Land Use, Zoning, and Public Policy A. INTRODUCTION

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1 Chapter 2: Land Use, Zoning, and Public Policy A. INTRODUCTION This Chapter describes the existing land uses and zoning conditions for the Project Site, the Primary Study Area, and the Secondary Impact Area. Relevant public policy and planning documents of the City of White Plains and Westchester County are also described. The Chapter contains an assessment of the potential impacts of the Proposed Project, including an evaluation of the compatibility of the Proposed Project with surrounding land use patterns and trends, the consistency of the Proposed Project with applicable zoning regulations, and the compatibility of the Proposed Project with the City of White Plains Comprehensive Plan and other planning documents. As the analyses contained in this Chapter conclude, it is the Applicant s belief that there are no significant adverse impacts to land use, zoning, or public policy. The Proposed Project is a permitted use within the R1-30 Zoning District subject to a special permit. The Proposed Project is consistent with existing land uses on the Project Site and in the surrounding area, as well as with the public policy documents of the City and County. The Proposed Project would have no greater impact on land use, zoning, or public policy than a public school, which is a permitted use in the R1-30 Zoning District. With respect to uses permitted by special permit, the Zoning Ordinance states: Special permit uses for which conformance to additional requirements is mandated by this Ordinance (see Sections 5.1 and 5.2) shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the conditions and standards set forth in this section in addition to all other requirements of this Ordinance. All such uses are declared to possess characteristics of such unique and special form that each specific use must be considered as an individual case. (Zoning Ordinance 6.1) As stated in more detail below, it is the Applicant s belief that there is also well settled law that the inclusion of a permitted or special use in a zoning code is tantamount to a legislative finding that the permitted use is in harmony with the general zoning plan and will not adversely affect the neighborhood. STUDY AREAS As defined by the Scope, the Primary Impact Area is defined as those areas within 500 feet of the Project Site. The Secondary Impact Area is defined as all properties that front on Ridgeway between Old Mamaroneck Road and North Street, along Mamaroneck Avenue from Bryant Avenue to the Hutchinson River Parkway, along North Street from Bryant Avenue to the Hutchinson River Parkway, and along Bryant Avenue from Mamaroneck Avenue to North Street. These areas are shown in Figure /06/12

2 French-American School of New York B. LAND USE EXISTING CONDITIONS PROJECT SITE The Project Site is an existing golf course (the former Ridgeway Country Club (RCC)) at 400 Ridgeway in the City of White Plains, Westchester County, New York. The Project Site is approximately acres, divided into four (4) separate tax parcels, as shown on Figure 1-1. The Project Site contains an 18-hole golf course, 10 tennis courts, a swimming pool, a Clubhouse and Annex building, and parking for approximately 180 vehicles. The Project Site is bound by Ridgeway to the south, North Street to the east, Bryant Avenue to the north, and private residences to the west. The Property is within the neighborhood known as Gedney Farms, with single- and multi-family homes bordering the golf course. Properties that abut the Project Site include Burke Rehabilitation Hospital, Bryant Gardens cooperative apartments, the YWCA, Ridgeway Garden Center, and private residences. The Westchester Hills Golf Club is immediately across Ridgeway from the former RCC Clubhouse. PRIMARY IMPACT AREA There is a mix of residential, institutional, commercial, and recreational land uses within the Primary Impact Area (see Figure 2-2). Most of the properties within the Primary Impact Area are single-family detached residential but the Bryant Gardens apartment complex (409 housing units in 15 buildings), which abuts Parcel C, is multi-family and Wyndham Close on the north side of Bryant Avenue is attached single-family residences. New York-Presbyterian Hospital, Burke Rehabilitation Hospital, Bryant Estates (a New York State residential facility for the developmentally disabled), the YWCA, White Plains High School, and several houses of worship are all institutional uses located in the Primary Impact Area. The Ridgeway Garden Center is a commercial nursery located on Ridgeway. A portion of this nursery penetrates into Parcel D. Westchester Hills Golf Club is a golf or country club use (as defined by the Zoning Ordinance 2.4) directly across Ridgeway from the Project Site. SECONDARY IMPACT AREA Mamaroneck Avenue Land uses within the Secondary Impact Area are more varied than land uses in the Primary Impact Area as Mamaroneck Avenue contains both residential and commercial zoning districts (see Figure 2-2). At the intersection of Mamaroneck Avenue and Bryant Avenue is a small commercial shopping area across from the undeveloped southwest corner of the New York-Presbyterian Hospital and the City s nine-acre Bryant/Mamaroneck Park. Commercial uses in this area include a gas station, dry cleaner, and several smaller stores, as well as a City of White Plains municipal parking garage. Land uses to the east of Mamaroneck Avenue between Bryant Avenue and Ridgeway are a mix of single-family, multi-family, and institutional uses. Just over half of this area is occupied by the single-family homes within the Gedney Farms neighborhood. Bryant Gardens apartment complex occupies approximately 26 acres. Burke Rehabilitation Hospital occupies approximately 58.3 acres of land accessed off Heatherbloom Road. The Franciscan Capuchian 08/06/12 2-2

