HomeMy WebLinkAbout900 King Street Draft Report and Recommendation 2021-5-13
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May 13, 2021 _____________
RESOLUTION
AUTHORIZING SUBMISSION OF A REPORT AND RECOMMENDATION TO
THE RYE BROOK BOARD OF TRUSTEES ON
PUD SITE PLAN APPLICATION
FOR PROPERTY LOCATED AT 900 KING STREET
BE IT RESOLVED, that the Rye Brook Planning Board hereby submits the
attached Report and Recommendation to the Rye Brook Board of Trustees on the PUD
Site Plan Application for property located at 900 King Street.
BE IT FURTHER RESOLVED, that the Planning Board Chairman is hereby
authorized to finalize the attached Report and Recommendation in consultation with
Village Counsel to accurately reflect the Planning Board’s discussions at its May 13,
2021 meeting, prior to such Report and Recommendation being forwarded to the Board
of Trustees and Village Administrator.
On motion by ____________, seconded by ________________, Mr. Michal Nowak,
Village Engineer, called the roll:
APPROVING THE REFERRAL RESOLUTION:
Ayes:
Nays:
Abstain:
Excused:
Recused:
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REPORT AND RECOMMENDATION FROM THE RYE BROOK PLANNING
BOARD TO THE RYE BROOK BOARD OF TRUSTEES ON
PUD SITE PLAN APPLICATION
FOR PROPERTY LOCATED AT 900 KING STREET
I. OVERVIEW
The Rye Brook Board of Trustees is considering an application from 900 King
Street Owner, LLC (the “Applicant”) for PUD Site Plan approval for the development of
an age restricted (62 years of age and older) senior living facility with a total of 231
residential rental units consisting of 126 Independent Living (IL) units, 85 Assisted
Living (AL) units, and 20 Townhomes, and other related infrastructure, including
driveways, walkways, garage and surface parking, site lighting, signage and stormwater
on the property located at 900 King Street, designated as Parcel ID 129.68-1-13 on the
Town of Rye Tax Map and located in the Planned Unit Development (PUD) Zoning
District (the Proposed Project). To construct the Proposed Project, the existing 215,000
square foot office building and 5.3-acre surface parking lot on the Project Site would be
removed. The Proposed Project also requires Wetland Permit and Steep Slopes Permit
approvals pursuant to Chapter 245 and 213 of the Village Code, respectively.
To effectuate its proposal the Applicant petitioned the Village Board of Trustees
(Village Board) to amend the Rye Brook Zoning Code to include a section entitled, 900
King Street Planned Unit Development, as Section 250-7(E)(6). The Applicant also
sought approval of a PUD Concept Plan. On December 18, 2017 after taking a “hard
look” at the EAF, Technical Memorandum and all associated materials prepared and
submitted in connection with the Proposed Project, the Village Board adopted the
Environmental Assessment Form (EAF) Part 3 (with attachments) and found that the
Proposed Project may result in one or more significant adverse environmental impacts,
and therefore adopted a Positive Declaration pursuant to the State Environmental Quality
Review Act (SEQRA) requiring the preparation of a Draft Environmental Impact
Statement (DEIS).
On September 12, 2018 the Board adopted a Resolution deeming the DEIS
complete. A public hearing with respect to the DEIS and the proposed zoning
amendments was held on October 22, 2018, November 8, 2018, December 11, 2019 and
January 8, 2019. On November 24, 2020, the Board of Trustees accepted the Final
Environmental Impact Statement (FEIS) as complete. On January 12, 2021, the Village
Board considered a draft Findings Statement and opened a duly noticed public hearing on
the proposed local laws and PUD Concept Plan application at which time it also heard
comments on the draft Findings Statement.
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On January 26, 2021, the Village Board adopted its SEQRA Findings Statement,
setting forth its findings and conclusions related to the environmental impacts of the
Proposed Project. The Village Board determined that, with attendant mitigation
measures, the Further Reduced Alternative best balances the “relevant environmental
impacts with social, economic and other considerations” and, among the reasonable
alternatives is the “one that avoids or minimizes adverse environmental impacts to the
maximum extent practicable.”
On January 26, 2021, the Village Board also adopted the proposed local law to
amend Chapter 250 of the Village Code to add Section 250-7.E(6) and also approved the
PUD Concept Plan for an age restricted (62 years of age and older) senior living facility
with a total of 231 residential rental units consisting of 126 Independent Living units, 85
Assisted Living units and 20 Townhomes with a total square footage of no more than
345,902 square feet.
