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HomeMy WebLinkAbout975 Anderson Hill Road Erickson Verified Petition 2026-6-111 VILLAGE OF RYE BROOK: VILLAGE BOARD WESTCHESTER COUNTY: STATE OF NEW YORK -----------------------------------------------------------------------x In the Application of ERICKSON LIVING PROPERTIES, LLC VERIFIED PETITION For an Amendment to the Zoning Code of the TO AMEND PUD Village of Rye Brook inclusive of Site Plan and ZONING Subdivision Approval. -----------------------------------------------------------------------x Petitioner, ERICKSON LIVING PROPERTIES, LLC ("Petitioner or “Erickson”), by its attorneys, Veneziano & Associates, respectfully petitions the Village Board of Trustees (“Village Board”) of the Village of Rye Brook ("Village"), as follows: Executive Summary of Proposed Development, Zoning Petition 1. The former Doral Arrowwood Hotel and Conference Center property, located at 975 Anderson Hill Road, in the Village of Rye Brook (“Project Site”), has been developed and utilized as a commercial property since the 1980s. This Petition will support the redevelopment of this 82.9-acre Project Site and seeks amendment to the Village’s Zoning Ordinance (Chapter 250 of the Village Code) to include a separate Planned Unit Development (PUD) zone entitled “975 Anderson Hill Road,” to accommodate a proposed Erickson Senior Living Community. 2. A historical review and comparison of the prior use and the current proposal for the Project Site will help frame this Petition. 3. The Doral Arrowwood Hotel and Conference Center, originally developed in the 1980s, included a 363-unit hotel and, eventually, a 110,000 square-foot conference center, including hotel rooms, amphitheaters, and office meeting rooms. In addition to numerous restaurants, there was a wellness center, tennis bubble, and nine-hole golf course. These prior uses generated 287 AM peak hour trips and 355 PM peak hour trips, which is more than the Petitioner’s project, as described below. The hotel and conference center closed in 2020. 2 4. Cohen Purchase Building Company LLC (“Cohen”) acquired the Project Site in 2022 and proposed a 220-unit luxury spa hotel/lodge, which included a spa, fitness center, restaurants as well as recreational indoor and outdoor facilities. In addition, a 31,100 gross square foot conference center, 662 permanent restaurant seats, 40 multifamily units in a hotel building, 75-unit multifamily units in a 5-story building and a 50,000 gross square foot medical office building were proposed. The lodge was proposed to be 7 stories and 96 feet in height. These proposed uses within a singular PUD would have generated 364 AM peak hour trips and 432 PM peak hour trips. The Cohen Petition was accepted by the Village Board for consideration, and a Scoping Outline was adopted on June 25, 2024. 5. Erickson proposes to develop a Continuum of Care Retirement Community (“CCRC,” or the “Community”), which offers senior housing and related amenities and services and provides residents a guaranteed “home for life.” The full continuum of care proposed includes 834 residential units comprised of 750 independent living units and 84 assisted living/memory care healthcare units. Distinguishing the Petitioner and this use is the provision of modern amenity spaces and healthcare services, including multiple restaurants, health and wellbeing fitness facilities, a medical center, and personal services such as hair salon, barber, and light convenience retail and pharmacy. Outdoor amenities, including dining spaces, walking paths, and recreational activity spaces are proposed. The project will incorporate an architectural style in keeping with the character of the Rye Brook area. 6. The typical resident moving into an Erickson community is 80-years old and previously lived within an approximately 30-minute drive of the community. An Erickson resident will enter into a Residence and Care Agreement, outlining the obligations and commitments between the resident and Erickson Senior Living, which is secured by a refundable entrance fee 3 (the “Entrance Fee”). Residents pay a monthly service fee that covers services, including dining, access to amenities, emergency medical response, security, transportation shuttle, property maintenance, property taxes, utilities and other services (the “Monthly Service Fee”). 7. The property to the south of the Project Site, across Anderson Hill Road, is an existing country club with limited year-round activity. To the east of the Project Site is the existing Doral Greens community. The Petitioner has an agreement with Doral Greens HOA whereby the Doral Greens community has agreed to support the Petition. To the rear (north) of the Project Site is the existing Kingfield residential community completed in 2023. The Petitioner has designed the Project to mitigate visual impacts to surrounding properties by situating lower-height buildings closest to Doral Greens and Kingfield, installing landscaping and berms between the properties, and by utilizing the existing topography to place taller buildings at the lowest elevations on the Site, farthest away from off-site uses. Potential visual impacts to Kingfield will be further mitigated by distance, as the closest project building is more than 400 feet from the closest building in Kingfield. The Project’s frontage on Anderson Hill Road has been designed to support the Scenic Overlay District requirements, inclusive of an extensive setback and buffer. 8. As part of the PUD Petition, Erickson intends to preserve the open space areas previously submitted to the Village and associated with the original PUD. (See, Open Space Plan, Exhibit A). 