3 N ANT BRY UE N AVE NO RTH E STR ET AY LANE HATHAW MA MA DG RI UE N AVE EW AY CK NE RO Project Site Primary Impact Area Secondary Impact Area 0 1/4 1/2 MILE SCALE Project Site and Impact Areas French-American School of New York Figure 2-1

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5 BLOOMINGDALE RD. HATHAWAY LN NORTH ST. BRYANT AVE. RIDGEWAY NORTH ST. SOUNDVIEW AVE. OLD MAMARONECK RD. Project Site Primary Impact Area Secondary Impact Area Single Family ( du/ac) Single Family ( du/ac) HILLAIR CIR. MAMARONECK AVE. ROSEDALE AVE. HUTCHINSON RIVER PARKWAY Single Family ( du/ac) Single Family ( du/ac) Single and Two Family (up to 10.9 du/ac) Multi-Family (up to 17.4 du/ac) Multi-Family (up to 29 du/ac) Multi-Family (up to 43 du/ac-none shown) Agricultural Nature Preserves Feet ,000 Multi-Family (up to du/ac) Public Parks, Parkway Lands Commercial-Retail Private Recreation Institutional /Public Cemeteries Office and Research Transportation Mixed Use Vacant/Undeveloped SOURCE: City of White Plains Land Use Map FEET SCALE French-American School of New York Land Use Figure 2-2

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7 Chapter 2: Land Use, Zoning, and Public Policy Friars (a religious order) occupies an older residential structure at the intersection of Gedney Park Drive and Gedney Esplanade. Land uses to the west of Mamaroneck Avenue between Bryant Avenue and Gedney Way are single-family residential with the exception of the dry cleaner on the southwest corner of Mamaroneck Avenue and Bryant Avenue. South of Gedney Way is the City s Leslie B. Gillie Park, which contains tennis courts, baseball fields, a playground, as well as the Department of Recreation and Parks office. Immediately south of the park is a commercial nursery, two private schools (Our Lady of Sorrows and Stepinac High School), several religious uses, and a singlefamily attached conservation development at the corner of Mamaroneck Avenue and Ridgeway. On the southwest corner of Mamaroneck Avenue and Ridgeway is the Ridgeway School, a public elementary school. Land uses on both the east and west sides of Mamaroneck Avenue from Ridgeway to West Street are single-family homes. The City of White Plains owns open space (landscaped lawns and open buffer areas) on the east side of Mamaroneck Avenue that buffer the neighborhoods from the traffic on Mamaroneck Avenue. The Women s Club of White Plains is a private membership club located on Ridgeway east of the intersection of Mamaroneck Avenue. South of West Street, as Mamaroneck Avenue bends slightly southwest, land uses along Mamaroneck become more varied. A commercial nursery/garden center occupies several parcels along the west side of Mamaroneck Avenue. Single-family homes occupy smaller parcels on the east side. At the intersection of Mamaroneck Avenue and Rosedale Avenue there are a number of commercial structures (including one vacant commercial building) including two gas stations, a bank, medical office buildings, and another commercial nursery/garden center. South of the commercial land uses at the intersection of Rosedale Avenue are two larger office buildings, a church, a veterinarian, a NYSDOT maintenance facility, and the Westchester County Saxon Woods Park. Land at the southern end of the Secondary Impact Area along Mamaroneck Avenue is generally undeveloped parkland associated with the Hutchinson River Parkway. There is a commercial riding stable and one commercial office building at the intersection of Mamaroneck Avenue and Union Avenue at the southern-most end of the Secondary Impact Area. North Street North Street within the Secondary Impact Area is a variety of residential, institutional, and recreational uses (see Figure 2-2). At the northern end of the corridor near Bryant Avenue are several religious uses, including Trinity Lutheran Church, First Baptist Church, and the Church of Christ. White Plains High School is just south of Bryant Avenue on the east side of North Street and the YWCA is across the street on the west side. The Project Site occupies a small amount of frontage on North Street just opposite the main entrance to the High School. At the intersection of North Street and Ridgeway are several religious uses as well as the City of White Plains Fire Station No. 7. The areas to the east and west of North Street south of Ridgeway are primarily single-family residential. Club Pointe, a single-family attached conservation development is accessed off of North Street, and the majority of units are located outside of the Secondary Impact Area. The German School is just outside of the Secondary Impact Area on Partridge Road (although the German School owns a piece of property on North Street that may be used for future access to the School) and is set back to the east of North Street and the south of Ridgeway /06/12

