HomeMy WebLinkAboutI - 10 Cortland Chrysler Dodge Jeep PB Review & RecommendationsCortland 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 Return
April 7, 2023
GML# 86.17-01-08.210
Town of Cortlandville
Aquifer Protection District
Special Permit, Conditional Permit,
Area Variances
Cortland Chrysler Dodge Jeep, Inc
TO: Cortland County Planning Board
FROM: Cortland County Planning Department
______________________________________________________________________________
These applications for an aquifer protection district special permit, conditional permit, and area variance are
being referred to the Cortland County Planning Board pursuant to General Municipal Law 239-M because the
property is located within 500 ft. of NYS Route 281 (West Road).
______________________________________________________________________________
GENERAL INFORMATION
Date Received: March 2023
Applicant: Cortland Chrysler Dodge Jeep, Inc
3878 West Road (Route 281)
Cortland, NY 13045
Status of Applicant: Owner
Requested Action: Area Variance, Conditional Permit, and Aquifer Protection
District Special Permit
Purpose: to construct a new 24,460 sf. auto sales and car repair facility
Location: on NYS Route 281, across from the intersection of Luker Rd.
and NYS Route 281
Size: 4.53 +/- acres
Existing Zoning: B-3 (Planned Commercial Business)
Existing Land Use: Cortland Chrysler Dodge Jeep, Inc
Surrounding Zoning: B-3 (Planned Commercial Business)
Surrounding Land Uses: N – KFC
S – Vacant lot and former Kellogg Auto Supply
E – Vacant lot and City of Cortland Water Works
W – Echo Park Automotive
ANALYSIS:
The applicant is requesting an area variance, conditional permit and aquifer protection district special
permit to demolish the existing 14,000 sq. ft. building and construct a new 24,460 sq. ft. auto sales and repair
facility with additional paved area. The property is located across the road from the intersection of Luker Rd.
and NYS Route 281 and is zoned B-3 (Planned Commercial Business).
This is the fifth time this property has been before the County Planning Board for review. In April
1988, the Board recommended approval for a Subdivision and Site Plan Approval to construct the automobile
sales dealership and service facilities subject to meeting the conditions set forth in the staff report for the project.
This is when the present location for this dealership first began.
In May of 1989 the County Planning Board received an application for bulk variance for a proposed
213 sq. ft. sign structure to be located on the side of NYS Route 281. The recommendation was denial as the
board felt that no practical difficulty or hardship had been demonstrated. The structure was never approved.
In July 1996 a subdivision was applied for to provide a land swap with the owners of the vacant lot
adjacent to the parcel on the southern and eastern boundaries. The staff recommended approval contingent
upon further consolidations that would prevent “land locking”. The County Planning Board did not as a quorum
was not present and the current tax map shows the subdivision was never completed.
In October of 1996 another bulk variance was received to replace the existing 12’x10’, 30’ high sign
with a more modern looking 15’x10’, 35’ high sign. A return letter was sent to the Town finding that there
were no State or County-Wide negative impacts.
On January 20th, 2023 there was a large fire in the service area that caused damage beyond repair,
therefore the applicant is submitted the applications listed above in order to completely rebuild the existing
automobile sales and service facility.
The Coordinated Review Committee (CRC) reviewed this proposal and addressed the following issues.
Automobile repair facilities are permitted in the B-3 District subject to a conditional permit. An aquifer
protection district special permit is also required as there are additional requirements for automobile repair
facilities within the aquifer protection district and the project would exceed $150,000 in development cost. The
site currently has approximately 245 parking spaces, and this project includes 317 parking spaces for
customers, employees, service, and inventory for a net increase of seventy-two (72) parking spaces. All the
existing parking lot is to be replaced with the additional footprint added to be mainly behind the new facility
for inventory parking. The proposed new parking spaces conform to the Town’s requirements of 10ft. by 20ft.
for the customer and employee parking, however the spaces for inventory and service are proposed to be 9ft
by 18ft. All of the existing spaces are currently 9ft by 18ft therefore the proposed layout is acceptable given
the proposed uses of such spots.
The project is located within Area 1a of the Town’s Wellhead Protection Zone and therefore is required
to have less than 50% lot coverage. The proposed project would increase the existing lot coverage and
impervious area from 62.5% to 75.7% which is well above the allowable 50% therefore the applicant has
applied for an area variance. In order for this area variance for exceeding the allowable lot coverage by 25.7%
to be granted the applicant must prove that:
(a) There is good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the
applicant;
(c) A determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws or ordinances
In accordance with Code section 178-83 (6): Variance Procedure.