Having completed its SEQRA review, and thereafter adopting relevant legislation
and the PUD Concept Plan for the Project, the next step in the process is the
consideration of the Applicant’s applications for approval of the PUD Site Plan, Wetland
Permit and Steep Slopes Permit. The Board of Trustees is the approval authority for the
PUD Site Plan pursuant to Village Code § 250-7.E. The Planning Board is the approval
authority for the Wetland Permit and Steep Slopes Permit pursuant to Village Code §§
179-2.A(3) and 179-2.A(4), respectively.
On January 26, 2021, the Board of Trustees referred the PUD Site Plan application
to the Planning Board for consideration and a report and recommendation thereon
pursuant to Village Code § 250-7.E(4)(b)(3).
II. DISCUSSION
The Planning Board discussed the applications at its March 11, 2021, April 8,
2021 and May 13, 2021 meetings, during which time Village consultants and staff also
provided input. As a result of its discussions, the Planning Board has the following
comments:
1. Traffic, Site Access and Parking
The Planning Board reviewed the design and location of the proposed landbanked
parking area and finds it acceptable. The landbanked parking area consisting of 25
unimproved parking spaces will be maintained in a landscaped condition unless and until
it is determined by the Village Board that such spaces are necessary. The Planning Board
recommends including the following conditions in any resolution of Site Plan approval
for the Project:
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The Applicant shall submit to the Village, in a form satisfactory to the Village
Attorney, a Land Banked Parking Agreement guaranteeing the improvement of the
land banked parking spaces in the event the Village Board determines the
improvement of such spaces are necessary as per Village Code § 250-
7.E(6)(b)(4)(d).
The Applicant shall perform a parking utilization count when the Project is 75%
occupied and again at 90% occupancy. Upon reaching 90% occupancy, a parking
utilization count shall be performed annually for three years. Each parking
utilization count shall be submitted to the Village Building Department for use in
determining whether the improvement of some or all of the 25 land banked
parking spaces is necessary.
The Planning Board reviewed the proposed design and operation of the emergency
access through Village property and the location for pick-up and drop-off related to
transportation services offered to Project residents and finds both acceptable. In addition,
sight distance calculations for the proposed driveways to Arbor Drive were provided with
consideration of the existing and proposed landscaping. Such calculations are located on
Sheet C-330, “Intersection Sight Distance,” and were reviewed by the Village’s Traffic
Consultant and found acceptable.
Subject to the terms of the Applicant’s easement rights over Arbor Drive, the
Planning Board agrees that the proposed crosswalk markings should be installed on
Arbor Drive to better identify the location of the crossing associated with the walkway
easement held by the Blind Brook Union Free School District (Liber 7477, p. 316) for
access to and from the Blind Brook High School.
2. Rooftop Design
The Planning Board explored opportunities to further reduce the height of the IL
building and its peak while maintaining the architectural integrity of the proposed design.
At the April 8, 2021 meeting, the Applicant proposed two alternative schemes for the
design of the peak of the IL building each of which would result in a reduction of the
peak by approximately 5-6 feet bringing the peak from approximately 60 feet to
approximately 54-55 feet. Without architectural training, the Planning Board members
found it difficult to provide principled feedback on the alternative schemes, other than to
state their own personal preferences. Of the four members in attendance that evening,
one preferred the original design, one preferred alternative scheme #1 and one preferred
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alterative scheme #2. The Planning Board recommends that the Board of Trustees seek
guidance from the Architectural Review Board prior to making a decision on whether or
how the peak of the IL building should be reduced.
Regarding roof design, the Planning Board recommends that the ESTF verify (if it
has not done so already) that the buildings’ roofs and entrances are designed to facilitate
the safe movement of emergency personnel as well as provide for adequate interior and
exterior emergency response communication.
3. Stormwater Management
The Project provides a reduction in the amount of impervious surface coverage on
the Property as compared to its existing condition, but the main drainage area will
increase in size due to the site layout and grading design. The existing site contains a
detention basin that receives stormwater runoff from the existing building and parking
lot, as well as the adjacent Village property to the east of the site. From the detention
basin, the stormwater flows through a stream to the municipal drainage system through
Harkness Park, along the Blind Brook School driveway, to King Street.