9. The CCRC use is a low generator of traffic compared to other potential uses. This low level of traffic generation is the direct result of the CCRC use, inclusive of the amenities provided within the community, shuttle bus services for residents, and staggered employee shifts over a 24-hour period. Below is a comparison of the proposed CCRC use to the previous Doral Arrowwood Hotel and Conference Center usage, the former Cohen PUD proposal accepted by the 4 Village, and a conceptual, As-of-Right Residential 505-unit townhouse community (at 6 units per acre): Vehicular Trips Comparison by Land Use Erickson Doral Cohen As-of-Right Residential (6 units-acre) AM Peak 233 287 364 283 PM Peak 175 355 432 280 10. The Proposed Project will require an increase in the permitted height in the new PUD zone, allowing for buildings to range between 3 to 5 stories, substantially less than those proposed by the Cohen petition (7 stories and 96 feet). The Proposed Project is designed with taller buildings in the central and western portion of the Project Site, and at a lower elevation, so that they are partially buffered from a visual perspective by the lower height of buildings along the perimeter of the Community. 11. A key component of Erickson communities is their integrated health care system designed for successful aging, which is intended to minimize the need for hospital emergency room visits. Each community provides an integrated, on-site physician practice with experienced geriatric care providers exclusively for Erickson residents. In the event that an emergency response is required or requested, each Erickson community has a Safety and Emergency Services department staffed with Emergency Medical Responders (EMR) responsible for responding and providing aid to anyone within the community with typical response times under four minutes. This team is available 24/7. Unlike smaller senior living providers, Erickson staff are able to manage most resident needs without relying upon outside emergency services. For example, Erickson staff will monitor and respond to non-critical issues, such as a need for a lift assist after a fall, and evaluate with on-site medical staff whether an escalated response to 911 is required. 5 12. With respect to assimilation of residents of the proposed project into the existing broader Rye Brook community, based on Erickson’s experience at its other 24 communities, residents and staff will regularly visit grocery stores and shopping in the area creating additional revenue from disposable income and will travel off campus for scheduled trips to cultural events. Many Erickson residents serve as volunteers at local schools, libraries, cultural amenities, and non- profits and contribute to local charitable giving campaigns. In addition, the Community and its residents will explore lifelong educational and cultural opportunities available by establishing a relationship with SUNY Purchase. 13. Erickson anticipates paying approximately $8,100,000 in annual taxes at full buildout as a non-homestead rate payer. This projection is based upon discussions with the Town of Rye Tax Assessor. Considering the proposed project will be age restricted, the school district will not experience any enrollment from the Project. As such, it is anticipated that the Blind Brook Union Free School District will receive 70% of the taxes (i.e., approximately $5,600,000) with no direct impact. 14. Erickson is proposing a program, unique to Westchester County, that provides income-qualified units within a senior living community that guarantees a home for life, regardless of their need for higher levels of care, such as Assisted Living and Memory Care. This program aims to benefit seniors in the community that may own a home but that have a lower monthly income while balancing the financial risk to Erickson of a resident needing costly higher levels of care and with the regional need to provide housing that is attainable to households with a wide range of incomes. 15. All Erickson residents are guaranteed a “home for life,” including residents in income-qualified units. Residents will never be asked to leave due to a genuine inability to pay. 6 The financial risk associated with providing care for life on an income-qualified basis, often times at higher levels of care in Assisted Living or Memory Care, are mitigated by the proposed density of the Erickson community. 16. The Project includes an onsite, temporary sales center in the front of the property along Anderson Hill Road. Upon opening of the first phase, this center, its improvements and adjoining land, will be donated to the Village of Rye Brook for use as a recreational facility. 17. It is submitted that the Proposed Project would further the Village’s comprehensive planning and development goals. It is noted that some of the proposed zoning amendments are recommended for consideration as part of the Village’s most recent Comprehensive Plan (Plan Rye Brook). 18. Based on the above, Petitioner respectfully requests that the Village of Rye Brook Board of Trustees accept the current Petition and commence the environmental, planning and legislative review processes in connection with this Petition. Petitioner 19. Petitioner, Erickson Living Properties, LLC, is a Maryland-based limited liability company having an address at 701 Maiden Choice Lane, Baltimore, Maryland, 21228. 20. Petitioner is under contract to acquire the 82.9-acre site located in Westchester County, as well as 7.1 acres located in Fairfield County, Connecticut, from the current owner, Cohen Purchase Building Company LLC1. 21. Erickson has over 40 years of experience in developing, operating and managing senior living communities throughout the U.S. Erickson is a top five senior living provider and is recognized as a national leader in senior housing. Erickson currently operates 24 properties in 11 1 For clarity, Fortress foreclosed on the entity, as opposed to the real estate, and owns this Cohen entity. Fortress is our Seller. 7 states, which are home to over 33,000 residents and employs approximately 15,000 employees across the country. 22. At full build out, Erickson estimates that the Proposed Project will create approximately 400 full-time and part-time jobs, offering career opportunities in healthcare, dining services, operation, hospitality, safety and security and other related fields. 23. Erickson communities are actively engaged in the municipalities where they operate. Erickson residents support student workers in their communities with scholarship donations. Residents also contribute significant time and resources as volunteers in support of their local communities. 