8 French-American School of New York Westchester County s Maplemoor Golf Course is located on the east side of North Street where North Street intersects with the Hutchinson River Parkway. A church occupies a large parcel of land across North Street from Maplemoor Golf Course. Ridgeway The Secondary Impact Area extends west along Ridgeway to Old Mamaroneck Road. This area is predominantly single-family residential with the exception of the White Plains Greenway and the Ridgeway Nature Trails just west of the Ridgeway elementary school. FUTURE WITHOUT THE PROPOSED PROJECT The City of White Plains Department of Planning has identified the following projects that will be constructed within, or just beyond, the Primary or Secondary Impact Areas by the time that the Proposed Project would be completed. Each of these land uses is consistent with the existing mix of residential, institutional, and recreational uses within the Primary and Secondary Impact Areas. German School Expansion The German School has applied for approvals from the City of White Plains to facilitate an expansion of the school from 375 to 500 students. This application includes a subdivision of property it owns on North Street into four single-family lots and a fifth lot to be used for parking and drop-off. The German School will also make several lot line adjustments to its three parcels to help facilitate the expansion plans, as well as create a new street connection to North Street. This project is located partially within the Secondary Impact Area. North Street Community Creation of a convalescent care and independent senior residential facility at the former St. Agnes Hospital property on North Street. This project is located outside of the Secondary Impact Area, north of Bryant Avenue. Westchester Church of Christ The Westchester Church of Christ, located at 511 North Street, has applied for approvals from the City of White Plains to add an approximately 10,000 square foot addition to the existing 8,121 square foot house that currently serves as the church. In addition, the Church proposes to demolish an existing garage and construct approximately 60 parking spaces on the property. Hindu Temple A Hindu temple has indicated its intent to submit an application for a proposed 5,000 square-foot temple near the intersection of Bryant Avenue and North Street, just south of the Shinnyo-En Temple. No formal application has been filed for this project. This project would be located just outside of the Secondary Impact Area. POTENTIAL IMPACTS OF THE PROPOSED PROJECT The Proposed Project would change the use of the Project Site from a golf or country club (as defined by the Zoning Ordinance 2.4) to a school. The Proposed Project comprises a Campus (occupying approximately 46 acres, including several proposed buildings that would function as a private school) and the Conservancy, an approximately 84-acre open space that would supplement the educational mission of FASNY. The Conservancy would be open to the public from dawn to dusk 365 days per year for passive forms of recreation. As such, while it might be said that the Project Site would change from a recreational use to an institutional use, the majority of the Project Site would remain as an open space or recreational use. Furthermore, it is the Applicant s belief that the portion of the Site that is developed for the Campus would have activities that are not dissimilar from the previous country club use. 08/06/12 2-4

