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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