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04 - Chapter 4 - Land Use & ZoningPlan Rye Brook  Chapter 4: Land Use and Zoning  31  4. LAND USE AND ZONING Rye Brook is predominantly a residential community consisting of a number of subdivisions containing both traditional detached single-family homes and townhomes. However, the village also has a diversity of land uses that makes it unique among comparable suburban communities, including large-scale office uses, hotels and private recreation and open space uses, along with a compact commercial node that serves residents of Rye Brook as well as Port Chester and surrounding areas. According to the U.S. Census Bureau, the village has a population density of approximately 2,723 persons per square mile, or 4.3 persons per acre. This is higher than the Town/Village of Harrison at 2.6 persons per acre and about even with the City of Rye at 4.2 persons per acre, but much lower than the Village of Port Chester at 19.4 persons per acre. 4.1 Land Use Patterns As indicated in Table 11 and Figure 4, single-family homes comprise the most significant land use in the village, representing nearly 37% of total land area and the majority of all residential use. Few condominiums, apartments or multifamily residences are found in Rye Brook, and, except for the Atria senior living development, are primarily in the southern portion of the village. The next largest land use in Rye Brook, at about 22% of total land area, is parks and open space. This reflects the robust network of Village-designated parks, the Town of Rye Crawford Park and the private golf clubs at Doral Arrowwood and the Blind Brook Club, as well as State lands associated with the Hutchinson River Parkway and homeowners’ association lands. Land area devoted to transportation, utility and road right-of-way represents nearly 22% of the village’s total land area, with almost half of that total comprised of the 208-acre portion of the Westchester County Airport located in Rye Brook. Commercial and office uses make up about 9% of total land area in the village, but very little area (less than 1%) is devoted to traditional commercial or retail use; rather, hotels (Rye Town Hilton and Doral Arrowwood) comprise most commercial land use. Offices are about 5% of total land area, mainly at Reckson Executive Park, 900 King Street and 760/800 Westchester Avenue. Rye Brook’s remaining land area has institutional (public or quasi-public) uses, at about 6%; vacant land, at about 3%; and mixed uses (commercial/residential), at less than 1%. Most institutional uses relate to the Village’s governmental facilities and the four schools located all or partially within its borders. As discussed later in this chapter, the village is largely built-out, with only a handful of vacant properties remaining, and much of that land is constrained by environmental factors. The small amount of mixed uses may be expected for a land-use pattern that does not include the traditional downtown area that is part of many other Westchester County villages. However, mixed-use development should generally be promoted in commercial nodes to create street activity and strengthen the viability of local businesses. Plan Rye Brook  Chapter 4: Land Use and Zoning  32  Table 11: Existing Land Use Land Use Acres Percent of Total Land Area Residential 842 37.9% Single-Family 791 35.6% 2-3 Family 40 1.8% Condominiums, Apartments and Multifamily 11 0.5% Commercial 203 9.1% General Commercial and Retail* 90 4.0% Office and Research 113 5.1% Mixed Use 0.23 0.01% Institutional and Public Assembly 129 5.8% Parks and Open Space 495 22.3% Dedicated Parks, Open Space and Stormwater Management Facilities 80 3.6% Private Recreation 211 9.5% Cemetery 19 0.9% Common Homeowners’ Association Lands 111 5.0% State Parkway Lands 74 3.3% Transportation/Utility/Road Rights-of-Way** 479 21.5% Vacant 75 3.4% TOTAL 2,223 100% Source: Westchester County Department of Planning, 2012 *Includes 68 acres of hotel use but does not include the golf course associated with the Doral hotel property **Includes the Westchester County Airport 4.2 Zoning Zoning powers are the primary control for development and redevelopment of land. Table 12, below, summarizes the basic zoning requirements for the Village, while Figure 5 depicts the various zoning districts found in Rye Brook, as adopted