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HomeMy WebLinkAbout2015-07-28 SEQRA Part 3 Attachment 538.662.Sun Homes.Phase 3 Amendments.EAFPart3 Neg Dec Attachment EAF PART 3,NEGATIVE DECLARATION ATTACHMENT ZONING PETITION AND PUD CONCEPT PLAN SUN HOMES RYE BROOK,1100 KING STREET,RYE BROOK,N.Y. REASONS SUPPORTING THIS DETERMINATION Description of the Property The 31.5-acre property, known as Section 15, Block 1, L located at 1100 King Street in the Reckson Executive Park, is within the OB-1 Zoning istrict, and the 60 Ldn Noise Contour Critical Environmental Area (CEA) and the Z-1 Instrument Approach Zone of Westchester County Airport. The Phase 3 building lot is located west of the current terminus of International Drive and extends generally west to the Blind Brook. The western property line of the subject lot follows the course of the Blind Brook for the most part; however, a 0.5-acre portion of the lot is within the TownNillage of Harrison. The lot has an existing approved site plan and is partially developed with storm water management and water quality facilities that are under construction and mostly complete. These facilities were constructed as part of the existing office building approval. Generally, the rest of the lot is naturally vegetated. The existing special permit and site plan approvals for office development have undergone a series of amendments and extensions of approval since the original approval in 1990. The current special permit, site plan and wetlands permit approvals for a 280,000 square-foot office building and 1,120 parking spaces were extended in December, 2010 by the Board of Trustees and are valid until December 14, 2015. Description of the Proposed Action The Proposed Action, submitted by Buckingham Partners and Sun Homes on behalf of the property owner, Reckson Operating Partnership, LP, seeks approval of Zoning Map and Zoning Code amendments, and approval of a Planned Unit Development (PUD) Concept Plan to construct 100 market-rate, attached and detached, single-family homes and 10 semi-attached, single-family, affordable homes that would qualify under the Rye Brook Fair and Affordable Housing (FAH) regulations as affordable homes. The development would also include a community building, a swimming pool, and associated I roads, parking areas, and other infrastructure on the Reckson Phase 3 lot, and extension of the western end of International Drive to access the property from King Street. To make it possible to build the development and approve the proposed Concept Plan, the Applicant submitted a petition to change the Rye Brook Zoning Map to put the Phase 3 lot into the PUD District and remove it from the OB-1 District, and amend the PUD regulations, Section 250-7 E. of the Village Code with respect to requiring Affordable Housing consistent with the 2009 Stipulation and Order of Settlement and Dismissal in the case of United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. v. Westchester County, New York, setbacks om the office lots, density, street frontage, and allowable gross floor area. The original PUD Concept Plan was revise during the review based on recommendations from the Planning Board, Village staff and Village consultants, and the Board of Trustees. The revisions included relocation of the pool complex, redesign of the 10 affordable units, and increased setbacks from the Phase 1 and 2 office parking areas. The Zoning Code and Zoning Map amendment petition and the Concept Plan were referred to the Planning Board by the Board of Trustees on February 24, 2015 for a report and recommendation. The Planning Board was in favor of the development and made recommendations to the Trustees regarding the project. The Proposed Action was also referred to the Westchester County Planning Board who provided favorable comments, urging the Rye Brook Board of Trustees to approve the zoning change in a letter dated July 28, 2015. qw Evaluation of Potential Impacts Review of the Full Environmental Assessment Form (EAF), the proposed PUD text amendments and the Concept Plan, additional information provided by the Applicant, and completion of Part 2 of the EAF demonstrated that there are no potential adverse impacts from the Proposed Action with respect to geologic features, air, agricultural resources, aesthetic resources, historic and archeological resources, open space and recreation, energy, human health, consistency with community plans, and consistency with community character. The Proposed Action is located in a developed neighborhood, on a partially developed lot. Any temporary impacts to air quality during construction will be limited by the implementation of a construction management and logistics plan, and use of best practices with respect to grading and excavation, construction traffic, and construction operations. The applicant provided an estimate of the number of school children that would go to schools in the Blind Brook/Rye Unified Free School District. The analysis showed that a total number of approximately 50 children are expected to reside in the new development. 