HomeMy WebLinkAboutCertified Resolution PUD Concept plan for Sun Homes On a motion made by Trustee Rednick and seconded by Trustee Heiser, the following resolution was
adopted.
RESOLUTION
APPROVING A PUD CONCEPT PLAN AND ZONE CHANGE IN CONNECTION WITH AN
APPLICATION FOR PUD CONCEPT PLAN APPROVAL,A ZONE CHANGE AND ZONING
TEXT AMENDMENT FOR CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT OF 110
SINGLE-FAMILY DWELLING UNITS ON PROPERTY AT 1100 KING STREET
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, Buckingham Partners/Sun Homes (the "Applicant") has submitted an application
(the"Application" or the "Proposed Action") to the Board of Trustees for approval of a Planned Unit
Development ("PUD") Concept Plan, zone change and zoning text amendment in connection with the
proposed construction of a residential development of 110 single-family dwelling units on real property
located at 1100 King Street in the Village of Rye Brook; said property being further identified as Parcel
129.25-1-1 on the Town of Rye Tax Map (the "Parcel') and located directly behind the Reckson
Executive Parkin the OB-I Zoning District;and
WHEREAS, the aforementioned Parcel is the site of a prior site plan approval, granted by
resolution of the Board of Trustees,dated August 8,2000,for the construction of 280,000 square feet of
office space,which is scheduled to expire on or about December 14,2015;and
WHEREAS, the instant Application, once approved, shall supersede, override and negate any
and all prior land use approvals with respect to the Parcel, including the above-described site plan
approval for 280,000 square feet of office space;and
WHEREAS,the instant Application for a 110 residential dwelling units constitutes Phase I of a
two-phase PUD approval process wherein PUD Concept Plan approval and PUD zone change occur in
Phase I and detailed subdivision and site plan review and approval occur during Phase II;and
WHEREAS, the Board of Trustees and Village staff and consultants have reviewed and
considered the following plans and application materials in connection with the proposed application:
1. Full Environmental Assessment Form Part 1 and EAF Mapper Summary
2. Traffic Impact Study by Maser Consulting,P.A.,Hawthorne,N.Y.,dated January 14,2015
3. ALTA/ACSM Land Title Survey prepared by Joseph Link, Mahopac,N.Y., dated as of January 26,
2015,signed February 9,2015
4. Letter and Petition to the Mayor Rosenberg and the Board of Trustees prepared by Cuddy and Feder,
LLP,White Plains,N.Y.dated February 10,2015
5. Memorandum to the Village Engineer and the Planning Board prepared by Dolph Rotfeld
Engineering,P.C.,Tarrytown,N.Y.dated March 3,2015
6. Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., dated
March 9,2015
7. Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., dated
March 31,2015
8. Letter to the Chairman and Planning Board prepared by Cuddy and Feder, LLP, White Plains,N.Y.
dated May 7,2015
9. School Aged Children, Sun Homes, Rye Brook prepared by Divney, Tung, Schwalbe, LLP, White
Plains,N.Y.no date
10.Revised Rendered Illustrative Plan, Affordable Home Plans and Elevations, illustrative plan
prepared by Divney,Tung,Schwalbe,LLP,White Plains,N.Y.,no date
11.Rendered Illustrative Plan, Home Plans and Elevations, illustrative plan prepared by Divney, Tung,
Schwalbe,LLP,White Plains,N.Y.,no date
12. Memorandum and Revised Traffic Impact Study,prepared by Maser Consulting, P.A., Hawthorne,
N.Y.dated April 15,2015
13. Letter to Chairman and Planning Board prepared by Cuddy&Feder,LLP,White Plains,N-Y.,dated
May 7,2015
14.Rye Brook Emergency Service Task Force Review Memorandum to William Null,Esq.prepared by
the Rye Brook Building and Fire Inspector,dated May 7,2015
15.Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., dated
May 13,2015
16.Memorandum to the Village Engineer, Chairman and Planning Board prepared by Dolph Rotfeld
Engineering,P.C.,Tarrytown,N.Y.,dated May 14,2015
17.Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., dated
May 19,2015
18.Memorandum to Planning Board and Village Planning Consultant prepared by Maser Consulting,
P.A.,Hawthorne,N.Y.,dated May 26,2015
19.Letter to Chairman and Planning Board prepared by Cuddy and Feder, LLP, White Plains, N.Y.,
dated May 27,2015
20.Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., dated
May 29,2015
21.Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., date
June 1,2015
22. Report and Recommendation to the Board of Trustees prepared by the Rye Brook Planning Board
dated June 11,2015
23. Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., dated
June 16,2015
24. Letter to Mayor and Board of Trustees prepared by Cuddy&Feder, LLP, White Plains,N.Y.,dated
June 23,2015