by the Village Board in 1999 and last amended in 2008. As indicated above, of the 10 residential districts, eight allow only single-family homes as the primary permitted use, with minimum lot sizes ranging from 5,000 square feet to 25,000 square feet. The R2-F district is primarily intended for single- and two-family residences, while the RA-1 district allows multifamily uses on minimum lots of 10 acres south of Westchester Avenue. VILLAGE OF RYE BROOK, NY PLAN RYE BROOK FIGURE 4: EXISTING LAND USE SOURCE: WESTCHSETER COUNTY DEPARTMENT OF PLANNING, 2012 N RIDG EST 29 BOWMANAVE HUT C HIN SO NR IVE RP KYS H UTC HINSONRIVE R PKYN SRID GE ST 30S V A LLEYTER WESTCHESTERAVE KINGST CRAWFORDST COUN TRY RIDGE DR HIGHST T AMARA C K R D LINCOLN AVE LA T O N IA R D AR BOR DR B E LLEFAI R R D BONWITRD OL D O R C HAR D R D W I N D S O R R D BETSYBROWNRD HOLLYLN HILL AN D AL ER D BELL E FAIR B LVD LOCHLN MOHEGAN LN TA L C O T T R D COMLYAVE AND ERSON HILLRD W I L T O NRD BOB BI ELN CROS S W E STCH ESTEREXPY FAIRLAWN PKY PA D D O C K R D PI N ER I D GE R D RID GE ST BIRCH L N BR O O K L N LON GL EDGE D R ARGYLERD ELMHILLDR JEA N LN BERKLEYDR MEADOWLARKRD HA WTH O RNE AVE H ILLC R E S T AV E RED ROOF DR ROCKINGHORSETRL CH U RC H ILL R D IRENHYLAVE WYMANST NEUTONAVE O LD OA K R D ROCKRID G E D R RIDGE B LVD MA GN OL I A D R SUNSETRD JENNIFER L N B E A CONL N LAWRIDGEDR WINDINGWOODRDN W OOD LAND DR BOXWOOD PL MARK D R ACKERDR BELLPL WOO DLA ND AVE P H Y LL IS PL MAYWOODAVE WINDINGWOODRD S E A G L E S B L F DORCH ESTER D R REUNIONR D MAPLECT DORAL G R E E N S D R W DIVISI O N S T WINTHROPDR EDGE W OOD DR DIXONST BEECHW O O DBLVD FRANKLINST ORI OLEPL HIDD EN P O ND D R SLEE PYHOLLO WRD CARLTONLN LE E LN CAND Y L N WHIPP OOR WI LL R D AVONCIR KNOLL WO O D DRHUNTERDR CH ARL ES LN GREENWAY LN MILESTONERD ROAN OK E A V E ARLINGTONPL T E R R A C E C TKENDOLINLN INTERNATIONAL D R W E S T VIE W A V E COLLEGEAVE WRIDGEDR RY E R ID G E PLZ ELLENDALEAVE B A R B E R PL BROOKRIDGECT WWILLIAMST DEERRUN PARK W OODP L BISHOPDRS IVYHILLLN C O U N T R Y RI D G E CIR CROSSWAY LITTLEKINGSLN B E R KLEY LN RT-120A BROOK SIDEWA Y 27S PARADELN BAYBERRYLN PINE TR EED R CRESCENTPL O S B O R N E PL TR E E T OP L N BISHOPDRN JAMESWAY JACQUELINELN BOLTON PL WILTONCIR 29 CROSSWESTCHESTEREXPY KIN G S T LIN C O L N AV E KI N G S T 28 L I N C O L N A V E 10 NMA IN S T 27 P U R C H A S E S T ANDERSON H I L L RD POLLY PARK R D CR O S S W E S T C HE S T E R E XP Y S R E G E N T ST NREG ENT ST PUTNAMAVE RT -12 0 HUTC H I N S ON R IVE R P K Y S WESTCHESTERAVE INDIAN RD KEN I L W O R T H R D W E B B A V E SPE A R L S T BOS TON PO ST R D R IDG EST HALSTEADAVE RT -12 0A SMA IN S T MID L A NDAV E MILLST W G L E N A V E US - 1 H A I N E S B L V D ADEEST P U R C H A S E S T 10 28 WEST CHES T E R A V E KI N G S T K I N G S T 27 WESTCHESTERAVE Port Chester C O N N E C T I C U T 00.510.25 Miles μB Y R A M R I V E R HARRISON Legend Single Family Residential TwoandThreeFamilyandMulti-StructureProperties Condominiums, Aprtments and Multi-Family Residences Common Land Homeowners Association Lands. Vacant Properties and Vacant Land with Improvements Commercial and Retail Office and Research, including Campus Office Parks Mixed Use Institutional and Public Assembly Transportation Right-of-Ways and Utilities Cemeteries Village Parks and Open Space Private Golf Courses and Recreation State Parkway Lands Westchester County Airport Blind Brook Country Club Blind Brook School Rich Manor Park Crawford Park HUTC H I N S O N RIVER PAR KW A Y Port Chester Middle School St. Mary's Cemetery Port Chester High School T O W N O F G R E E N W I C H VILLAGE OF RYE BROOK, NY PLAN RYE BROOK FIGURE 5: EXISTING ZONING SOURCE: WESTCHESTER COUNTY DEPARTMENT OF PLANNING KI N G S T 28 L I N C O L N A V E 1 0 N MA IN S T 27 P U R C H A S E S T ANDERSON HILL RD POLLY PARK RD C R O S S W E S T C H E S T E R EX P Y S RE G E N T S T N R E GEN T ST PUTNAM AVE RT-12 0 HUTC H I N S O N R I V E R P K Y S WESTCHESTER AVE INDIAN RD KEN I L W O R T H R D WEB B A V E S PE A RL ST BOSTON P O S T R D RID G E ST H A LS TEAD AVE RT-1 2 0 A S M A IN S T MIDL AND AV E MILL ST RIDGE BLVD W G L E N A V E 1 -S U ADEE ST P U R C H A S E S T WESTCHES T ER AVE CROSS WESTCHESTER EXPY 28 K I N G S T 27 C R O S S W E S T C H E S T E R E X P Y WESTCHESTE R A V E K I N G S T 10 N R ID GE S T 29 BOWMAN AVE HU TCHIN SO N