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2016-01-14 FINAL Planning Board Report & Recommendation - Sun_Homes_PUD_Site_Plan_2016 1 14 January 14, 2016 _APPROVED 6-1 RESOLUTION AUTHORIZING SUBMISSION OF A REPORT AND RECOMMENDATION TO THE RYE BROOK BOARD OF TRUSTEES ON AN APPLICATION BY SUN HOMES FOR APPROVAL OF A PUD SITE PLAN FOR A RESIDENTIAL COMMUNITY OF 110 SINGLE-FAMILY DWELLING UNITS ON PROPERTY LOCATED AT 1100 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 an application by Sun Homes for approval of a PUD Site Plan for a residential community of 110 single-family dwelling units on real property located at 1100 King Street. On a motion by Amy Schoen, seconded by Daniel Tartaglia, Mr. Michael Nowak, Village Engineer, called the roll: APPROVING THE REFERRAL RESOLUTION: Ayes: GOODMAN, GRZAN, MORLINO, RICHMAN, SCHOEN, TARTAGLIA Nays: ACCURSO Abstain: Excused: REPORT AND RECOMMENDATION FROM THE RYE BROOK PLANNING BOARD TO THE RYE BROOK BOARD OF TRUSTEES ON AN APPLICATION BY SUN HOMES FOR APPROVAL OF A PUD SITE PLAN FOR A RESIDENTIAL COMMUNITY OF 110 SINGLE-FAMILY DWELLING UNITS ON PROPERTY LOCATED AT 1100 KING STREET I. APPLICATION OVERVIEW The Rye Brook Board of Trustees is currently considering an application by Sun Homes ("Applicant") for approval of a Planned Unit Development (PUD) Site Plan for a residential community consisting of 110 dwelling units on real property located at 1100 King Street (the "Property'). Specifically, the Applicant seeks approval of a Site Plan for the construction of a residential community on Parcel 129.25-1-1, located directly behind the Reckson Executive Park on King Street. The development will include 100 attached and detached market rate dwellings, 10 affordable housing units as well as a pool, club house, streets, on-street parking areas, communal open space and storm water retention areas. On July 28, 2015, the Board of Trustees adopted a Negative Declaration for the proposed action which included certain amendments to Zoning Code, rezoning the property from OB-1 to the PUD Zoning District, approval of a PUD Concept Plan and PUD Site Plan, as well as all related approvals and permits, such as a Steep Slopes permit and any necessary Wetland Permit approval or extension. The Negative Declaration which culminated the BOT's SEQRA review included a full and comprehensive review of potential impacts such as traffic, stormwater, wetlands, steep slopes, wildlife, tree removal, community character and other relevant categories of potential environmental impact. At the same meeting, the Board of Trustees adopted a local law which made certain text amendments to Section 250-7.E of the Village Zoning Code concerning PUD developments, including authorization for the Board of Trustees to waive the floor area limitation for residential developments and to waive certain buffer area requirements. On August 18, 2015, the Board of Trustees re-zoned to the PUD Zoning District and approved a PUD Concept Plan. Thereafter, on or about September 17, 2015 the Applicant submitted its PUD Site Plan application to the Board of Trustees which was referred to the Planning Board on October 2, 2015 for consideration and for a report and recommendation. On November 24, 2015, the Board of Trustees referred to the Planning Board the Applicant's request for an extension of its existing Wetland Permit Approval. The Planning Board reviewed the PUD Site Plan application at its meetings on October 8, 2015, November 12, 2015, December 10, 2015, and January 14, 2016 and reviewed the Wetland Permit extension request at its December 10, 2015 meeting. II. DISCUSSION The following topics are those which the Planning Board primarily focused discussion upon: -2- 1. Density/Floor Area Waiver The approved PUD Concept Plan permits up to 110 residential units in the general configuration shown on the Concept Plan. The number of units proposed by the Applicant translates to a density of approximately 3.6 units per acre which is consistent with the neighboring development of Bellefair (1.9 units per acre), the Arbors (6.8 units per acre) and Doral Greens (7.9 units per acre). The proposed units per acre also falls under the maximum of 6 units per acre permitted with a PUD, as per the Village Code. The Applicant is proposing a total floor area which exceeds the 9,000 square-foot floor area per acre limitation set forth in the Village's PUD requirements. Specifically, the PUD Site Plan proposes 12,109 square feet of floor area per acre. Therefore the Applicant is requesting a 3,109 square