A Preliminary SWPPP has been submitted and is under review by the Village’s
Consulting Engineer. The proposed stormwater design will primarily utilize subsurface
infiltration systems to treat and retain runoff from the majority of the disturbance area of
the site. Grass pavers are also utilized at the emergency access driveway and the loading
area at the rear of the IL building, to reduce the amount of impervious surface cover. The
existing condition does not include any stormwater practices with infiltration to provide
water quality and runoff reduction. The addition of these practices will be a benefit to the
site.
4. Utilities
Sewer. According to the Findings Statement, the Applicant is to cause the
undertaking of project-based mitigation that would reduce the amount of inflow and
infiltration into the sewer system in the amount of at least 80,000 gallons per day (3x the
increase in sanitary flow generated by the Project), or make a monetary contribution to
the Village in lieu of such project-based mitigation. Subject to any limitations on rights
of access to qualifying infrastructure, the Planning Board recommends implementation of
project-based mitigation for reducing inflow and infiltration at or near the Project site.
Water. The Planning Board recommends that any Site Plan approval should be
conditioned on the Applicant providing an updated “willingness to serve” letter from
SUEZ prior to the issuance of any permit to perform site work. SUEZ’s existing
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“willingness to serve” letter is contingent upon certain upgrades being performed,
including (1) additional interconnections with WJWW at Anderson Hill Road, and
Aquarion at King Street, and (2) installation of a meter on the 16-inch main at Anderson
Hill Road which would bypass the existing 8-inch meter vault that experiences head loss
at times of peak flow. According to the Findings Statement, these improvements are
anticipated to allow the water system to operate with a greater psi than the minimum
standards. The Planning Board recommends that appropriate conditions be placed in any
Resolution of Site Plan approval to ensure that these improvements occur.
5. Landscape Plan
The Planning Board reviewed the Landscape Plan and the Tree Plan and finds
both acceptable. The Planning Board reviewed various photo and computer simulations
of the site in the leaf-on and leaf-off condition and finds that the landscaping plan
includes all proposed replacement trees and locates them in a manner that provides
maximum visual screening from Arbor Drive, the Arbors and the surrounding area.
Specifically, during the April 8, 2021 meeting, the Applicant provided a detailed
presentation of the proposed landscape plan. Photographic views toward the site from the
vantage point of the Arbors and from Arbor Drive were presented. The views provided
in both leaf-on and leaf-off condition demonstrated the existing vegetative buffer at the
western side of the site which is proposed to remain will significantly screen the proposed
building even without any further plantings in that area. The landscape plan proposes a
further layer of trees between the existing vegetative buffer and the proposed townhomes
which is sufficient to address errant views from the Arbors. The Planning Board
questioned the size of the trees at the time of planting. Trees above 3” in caliper raise
concerns of survivability. According to the Village Arborist, smaller trees tend to grow
faster than larger trees and can handle stress better. Therefore, it is not advisable to
install larger trees at the time of planting than that set forth in the Village Code.
6. Wetland Buffer Disturbance
The Project includes 2.25 acres of wetland buffer disturbance with only 0.173
acres (7,536 square feet) of that consisting of additional impervious surface coverage
within the wetland buffer area. The remaining 2.077 acres of disturbance is the result of
regrading and other site disturbances.
Consistent with the requirements of the Village Code for a 2:1
mitigation/disturbance ratio, 4.5 acres of wetland buffer mitigation is proposed.
Approximately 2.3 acres of mitigation is proposed on-site with the remaining 2.2 acres
proposed off-site at Rich Manor Park.
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The Planning Board has reviewed the application for a Wetland Permit and will
hold a public hearing on that application after the Board of Trustees adopts a decision on
the PUD Site Plan.
7. Steep Slope Disturbance
Construction of the Project will require disturbance of existing steep slopes on the
property. The areas of existing steep slopes are located around the existing stormwater
basin on the Property’s eastern edge and the vegetated slope toward the Property’s
western edge. These areas are “human-made”, not native topography. The Project also
requires the creation of steep slopes throughout the site, but most notably in the areas
around the access ramps to the underground parking area. These steep slopes are
proposed to allow the grading plan to accommodate the underground parking area along
with a relatively flat pedestrian area around the buildings, and the need to meet existing
grades on Arbor Drive at the driveway connections. The areas of new steep slopes at the
access ramps to the underground parking area are proposed to be stabilized with retaining
walls. The other areas of new steep slopes will be stabilized with vegetation. Both
methods are acceptable pursuant to Chapter 213 of the Village Code.