24. Erickson has specific protocols with respect to security and emergency services. All units have emergency pull cords, and residents can wear pendants to provide 24/7 monitoring by Erickson staff. Once a resident emergency call is received and dispatched, site security will respond and evaluate whether to address noncritical issues with the assistance of on-site medical staff or escalate the response by requesting 911 assistance for emergency transportation. Erickson’s typical internal response time to a call for assistance is less than four (4) minutes. Approximately 87% of all calls for service received by Erickson are resolved through Erickson’s own emergency response protocols and staffing. Proposed Redevelopment of the Doral Arrowwood Site with an Erickson Community 25. As discussed earlier, this 82.9-acre property was previously utilized as the Doral Arrowwood Hotel and Conference Center, featuring a 363 key hotel and conference center. There was also a 110,000 gross square foot standalone conference center building, as well as a golf course, a tennis bubble, a gym/sports facility and numerous restaurants throughout the Hotel. The 8 Hotel serviced weddings, graduations, and other significant social events. That usage generated significant traffic on an ongoing basis as well as significant water and sewage usage. 26. The prior hotel and conference center have been demolished. Petitioner’s project contemplates construction of an approximately 1,392,000 square foot Community, designed as a singular campus featuring multiple, mid-rise residential buildings around shared community buildings. The proposed buildings are 3 to 5 stories in height, whereas the current PUD zoning district permits a maximum of 3 stories. 27. Attached hereto is a “Conceptual Site Plan” prepared by Ken Weikal of Hagenbuch Weikal Landscape Architects (See, Exhibit B). This “Conceptual Site Plan” respects all perimeter buffers and is designed to minimize potential visual impacts of the Proposed Project. The Proposed Project would consist of an 834-unit CCRC, which would include 750 independent living units, together with 84 assisted living and Memory Care units. The proposed buffers from abutting buildings are as follows: south, 650 ft (Country Club); east side, 350 ft (Doral Greens); north, 425 ft (Kingfield); and west side, in excess of several thousand linear feet (SUNY) (See, Exhibit C). 28. The Project’s physical layout is based around the two Clubhouse-style buildings. Each Clubhouse features several restaurants for Project residents as well as health and wellness facilities, amenities for active and passive recreation and formal and informal gathering spaces. All residential buildings are attached to the clubhouses, and each other, via enclosed walkways, providing a climate-controlled connection between each resident and their amenities. The residential buildings have been carefully laid out to ensure that no unit is further than 750-feet walking distance from a dining facility, a design requirement refined by Erickson’s decades of operation to ensure resident social engagement and benefits. 9 29. As reflected on the attached existing Topographic Survey (See, Exhibit D), the Project Site slopes west to east from 369 feet down to 270 feet along the western portion of the Site; a 100’± drop off. The Conceptual Site Plan takes advantage of this dramatic drop-off in elevation by designing taller buildings at lower base levels. The Conceptual Site Plan maintains a dual boulevard entrance and provides no structures adjacent to the neighboring Doral Greens’ property. The Petitioner has also included a landscaped buffer adjacent to the Kingfield residential community and has respected the Scenic Overlay District associated with Anderson Hill Road, providing stormwater detention in the quadrant located west of the entry drive. 30. Erickson has, from the beginning, recognized that Doral Greens has a stake in the success of this development. The Petitioner met continuously with Doral Greens from the time they entered into the contract with the Seller in the Fall of 2025. At this time, the Petitioner has an executed Agreement with Doral Greens based upon the proposed Conceptual Site Plan and the mitigation of the visual impacts associated with the Proposed Project. 31. The proposed Erickson CCRC will be built in phases based upon consumer demand. The initial phase will include approximately 300 independent living units and approximately 50,000 square feet of amenity space for use by residents. As the project continues to build out, units equipped to provide Assisted Living and Memory Care will be added. The amenity spaces within the Proposed Project will include multiple restaurants and other gathering areas for residents and their guests. It is estimated that the build-out of this Community will take approximately 5-7 years. 32. With respect to water demand, the Petitioner has been in contact with Veolia, the company that provides water service to the Site, as well as the Westchester County Joint Water Works. It has been advised that Veolia will need additional capacity to service the 150,000 GPD 10 anticipated demand generated by the Proposed Project and Westchester County Joint Water Works has indicated that such capacity is available. There is a water main located in Anderson Hill Road at the front of the Site. 33. In addition to the requested zoning text amendments to the existing PUD zone, the Proposed Project would require PUD Concept Plan approval as well as Site Plan and Subdivision Plat approval. Furthermore, tree removal, wetland/water course buffer disturbance, and steep slope permits are also part of the Petition. 34. Petitioner is confident that the proposed Community will provide substantial, non- homestead taxes to the Village in excess of the cost of providing emergency and other services, and that the temporary and permanent jobs, as well as other social and community benefits, will substantially outweigh any potential impacts of the Proposed Project. In addition, Erickson residents, their guests, and employees will create many indirect economic benefits to the Village of Rye Brook by patronizing local businesses and cultural resources. Proposed Zoning Text Amendment 35. The proposed text amendment would establish a new PUD zone known as "975 Anderson Hill Road Plan Unit Development." The existing PUD zone provides the fundamental requirements for a PUD “senior housing” use. This Petition proposes a refinement of this type of “senior housing” use; specifically, “Continuum of Care Retirement Community.” 