2 Using accepted methodology and assumptions, to calculate the number of children expected to go to public school, the analysis incorporates the actual school-district student population statistics to calculate that the percentage of the total number of school- age children in the district that will attend Blind Brook/Rye Union Free School District schools is 92%. In the case of the Sun Homes project, 46 children would go to public school. Use of the specific percentage of children attending public school in the Blind Brook/Rye UFSD provides a conservative estimate that is more accurate than use of the Rutgers Study standard of 73%. Part 1 of the Full EAF provided by the Applicant indicates that there is capacity in the sanitary sewage system to handle the waste water generated by the development. The sanitary sewer connection will require approval of a permit from the Westchester County Department of Health. Certain small to moderate potential impacts related to rezoning he subject property and the PUD Concept Plan were identified in Part 2 of the EAF. These impacts include: 1. potential impacts to land regarding construction on slopes greater than 15%, construction that continues for more than one year, and potential for erosion; 2. impacts on surface water regarding construction in or adjacent to a fresh water wetland, creation of turbidity, soil erosion and siltation, and effects to downstream waterbodies; 3. impact on groundwater regarding exceedance of a safe and sustainable withdrawal capacity rate of the local water supply; 4. impact on flooding regarding modification of existing drainage patterns, and change in flood water flows; 5. impacts on plants and animals regarding reduction in population of endangered or threatened species, reduction of habitat used by endangered or threatened species, interference with breeding, foraging or overwintering, and conversion of more than 10 acres of forest and meadow; 6. impacts regarding the Westchester County Airport 60 Ldn Noise Contour CEA; 7. impacts to transportation systems regarding the potential for increased traffic and alterations to the present pattern of movement on area roadways; 8. impact on light regarding the potential for lighting to shine onto adjoining property. IL The assessment in Part 2 of the EAF identified that there may be potential adverse impacts from the Proposed Action with respect to land, surface water, groundwater, flooding, plants and animals, the Westchester County Airport CEA, transportation, and light as follows: - 1. Land. The Proposed Action may involve potential impacts to land regarding construction on slopes greater than 15%, construction that continues for more than one year, and erosion. The construction may involve clearing, grading and excavation of land on existing slopes greater than 15%, and the creation of new slopes greater than 15%. According to the EAF, construction of new buildings and site improvements is estimated to continue for 48 to 60 months (4 to 5 years). 3 Approval of a steep slopes work permit and compliance of the grading and site plans with the requirements of the Chapter 213 of the Rye Brook Village Code regarding steep slopes protection and regulation will be required for approval of the site plan for the development. A stormwater management plan compliant with the requirements of the Rye Brook Village Code and NYSDEC will be implemented during and after construction to limit erosion of steep slopes. Existing vegetation that is removed for grading and excavation will be replaced by new landscape material and mechanical soil stabilization methods for permanent stabilization of slopes and erosion control of slopes and open areas after construction. Approval of the site plan will require a landscape plan adequate to mitigate the loss of existing trees and shrubs during construction. A tree preservation will be required to protect as many existing mature trees as is practical on the site. The construction management plan will include best management practices to eliminate or reduce any impacts related to the duration of construction, removal of vegetation, grading, and excavation, and construction operations, including but not limited to, construction phasing, erosion and sediment control, construction traffic control, and noise and airborne dust control during construction. 2. Surface water. The Proposed Action may involve potential impacts to surface water regarding construction in or adjacent to the Blind Brook fresh water stream and wetland, creation of turbidity in the stream and wetland, erosion of soil on steep slopes and siltation of waterbodies downstream from the site. The project is adjacent to the Blind Brook and the site contains the flood plains and wetlands associated with drainage from the upland portion of the site into the brook. Disturbance of the regulated stream buffer and the uplands has the potential to cause siltation of the stream and wetland areas. The property also includes the almost-completed detention ponds that are part of the stormwater management plan for the rest of the site and the approved Phase 3 office building and parking area. X I The storm water management plan for the new residential development will adaptively utilize the existing ponds and update them for stormwater retention and water quality pregervation for the proposed residential development. The stormwater plan and the site plan will be required to comply with the Rye Brook Village Code and NYSDEC regarding storm water management infrastructure, erosion and sediment control, and wetlands and stream protection. 3. Groundwater. The Proposed Action may involve potential impacts to groundwater regarding exceedance of a safe and sustainable withdrawal capacity rate from United Water Westchester, the local water supply company during peak demand periods. According to United Water Westchester, substantial improvements to the 4 water supply infrastructure would be required to maintain adequate water pressure for delivery to existing areas of Doral Green, Bellefair and the Enclave at Rye Brook (Kingswood) surrounding the new development during peak demand. During site plan review the applicant will be required to provide a clear and feasible plan for providing the additional infrastructure needed to ensure the supply of adequate potable water pressure and volume to the referenced areas and the new development. Such infrastructure improvements would be necessary, even if the approved office building were to be built because the demand for water supply has increased since the last approval of revisions of the office building site plan. 4. Flooding. The Proposed Action may in ve otential impacts to flooding regarding modification of existing drainage patterns, and change in flood