RIV E R PK Y S HUTCHINSON RI VER PKY N S RID GE ST 30S RET YELLAV WESTCHESTER AVE KING S T CRAWFORD ST C OUNTRY RIDGE DR HIGH ST T AMARAC K R D LINCOLN AVE LAT ON I A RD ARB OR D R BELL E F AI R RD BONWIT RD OL D O R C H A R D R D DR ROSDNIW BETSY BROWN RD HOLLY LN HI L LA N DALE RD BE L L E F AI R BL V D LOCH LN MOHEGAN LN TALC O T T R D COMLY AVE ANDERSON HILL RD D R N O TLIW BOBBI E LN CR OSS WES TC HES TE R EX P Y FAIRLAWN PKY P A D D O C K R D PI NE RI D GE R D BIRCH LN B R O O K L N LONG LEDG E D R ARGYLE RD ELM HILL DR J E A N LN BERKLEY DR MEADOWLARK RD HA W TH O R N E A VE E V A TSERCLLIH RED ROOF DR ROCK I N G HORSE TRL C H U R C HILL R D IRENHYL AVE WYMAN ST NEUTON AVE DR K A O D L O R D EGDIR KCOR RIDGE BLVD M A G N O LIA DR SUNSET RD JENNIFER LN BEAC O N LN LAWRIDGE DR WINDINGWOOD RD N WOODLAND DR BOX W OOD PL MARK DR ACKER DR BELL PL WOO DLAND AVE PHY LLIS PL MAYWOOD AVE WINDINGWOOD RD S EA G LES B L F DORCHESTER DR REU N I ON RD MAPL E CT D O R A L G RE EN S D R W DIVISIO N S T WINTHROP DR EDGE W OOD DR DIXON ST BEECHWOOD BLVD FRANKLIN ST ORIOLE PL HI DD E N PO N D DR SLEEP Y HOLLOW RD CARLTON LN L E E LN C A N D Y LN WHIPPOORWI LL RD AVON CIR K NOLLWOO D DR HUNTER DR CH ARLES LN GREE N WAY LN MI L EST ONE RD R O A N O K E A V E ARLINGTON PL TERR ACE C TKENDOLIN LN INTERNATIONAL DR W E S T VIE W A V E COLLEGE AVE W RIDGE DR R Y E R I D G E P L Z ELLENDALE AVE B A R B E R P L BROOKRIDGE CT W WILLIAM ST DEER RUN PARKWOOD P L BISHOP DR S IVY HILL LN R IC E G D I R Y R T N U O C CROSSWAY LITTLE KINGS LN B E R KLEY LN RT-120A BROO KSIDE WAY 27S PARADE LN BAYBE RRY L N P IN E T REE DR CRESCENT PL OS B O RNE P L TREE TOP LN BISHOP DR N JAMES WAY JACQUELINE LN BOLT O N PL WILTON CIR LINC OLN AVE KIN G S T 29 R-15 OB-1 R-12 R-20 R2-F P.U.D. R-25 R-10 P.U.D. R-7 OB-1 R-10 OB-2 R-15 R-20 H-1 P.U.D. R-20 R-10 C1-P RA-1 R-5 H-1 R-15A OB-1 OB-3 C1 C1 R-20 OB-S OB-S R-7 Port Chester C O N N E C T I C U T 00.510.25 Miles μB Y R A M R I V E R HARRISON Westchester County Airport Blind Brook Country Club Rich Manor Park Crawford Park HUTCH INSON RIVER PA RKW A Y Port Chester Middle School St. Mary's Cemetery T O W N O F G R E E N W I C H R-25 R-20R-15/15A R-12R-10 R-7R-5 R-2FR-A1 P.U.D. OB-1OB-2 OB-3OB-S C1-P C1H-1 One-Family Res. 25,000 sq ft min. lot One-Family Res. 20,000 sq ft min. lotOne-Family Res. 15,000 sq ft min. lot One-Family Res. 12,500 sq ft min. lotOne-Family Res. 10,000 sq ft min. lot One-Family Res. 7,500 sq ft min. lotOne-Family Res. 5,000 sq ft min. lot Two-Family Res. 5,000 sq ft min. lotRestricted Multi-Family, 10 acre min. Planned Unit Development, 30 acre min Campus Office, 15 acre min.RetailOffice Building, 5 acre min. Office Building, 5 acre min.Office Building & Business Dist, 3 acre min. Planned Neighborhood Retail, 1 acre min. Neighborhood Retail, 13,000 sq ft min.Hotel, 12 acre minimum Airport Overlay Zones and Scenic Road Overlay Districtnot shown. Plan Rye Brook  Chapter 4: Land Use and Zoning  35  Table 12: Summary of Existing Zoning Zone Principal Permitted Use Min. Lot Size Yard Setbacks Floor Area Ratio* Max. Height Front Side Rear R-25 1-family 25,000 sf 45 ft 15 ft least side 40 total 40 ft None 30 ft, 2 stories R-20 1-family 20,000 sf 40 ft 15 ft least side 40 total 40 ft None 30 ft, 2 stories R-15 1-family 15,000 sf 40 ft 15 ft least side 40 total 40 ft None 30 ft, 2 stories R-15A 1-f-family 15,000 sf 30 ft 10 ft least side 20 total 65 ft None 30 ft, 2 stories R-12 1-family 12,500 sf 35 ft 15 ft least side 40 total 35 ft None 30 ft, 2 stories R-10 1-family 10,000 sf 30 ft 10 ft least side 25 total 30 ft None 30 ft, 2 stories R-7 1-family 7,500 sf 25 ft 8 ft least side 20 total 20 ft None 30 ft, 2 stories R-5 1-family 5,000 sf 20 ft 6 ft least side 16 total 30 ft None 30 ft, 2 stories R2-F 1- and 2-family and nurseries, offices by special permit 5,000 sf 20 ft 6 ft least side 16 total 30 ft None 30 ft, 2 stories RA-1 1-, 2- and multifamily, nurseries, offices by special permit 10 ac, 2,000 sf per family 75 ft 100 ft if <30 ac., 200 ft if >30 ac. 100 ft if <30 ac., 200 ft if >30 ac. None 30 ft, 2 stories OB-1 Offices, banks, 1-family and light industrial by special permit 15 ac. 100 ft if <30 ac., 200 ft if >30 ac. 100 ft if <30 ac., 200 ft if >30 ac. 100 ft if <30 ac., 200 ft if >30 ac. 0.25 if <30 ac. 0.30 if >30 ac. 35 ft if <30 ac., 50 feet if >30 ac. OB-2 Offices, 