36. The proposed PUD would be consistent with the Village’s current PUD regulations, with the exception of the currently permitted density and FAR for “senior living”. Erickson has referenced other available and local Independent Living and Assisted Living PUD’s to provide comparable FAR and density requirements. Height and story maximums must be modified to capitalize on significant grade changes. 11 37. In addition to complying with Section 250–7 (E) (1 through 4) of the Zoning Code, the Petition also supports the Comprehensive Plan. Attached is a draft Zoning Amendment for your review and consideration. (See, Exhibit E). It is submitted that the uses contained in this project are currently permitted within the Village’s zoning. The proposed amendments refine the type of “senior” use that is being proposed at this property. 38. With respect to affordable housing, Erickson is committed to advancing the Village’s affordable housing goals on the Project Site. The Petitioner has been in ongoing discussions with the Village and its staff, the Housing Action Council, as well as County Affordable Housing Authorities. The Petitioner anticipates an amendment to the Site Plan Regulations currently in the Village of Rye Brook Code to accommodate the solution arrived at by the Village and the Petitioner. 39. This Petition requests density and FAR significantly in excess of the base PUD requirements. Many approved and existing PUD’s permit significantly more density when compared to the base PUD zone. For example, this Project shall have 23% fewer units per acre and 13% less floor area per acre than the 900 King Street PUD. Erickson communities have a population density of 1.3 persons per unit, which is less than half the average per unit density of the Village. 40. Erickson recognizes the scale of the Proposed Project compared to other senior living providers in the region. At the same time, Erickson’s campus-style model and integrated approach to healthcare has proven to be a successful national model to deliver this lifestyle to the rapidly growing senior population without burdening surrounding communities. Reductions in the density proposed would not net proportional benefits. For example, and for comparison purposes, for every 50-unit reduction in the Project, peak traffic would be reduced by approximately 14 12 vehicles per hour and the Project would generate approximately $490,000 less in property taxes per year. Consistency and Support of the Village of Rye Brook Comprehensive Plan 41. The Proposed Project is consistent with, and would further support, the Village’s Comprehensive Plan (see Exhibit F). The Project would provide an “enduring economic base,” creating a stable source of property tax revenue for the Village and School District and a stable source of local employment. Through development of a previously disturbed site, the Project would provide high quality senior housing and service options within a Community that enhances the quality of life for Village residents and future generations. The Project increases the diversity of housing choices for current and prospective residents of the Village, while at the same time enhancing the design of the built and natural environment. STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) 42. This Petition requests action by the Village Board associated with the PUD rezoning, as well as the Site Plan and Subdivision Plat applications. In addition to having the authority to grant the PUD request, the Village Board also retains approval authority of the Site Plan and Subdivision applications. As such, it is submitted that the Village Board act as the Lead Agency under SEQRA. 43. Consistent with the dictates of SEQRA, the Petitioner has completed and hereby submits Part 1 of the Full Environmental Assessment Form, prepared by AKRF, Inc. Requested Relief 44. The Petitioner herein respectfully requests that the Village Board accepts the Petition submitted herewith and places this matter on the next available Village Board agenda for 13 discussion. At that meeting the Petitioner will make a formal presentation to the Village Board and the public. 45. The Petitioner also requests that the Village Board refer the Petition to the Village of Rye Brook’s Planning Board as well as Westchester County Planning Board, both for recommendation and comment. WHEREFORE, it is respectfully requested that the instant matter be placed on the next available agenda of the Village Board for review and consideration. Dated: June 11, 2026 VENEZIANO & ASSOCIATES North Castle, New York By: Anthony F. Veneziano, Jr. Anthony F. Veneziano, Jr. Attorneys for Petitioner 84 Business Park Drive, Suite 200 Armonk, New York 10504 (914) 273-1300 15 TABLE OF EXHIBITS Letter Title Page in Petition A Open Space Plan Page 3, paragraph 8 B Conceptual Site Plan Page 8, paragraph 27 C Aerial with Setbacks to Abutters Page 8, paragraph 27 D Topographic Survey Page 9, paragraph 29 E Draft Zone Text Amendments Page 11, paragraph 37 F Consistency with Comprehensive Plan Page 12, paragraph 41 Exhibit A Open Space Plan , (FEE as to IDA and LEASEHOLD as to DCCA) (Held in FEE by DCCA) Greenwich Rye & Harrison Doral Conference Center Associates S t r e e t K i n g A n d e r s o n H i l l R o a d EXHIBIT $ OPEN SPACE PARCELS Exhibit B Conceptual Site Plan SITE LOCATION PLAN SCALE 1" =200' SITE LOCATION PLAN ISSUE DATE SHEET NUMBER L101 SHEET ERICKSON SENIOR LIVING RYE BROOK 06/11/2026 PUD ZONING SUBMISSION PROJECT TITLE PUD ZONING SUBMISSION PUD CONCEPTUAL PLAN SCALE 1" = 125' PUD CONCEPT PLAN ISSUE DATE SHEET NUMBER L102 SHEET ERICKSON SENIOR LIVING RYE BROOK 06/11/2026 PUD ZONING SUBMISSION PROJECT TITLE PUD ZONING SUBMISSION LEGEND RB - RESIDENTIAL BUILDING CB - COMMUNITY BUILDING CC - CONTINUING CARE BUILDING MKTG - PROJECT MARKETING BUILDING THEN PUBLIC CIVIC CENTER Exhibit C Aerial with Setbacks to Abutters ±380 ±270 ±340 ±620 FI G U R E : D - 1 DA T E : 0 6 / 2 0 2 6 97 5 A N D E R S O N H I L L R O A D DI S T A N C E T O E X I S T I N G B U I L D I N G S VI L L A G E O F R Y E B R O O K , N Y 1 0 5 7 3 SC A L E : 1 " = 4 0 0 ' JM C P R O J E C T : 25 0 8 7 ER I C K S O