HomeMy WebLinkAboutI - 10 County Planning Review - Regan DevelopmentI 1 f'//aa =10
Cortland County Planning Department
60 Central Ave • Cortland, New York 13045-2838
Telephone: (607) 753-5043
RECEIVED OCT 1 0 2022
TRISHA R. JESSET, PE
Dirowr of Plawrirrg
email: tiessel8cortland-co.om
General Municipal Law (GML) Report
TO: Cortland County Planning Board October 14, 2022
FROM: Cortland County Planning Department
RE: GML #96.13-01-02.110 — Conditional Permit, Site Plan Review, Aquifer
Protection Special Permit, Area Variance, & Use Variance
Applicant: Larry Regan of Regan Development Owner: Joseph & Dante Armideo
1055 Saw Mill Road #204 1111 Davinci Drive
Ardsley, NY 10502 Cortland, NY 13045
SYNOPSIS -
Conditional Permit, Site Plan Review, Aquifer Protection Special Permit, Area
Variance, & Use Variance review for the purpose of constructing a four story mixed -use building
consisting of 68 apartment units and 6,278 square feet of commercial space. The property is
described as 978 NYS Route 13 (Tax ID 96.13-01-02.110) within the Town of Cortlandville. It is
zoned B-3 (Planned Commercial Business), PUD (Planned Unit Development), is within the Aquifer
Protection District, and is within the Wellhead Protection Area District (Zone ]a & Zone 2) in
accordance with the Code of the Town of Cortlandville, hereafter the Code. The conditional permit,
site plan review, aquifer protection special permit, area variance, and use variance review is being
referred to the Cortland County Planning Board because the property is located within 500 ft. of NYS
Route 13.
ANALYSIS -
The applicant is requesting a conditional permit, site plan review, aquifer protection special
permit, area variance, and use variance so they may construct a four story mixed -use building
consisting of 68 apartment units and 6,278 square feet of commercial space. The parcel is located in
two districts: B-3 (Planned Commercial Business) and PUD (Planned Unit Development). § 178-6 of
the Code states that in this case "the regulations applying to the major portion of the lot shall apply to
the whole lot..."As the majority of the lot is in the B-3 (Planned Commercial Business) district, only
the regulations of that district shall apply. Combinations of residential and commercial uses are
permitted in B-3 (Planned Commercial Business) districts subject to conditional permit and site plan
review. As the applicant is proposing a mixed -use building consisting of a combination of residential
and commercial uses, they have applied for a conditional permit and site plan review. §178-46 (B)
requires any development, other than residential, within the Aquifer Protection District exceeding
$150,000 in development cost to obtain an aquifer protection special permit. As this development
exceeds $150,000 in development cost, the applicant has also applied for an Aquifer Protection
Special Permit. § 178-76 (A) (5) of the Code requires the commercial portion of multi -story mixed-
use buildings consisting of multi -family residential and commercial uses to occupy a minimum gross
floor area equal to the story with the greatest floor area. As the proposed commercial space occupies
only a portion of one floor, the applicant has applied for an area variance. § 178-76 (A) (1) of the Code
requires multi -family dwellings with over four dwelling units to have a minimum of two means on
ingress and egress. As the applicant only proposes one means of ingress and egress, the applicant has
applied for a use variance.
This is the third application the county planning board has reviewed on this parcel. The first
one, in 1987, was for a planned unit development for the creation of a mobile home park. The board
recommended disapproval of the park citing aesthetic concerns. Historical imagery from Google
shows a mobile home park siting on the property in 1995, however the park has since been removed.
The second application, in July 2016, was a site plan review, aquifer protection special permit, and
subdivision to subdivide a 1.329+/- acre parcel from an existing 18.201+/- acre parcel and to construct
an eye care office on the subdivided parcel. The board recommended approval of that application with
eleven contingencies. The proposed eye care office was constructed and is now known as Sirgany
Eyecare.
The current application was originally proposed farther down Route 13 near Walmart,
although it was originally to construct a four story mixed use building with a total of 72 dwelling units
and 6,200 sq. ft. of retail space as Phase 1 of a larger project with future plans for five additional
buildings for residential and/or retail/commercial use. The board returned the application to the Town
with 13 recommendations to be included in the application for final review of Phase 1. The current
proposal does not include plans for additional buildings.
§178-2.3 and §178-2,4 of the Code prohibits and regulates uses and activities in the Wellhead
Protection Area District. The proposed development meets these requirements as it does not involve
any of the listed prohibited uses / activities and it does not decrease the parcel's greenspace below the
minimum of 50%. The site plan shows the project will provide about 80% greenspace.
§ 178-45 ofthe Code lists the restrictions and requirements for uses and activities in the aquifer
protection district. As this expansion does not involve any of the prohibited / regulated uses and
activities listed in §178-45, it meets these requirements.