1-family 5 ac. None None None None None OB-3 Offices and 1-family by special permit 5 ac. 100 ft 60 ft least side 120 total 100 ft None 50 ft OB-S Offices, light technical uses and 1-family, retail, restaurants, bowling alleys by special permit 3 ac. 60 ft 50 ft least side 100 total 50 ft 0.35 20 ft, 1 story C1-P 1-family, retail, restaurants, offices and theaters by special permit 1 ac. 75 ft None 30 ft 0.4 30 ft, 2 stories C1 1-family, retail, restaurants, offices, and gas stations, auto sales/service by special permit 13,000 sf 30 ft None 30 ft 1.0 30 ft, 2 stories H-1 Hotels, 1-family or multifamily 12 ac. 175 ft 175 ft 175 ft 25% 40 ft, 4 stories Source: Village of Rye Brook Zoning Code *Residential zoning districts have maximum gross floor area requirements subject to individual formulas for each district. Plan Rye Brook  Chapter 4: Land Use and Zoning  36  The four office zones allow for a range of minimum lot, bulk and coverage requirements, at a variety of densities, ranging from the low-density campus development encouraged in the OB-1 district north of Anderson Hill Road, to the smaller-scale office/retail uses promoted in the OB-S district south of Westchester Avenue. Rye Brook has three commercial zones. The C1-P Planned Neighborhood Retail district, generally located at the intersection of Westchester and Bowman Avenues, encourages small-scale traditional retail uses, while the adjacent C1 district allows for vehicular-focused uses such as gas stations and auto sales/service facilities. The H-1 Hotel zone corresponds to the village’s two existing hotels, but also allows both single- and multifamily uses subject to certain conditions; recently, a senior housing complex was discussed for the Rye Town Hilton. In addition, the Village has four zones intended to promote specific development goals:  The Planned Unit Development (PUD) district is meant to facilitate mixed-density residential, commercial and institutional uses that are planned so as to conserve natural resources and that have greater potential community benefit than the underlying zoning would otherwise provide. Flexibility as to design and the mix of uses is conferred to the Village Board, but the district can only be mapped on sites of at least 30 acres that are located north of the Hutchinson River Parkway with frontage on a State, County or major Village road. The PUD district has been mapped in two locations: the Doral Greens/Arrowwood development and the office complex at 900 King Street and Arbors development.  Areas in Rye Brook that are within 2 miles of the Westchester County Airport are designated in four separate Airport Overlay Zones for the purposes of limiting heights of buildings and other uses and giving both the Village and Westchester County additional development review to ensure the safety of airport operations.  To preserve certain historic and natural resources and important views, the Village designated a number of specific areas in 2004 as a Scenic Road Overlay District. This district, which requires additional front yard setbacks and vegetative buffers, was recently adjusted to allow some minor applications to be handled by the Building Department rather than the Planning Board. All or part of the following roads, and properties abutting them, are included in this overlay district: o King Street o Anderson Hill Road o North Ridge Street o Lincoln Avenue o Westchester Avenue o Bowman Avenue  In 2011, Rye Brook established the Fair and Affordable Housing District to apply to particular parcels based either on a Village Board motion or on an applicant’s petition. This district provides flexibility in land-use regulation, a streamlined permitting process and other incentives to promote the development of fair and affordable housing that will Plan Rye Brook  Chapter 4: Land Use and Zoning  37  remain affordable for at least 50 years. Since its creation, the FAH district has been successful in approving two affordable housing developments in the southern part of the village, and sketch plan review has been held on a property on North Ridge Street. Finally, Rye Brook has one subdivision, Talcott Woods, which was developed under Section 219.34 of the Village’s subdivision regulations, which allows for modification of applicable zoning standards to create conservation subdivisions. 