N R Y E B R O O K 12 0 B E D F O R D R D AR M O N K NY 1 0 5 0 4 (9 1 4 ) 2 7 3 - 5 2 2 5 fa x 2 7 3 - 2 1 0 2 JM C P L L C . C O M CO P Y R I G H T © 2 0 2 6 b y J M C All R i g h t s R e s e r v e d . N o p a r t o f t h i s d o c u m e n t m a y b e r e p r o d u c e d , s t o r e d i n a r e t r i e v a l s y s t e m , o r t r a n s m i t t e d i n a n y f o r m o r b y m e a n s , e l e c t r o n i c , m e c h a n i c a l , p h o t o c o p y i n g , r e c o r d i n g o r o t h e r w i s e , w i t h o u t t h e p r i o r w r i t t e n p e r m i s s i o n o f J M C P L A N N I N G , EN G I N E E R I N G , L A N D S C A P E A R C H I T E C T U R E & L A N D S U R V E Y I N G , P L L C | J M C S I T E D E V E L O P M E N T C O N S U L T A N T S , L L C | J O H N M E Y E R C O N S U L T I N G , I N C . ( J M C ) . A n y m o d i f i c a t i o n s o r a l t e r a t i o n s t o t h i s d o c u m e n t w i t h o u t t h e w r i t t e n p e r m i s s i o n o f J M C s h a l l r e n d e r t h e m i n v a l i d a n d u n u s a b l e . Exhibit D Topographic Survey EXISTING BUILDING LINE EXISTING PROPERTY LINE EXISTING CONTOUR EXISTING RETAINING WALL EXISTING INDEX CONTOUR170 172 EXISTING LIGHT POLE EXISTING SIGN EXISTING BUILDING OVERHANG EXISTING CURB LINE EXISTING PAVEMENT EDGE EXISTING GUIDE RAIL T10 M EXISTING PARKING WITH EXISTING WETLAND LINE AND DELINEATION NUMBER OF SPACES EXISTING TREE AND DESIGNATION EXISTING FENCE EXISTING DIRECTIONAL ARROWS EXISTING TREE LINE ADJACENT PROPERTY LINE EXISTING EASEMENT LINE EXISTING FIRE HYDRANT EXISTING GAS VALVE EXISTING WATER VALVE EXISTING PAINT EXISTING HANDICAP PARKING WITH NUMBER OF SPACES EXISTING STONE WALL EXISTING PEDESTRIAN CROSSING BORING LOCATION AND DESIGNATION EXISTING STORM DRAIN LINE AND SIZE36" RCP EXISTING SANITARY LINE AND SIZE8" SAN EXISTING WATER LINE EXISTING DRAIN INLET EXISTING MANHOLE EXISTING GAS LINE EXISTING OVERHEAD WIRES NOTES: EXISTING UTILITY POLE WV GV 2H 5 DP-2 WLF-63 WLF-64 WLF-65 (AREA U N D E R D E M O L I T I O N ) REMAINS O F C O N C R E T E S L A B 306 30 6 302300 306 310 304 34 0 334 32 6 286 262 248 276 248 28 2 30029 0280 270 260 25 4 250 252 2 5 0 250 250 25 0 260 252 260 270 280 290 300 31 8 31 0 310 320 3 2 0 31 0 300 286 290 28 6 284 28 0 27 0 260 250 246 2 5 0 248 252 25 0 264 26 6 26 0250 26 0250246 266 31830 4 32 0 330 32 0 32 8 30 4 30 6 31 0 308 31 0 31 0 31 0 310 31 0 31 0 31 0 3 1 0 31 0 320 W A L L 30 6 30 8 30 4 30 4 30 4 3 0 6 310 304 3 0 6 3 1 2 310 310 31 0 310 310 310 30 4 31 0 31030 4 3 1 0 310 310 310 320 310310 312 310 3123 1 0 308 310 308 318 32033032 0 328 260 328 338 284 30 0 290 332 33 0 32 8 34 0 33 8 33 0 31 8 32 0 3 2 0 320 320 33 0 32 0 31 0 290 300 270 29 0 2 7 0 28 0 260 280 2 6 0 2 7 0 26 0 25 0 270 27 6 280 2 8 4 29 2 31 0 320 320 320 330 33 0 330 33 0 33 0 32 0 302 31 0 300 30 2 30 0 30 2 280 28 0 276 274 27 0 270 26 0 25 0 246 328 3 2 2 304 304 3 0 6 310 320 310 3 3 2 310 3 0 4 3 0 8 310 320 320 310 31 0 320 30 0 30 4 310 306 3 0 6 310 310 310 30 6320326 32 6 33 0 320 330 3 2 0 320 308 310 296 308 308 310324 320 310 3 0 0 290 280 296290 280 288 246 24 0 24 0 24 6 24 6 250 244 25 0 26 0 270 250 250 250 260 270 280 250248 23 8 24024 024 2 246 310 310 306 3 1 0 310 310 310 310 310 ROCK WA L L S WA L L WA L L S 31 2 310 314 254 2 5 8 256 260 ROCKS ROCKS WALL 270256 WALL S 28 4 WA L L 27 0 RO C K ROCKS WALLS WA L L S ROCKS ROCKW A L L ROCKS T E E TRAP TRA PGREEN FAI R W A Y ROCKS ROCKS ROCKS RO C K S ROCK ROCK ROCKS ROCK ROCK ROCK ROCK ROCK FAIRW A Y FAIRWAY TE E TE E TEE TEE TE E TE E GR E E N TRAP TRAP TRAP TEETEETEETEETEE ROCKS TE E ROCKS ROCK ROCKS ROCKS TR A P TR A P TR A P GREEN FA I R W A Y TR A P TR A P TE ETR A P G R E E N POOL ROCKS ROCK ROCK ROCK TRAP TEE TEE TEE TR A P T E E TE E GREEN STOCKPILE STOCKPILES ROCK ROCK ROCKS ROCK TE E T E E T E E T E E TE E TE E FA I R W A Y FAI R W A Y FAI R W A Y GREEN T R A P TRAP TRAP TR A P TR A P TRAP F A I R W A Y TRAPTRAP T R A P TRAP T R A P TRAP TRAP TRAP TRAP ROCK S FAIR W A Y FAIRWA Y TEE TRAP TRAP TRAP GREEN TEE FAIRW A Y TEE T E E TRAP PO O L GREEN TEE TEE TEE FAIRWAY TRAP TRAP ROCK RO C K S STO C K P I L E TEE TEE TEE TE E G R E E N TEE T R A P TRAP T R A P T R A P TRAPTRAP TRAP TRAP TRAP FA I R W A Y FA I R W A Y or 0.0204 acres Area = 888 sq. ft. 30 . 0 7 ' 9 . 5 8 ' CA= 5 9 ° 0 6 ' 0 0 " L=6 1 . 5 5 ' R=5 9 . 3 4 ' 6.00' 84 . 5 1 ' 12 7 . 7 8 ' 269.19' (Survey) L=47.54' R=720.00' R=720.00' S 55°08'00" W1131.90' 435. 2 0 ' 98. 0 0 ' N 7 8 ° 1 5 ' 0 0 " E 58 5 . 5 0 ' 147.62' 66.80' 9 6 . 4 0 ' 83 . 5 0 ' 24 2 . 0 0 ' 30 . 0 0 ' 12 9 . 2 0 ' 101.90' 105.80' S 56°43'00" W S 0 4 ° 1 8 ' 0 0 " E 12 2 . 2 0 ' 289.56' (Deed) S 55°08'00" W N/FGER A L D & A L I C E M A S O N N/ FE M M A F U R A N O N/F GE O R G E & C L A R A C H E R E P O V N/FCARL & B E T T Y S T O R M N/FRIC H A R D B R O W N 20 F O O T W I D E S A N I T A R Y S E W E R E A S E M E N T L=13.05' HOUSIN G A R E A SECTION 1 BLOCK 3 LOT 6 GOLF COURSE PARCEL NO. 2 SECTION 1 BLOCK 3 LOT 5C PARCEL NO. 1 GOLF COURSE GOLF COURSE PARCEL NO. 1 12.15' R = 6 0 1 . 9 3 ' L= 1 8 3 . 5 7 ' 20 F T . W I D E S A N I T A R Y S E W E R E A S E M E N T N 2 2 ° 1 6 ' 0 9 " W N 2 7 ° 1 8 ' 4 9 " W N 51°19'31" E 245.00' N 1 4 ° 0 5 ' 2 4 " W 34 9 . 3 6 ' N 1 4 ° 0 5 ' 2 9 " W 66 . 6 5 ' N 2 0 ° 5 3 ' 1 6 " W 30 3 . 4 2 ' N 1 9 ° 5 4 ' 5 9 " W 60 . 8 0 ' N 2 0 ° 2 7 ' 5 9 " W N 1 3 ° 5 3 ' 0 0 " W N 1 1 ° 5 9 ' 5 9 " W N 1 0 ° 4 0 ' 5 9 " W 15 0 . 1 0 ' N 1 2 ° 1 2 ' 5 9 " W 20 0 . 0 0 ' N 13°03'00" W 40.90' N 15°52'59" W 20.80' N 42°25'00" W 38.90' N 3 9 ° 0 7 ' 5 9 " W N 5 8 ° 4 4 ' 5 9 " W S 6 8 ° 0 1 ' 2 1 " W 52.3 0 ' S 8 3 ° 0 3 ' 2 0 " W 73 . 8 0 ' N 82°56'00" W 18.10' N 88°48'58" W 13.00' N 8 3 ° 3 0 ' 5 9 " W 4 7 . 6 0 ' S 85°06'00" W 32.30' N 16°39'00" W 35.50' N 17°1 2 ' 0 1 " E 73.40' N 05°2 7 ' 0 1 " E 106.00 ' N 76 ° 4 6 ' 0 1 " E 63.70' N 01°4 2 ' 0 1 " E 20.10' N 03°0 7 ' 0 1 " E 50.60' N 28°48'01 " E N 08°3 4 ' 0 1 " E 75.90 ' N 01°28 ' 0 1 " E N 66 ° 1 1 ' 0 1 " E 29.5 2 ' N 64° 2 1 ' 0 1 " E 335. 1 0 ' N 7 1 ° 1 5 ' 0 1 " E N 6 7 ° 4 8 ' 0 1 " E N 57°5 8 ' 0 1 " E 567.60' N 57°5 8 ' 0 1 " E 363.50' S 5 5 ° 1 2 ' 5 9 " E 3 4 4 . 8 2 ' S 1 9 ° 0 5 ' 5 9 " E 55 . 4 8 ' S 6 7 ° 1 1 ' 3 1 " W 492. 5 0 ' S 3 3 ° 0 7 ' 2 9 " E 61 6 . 3 3 ' S 3 2 ° 3 6 ' 5 9 " E 17 9 . 