The Planning Board has reviewed the application for a Steep Slopes Permit and
will hold a public hearing on that application after the Board of Trustees adopts a
decision on the PUD Site Plan.
8. Visual Impacts
The Planning Board discussed the retaining walls around the entrance to the
garage to explore whether vegetative screening or architectural finishing of the retaining
walls should be presented. The retaining wall proposed at the entrance to the
underground garage at the front of the site does not appear to be visible from Arbor Drive
based on its location in relation to existing and proposed vegetation. The Applicant
proposes a textured, finished block retaining wall face which is aesthetically pleasing and
acceptable to the Planning Board.
9. Construction Management
The Planning Board reviewed the proposed Construction Management Plan
(CMP) at its May 13, 2021 meeting. The CMP includes information concerning
construction traffic, materials management, fugitive dust management, diesel emission
controls, vibration monitoring plans and construction period noise mitigation plans. The
Appendix to the CMP also includes construction sequencing and phasing plans.
The Village’s Consulting Engineer has noted that since the Project requires a
NYSDEC waiver for disturbance areas in excess of 5 acres at one time it is critical that
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each phase and sub-phase of construction must be stabilized in strict conformance with
the approved plans with oversight by the Village. This should be made a condition of
any approval of the Site Plan.
[Planning Board comments/recommendations to be inserted]
10. Noise
The Findings Statement provides that a noise barrier will be installed along the
perimeter of the Site on Arbor Drive between the Main Site entrance and the southern
Site boundary. The barrier is to be installed before the start of significant construction
activities during the time school is in session during the normal school year. The
Findings Statement further provides that a noise barrier will be installed on the perimeter
of the Site along the east (Village Hall) and west (Arbors) to mitigate noise impacts
during construction phases when noise impacts will be at their highest. The Findings
Statement left the details of the noise barriers, such as height and material to be identified
during Site Plan review. The Village Board further reserved to itself the right to explore
alternative noise mitigation measures that achieve the same level of mitigation.
[Planning Board comments/recommendations to be inserted]
11. Lighting
The Planning Board finds the proposed Lighting Plan (C-600) acceptable in that
light is contained on-site with no spillage over the property lines. It is recommended that
the Village Board review the proposed light fixtures on Sheet C-909 to determine
whether they are an acceptable design.
12. Recreational Facilities
The Planning Board considered whether the on-site open space areas meet the
requirements of Section 209-14 for a suitably located and usable park for passive or
active recreational purposes or whether the Applicant must pay a fee in lieu of parkland.
Based on the estimated population increase from the Project, the new population
would create a need for approximately 1.25 acres of open space according to the New
York State Office of Parks, Recreation and Historic Preservation (OPRHP) standards.
The Applicant is proposing approximately 3,412 linear feet of trailway around the
perimeter of the Site with wooded and landscaped areas on either side of the trailway in
some locations, along with other actively programmed outdoor space. According to the
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applicant the programmed outdoor space would include sitting, lounging, eating and
fitness areas. In total the actively programmed outdoor space comprises 1.89 acres.
Based on this information, the Planning Board recommends that the Board of
Trustees
[find that the outdoor recreational areas provided by the Applicant are suitably
located and usable for passive or active recreational purposes to accommodate the
increased population resulting from the Project]
or
[find that the Applicant should receive a partial credit toward the total fee in lieu
because some but not all of the areas provided by the Applicant are suitably located and
usable for passive or active recreational purposes to accommodate the increased
population resulting from the Project]
or
[find that the Applicant should be required to pay a fee in lieu because the outdoor
recreational areas provided by the Applicant are not suitably located or sufficient to
accommodate the increased population resulting from the Project.]
III. CONCLUSION AND RECOMMENDATION
Based on the foregoing, the Planning Board recommends approval of the proposed
applications, subject to due consideration of the comments set forth herein.
Dated: Rye Brook, New York
May 13, 2021
On motion by _______________, seconded by _______________, Mr. Michal Nowak,
Village Engineer, called the roll:
APPROVED AT THE MAY 13, 2021 MEETING OF THE RYE BROOK PLANNING
BOARD BY A VOTE OF __________________________
ACCEPTING THE REPORT AND RECOMMENDATION:
Ayes:
Nays:
Abstain:
Excused:
Recused:
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