4.3 Build-Out Analysis As part of its Planning Base Studies project, the Westchester County Department of Planning conducted a build-out analysis of Rye Brook to determine the amount of developable land remaining in the village. The two-phase analysis first assessed the development that can be reasonably assumed on vacant land, based on current zoning and environmental constraints. Next, the analysis identified any areas of previously developed land that is not fully utilized and could thus accommodate additional development. This underutilized land consists of residentially zoned parcels that are at least three times larger than the required minimum lot size, and non- residential sites on which existing development is 50% or less than what is allowable based on maximum floor area ratio (FAR) requirements. It is important to recognize that future development in the village is based on a variety of factors, including the availability of land and the local and regional economy. The theoretical build-out analysis is a potential saturation point scenario which assumes that all undeveloped or underutilized land is developed according to the underlying zoning. This information is a guide and does not suggest actual building levels for the immediate future. Remaining land tends to be less desirable in terms of ease and cost of development because of factors such as environmental constraints, multiple owners, varying estate issues and a lack of land actually for sale. Nonetheless, a build-out analysis is helpful for municipalities to understand the development that is possible under their current zoning, and to identify potential areas for review and adjustment based on that development. The result of the Rye Brook build-out analysis, shown on Figure 6, indicates that the vast majority of development potential in the village is for single-family homes on the Blind Brook Country Club property, based on its existing R-20 zoning, with other single- family development potential scattered throughout the village. Infill commercial development is possible primarily along portions of Westchester and Bowman Avenues and South Ridge Street. Based on the analysis, the Westchester County Department of Planning calculated that, at full build-out, Rye Brook would see an additional 271 dwelling units, leading to an additional population of 732 people, as well as an added 238,304 square feet of commercial space. This would represent growth of nearly 8% from the village’s 2012 population of 9,450 people, and commercial growth in square feet of approximately 12%. VILLAGE OF RYE BROOK, NY PLAN RYE BROOK FIGURE 6: BUILD-OUT ANALYSIS SOURCE: WESTCHESTER COUNTY DEPARTMENT OF PLANNING 0 0.35 0.70.175 Miles l ll l l j jj j jjjj ?l l j l j jj ? ? j j jj j ?j jj j jjj jj ? jjjjj jj j jj jj jjjjj jj j ?j j jjj j j j jj j j j j j j j j j j j jj j jj j j j j jj jj j j jj j j j j j j j j j j j j j j j j j j j j j j j j jj j j jj j j j j j j j j j j jj j j j j j j jj j j j j j j j j j j j j j j j j j j j j j j j j j jj j jj j j j j j j j j j jj jj j jjj j j j j j j j j jj j jj j j j jjj j j j j j j j j j j j j j j j j j j j j j j j j j jj j j j j j j j j j j j j j jj j j j j j j j j j j j j j j j j j j j j 00.510.25 Miles Legend Buildable Vacant Parcels* Buildable Undeveloped Parcels** j Potential New Single Family Dwelling Units ?Potential New Two Family Dwelling Units l Potential Non-Residential Developement Existing Buildings μ *Vacant buildable parcels are those that meet minimum lot standards per exisƟng zoning regulaƟons **Underdeveloped buildable parcels are those that are greater than three Ɵmes the minimum lot size for residenƟal zones. Non-residenƟally zoned buildable parcels are those in which exisƟng built square footage is less than 50% of what is permiƩed under zoning. ***PotenƟal populaƟon increase was calculated by mulƟplying the potenƟal new dwelling units Įgure from the parcel based buildout model by the Village of Rye Brook’s Average Household Size of 2.7 (Census 2000). Buildable Vacant Parcels* 18 Buildable Underdeveloped Parcels** 50 Total Buildable Parcels 72 Buildable Parcel Area (acres) 295 PotenƟal New Dwelling Units 271 PotenƟal PopulaƟon Increase*** 731 PotenƟal Non-ResidenƟal Sq. Ft. 238,304 Plan Rye Brook  Chapter 4: Land Use and Zoning  39  4.4 Issues and Opportunities Based on the above discussion of existing land use and zoning