9 Chapter 2: Land Use, Zoning, and Public Policy By their very nature, schools are considered uses that promote the public welfare and are considered compatible with residential land uses, as well as other institutional uses (e.g., hospitals, houses of worship, and community centers such as the YWCA). It is the Applicant s belief that the Proposed Project is consistent and compatible with all of the land uses within the Primary Impact Area, and all of the land uses within the Secondary Impact Area. As is more fully detailed below, it is the Applicant s belief that the Proposed Project would be consistent with the City of White Plains Zoning Ordinance ( Zoning Ordinance ) and the City of White Plains Comprehensive Plan ( Comprehensive Plan ). As such, it is the Applicant s belief that the Proposed Project would not have any significant adverse impacts on land use. C. ZONING The following description of the City of White Plains Zoning Ordinance and analysis of the consistency of the Proposed Project with the Zoning Ordinance was prepared by the Applicant and represents the belief and opinion of the Applicant. The Applicant understands that the City might have an alternative interpretation of the application of certain Zoning dimensional standards to the Property. The final determination of consistency with the Zoning Ordinance must be made by the City of White Plains Building Department and City of White Plains Planning Department. EXISTING CONDITIONS PROJECT SITE The Project Site is located entirely within the R1-30 Residential One Family Zoning District (see Figure 2-3). This district allows one family dwellings, places of worship, and public schools (among others) as principal permitted uses. The R1-30 district also allows several other uses subject to a special permit, including: golf and country clubs; private secondary 1 and elementary 2 schools; and, other membership clubs. Nursery schools 3 in conjunction with a private secondary or elementary school are permitted accessory uses in the R1-30 district. Customary indoor or outdoor athletic facilities such as playfields or stadia as accessory to a private school, university, college or seminary are not identified in Section 5.3 as either permitted principal use, permitted accessory use, or special permit use in the R1-30. It is the Applicant s opinion that outdoor athletic fields are included within the private school use allowed in the R1-30 District. The White Plains Code defines use to include the specific purpose for which land, water, a building or a structure is designed, arranged, intended or for 1 The City of White Plains Zoning Ordinance defines a private secondary school as an institution conducting a regularly scheduled curriculum of study similar to that of the secondary public schools and operating in accordance with a charter issued by the Board of Regents (Zoning Ordinance 2.4). 2 The City of White Plains Zoning Ordinance defines a private elementary school as an institution conducting a regularly scheduled curriculum of study similar to that of the elementary public schools and operating in accordance with the Education Law of the State of New York (Zoning Ordinance 2.4). 3 The City of White Plains Zoning Ordinance defines a nursery school as a business enterprise providing care to three or more children less than six years old and operated in accordance with the Social Services Law of the State of New York (Zoning Ordinance 2.4) /06/12