water flows. The flood plains of the Blind Brook extend onto the subject lot. Although, based on the PUD Concept Plan proposed, no buildings or roadways would be constructed in the flood plain, expansion of the existing stormwater detention ponds may change existing drainage patterns and alter the capacity of the flood plains to accept increases in the storm related water flow of the brook. The stormwater management plan and the site plan will be required to comply with the Rye Brook Village Code and NYSDEC regulations regarding flooding and construction in flood plains. A64wr q4k 5. Plants and Animals. The Proposed Action may involve potential impacts to plants and animals regarding reduction in population of endangered or threatened species, reduction of habitat used by endangered or threatened species, interference with breeding, foraging or overwintering, and conversion of more than 10 acres of forest and meadow. Based on information fromtSDEC EAF Mapper that an endangered or threatened wildlife species may be located in the vicinity of the subject lot, the applicant has contacte NYSDEC for more information. If an endangered or threatened species utilizes the site, during the review of the site plan, certain accommodations and the recommendations of NYSDEC and/or the U.S. Fish and Wildlife Service regarding the landscape plan and the construction management plan would be required to be complied with to minimize impacts to the species. 6. Westchester County Airport 60 Ldn Noise Contour CEA. The Proposed Action may involve potential impacts to future residents of the development regarding the 60 Ldn Noise Contour CEA designated by Westchester County. The Proposed Action will be located within the CEA and the Z-I airport overlay zone associated with the flight path of the primary runway of Westchester County Airport, which 5 indicates the area in which people are subject to the airplane noise conditions above the noise level determined to be acceptable without mitigation to ensure human health and well-being. The site plan will be required to minimize and mitigate the noise impacts within the new homes by constructing the homes with techniques and materials to reduce audible airplane noise within the dwellings to acceptable levels that do not impact human health and well-being. 7. Transportation. The Proposed Action may involve potential impacts to transportation regarding the potential for increased traffic and alterations to the present pattern of movement on area roadways. Concerns regarding the impact of increased traffic were analyzed by a traffic impact study provided by the Applicant that was reviewed by the Planning Board, Village Board and the Village's traffic consultant. This study includes the signalized intersections of King Street and International Drive, and King Street and Anderson Hill Road. I&L �*L Although it is anticipated that the development would generate additional traffic, the level of additional traffic generated by the 110 new dwellings is not expected to have a significant impact on the roadways and intersections in the area. The additional traffic generated by the Proposed Action will be less than the traffic generated by the approved office building. Traffic will increase, during the weekday morning and weekday afternoon peak hours, by 2% and 3.6%, respectively. This level of traffic added to King Street would not significantly increase the current peak hour delays. The Village's traffic consultant recommended timing changes to the signals at the two intersections to help minimize the delays.1% Based on comments from the Village Board, the traffic analysis was revised to add analyses of three additional intersections: • ing Street at Sherwood Avenue/Atria Site Driveway; • King Street at North Ridge Street/Hutchinson River Parkway/Merritt Parkway Southbound On/Off-Ramps; and, • King Street at Blind Brook Middle/High School/Glenville Road (signalized intersection). The findings of the additional analysis indicates that the traffic generated by the Proposed Action is no more than three percent additional traffic during each peak hour at the additional intersections, which will cause an insignificant impact to these intersections. Certain movements at these intersections already operate with long delays during peak hours. Installation of traffic signals would mitigate the existing and no-build traffic conditions and reduce delays; however, in each case 6 the potential traffic signals do not meet the New York State Department of Transportation (NYSDOT), the Connecticut Department of Transportation (ConnDOT), the Village of Rye Brook and the Town of Greenwich criteria for installation of traffic signals. Approval of the site plan for the development will require that temporary impacts to local traffic during construction be limited by the implementation of a construction management and logistics plan and at a minimum compliance with the requirements of the Rye Brook Code with respect to construction scheduling and working hours. 8. Light. The Proposed Action may involve potential impacts from night-time exterior lighting shining on adjacent property. The removal of existing vegetation, grading of the lot and construction of the new homes and roadways may create visual impacts related to night lighting of roadways and exterior areas of the development, and the homes and new facilities when viewe the surrounding residential neighborhoods of Bellefair and ora n. During site plan review, the visual impacts he exterior lighting plan will be analyzed and evidence of the potential ws from residential receptors surrounding the new development will be required. Approval of the site plan will require mitigation measures for night lighting impacts would include selection of shielded fixtures that eliminate sky-lighting and lateral glare and protection and preservation of as much existing mature vegetation on the site as is practical.