foot waiver which is a 35% increase over the allowable floor area. On July 28, 2015 the Board of Trustees adopted a local law which amended Section 250-7.E(3) of the Zoning Code to allow the Board of Trustees to waive the 9,000 square foot/acre floor area limitation applicable to PUDs, in whole or in part, if an applicant provides affordable housing units equivalent to 10% of the proposed market rate units. This amendment to the Zoning Code applies to this PUD and any future proposed PUDs within the Village. It is the Planning Board's understanding that the Zoning Code amendment does not state an applicant is entitled to a floor area waiver if the requisite number of affordable housing units is provided, but only that an applicant is elm for a waiver. It should be noted that the PUD Site Plan must contain at least 10 affordable housing units based on the schedule set forth at Section 209-3.F. Here, the -3- Applicant is providing 10 affordable housing units which is equivalent to 10% of the 100 market rate units. Thus, the Applicant is eligible for a floor area waiver. As justification for the waiver, the Applicant points to three grounds: (1) inclusion of affordable housing units which are significantly larger than the minimum size required; (2) attached garages; and (3) walk-out basements. The Planning Board does not agree that providing the required affordable housing units constitutes a valid justification for granting the waiver. Although the affordable units provide a benefit to the community, they are required by code and should not serve as the basis for a gross floor area waiver. Attached garages and walk-out basements are included in the Village's definition of Gross Floor Area. However, these features contribute positively to the design and layout of the residential community but they are included in the Villages definition of GFA and thus increase the overall GFA calculation. While it may have been possible for the Applicant to design the development without these features and comply with the floor area limitation, the inclusion of the additional floor area in the overall development does not create any adverse impacts as the property is capable of supporting the additional buildable area. Therefore, based only on the second and third ground referenced above, the Planning Board supports the requested floor area waiver. 2. Lighting Plan The revised Lighting Plan replaces the originally proposed bollard lighting with traditional lighting standards which provide more comprehensive street lighting. However, the Applicant requested consideration for eliminating some of the street -4- lighting standards to provide more minimal lighting throughout the development, keeping only the lighting standards located along the proposed extension of International Drive at internal roadway intersections, and adjacent to visitor parking spaces. In determining whether to eliminate some of the proposed lighting standards, the Board of Trustees should consider the following factors: whether the level of lighting desired (i) promotes the avoidance of car accidents involving users of the vehicular roadways that are also used by pedestrians as walkways with special consideration to vulnerable groups, e.g. pedestrians, cyclists, the elderly, the disabled, and children; (ii) enhances the nighttime environment by eliminating or mitigating lateral glare and sky lighting; and (iii) promotes energy efficiency. 3. Steep Slopes/Grading Based on the Grading Plan, the Applicant is proposing a balanced cut and fill. The Applicant is proposing to increase the amount of slopes on the property that exceed 35% by approximately 0.61 acres, increase the amount of 25%-25% slopes by approximately 0.3 acres, decrease the amount of 15%-25% slopes by approximately 0.84 acres and decrease the amount of 0%-15% slopes by approximately 0.08 acres. The disturbance to existing slopes and creation of new slopes shown on the Grading Plan has been minimized through the utilization of retaining walls, particularly between the property and the adjacent Bellefair residential development. When implementing the Grading Plan, it will be important to ensure that limits of construction are established, temporary and permanent slope stabilization measures are -5- employed, and existing vegetation in areas adjacent to grading work is protected so as to ensure survival post construction. 