25.Memorandum to William Null, Esq. at Cuddy & Feder, LLP prepared by Maser Consulting P.A.,
dated June 23,2015
26. Letter to Mayor and Board of Trustees prepared by Cuddy&Feder, LLP, White Plains,N.Y.,dated
July 14,2015
27.Memorandum to William Null, Esq. at Cuddy & Feder, LLP prepared by Maser Consulting P.A.,
dated July 13,2015
28.Memorandum to Mayor Rosenberg, the Board of Trustees and Administrator Chris Bradbury
prepared by Michael Nowak, Village Engineer and Superintendent of Public Works, dated July 27,
2015;
29.Memorandum to the Board of Trustees prepared by F.P.Clark Associates,Inc.,dated July 27,2015;
30.Letter to F.P. Clark Associates prepared by the Commissioner of the Westchester County Planning
Board,dated July 28,2015;and
31.Engineer's Plans,prepared by Divney,Tung,Schwalbe,LLP,White Plains,N.Y.:
Sheet Number Sheet Title Date
SP-0.1 Illustrative Plan Undated
SP-1.0 Conceptual Site Plan 02/09/15, revised 5/7/15,
5/13/15,5/27/15
SP-2.0 Conceptual Grading&Utility Plan 02/09/15,revised 5A3'15
No Number Misc. site cross-sections and Undated, revised 5/13/15,
floor plans 5/27/15
and
WHEREAS,on February 24,2015,the Board of Trustees adopted a resolution(1)declaring the
Proposed Action to be an Unlisted Action for purposes of the New York State Environmental Quality
Review Act (SEQRA) (2) directing circulation of a Notice of Intent to declare itself Lead Agency for
purposes of a coordinated review; and(3)referring the Application to the Rye Brook Planning Board for
review and a Report and Recommendation thereon in accordance with Section 250-7.E.(4)(a)[4] of the
Village Code;and
WHEREAS, a Notice of Intent giving notice of the Board of Trustees' intent to declare itself
Lead Agency on the Application was duly circulated to all Involved Agencies on March 30,2015;and
WHEREAS, no challenge or objection to the Board of Trustees' Notice of Intent was received
within the 30-day period prescribed under SEQRA and said time for challenge or objection thereto has
now expired;and
WHEREAS, the Board of Trustees conducted a joint site visit with the Planning Board at the
Applicant's completed residential housing development in Darien,Connecticut on April 25,2015;and
WHEREAS, the Rye Brook Emergency Services Task Force reviewed the instant Application
and,thereafter,issued its comments and recommendations to the Applicant by memorandum dated May
7,2015;and
WHEREAS, on June 11, 2015, the Planning Board approved submission of a Report and
Recommendation to the Board of Trustees containing a favorable recommendation with respect to the
Application;and
WHEREAS,the Board of Trustees adopted a resolution dated June 23,2015,declaring itself to
be Lead Agency for purposes of a coordinated review pursuant to SEQRA and, further, setting a public
hearing on the Application for July 28,2015;and
WHEREAS, on July 9, 2015, the Application was referred to the Westchester County Planning
Board, the Town of Harrison,New York and the Town of Greenwich, Connecticut in accordance with
Sections 239-m and 239-nn of the General Municipal Law and the Westchester County Code;and
WHEREAS, on July 28, 2015 the Board of Trustees received comments from the Westchester
County Planning Board and reviewed them at their July 28,2015 public meeting; and
WHEREAS, a duly advertised public hearing was opened on July 28, 2015, at which time all
those wishing to be heard on the Application were given such opportunity;and
WHEREAS, on July 28, 2015, the Board of Trustees reviewed Parts 2 and 3 to the Full
Environmental Assessment Fonn,which Parts 2 and 3 were prepared by the Board of Trustees Planning
Consultant,F.P.Clark Associates,Inc.;and
WHEREAS,the Board of Trustees separately undertook and considered each of environmental
issues identified in the Full Environmental Assessment Form,Parts 1,2 and 3;and
WHEREAS,the public hearing was then closed on July 28,2015;and
WHEREAS,the Board of Trustees adopted a resolution,dated July 28,2015,which(i)adopted
a Negative Declaration,pursuant to SEQRA, in connection with the Proposed Action; and(ii)approved
certain amendments to the text of the PUD zoning regulations set forth in Section 250-7.E.(3) of the
Village Code.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby adopts the
annexed local law amending the Zoning Map of the Village of Rye Brook to change the zoning
designation of the aforementioned Parcel from OB-I to the PUD District for the reasons set forth in such
local law and in the record before the Board of Trustees;and
BE IT FURTHER RESOLVED, that the Board of Trustees hereby grants PUD Concept Plan
approval for the Application,subject to the following conditions:
1. The conditions set forth in the Board of Trustees resolution adopted July 28, 2015 shall be
satisfied.