§178-71 of the Code outlines the information required to be submitted with site plan
applications. The provided site plan is missing some of the details required by this section including
a drainage plan, a lighting plan, a landscaping plan, and the locations of site improvements, utilities,
fire hydrants, signs, and buffer areas. It is therefore recommended that the applicant provide the Town
with an updated site plan including all information required in §178-71 of the Code. It is further
recommended that the updated site plan take into consideration applicable guidelines in §178-140
"Design and Development Guidelines" of the Code.
§ 178-140 of the Code outlines design and development guidelines to be considered in all new
nonresidential developments and projects. The proposed project has incorporated many of these
guidelines, however there are a few more guidelines that may be pertinent for the Town and applicant
to consider. § 178-140 (F) (2) states that small parks, pocket parks, and plazas are important to
consider. The triangular -shaped strip of land between NYS Route 13, Otter Creek, and United Auto
Supply can be considered "dead space" or too small to develop. As this area of the Town has been
identified in the Town ofCortlandville Comprehensive Plan as a potential future "Town Center" area,
it is recommended that the Town consider whether a pocket park would be appropriate on the
triangular -shaped strip of land between NYS Route 13, Otter Creek, and United Auto Supply. § 178-
140 (D) (1) (a) of the Code shows that the Town wishes to provide a safe atmosphere for pedestrians
and nonmotorized uses such as bicycles. It is recommended that the applicant consider nonmotorized
traffic in the design of the proposed pedestrian walkways on the site plan.
§ 178-75 A of the Code outlines the requirements the applicant must prove to gain approval
for a conditional permit. These requirements include the project's compatibility with the surrounding
neighborhood, the adequacy of off-street parking, and whether it provides for the safe handling of
motorized and nonmotorized traffic. The proposal meets these requirements as it is compatible with
the surrounding neighborhood and provides adequate off-street parking and pedestrian walkways.
§ 178-75 B of the Code lists considerations the board must take to approve this conditional permit.
These considerations include the proposal's compatibility with the neighborhood and consistency
with the general intent of the Town of Cortlandville Comprehensive Plan. Goals 3.0 and 4.0 of the
Town ofCortlandville Comprehensive Plan, including many of their objectives, generally seem to be
in favor of dense mixed -use development in this area of the Town. As the proposal is compatible with
the neighborhood and follows the general intent of the Town ofCortlandville Comprehensive Plan, it
meets these considerations.
§ 178-76 of the Code lists additional conditional permit requirements for specific land uses.
As the proposal contains a mix of Residential and Business uses, it must meet the requirements
outlined in § 178-76 A "Residential" and H `Business". § 178-76 (A) (1) requires multifamily dwelling
such as the proposed project to provide two means of egress and ingress. As the proposal provides
only one means of egress and ingress, the applicant has applied for a use variance. In order for this
use variance to be granted the applicant must show that the applicable zoning regulation has caused
an unnecessary hardship. In order to prove such unnecessary hardship, the applicant must show that
(1) the applicant cannot realize a reasonable rate of return, provided that lack of return is substantial
as demonstrated by competent financial evidence, (2) the alleged hardship relating to the property in
question is unique and does not apply to a substantial portion of the district or neighborhood, (3) the
requested variance, if granted, will not alter the essential character of the neighborhood, and (4) the
alleged hardship has not been self-created. It is therefore recommended that, while considering the
requested use variance, the applicant show the Town that the applicable zoning regulation has caused
an unnecessary hardship. § 178-76 (A) (5) of the Code requires multi -story mixed -use developments
consisting of multi -family and commercial uses have said commercial use take up a minimum gross
floor area equal to the story with the greatest floor area. As the proposed commercial use in the
development takes up significantly less gross floor area than the largest story, the applicant has applied
for an area variance. In order to grant this area variance the Zoning Board of Appeals must balance
the benefit to be realized by the applicant against any potential detriment to the health, safety and
general welfare of the neighborhood or community. It is therefore recommended that, while
considering the requested area variance, the Town balance the benefit to be realized by the applicant
against any potential detriment to the health, safety, and general welfare of the neighborhood or
community. The proposal meets the requirements of §178-76 H `Business" as neither of the listed
requirements apply.
§ 178-90 of the Code requires the applicant to prepare a stormwater pollution prevention plan
(SWPPP) before initiating any land clearing, land grading, earth moving, paving, property
subdivisions, or construction or development activities, where such activities otherwise require a
special or conditional permit. As the applicant has not provided a SWPPP, it is recommended that the
applicant prepare a storm water pollution prevention plan (SWPPP) in compliance with both
NYSDEC stormwater regulations and the Town of Cortlandville stormwater ordinance (Article XVI
of the 1985 Zoning Law of the Town of Cortlandville, Cortland County, New York) and provide it to
the Town for review.
