convert the former Virgil Elementary School property into senior housing and a community center. NOTICE IS ALSO HEREBY GIVEN that a special meeting will be held by the Virgil Planning Board on Thursday April 27, 2023, at 7:01 PM or immediately following the public hearing. Please note there is a change of the night of the regular board meeting and the board will be meeting on Thursday instead of Monday due to a lack of a quorum on Monday. The above referenced 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. Alane Van Donsel Virgil Town Clerk on Behalf of The Virgil Planning Board TOWN OF VIRGIL PHONE: 607-835-6174 FAX: 607-835-6668 1176 CHURCH STREET VIRGIL, NEW YORK 13045 Neighbor of the former Virgil Elementary School building Property Located at 1208 Church Street Virgil, New York 13045 Tax Map #126.14-02-21.000 and 126.14-0220.110 Dear Neighbor of the former Virgil Elementary School building, April 14, 2023 Please accept this letter as a courtesy letter informing you that the proposed property developer Kajen LLC who is looking to purchase the former Virgil School Building and the land associated with the school tax map #’s 126.14-02-21.000 and 126.14-02-20.110. is scheduled to appear before the Virgil Planning Board on Thursday April 27, 2023 at 7:00 PM at the Virgil Town Hall, 1176 Church Street, Cortland, NY 13045. (Please note the change in the day of the meeting.) The applicant, Kajen LLC, is proposing to convert the former Virgil Elementary School property into senior housing and a community center. All documents may be viewed on the town’s website at www.VirgilNY.org. To View the full agenda, go to www.virgilny.org on the more tab, look for the planning board page you will find a link to the agenda at the bottom of the page. If you have any further questions, feel free to contact the Virgil Town Clerk at 607- 749-0038 via call or text. Sincerely, Alane Van Donsel Alane Van Donsel Virgil Town Clerk and Planning Board Secretary (62 of these letters was mailed out to neighbors of the former Virgil Elementary School Building, on 04-14-2013– AV) 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) 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 Virgil Planning Board Meeting March 27, 2023 1 | Page TOWN OF VIRGIL PLANNING BOARD MEETING AND SPECIAL SCHOOL TOUR March 27, 2023, 5:00 PM BOARD MEMBERS PRESENT: Planning Board Chair Mark Baranello, Board Members, Sara Hollenbeck, Carole Lathrup, Karen Cushman, and Dale Taylor Alternate Mike Carboine OTHERS PRESENT: Alane Van Donsel Secretary, Attorney Dan Ellis, Zoning Officer Adam Brown, Town Supervisor John Kaminski, County Legislator Sandy Price, Neil Helms Cortland Enlarged City School District APPLICANTS PRESENT: Applicant’s Steve and Yvonne Terwilliger PUBLIC PRESENT: Cynthia Bush, Al & Bev Munson, Al & Gayle Kryger, Sylvia Cook, Bessie and Gene King Jr., Jan Stisser, Gary Wood, Lee McDuffee, Gayland Darling, Scott & Lisa Snyder, Carol Congdon, James & Sharon Sanford, Johnny and Alex Sanford, Charles & Jessica House, Blaire Forshee, Clayton & Susan Moore, Anne Culp 5:00 PM THE PLANNING BOARD CHAIR MARK BARANELLO MADE AN ANNOUNCEMENT REGARDING THE SCHOOL TOUR: Mark Baranello stated that the developer Steve Terwilliger will be leading us around the school explaining the general plans for the building. He said that he is sure that everybody will have a million questions, but to keep the party moving he would appreciate it if people wait to ask questions until the tour is completed. Mr. Baranello stated that the board will be going back to the town hall after the tour to continue the regular meeting. He said that Mr. Terwilliger will be happy to answer all of their questions at that time. He also said that the board will have questions as well. He thanked everyone for coming and he said that It's great to have community with interest. An audio recording of the tour was taken, and a copy of such recording is available to listen to on the Virgil website through a link through Laserfiche. OLD BUSINESS: None NEW BUSINESS: PUBLIC NOTICE OF SPECIAL MEETING TOUR OF THE VIRGIL SCHOOL BUILDING AND THE REGULAR PLANNING BOARD