4. Landscape Screening The Planning Board is concerned that the removal of existing vegetation and grading of the property may create visual impacts to neighboring properties within Doral Greens and Bellefair. To address this concern, the Applicant added a note to the landscape plan requiring all existing trees within certain buffer areas to be evaluated by a certified arborist for safety and survivability to determine whether they should remain. All healthy trees in these areas will be retained. To ensure the effectiveness of the buffer vegetation in screening the proposed development from adjacent properties, the note should be revised to state that where trees are removed from the buffer areas, additional trees shall be planted to eliminate gaps created in the existing vegetation resulting from the removal of dead, dying or diseased trees. 5. Stormwater The SWPPP submitted by the Applicant has been reviewed by DRE and determined to be acceptable. The stormwater management plan has been designed such that discharge rates remain at less than 76% of the predevelopment rates and the project will achieve a 68% Runoff Reduction Volume (RRv) where 30% is required. The design of the Stormwater Management plan remains reliant upon the approved and partially -6- constructed detention basins at the rear of the property and also includes green infrastructure techniques such as porous pavement, vegetative swale, and tree planting. 6. Water Flow/Pressure On October 9, 2015 Suez Water (formerly, United Water Westchester Incorporated) issued a "Willingness to Serve" letter in which Suez certifies it has the ability and willingness to serve the Sun Homes development. It states that "[Suez] has adequate pressure and volume to serve [Sun Homes] subject to the following: the fire flow data provided was noted by Sun Homes as requiring confirmation." In a subsequent email to the Applicant dated October 28, 2015, Suez stated the following: Please be aware that we are doing some further studies along Anderson Hill Road and will continue to study this area and that, in addition to normal maintenance activities, we may make some improvements such as water main replacements that will positively affect water service for our customers. [Suez] has a Long Term Water Main Replacement Program and we continuously review and update plans and studies so we can optimize the water system improvements we make throughout our system. To confirm that surrounding properties will not experience pressure or flow issues as a result of the added demand on the water system, DRE's November 3, 2015 memorandum requests fire flow data and its December 8, 2015 memorandum requests information regarding Suez's proposed improvements, some of which information must come from Suez. Specifically, DRE's December 8, 2015 memorandum states: [Suez] proposed improvements in support of this application must be detailed. A hydraulic analysis must be submitted demonstrating that surrounding properties will not experience -7- pressure or flow issues as a result of the added demand on the system. We will gladly meet with the water company to discuss our thoughts on how to evaluate existing vs. proposed conditions. DRE's January 13, 2016 letter further states: With regard to this issue, we met with Frank McGlynn of Suez to discuss field tests necessary to determine if the construction of the Sun Homes project would have an impact on the water suppled to Belle Fair. Hydrant(s) would be opened at Belle Fair to flow at the average peak rate. Pressure would be taken before, during and after the flow. This procedure would then be repeated with hydrant flow in the Executive Park at the peak rate expected in the Sun Homes Development at maximum build out. At Belle Fair hydrant flow would be measured along with pressure in their system. Mr. McGlynn would like the above requested procedure submitted to him so that he could calculate the cost to the water company for conducting the testing. That cost would have to be paid to the water company. These items remain outstanding and must be addressed by the Applicant. 7. PUD Guidelines Although the Applicant has stated that no site modifications will be permitted and that such limitation will be stated in the Homeowner's Association documents, such limitation is not realistic over time. In the Village's experience, it is common for PUDs or the individual residents within a PUD to request permission for the construction of sheds, patios, decks, retaining walls, and other site modifications. -8- According to the Applicant's consultant, an additional 11,000 square feet of impervious surface coverage could be added to the site and accommodated by the proposed stormwater management system. The Board of Trustees should consider adopting a local law similar to that adopted for the Arbors PUD to define the process and review standards for any increase in impervious surface coverage, or include in any approval resolution appropriate conditions for establishing such parameters. 