The Coordinated Review Committee (CRC) reviewed this proposal and addressed the
following issues:
Jeffrey Deep, Acting Regional Permit Engineer at the NYS Department of Transportation
(NYSDOT), had multiple comments:
a. Any work within the State right-of-way, including driveway alteration and sidewalk
connections, will require a Highway Work Permit.
b. Access to Route 13 must be reviewed and approved by NYSDOT.
c. Trip information for the site is needed. Additional traffic information and a Traffic
Impact Study may be required.
d. A SWPPP will be needed for review; additional stormwater to the State's drainage
system via Otter Creek is prohibited.
2. Julie Melangon, CPESC, Environmental Program Specialist II at the NYS Department of
Environmental Conservation, had multiple comments:
a. No post -construction SMPs can be sited in the FEMA floodplain. It appears on the
initial plans that it will not be an issue.
b. There are water resources on site. Please reach out to Holly Granat in the Region 7
DEC office for coordination.
3. Holly Granat, Environmental Analyst at the NYS Department of Environmental
Conservation, commented that she recommends reaching out to the Army Corps of
Engineers. If a federal permit is required, DEC will need to issue an Individual Water
Quality Certification.
4. Kathy McGrath, NYSESCCP Water Quality Specialist at the Cortland County Soil & Water
Conservation District, had multiple comments:
a. Post -construction stormwater facilities will likely be required by both NYSDEC and
the Town of Cortlandville.
b. Exact layout of the proposed building relative to slope was not provided in review
materials. Approximately one-third of the area proposed for construction is of slopes
as high as 15-251/o, including a considerable portion of the building that is proposed
for construction. These slopes increase vulnerability to erosion and excess stormwater
runoff. Both erosion and sediment control during construction and post -construction
stormwater management must be installed and managed consistent with regulations
to avoid contamination of Otter Creek and impacts on roads and downgradient
properties.
c. Approximately the western half of the area proposed for construction along Otter
Creek has relatively shallow (-50cm) depth to groundwater. This may affect
construction and limit post -construction stormwater management facility options.
d. Otter Creek is in the immediate vicinity of the entrance road and proposed building
construction. A vegetated buffer should be left in place to protect the creek and erosion
and sediment control practices must be effective to ensure that water quality is not
degraded during construction.
The applicant attended the CRC, took these comments into consideration, and answered many
questions verbally.
Finally, the proposed conditional permit, site plan review, aquifer protection special permit,
area variance, and use variance is considered a Type I Action under SEQR. The applicant has
therefore completed Part I of a Full 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 development.
RECOMMENDATION -
The staff recommends approval of this application for conditional permit, site plan review,
aquifer protection special permit, area variance, and use variance to construct a four story mixed -use
building consisting of 68 apartment units and 6,278 square feet of commercial space only if the
followine contineencies are satisfied:
1. that the applicant provide the Town with an updated site plan including all information
required in § 178-71 of the Code of the Town of Cortlandville.
2. that the updated site plan take into consideration applicable guidelines in §178-140
"Design and Development Guidelines" of the Code of the Town of Cortlandville.
3. that the applicant and Town consider whether a pocket park would be appropriate on the
triangular -shaped strip of land between NYS Route 13, Otter Creek, and United Auto
Supply.
4, that the applicant consider nonmotorized traffic in the design of the proposed pedestrian
walkways on the site plan.
5. that, while considering the requested use variance, the applicant show the Town that the
applicable zoning regulation has caused an unnecessary hardship.
6. that, while considering the requested area variance, the Town balance the benefit to be
realized by the applicant against any potential detriment to the health, safety, and general
welfare of the neighborhood or community.
7. that the applicant prepare a storm water pollution prevention plan (S WPPP) in compliance
with both NYSDEC stormwater regulations and the Town of Cortlandville stormwater
ordinance (Article XVI of the 1985 Zoning Law of the Town of Cortlandville, Cortland
County, New York) and provide it to the Town for review.
8. that the applicant obtain a Highway Work Permit for any work within the State right-of-
way, including driveway alteration and sidewalk connections.
9, that access to NYS Route 13 be reviewed and approved by NYSDOT.
10. that the applicant provide NYSDOT with the required storm water pollution prevention
plan (SWPPP).
11. that no post -construction SMPs be sited in the FEMA floodplain.
12. that the applicant reach out to Holly Granat in the Region 7 DEC office for coordination
of water resources on site.
13. that, if an Army Corps of Engineers permit is required, the applicant apply for an
Individual Water Quality Certification and have it issued by NYSDEC.
14. that both erosion and sediment control during construction and post -construction
stormwater management be installed and managed consistent with regulations to avoid
contamination of Otter Creek and impacts on roads and downgradient properties.
15. that a vegetated buffer be left in place to protect the creek.
16. that erosion and sediment control practices be effective to ensure that water quality is not
degraded during construction.
17. compliance with SEQR requirements.
Prepared by: vicwedF ' ed by:
Alex M. Schultz Trisha Jesset, P.E.
Planner Director of Planning