MEETING THAT FOLLOWED: NOTICE IS HEREBY GIVEN that a special meeting will be held on March 27, 2023, with the Town of Virgil Planning Board for the purpose of touring the former Virgil Elementary School Building. The board will meet at the Virgil Town Hall 1176 Church Street, Virgil NY 13045 at 5:00PM on Monday 3-27-23. This meeting will include a tour of the former Virgil Elementary School located at 1208 Church Street in the Town of Virgil with prospective property owner Kajen LLC. Following the tour, the meeting will return to the Virgil Town Hall to complete any remaining agenda items. Kajen LLC wishes to acquire the former Virgil Elementary School Building to convert into senior housing and a community center. Information on this proposed project is available at www.virgilny.org or contact the office of the Town Clerk at (607) 835-6174, Ext. 2. Any persons wishing to attend the tour may do so and may attend the planning board meeting. Individuals are invited to attend and may speak 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 meeting. The location of the meeting is accessible to persons with disabilities. If special accommodations are needed for persons with disabilities, those with hearing impairments, or those in need of translation from English, those individuals should contact the Town of Virgil PLANNING BOARD CHAIR MARK BARANELLO OPENED THE REGULAR PORTION OF THE PLANNING BOARD MEETING: Discussion ensued regarding the future for the Virgil Elementary School Building with Developer Steve Terwilliger. Virgil Resident Dale Taylor voiced concern regarding the security for the residents. Terwilliger stated that the residents would be secure. Taylor was concerned on concert nights. Anne Culp who is on the board for the Center for the Arts stated that they have trained staff who are ushers. And they always have a certain ratio of ushers to people. Zoning Officer Adam Brown stated that there are regulations in the fire code regarding large crowds. Karen Cushman wanted to know how loiterers would be stopped. Terwilliger stated that the building would be secure as there will be a locked door between the public and the residents. Mark Baranello asked if there will be a bus service. Terwilliger stated that he working with the county this matter, but they are on a tight budget. He said once there is activity in the building, they may be able to get buses. Sara Hollenbeck asked if they could get the drawings electronically. Baranello asked how much further Terwilliger is willing to before he buys the building. Terwilliger feels he's already there. there. Discussion continued. Terwilliger made it clear that he is talking about senior housing and not incorporating handicapped housing. The entire conversation is available to listen to on the Virgil website www.virgilny.org. RESOLUTION #23- 09 SET A PUBLIC HEARING DATE OF THE VIRGIL PLANNING BOARD: Member Taylor made to set a public hearing date for the next Planning Board Meeting scheduled for April 24th at 7:00PM. This will give an opportunity for the public to give input on the site plan for the Virgil Elementary School Project. Member Lathrop seconded the motion. Vote: Ayes Baranello, Hollenbeck, Cushman, Lathrop, Taylor. Nays: None Motion Carried RESOLUTION 23-10 PLANNING BOARD MINUTES FROM February 27, 2023: Member Dale Taylor made a motion to approve the Planning Board minutes from 02-27-2023. Member Sara Hollenbeck seconded the motion. Vote: Ayes Baranello, Hollenbeck, Cushman, Taylor. Abstain: Lathrop. Nays: None Motion Carried With no further business to discuss, Chairman Baranello asked for a motion adjourn the meeting at 7:10 PM. Member Carole Lathrop motioned to adjourn. Member Dale Taylor seconded the motion. Vote: Ayes Baranello, Hollenbeck, Cushman, Lathrop and Taylor. Nays: None Motion Carried Respectfully Submitted by, Virgil Planning Board Meeting March 27, 2023 2 | Page Alane Van Donsel For Alane Van Donsel Planning Board Secretary • Draft of these minutes were attached to the upcoming planning board meetings agenda for 04-24-2023 and sent to the Planning Board Members, Town Attorney and CEO on 04-17-2023