10 French-American School of New York which it is or may be occupied or maintained (White Plains Code 2.4). The law is clear that athletic facilities are an integral part of a school use. Lots in the R1-30 Zoning District are required to be a minimum of 30,000 square feet in size. The maximum building coverage for all buildings is 20 percent (20%) while the maximum building coverage for main buildings is 14 percent. Accessory buildings may have coverage no greater than 5 percent. The maximum Floor Area Ratio (FAR) is stated as 0.40; however, that standard applies only to residential uses. 1 There is no stated maximum FAR for a non-residential use in the R1-30 Zoning District. However, the City of White Plains Department of Planning has indicated that the maximum FAR of 0.40 would apply to the Proposed Project. The minimum required yards in the R1-30 Zoning District are 75 feet for a front yard, 25 feet for a side yard, and 30 feet for a rear yard. The maximum height is 35 feet or 2.5 stories. The existing Clubhouse on the Project Site is non-conforming with respect to the front yard setback. While the Zoning Ordinance requires a 75-foot setback, the current building is setback 22.5 feet from Ridgeway. Section , Exceptions to Height Limitations, of the Zoning Ordinance allows schools in residential districts to exceed the maximum height in the district regulations (for the R1-30 district that is 35 feet) provided that for every foot of additional height, the side, front, and rear yards required shall be increased an additional one (1) foot. Conservation developments are generally permitted in the R1-30 zones in the City. These developments encourage the placement of homes within a large development site so as to preserve large, contiguous portions of the site as open space. The Zoning Ordinance, however, prohibits conservation developments on parcels that are designated as Major Public and Private Recreation and Open Space in the City s Comprehensive Plan. The Project Site is deemed such a space in the City s Comprehensive Plan. Therefore, conservation developments are not allowed on the Project Site. The Zoning Ordinance also contains provisions relating to, inter alia, fences ( ); landscaping, screening, and buffer areas ( ); exterior lighting ( ); solar access and energy considerations ( ), mechanical equipment ( ); accessory swimming pools ( ), environmentally sensitive sites and features ( ), and off-street parking and loading (Section 8) (including requirements for landscaping ( 8.7.5) and lighting ( 8.7.7) of parking lots). These provisions apply specific dimensional standards (e.g., setbacks or height) or performance standards (required amounts of parking, screening, or buffers to residential properties) that all applications for development would have to meet. The approving agency would evaluate the site plan of any application for conformance with these Zoning provisions. A description of the relevant standards and the Proposed Project s conformance with each of these standards is contained below under Potential Impacts of the Proposed Project. For discussion of the Proposed Project s conformance with the environmentally sensitive sites and features provisions, please see Chapter 3, Geology, Soils, and Topography, and Chapter 4, Wetlands, Hydrology and Stormwater. With respect to uses permitted by special permit, the Zoning Ordinance states: 1 For residential lots over 40,000 square feet, building coverage for single-family residential buildings shall not exceed 8,000 square feet and main building coverage shall not exceed 5,000 square feet. (Zoning Ordinance 5.3 note (u)). 08/06/12 2-6

11 RM-1.5 BR-2 R2-4 R2-2.5 BR-1 B-1 R PSRDD R1-30 C-O RM-0.35 BRYANT AVENUE RM-2.5 R R1-5 R2-4 R HEATHERBLOOM ROAD R1-30 R1-7.5 R1-7.5 R1-5 R OLD MAMARONECK ROAD R1-5 R1-30 RIDGEWAY R NORTH STREET C-O R1-7.5 R1-30 MAMARONECK AVENUE R1-7.5 R R1-30 R1-7.5 R R R1-30 R1-7.5 R1-20 R R1-7.5 R1-30 ROSEDALE AVENUE HUTCHINSON RIVER PARKWAY B-2 R1-7.5 R C-O Project Site Primary Impact Area Secondary Impact Area Zoning District Boundary 0 1/4 1/2 MILE SCALE French-American School of New York Existing Zoning Figure 2-3

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13 Chapter 2: Land Use, Zoning, and Public Policy Special permit uses for which conformance to additional requirements is mandated by this Ordinance (see Sections 5.1 and 5.2) shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the conditions and standards set forth in this section in addition to all other requirements of this Ordinance. All such uses are declared to possess characteristics of such unique and special form that each specific use must be considered as an individual case. (Zoning Ordinance 6.1) The Zoning Ordinance specifies that the Board of Appeals shall be the approving agency for special permit uses, except that the Common Council may reclaim jurisdiction as approving agency for any special permit use upon the finding, in the Common Council s absolute discretion, that such special permit use is of substantial public importance (Zoning Ordinance 6.2.3). The application requirements and procedures for review of a special permit use are set forth in Section 6.3 and Section 6.4 of the Zoning Ordinance. Notably, Section requires an affirmative vote of two-thirds or more of the members of the approving agency (e.g., the Common Council) for special permit uses or sites that include environmentally sensitive sites or features. The Project Site contains environmentally sensitive sites or features. Standards for approval of a special permit use are given in Section 6.5 of the Zoning Ordinance, which also references the requirement for compliance with the site plan standards of Section 7.5. There are no individual standards or requirements (see 6.7) that apply to private elementary schools, private secondary schools, or independent nursery schools operated in conjunction with a private elementary school. Thus, only the provisions of Section 6.5 (and 7.5) apply to the Proposed Project: The location and size of the special permit use, the nature and intensity of the operations involved in it or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the area in which it is located The location, nature and height of buildings, walls and fences and the nature and extent of existing or proposed plantings on the site are such that the special permit use will not hinder or discourage the appropriate development and use of adjacent land and buildings Operations in connection with any special permit use will not be more objectionable to nearby properties by reason of noise, traffic, fumes, vibration or other characteristics than would be the operations of permitted uses not requiring a special permit Parking lots will be of adequate size for the particular special permit use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum convenience and safety. Section 7.5, Standards, enumerate a number of standards and performance measures applicable to all site plan applications. For discussion of the Proposed Project s conformance with these standards, please see Potential Impacts of the Proposed Project, below. In addition, the requirements of Section 7.4.5, Approvals with Environmentally Sensitive Sites or Features, also apply. For discussion of the Proposed Project s conformance with the /06/12