1 0 ' N 65° 5 6 ' 0 1 " E 235. 6 6 ' S 1 5 ° 0 9 ' 5 9 " E 16 4 . 8 0 ' S 44°16'01" W 221.00' S 4 6 ° 1 6 ' 2 9 " E 16 9 . 1 8 ' S 5 6 ° 4 4 ' 0 7 " E 1 3 8 . 3 8 ' N 5 1 ° 5 0 ' 4 0 " W 7 6 1 . 6 3 ' S 2 8 ° 1 0 ' 3 7 " E 61 5 . 4 6 ' R= 1 5 0 . 0 0 ' L= 5 2 3 . 6 8 ' C A = 2 0 0 ° 0 1 ' 5 0 " N 0 8 ° 0 8 ' 4 7 " W 64 4 . 1 8 ' R=135.00'L=32.96'CA=13°59'23"N 05°5 0 ' 3 6 " E 253.70 ' N 3 0 ° 3 0 ' 4 8 " W 31 2 . 2 4 ' S 51°24'56" W 414.28' R=300. 0 0 'CA=9°5 0 ' 5 1 "L=51.5 6 'S 61°1 5 ' 4 7 " W 186.9 1 ' S 1 2 ° 4 1 ' 2 0 " E 27 0 . 2 7 ' R= 3 1 5 5 . 9 9 ' L=3 8 2 . 8 1 ' CA = 6 ° 5 6 ' 5 9 " S 0 5 ° 4 4 ' 2 1 " E 317 . 8 2 ' R= 6 9 8 . 0 0 ' L= 1 9 2 . 4 8 ' CA = 1 5 ° 4 8 ' 0 1 " S 2 1 ° 3 2 ' 2 2 " E 89 . 0 5 ' R= 1 7 4 . 3 1 ' L=166.73 ' CA=54 ° 4 8 ' 1 5 " S 33°15'5 3 " W 15.00' S 44°16'01" W 7.20' N 47°28'40" E99.48' N 47°28'40" E 65.91' S 43°43'31" W 83.20' S 43°43'31" W 341.07'20.23' S 45°08'01" WS 44°59'01" W 297.50' S 43°49'01" W 403.00' S 46°24'01" W 130.00' S 42°14'01" W 67.07' S 43°46'49" W 238.95' GOLF COURSE PARCEL NO. 1 NO W O R F O R M E R L Y PR O P E R T Y O F N E W Y O R K ST A T E U N I V E R S I T Y 12 FT. WIDE PERPETUAL & NONEXCLUSIVE EASEMENT OF RIGHT OF WAY FOR INGRESS AND EGRESS AS RECORDED IN LIBER 10125 PAGE 101 D I S T U R B E D A R E A NE W Y O R K S T A T E L I N E CO N N E C T I C U T S T A T E L I N E TO W N O F H A R R I S O N T O W N O F R Y E V I L L A G E O F R Y E B R O O K TOWN OF HA R R I S O N TOWN OF RY EVILLAGE O F R Y E B R O O K 20 F T . W I D E C O N E D I S O N E A S E M E N T 20 F T . W I D E C O N E D I S O N E A S E M E N T 24' ACCESS EASEMENT Drawing No: Project No: Date: Scale: Drawn:Approved: AR C H I T E C T : AP P L I C A N T : No . Re v i s i o n Da t e P r e v i o u s E d i t i o n s O b s o l e t e By ANY ALTERATION OF PLANS, SPECIFICATIONS, PLATS AND REPORTS BEARING THE SEAL OF A LICENSED PROFESSIONAL ENGINEER OR LICENSED LAND SURVEYOR IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PROVIDED FOR BY SECTION 7209, SUBSECTION 2. Exhibit E Draft Zone Text Amendments 1 LOCAL LAW NO. ____ OF 202___ VILLAGE BOARD OF TRUSTEES VILLAGE OF RYE BROOK LOCAL LAW TO AMEND CHAPTER 250 AND CHAPTER 209 OF THE CODE OF THE VILLAGE OF RYE BROOK AND TO AMEND THE VILLAGE OF RYE BROOK ZONING MAP A Local Law to Amend Chapter 250, Section 2 Subsection C; Chapter 250, Section 7, Subsection E; Chapter 209, Section 3, Subsection F of the Code of the Village of Rye Brook concerning Zoning and Site Plan and to Amend the Zoning Map of the Village of Rye Brook. BE IT ENACTED by the Village Board of Trustees of the Village of Rye Brook as follows: Section 1. The following definitions are hereby added to Chapter 250, Section 2, Subsection C, of the Code of the Village of Rye Brook Continuum of Care Retirement Community – A senior living facility developed as a unified residential campus that includes a mix of Independent Living and Assisted Living units, and may include skilled nursing and other medical care, as well as related and accessory services and amenities, in which residency is conditioned on payment of an entrance fee and ongoing service fees and is subject to the terms of a residency agreement effective for the life of the individual or for a period greater than one year. The residency agreement shall provide guaranteed access to higher levels of care within the community. Residency in a CCRC does not confer tenancy or ownership interests. Senior Living Facility – A facility providing a range of living accommodations, personal care services and support facilities for people who are 62 years of age or older or for couples, one of whom is at least 62 years of age. Section 2. Chapter 250, Section 7 Subsection E, Item 7 of the Code of the Village of Rye Brook, entitled “975 Anderson Hill Road Planned Unit Development,” is hereby added as follows: 2 (7) 975 Anderson Hill Road Planned Unit Development. The following regulations shall apply within the 975 Anderson Hill Road Planned Unit Development: (a) Uses. [1] Permitted Principal Uses: [a] Continuum of Care Retirement Communities. [b] Uses of the Village of Rye Brook. [2] Permitted Accessory uses: Indoor and outdoor recreation facilities, libraries, food preparation facilities, dining facilities, laundry and linen service facilities, specialty care services, examination rooms, treatment rooms, nursing services, housekeeping services, security facilities, administrative offices, staff facilities, storage and maintenance, chapels, temporary guest lodging facilities, parking facilities, barbershops and beauty parlors, facilities for the sale of sundries, personal articles, newspapers, food and similar convenience products to the residents, pharmacy, and such other uses as are customarily associated with and subordinate to the principal permitted use. (b) Dimensional Requirements [1] Maximum building height shall be calculated by utilizing the weighted average of the building height measured from the finished grad adjacent to the exterior walls of the building. [a] Buildings shall have a maximum building height of 4 stories and 62 feet, except that buildings that are at least 600 feet from the front and rear property lines, and at least 300 feet from a side yard adjoining a residential use shall have a maximum height of 5 stories and 73 feet. [2] In recognition of the generally lower impacts from such facilities, the maximum density for CCRC uses shall be: [a] 16,900 square feet of floor area per gross acre, and: [b] 10.1 units per acre, with no more than 9.1 dwelling units per acre and 1.1 assisted living or other similar unit per acre (c) Bulk and Area requirements. [1] Minimum lot size: 80 acres [2] Minimum yard dimensions for CCRC uses: [a] Front: 150 feet [b] Side: 100 feet [c] Rear: 200 feet [d] Parking adjacent to adjoining residential use: 50 feet. [e] Consistent with § 250-7E(2)(e)[1][d], site plans conforming to the yard requirements in Subsection E(7)(c)[2][a] through [d], above, shall be deemed to provide a sufficient buffer as required by § 250-7E(2)(e). [3] Maximum gross land coverage (percentage of land area covered by the combined areas of all buildings, structures, and paved areas): 25%. [4] Minimum parking requirements for CCRC: 1.2 spaces per unit 3 [5] Exterior lighting or other illumination