regulations, this section recommends several items to be addressed in the Future Land Use Plan or through further study. It should be noted that the following recommendations are not intended to address any development application currently under review by the Village Board, but are meant to highlight general concepts that the Village may consider to control future development. Use available land-use tools to protect parks and open spaces Rye Brook’s robust network of open spaces is one of its most valuable assets and strongly contributes to its positive image and quality of life. Therefore, all available tools should be fully explored to ensure that these spaces are preserved and enhanced. One of the village’s most significant open space assets is the Blind Brook Country Club, which, although private, acts to preserve a significant land area. In addition, as shown in Chapter 5, the property contains environmental features such as wetland areas, water resources including the Blind Brook itself, and a small area of steep slopes. However, as discussed above, the site represents the most substantial development potential in Rye Brook, forming the majority of the approximately 270 additional dwelling units that are possible under current zoning. For these reasons it may be appropriate to consider available zoning tools to preserve the property in its present use. One option to consider is the approach taken by the Town of Mamaroneck, which pioneered the concept of recreational zoning. There, the New York State Court of Appeals upheld the Town’s rezoning of the Bonnie Briar Country Club from residential to a recreation/open space zone a number of years ago. Essentially, the court found that a golf club could be zoned to represent the use to which the club was utilized, i.e. golf or recreation. In other words, it did not have to be zoned a residential zone indicating some potential development use of the property. This represents one option for the Village to consider. Similarly, designated parks within the village – including the Town-owned Crawford Park – are zoned for residential use. Rye Brook should consider amending this zoning to an open space/recreation zone to better reflect the existing land use and the desire to preserve the parks in perpetuity. If the Village prefers to indicate some development option for Blind Brook Country Club, then it has another example within its current regulations, the R-25 zone, which is Rye Brook’s lowest- density residential zoning district. This zone allows for one single-family home per 25,000 square feet of land area, compared with the current zoning of R-20, which allows one single-family home per 20,000 square feet of land area. A rezoning to R-25 would result in about 25% fewer potential homes on the property, to protect its environmental and open space character. To further reduce potential development density, the Village could mandate that any residential subdivision of the property use an open space, or cluster, development. In New York State, a cluster subdivision means that an applicant and a Planning Board must determine the lot count of Plan Rye Brook  Chapter 4: Land Use and Zoning  40  a standard subdivision. The Planning Board may reduce the lot sizes that are required as long as the total number of lots that are allowed in the standard subdivision are not exceeded in the cluster subdivision. In the Blind Brook Country Club case, the Village could use the R-25 zoning as a starting point to determine the total lot count. Then, it could preserve even more land as open space by using the allowable density of the R-15 zone just to the south of the site. The R-15 zone allows for one single-family home per 15,000 square feet of land area. Thus, a cluster subdivision could have the same lot sizes as the adjacent neighborhood, but result in 40% more open space preservation (based on 15,000-square-foot lots instead of 25,000-square-foot lots) of the Blind Brook County Club. A third option is a hybrid of the open space zoning and residential zoning alternatives, in which the Village would designate a portion of the Blind Brook Country Club property for open space/recreational use, leaving the remainder of the site either in its present R-20 zoning, as the more restrictive R-25 zoning or as a newly created lower-density R-30 zone. This would require determining