2. Prior to submitting an application for site plan and/or subdivision approval as part of Phase II
of its Application, the Applicant shall obtain relief from the Village from Section 250-
7.E(2)(c), requiring 150 feet of frontage along a state, county or major Village road for all
PUD developments,if determined necessary by the Village Attorney after review of the June
17, 1986 resolution of the Board of Trustees regarding state road frontage.
3. The Applicant shall, as part of Phase II of its Application, obtain approval for a Wetlands
Permit from the Planning Board,if applicable.
4. The Applicant shall submit,as part of Phase II of its Application,a recordable Declaration of
Termination for review by the Village Attorney which terminates the Mutual Access
Easement running in a north-south direction toward the Dora]Arrowwood property as shown
on the Resubdivision Plan of Royal Executive Park,prepared by J.A. Kirby Company, filed
in the Westchester County Clerk's Office on October 10, 1986 as Map No. 22473, as it
appears such easement is no longer necessary. Approval of the Declaration of Termination
by the Village Attorney and recording in the Office of the Westchester County Clerk shall be
conditions precedent to issuance of a building permit for the project.
5. Based on the current and anticipated future need for park and recreational opportunities in the
Village of Rye Brook, and the demands of the future population of the proposed residential
development, the Board of Trustees hereby finds that additional recreation/parkland should
be created as a condition of approval for the Application. The Board of Trustees further
determines that a suitable park of adequate size cannot be properly and practically located
within the Parcel, nor has the Applicant offered recreation/parkland of suitable size and
practical location to adequately address the need for additional recreation/parkland within the
Village. Therefore,the Board of Trustees hereby requires that the Applicant shall,as part of
Phase II of its Application, pay a Recreation Fee in Lieu of Parkland in accordance with
Sections 250-7.E(2)(f)[2] and 209-15 of the Village Code. Payment of said fee,in full,shall
be a condition precedent to issuance of a building permit for the project.
6. The Board of Trustees shall not entertain Phase II of the Application until the Applicant has
paid to the Village all applicable fees and professional review fees incurred in connection
with review of Phase I of the project application.
7. The Board of Trustees, pursuant to Section 250-7.E.(3) of the Village Code, as amended,
hereby approves reduction of the 100 foot buffer required pursuant to Section 250-7.E(2)(e)
of the Village Code to 50 feet in width along the entire length of the eastern side of the Parcel
facing the Reckson Executive Park. Said buffer reduction is being granted to accommodate
the configuration of the homes and rear yards proposed on this side of the Parcel.
Notwithstanding the foregoing,the Board of Trustees is satisfied that the reduced buffer shall
provide adequate screening between the Reckson Executive Park and the Sun Homes
development and directs that the buffer shall,to the greatest extent possible,be maintained in
accordance with Section 250-7.E.(2)(e)of the Village Code in that the buffer shall remain in
common ownership and shall not be disturbed,except for the following, if applicable during
Phase II review: permanent entrance/exits utilizing minimum buffer space, signage, passive
recreation,landscaping,roads and for the provision of utilities.
8. In accordance with Section 250-7.E(4)(a)[5][d] of the Village Code, approval of the PUD
Concept Plan and rezoning shall expire at the end of one year from the date of this resolution,
and the property shall revert to its prior zoning, unless (a) the Applicant has filed a
subdivision and detailed site plan application for the PUD; or(b) such time limit has been
extended by the Village Board upon written request by the Applicant.
TRUSTEE EPSTEIN NO
TRUSTEE HEISER AYE
TRUSTEE KLEIN NO
TRUSTEE REDNICK AYE
MAYOR ROSENBERG AYE
State of New York
County of Westchester ss:
Village of Rye Brook
I hereby certify that this is the Resolution adopted by the Board of Trustees of the Village of Rye
Brook which was duly passed by said Board on August 18,2015.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Village of Rye
Brook,this 21 st day of August,2015
age Cle