shall be permitted, provided that the light source shall be shielded from any adjacent residence district or public street. [6] A detailed planting plan to buffer adjoining properties shall be submitted as part of the site plan application. Section 3. Chapter 209, Section 3 Subsection F, Item 2, Subitem D of the Code of the Village of Rye Brook, is hereby added as follows: (d) Site development plans for a Continuum of Care Retirement Community use. Section 4. Chapter 209, Section 3 Subsection F, Item 4, of the Code of the Village of Rye Brook, is hereby added as follows: (4) Continuum of Care Retirement Community uses shall make available five percent of the total number of dwelling units as CCRC Attainable Units, pursuant to the following: (a) CCRC Attainable units shall be distributed among the unit types so designated on the Preliminary Site Plan. [1] Each unit size offered as an CCRC Attainable Unit shall also be offered as a market-rate unit such that no unit size is comprised solely of Attainable Units. Attainable Units shall not be distinguishable from market-rate units. [2] The requirement to provide Attainable Units shall remain in effect for 50 years from the date of the initial certificate of occupancy. (b) CCRC Attainable units shall be aimed at qualifying households earning no more than 80% of the Area-Median Income as annually published by Westchester County. (c) CCRC Attainable Units shall be required to secure their residency with the prevailing Entrance Fee and Residency Agreement otherwise applicable to the Continuum of Care Retirement Community project. (d) Monthly Fees. [1] Monthly fees for each CCRC Attainable Unit shall be the sum of the following two components: [a] Housing costs published by Westchester County as affordable to a 1-person household at 80 percent of the Area Median Income. [b] The prevailing, market-rate ‘second person’ service fee applied to each occupant of the unit. [2] CCRC Attainable Monthly Service Fees shall not exceed 60 percent of the income level published by Westchester County as representing 80 percent of the area median income for the respective household size. [3] The CCRC Attainable Monthly Service Fee paid by each CCRC Attainable Unit shall entitle each occupant to the same benefits and services as the base monthly fee paid by residents of non-Attainable Units. 4 (e) The Program Administrator shall have the same meaning as set forth in Section 250-26.1(D). (f) CCRC Attainable Units shall be marketed to income-eligible households in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan, for so long as the Westchester County Fair and Affordable Housing Affirmative Marketing Plan remains in effect, or other such policy as determined by the Program Administrator should the County policy not be in effect, so as to ensure outreach to households within protected classes and characteristics, including race, ethnicity, disability in furtherance of fair housing. (g) A declaration of restrictive covenants shall be properly recorded in the office of the Westchester County Clerk that ensures the CCRC Attainable Units will remain available for the period set forth above and that occupants of CCRC Attainable Units will have as their primary residence said CCRC Attainable Unit. The Program Administrator and Village Attorney shall approve the form and substance of the covenants. (h) The Program Administrator shall monitor compliance with these requirements and shall make such reports to the Village Board of Trustees as appropriate. Section 5. The Zoning Map of the Village of Rye Brook shall be amended by striking any and all notes printed on the area of the 975 Anderson Hill Road PUD and adding a note directing the reader to this Local Law. Section 6. Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, Chapters 78 of the Code of the Village of Rye Brook is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 7. Numbering for Codification It is the intention of the Village of Rye Brook and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Village of Rye Brook; that the sections and subsections of this Local Law may be re-numbered or re-lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word “Local Law” shall be changed to “ Chapter,” “Section” or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 8. Severability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or 5 unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 9. Effective Date This local law shall take effect immediately upon filing with the Office of the Secretary of State. Exhibit F Consistency with Comprehensive Plan Narrative Analyzing Consistency of Proposed Project with Comprehensive Plan Prepared by AKRF, Inc. -1- The Village adopted its Comprehensive Plan – Plan Rye Brook – on June 24, 2014.1 The Proposed Project is consistent with, and would further the vision, goals, and objectives identified in the Village’s Comprehensive Plan. Among other things, the Project would create a stable source of property tax revenue for the Village and School District and a stable source of employment. It would provide high quality housing and senior care options within a community that would enhance the quality of life for Village residents. Additionally, the Project would increase the diversity of housing choices in the Village, while improving the design of the built and natural environment. As detailed in the Comprehensive Plan, the Village’s primary goal “is to maintain and improve the overall quality of life for Village Residents by: (1) promoting sustainable development; (2) encouraging a stable and enduring economic base; (3) providing for safety, health and education; (4) preserving the natural, cultural, recreational and historic assets of Rye Brook; (5) enhancing the design of the built and natural environment; and (6) advocating for smart-growth design principles in the planning process” (Comprehensive Plan, page 1). Regarding sustainable development, the Project would utilize sustainable development principles, including energy efficient building design and appliances, as well as LED light fixtures that would be full cut off and dark sky compliant. The Project would create an enduring economic base in the Village. The Project Site was previously developed with tax generating