which portion of the site is most appropriate for open space designation, and which for residential use. In this regard, the Doral Greens/Arrowwood complex across Anderson Hill Road could provide an example. There, a residential component is clustered along the King Street portion of the property, with the golf course use located at the western end. At the Blind Brook Country Club, the area around the existing clubhouse and King Street side could be retained in a residential zone, while a portion of the remainder of the property to the west could be rezoned for open space/recreational use. Based on the input from the Comprehensive Plan Advisory Committee and feedback from the public, this Plan recommends that the Village pursue either the open space/recreational zoning option or the residential zoning alternative (R-30), with any subdivision of the property required to use a cluster development. Explore alternatives to address issues in Rye Brook’s commercial center Chapter 11 of this plan focuses on the commercial center of Rye Brook, generally concentrated around the intersections of Ridge Street with Westchester and Bowman Avenues, and discusses various issues and opportunities with this area. To strengthen this important village asset while maintaining its character, Rye Brook should consider some targeted zoning options. For example, the OB-S zone currently mapped at 90 Ridge Street and the Washington Park Plaza shopping center functions to support single-story buildings with large footprints and significant areas of surface parking. This type of development is not only inconsistent with modern office standards, but it fails to promote strong aesthetic design and best practices for stormwater management. Because it appears that the existing development in both OB-S zones could be accommodated in the C1-P district, the Village should consider abolishing the OB-S zone to facilitate a desired scale of downtown development, should either of these two properties be redeveloped in the future. In addition, both the C1-P and C1 zones suffer from excessive front-yard setbacks that result in buildings being set far back from the street, with surface parking located in front. This contributes Plan Rye Brook  Chapter 4: Land Use and Zoning  41  to an auto-centric environment, rather than one of active, pedestrian-oriented street frontages. Thus, the front-yard setback for both districts should be significantly decreased – perhaps to as low as 10 feet to allow for landscaping in front of buildings. Rear yards could be retained at 30 feet, or possibly increased to encourage parking behind buildings and allow for the creation of buffers along rear property lines, especially where they abut residential zones. The Village should also consider allowing multifamily residential uses by special permit in the C1 and C1-P zones, subject to a set of clearly defined criteria, including co-location with commercial and/or office uses, limits on residential uses to upper floors and frontage on Westchester Avenue, Bowman Avenue or South Ridge Street. New residential uses in the commercial area should be limited to studios and one-bedrooms in order to minimize potential impacts on the Port Chester school district. In order to most effectively promote “downtown” mixed-use development, the Village would need to adjust the height, and possibly the FAR requirements, for the two commercial zones. In general, for mixed-use buildings to work economically, they should be 3 to 4 stories high, with 2-3 stories of residential or office use over retail. Alternatively, the Village could eliminate the height and FAR requirements altogether, and give the Village Board flexibility to determine the appropriate requirements, taking into account the individual circumstances of each proposed development. Another issue in the commercial center area is that many formerly residential uses along Westchester and Bowman Avenues, within the R2F Two-Family Residential zone, have now been converted into offices within the existing structures. This is a positive trend to preserve the traditional scale of these corridors while converting to a more economically and appropriate use. However, elsewhere in the R2-F zone, offices are only allowed if they are accessory home offices, which requires the owner to live within the structure. The Village should