8. Reckson Phase 1 and Phase 2 As noted in the December 7, 2015 memorandum from Michael J. Izzo, Building and Fire Inspector, as well as the January 8, 2016 memorandum from F.P. Clark Associates, the PUD Site Plan is contingent upon certain revisions to the approved Reckson Phase 1 and Phase 2 Site Plans, subject to review by the Building Inspector, including the following: a. The Phase 1 and Phase 2 Site Plan shows International Drive with two traffic lanes in each direction. The PUD Site Plan shows the extension of International Drive (including the portion within Phase 1 and Phase 2) as containing only one traffic lane in each direction. Although the footprint for International Drive remains the same, the reconfiguration of the traffic lanes on Phase 1 and Phase 2 may require review and approval of an amended site plan for those parcels. b. According to the 12/7/15 memorandum from Mr. Izzo, two stone pillars located along King Street at the north end of the Phase 1/Phase 2 frontage must be relocated or removed to provide a minimum 20-foot clearance to serve as an unobstructed fire apparatus access road. Such revision may require an amendment to the approved Phase 1/Phase 1 site plan(s). C. Relocation of the existing trash enclosure and maintenance yard for Phase 1/Phase 2 may require an amendment of the approved Phase -9- 1/Phase 2 site plan(s). Such amenities are currently in the same location as the proposed interior emergency access road and AFFH units. The Planning Board recommends that any approval of the PUD Site Plan should be conditioned upon the submittal of an application for an Amended Site Plan for Reckson Phase 1 and Phase 2 to accommodate these and any additional overall site changes that are precipitated by the proposed PUD Site Plan. III. RECOMMENDATIONS Based on the foregoing, the Planning Board hereby recommends that the Board of Trustees approve the PUD Site Plan Application, including the requested floor area waiver, provided the following items are satisfactorily addressed by the Applicant: 1. Demonstrate that surrounding properties will not experience pressure or flow issues as a result of the added demand on the water system. The Planning Board recommends the pressure tests referenced in DRE's January 13, 2016 memorandum should be performed prior to any approval of the PUD Site Plan. 2. Prior to the issuance of a Building Permit, all outstanding comments of the Emergency Services Task Force in its December 7, 2016 memorandum shall be satisified. 3. Prior to the issuance of a Building Permit, submit a maintenance agreement for stormwater management facilities, including rain gardens and permeable pavers, for review of the Village Attorney as to form. Such agreement shall be recorded in the Westchester County Clerk's Office and proof of recording shall be submitted prior to the issuance of a Building Permit. -10- 4. Prior to the issuance of a Building Permit, the approved site plan(s) for Reckson Phase 1 and Phase 2 shall be modified as necessary to accommodate aspects of the PUD Site Plan, including fire access, changes to International Drive, and relocation of the existing trash enclosure and maintenance yard at the rear of the existing parking area. 5. Prior to the issuance of a Building Permit, the note on the Landscape Plan should be revised to state that where trees are removed from the buffer areas, additional trees shall be planted to eliminate gaps created in the existing vegetation resulting from the removal of dead, dying or diseased trees. 6. Introduce a proposed Local Law (similar to that established for the Arbors development) or establish conditions that define the procedural and substantive standards for subsequent increases in impervious surface coverage within the PUD Site Plan up to a maximum of 11,000 square feet of impervious surface coverage beyond that shown on the PUD Site Plan. Dated: Rye Brook, New York January 14, 2016 On motion by Amy Schoen, seconded by John Grzan, Mr. Michael Nowak, Superintendent of Public Works, called the roll: APPROVED AT THE JANUARY 14, 2016 MEETING OF THE RYE BROOK PLANNING BOARD BY A VOTE OF 6-1. ACCEPTING THE REPORT AND RECOMMENDATION: Ayes: GOODMAN, GRZAN, MORLINO, RICHMAN, SCHOEN, TARTAGLIA Nays: ACCURSO Abstain: Excused: -11-