This property is also located within Area I of the Aquifer Protection District. Vehicle servicing within
the Aquifer Protection District is subject to the following requirements:
1. Floor drains must be connected to a holding tank or sanitary sewer equipped with an oil and grit
separating tank. The applicant is proposing to install floor drains in this portion of the facility as
vehicles would be washed before body work is performed.
2. Wastes collected in a holding tank must be disposed of through a licensed waste hauler.
3. Waste degreasing solvents must be stored in drums or a holding tank and disposed of through a licensed
waste hauler.
4. Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler.
5. Storage facilities for tanks and/or drums require coated concrete floors and dikes to retain accidental
spills or leaks; a permanent roof to protect tanks or drums and to prevent precipitation from entering
dikes. Drums should be sealed, and tanks and drums must be located away from floor drains.
6. Large drip pans should be kept beneath drums which have spigots and are stored in horizontal position
on racks.
7. Potentially contaminated scrap, including but not limited to scrap parts, batteries and used filters shall
be stored in proper containers to prevent environmental release of contaminants.
The Cortland County Soil and Water Conservation District noted that “This site is immediately
upgradient of and approximately 1800 feet from the City of Cortland public water supply well (PSW) and
is located over the Cortland Homer Preble Sole Source Aquifer. Siting of any commercial/industrial
facility handling toxic and hazardous substances at a location such as this is of concern for the safety of
the City’s only water supply. All collected waste fluids should be pretreated in an oil-water separator
under cover and discharged to the public sewage treatment infrastructure.”
It is therefore recommended that all collected waste fluids should be pretreated in an oil-water separator
under cover and discharged to the public sewage treatment infrastructure
The applicant has not provided specific information as to the exact nature of repairs to be performed at
the facility. It is assumed that it would be used strictly for general auto repair as outlined in the application,
but there are no details regarding ventilation or chemicals/materials to be used at the facility. It is recommended
that the applicant provide to the Town a list and quantity of all chemicals to be stored on site, including a plan
of primary and secondary storage for these chemicals. The applicant should also detail any plans for paint
booth use, car wash or other operations including chemicals with the chemical list/storage plan mentioned
above if they apply. It is also recommended that the applicant submits to the Town a Spill Response Plan and
Spill Prevention, Control & Countermeasures Plan for the facility for review and approval.
The applicant has indicated that there would be little or no increase in traffic generated by this
demolition and reconstruction of the new sales and repair facility. All vehicles would enter the site via an
existing driveway on the east side of NYS Route 281 and exit the site via the same existing driveway entrance.
Jeffrey Deep from the NYS Department of Transportation (DOT) noted the following items:
the applicant must coordinate the site development with NYSDOT, including site plan, drainage report,
and photometric plan
any work within the State right-of-way will require a Highway Work Permit
the traffic signal has loop detection, the proposed pavement work will destroy the detection. The
applicant is responsible for installing detection meeting current NYSDOT standards
The proposed new facility will be on the Town’s public water and sewer systems. It is recommended
that the applicant consult with the County Health Department and Town regarding any approvals required
for these connections and to ensure the existing connections will be sufficient.
The applicant has indicated that the existing free-standing sign is to remain. The building elevation
plans show 6 proposed wall mounted signs. Code Article XVIII: Signs, section 178-112, Table 1 requires a
minimum of 8% of wall coverage as the maximum size and a maximum number of 2 signs. The number of
signs proposed is 4 more than allowed therefore the applicant has included this for area variance as well. The
actual dimensions of the signs have not been provided by the applicant. It is recommended that the applicant
submit final sign dimensions for the Towns approval prior to the approval of the area variance.
The applicant has not yet submitted a Stormwater Pollution Prevention Plan for this development per
the Town’s stormwater ordinance as the total impervious surface of the lot would be more than 35% of
the total lot area. During the CRC meeting the Cortland County Soil and Water Conservation District
noted that “Stormwater management of this project is regulated by the Town of Cortlandville (municipal
ordinance) and NYSDEC (SPDES). Because this facility will include vehicle servicing, any area where
vehicles requiring service are parked and not under cover is considered a hotspot; hotspot rules for
stormwater management will apply. Hotspot requirements in the NYSDEC Design Manual should be
carefully reviewed to ensure adequate treatment. Hotspot stormwater should not be treated with
infiltration practices without pretreatment focused on the specific contaminants present. Stormwater
management should ensure adequate treatment of both quality and quantity aspects of stormwater from
this property, including hotspot drainage”.