consider allowing offices as principal uses throughout the R2-F zone, subject to a special permit from the Village Board to ensure that the use is appropriate to the site and does not substantially change the exterior of the building. This is a “form-based” approach that focuses on the building’s contribution to community character. Such a change would provide greater flexibility for former residential uses along South Ridge Street to be converted to office use, which would be consistent with the surrounding context. An important option that the Village should explore, in tandem with the above suggested zoning modifications, is to create an overlay zone to encompass the existing C1, C1-P and OB-S zones, and the OB-2-zoned parcel located on Bowman Avenue between Port Chester Middle School and the 90 Ridge Street complex, as well as all R2-F-zoned parcels fronting South Ridge Street. The intent of this overlay zone would be to promote mixed-use development that generates significant pedestrian activity, establishes a “downtown” sense of place and achieves efficient and attractive site design through the reduction in surface parking allowable with complementary uses. The use, area and bulk standards for this overlay zone could be flexible and subject to the Village Board’s determination, but any development in this overlay zone could be subject to conformance with a set of design guidelines. These guidelines would be established for the purpose of maintaining architectural character to proposed exterior building alterations or in the case of tear-downs or Plan Rye Brook  Chapter 4: Land Use and Zoning  42  new construction. This overlay structure would provide the incentive of zoning flexibility, while ensuring that site plans meet established design principles and guidelines. Finally, the gas station property at the intersection of Ridge Street and Bowman Avenue represents an underutilized site that has the potential to activate the commercial center and present a more positive image. Therefore, the Village should consider acquiring a right of first offer to this property in the event that it changes ownership. The site is ideal for use as a pocket park (with benches, flagpole, community board, sculpture, etc.) at the corner of this visible intersection itself, with the Division Street portion potentially accommodating a mix of uses (residential/office over retail). Future access to this site is preferred from Division Street, or if a secondary access point is needed, as far as possible from the Ridge Street intersection. 4.5 Land Use and Zoning Recommendations  Create either a new Open Space/Recreation zone for the Blind Brook Country Club property, or zone R-30 and mandate cluster development. Include the Village- and Town- designated parks in the Open Space/Recreation zone, to preserve these significant open space assets.  Review the C1 and C1-P zones to address excessive front yard setbacks and provide sufficient buffering from adjacent residential uses, and look at increasing height and floor area ratio (FAR) maximums to accommodate 3-4 story mixed-use development (residential over commercial).  Explore allowing multifamily uses in the C1 and C1-P zones by special permit, subject to the following criteria: o Co-location with commercial/office uses o Residential uses limited to upper floors in buildings fronting Westchester Avenue, Bowman Avenue or South Ridge Street o New residential uses limited to studios and one-bedrooms  Throughout the R2-F two-family residential zone, look at allowing offices as principal uses rather than accessory home offices, subject to a special permit, to encourage viable uses while preserving the residential character of existing buildings.  Explore creating a Village Center overlay zone – encompassing the existing C1, C1-P and OB-S zones, the OB-2-zoned parcel on Bowman Avenue east of Port Chester Middle School, as well as R2-F-zoned parcels along South Ridge Street, Westchester Avenue and Bowman Avenue – to promote mixed use, “downtown” development. Such a zone could provide for more flexible use, area and bulk standards or zoning incentives, but require new development to conform to a set of advisory design guidelines.  Pursue right of first offer for the gas station property at Ridge Street/Bowman Avenue for potential use as mixed-use development and/or public space.