uses, however, it has been vacant since January 2020. The Project would provide a stable economic base through the provision of an essential community facility in the form of a senior living community. The market for this use is strong in Westchester County and is growing throughout the region and across the Country; it is anticipated to continue growing for decades. As such, the stability of the property tax revenue generated by the Project would represent a notable change from the Project Site’s prior hotel use, which was dependent on tourism and travel, and, therefore, less consistent in terms of tax generation. The Project would promote safety, health and education through the provision of high-quality senior housing within a community that includes on-site medical facilities and security personnel. The development would include a medical center for senior healthcare that offers same-day appointments through a network of providers such as physicians, nurse practitioners, mental health providers, physician assistants, and social workers. On-site care, such as assisted living, would also be offered. The Project would include security staff trained in emergency medical services, a fitness center, wellness programs and in-home care aides. The Project would promote the Comprehensive Plan goal to preserve the natural, cultural, recreation, and historic assets of the Village by developing a previously disturbed site and preserving the majority of the natural features on the site. The Project would be developed on the portions of the Project Site previously developed, thereby minimizing potential impacts. The Project would be designed to preserve the on and off-site wetlands and their buffers as well as preserve approximately 22 acres of open space throughout the northern and eastern portions of the Site, which the Petitioner intends to restrict for permanent conservation. Additional stormwater detention would be engineered as part of the Project to reduce existing downstream flooding conditions, and walking paths would be provided throughout the Site. The Project would enhance the design of the built environment by constructing new buildings as part of a senior living campus, creating a community of residences with amenities, inclusive of architectural details, designed to take into consideration surrounding uses and views. Extensive landscaping exists on the Project Site and the abutting Doral Greens’ property and would be enhanced with the Project. The development would be screened from adjacent properties along Anderson Hill Road with berms and/or landscaping, consistent with the low density, visual character of this area of the Village. 1 Plan Rye Brook. Available at: https://planning.westchestercountyny.gov/images/stories/cp/ryk14.pdf Narrative Analyzing Consistency of Proposed Project with Comprehensive Plan Prepared by AKRF, Inc. -2- Consistent with smart-growth design principles, the Project would redevelop a previously disturbed site that already contains connections to existing utilities and infrastructure, while at the same time reducing the pressure of sprawl. The Vision Statement of the Comprehensive Plan explains that “the future of the Village of Rye Brook shall be one that strives to maintain and enhance the quality of life of its residents, businesses interest groups, and future generations based on a community consensus that establishes and strengthens the Village’s distinct identity while working with neighboring communities to achieve desired and shared goals” (Comprehensive Plan, page 4). The Project would provide much-needed senior housing options in the Village and would allow senior citizens currently living or previously living within the Village and the region to downsize and reinvest home equity by moving into a community that provides for their needs, while remaining close to family, friends and support networks. Nationally, the population of individuals 80 and older is anticipated to increase by roughly 55 percent, reaching 23 million individuals by 2035, outpacing every other age group. At this time, senior housing, nationally, is experiencing high occupancy rates, approximately 87 percent as of the first quarter of 2025. Notably, across Erickson’s communities, the occupancy rate is approximately 97 percent. One goal of the Comprehensive Plan is to “enhance sense of community through changes in the built environment,” which can be achieved by a policy of “promot[ing] a diversity of housing choices for both current and prospective residents [and] minimiz[ing] activities that create significant adverse impacts to the quality of life in residential neighborhoods” (Comprehensive Plan, page 4). The Project would offer a unique housing option for seniors that is not common in the Village or Westchester County, consistent with the Comprehensive Plan’s recommendation to expand housing choices within the Village. While the model proposed by Erickson has similarities to other senior living facilities in the area, it is unique in that it would create a strong neighborhood by providing community hubs with amenities that are within walking distance of residential units. All buildings on site would be connected by enclosed walkways. The low impact residential use would also be complementary to adjacent uses (including Atria, Rye Brook, Kingsfield, the Enclave at Rye Brook, and Doral Greens) with a lesser impact than the previous Doral Arrowwood Hotel and Conference Center. Regarding the natural environment, one goal of the Comprehensive Plan is to “maintain and improve the quality of the Blind Brook and Long Island Sound watershed,” which can be achieved through a policy of “reduc[ing] sources of non-point pollution and preserv[ing] environmental resources in the Blind Brook and Long Island Sound watershed” (Comprehensive Plan, page 4). The Project is adjacent to the Blind Brook and would improve stormwater quality and reduce runoff from the Project Site by installing stormwater management practices that reduce runoff volume and filter pollutants. Additional stormwater management measures would include native plantings located throughout large, landscaped buffers. The Project would also preserve wetlands and buffer areas in their current, minimally disturbed, natural state.