It is also determined that more than one acre of land will be disturbed as a result of this project, the
applicant must also file a Notice of Intent with the NYS Department of Environmental Conservation
(DEC) in addition to the preparation of a stormwater pollution prevention plan for the site per the NYS
Phase II stormwater regulations.
There is a new stormwater collection system and retention area being proposed. The area of
impervious surfaces are significantly increasing. With Otter Creek less than 1000 feet down gradient from
the development the applicant shall ensure that no contaminants or excess stormwater should be permitted
to reach the creek. The Soil and Water Conservation District will be reviewing the stormwater plan on
behalf of the Town and it is recommended that the applicant consult with the District before proceeding
further in the stormwater design process.
Given the extent of the fire occurring in January of this year it is also recommended that the Town
require the applicant to complete any necessary remediation. We recommend that the Town receive
verification from NYSDEC, Cortland County Health Department, and/or the Cortland County Soil and
Water Conservation District that all required remediation of the recent event is complete prior to
commencement of construction and that no proposed excavation or work shall further endanger the
municipal public water supply.
Finally, this proposal is considered an Unlisted Action under SEQR. The applicant has completed Part
I of the Short Environmental Assessment Form. Part II and III should be completed by the Town to determine
if there may be any significant adverse environmental impacts as a result of the proposed development.
RECOMMENDATIONS
The staff recommends approval of this application for an Aquifer Protection District Special Permit,
Conditional Permit & Area Variances for the replacement of current automobile sale and service building with
a new 24,460 SF facility with additional paving only if the following contingencies are satisfied:
1. in order for this area variance for exceeding the allowable lot coverage by 25.7% to be granted the
applicant must prove that:
(a) There is good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the
applicant;
(c) A determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws or ordinances
2. that the applicant submit final sign dimensions of the building mounted signs for the Towns’ review
and that the same proof be provided as above in order for area variance to be approved
3. any proposed floor drains must be connected to a holding tank or sanitary sewer equipped with an oil
and grit separating tank
4. any wastes collected in a holding tank must be disposed of through a licensed waste hauler
5. waste degreasing solvents must be stored in drums or a holding tank and disposed of through a licensed
waste hauler
6. waste oil must be stored in tanks or drums for disposal by a licensed waste hauler
7. storage facilities for tanks and/or drums require coated concrete floors and dikes to retain accidental
spills or leaks; a permanent roof to protect tanks or drums and to prevent precipitation from entering
dikes. Drums should be sealed, and tanks and drums must be located away from floor drains
8. large drip pans should be kept beneath drums which have spigots and are stored in horizontal position
on racks
9. potentially contaminated scrap, including but not limited to scrap parts, batteries and used filters shall
be stored in proper containers to prevent environmental release of contaminants
10. submittal of a list and quantity of all chemicals to be stored on site to the Town, regardless of the
quantity, including a plan for primary and secondary storage for these chemicals, as well a plan for
paint booth emissions
11. the applicant’s submittal and the Town’s acceptance of the Spill Response Plan and Spill Prevention,
Control & Countermeasures Plan for the site
12. the County Health Department and Town being consulted regarding any approvals required for the
connection to the existing building’s public water and sewer facilities
13. that all collected waste fluids should be pretreated in an oil-water separator under cover and
discharged to the public sewage treatment infrastructure
14. any new lighting for the site being directed in such a manner so as to not infringe on the
neighboring properties
15. the Stormwater Pollution Prevention Plan for the site being approved by the Town
upon review by the County Soil and Water Conservation District
16. the applicant file a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of a stormwater pollution prevention plan for
the site per the NYS Phase II stormwater regulations as it is determined that this proposal would
result in the disturbance of more than one acre of land
17. the applicant must coordinate the site development with NYSDOT, including site plan, drainage report,
and photometric plan
18. any work within the State right-of-way will require a Highway Work Permit
19. the traffic signal has loop detection, the proposed pavement work will destroy the detection. The
applicant is responsible for installing detection meeting current NYSDOT standards
20. that the Town receive verification from NYSDEC, Cortland County Health Department, and/or the
Cortland County Soil and Water Conservation District that all required remediation of the recent
event is complete prior to commencement of construction and that no proposed excavation or work
shall further endanger the municipal public water supply
21. compliance with SEQR requirements