14 French-American School of New York environmentally sensitive sites and features provisions, please see Chapter 3, Geology, Soils, and Topography, and Chapter 4, Wetlands, Hydrology and Stormwater. PRIMARY AND SECONDARY IMPACT AREAS Zoning Districts within the Primary and Secondary Impact Areas are shown on Figure 2-3. The majority of land within the Primary and Secondary Impact Areas is zoned for single-family residential use. All of the institutional land uses and some of the commercial land uses (e.g., nurseries) are located within residential zoning districts. Commercial uses in residential districts are non-conforming uses. Table 2-1 summarizes the permitted principal uses ( PP ) and special permit uses ( SP ) allowed in each of the Zoning Districts within the Primary and Secondary Impact Areas. Table 2-2 summarizes the permitted zoning densities (dwelling units per acre for residential Zoning Districts and Floor Area Ratio for commercial Zoning Districts) within the Primary and Secondary Impact Areas. FUTURE WITHOUT THE PROPOSED PROJECT The Common Council is currently considering the proposed Open Space Recreation Development (described below) and a set of Zoning Ordinance text amendments that would permit mixed-use development within the Campus Office (C-O) Zoning District. A C-O Zoning District is located partially within the Secondary Impact Area along Mamaroneck Avenue near the Hutchinson River Parkway. Shortly after FASNY had purchased the Project Site and submitted initial application materials for the Proposed Project, the Common Council adopted the 2011 Interim Development Moratorium Law of the City of White Plains prohibiting the granting of certain special permit and site plan approvals and other City approvals (including building permits) on certain properties ( Affected Properties ) until September 15, The Interim Development Moratorium Law did not preclude the processing of applications by an applicant. On October 3, 2011 the Common Council extended the moratorium until May 17, 2012 to allow the City to conduct various technical and environmental reviews of potential amendments to the Zoning Ordinance, Municipal Code, and Comprehensive Plan. 1 The Affected Properties comprise those large open space properties in the R and R1-30 Zoning Districts not owned by the City of White Plains or White Plains School District, which are identified in the 1997 Comprehensive Plan, as amended, as Parks and Open Space properties. The Project Site is considered one of the Affected Properties. A draft of the proposed Open Space Recreation Development Zoning amendments maintains private elementary and secondary schools as permitted special permit uses within the R1-30 Zoning District. However, it adds specific special permit standards that would, in the Applicant s opinion, significantly restrict the development of any property for such a use by virtue of increased yard setbacks and decreased building and land coverage requirements. 1 The Applicant understands that a May 14, 2012 public hearing has been scheduled to consider extension of the Interim Development Moratorium Law to a date uncertain. 08/06/12 2-8

15 Chapter 2: Land Use, Zoning, and Public Policy Table 2-1 Permitted Uses Within the Study Area Uses R1-5 R1-7.5 R R1-20 R1-30 R2-5 RM-0.35 RM-2.5 B-2 BR-1 C-O One family dwelling PP PP PP PP PP PP PP PP Two family dwelling PP PP Multi-family dwellings PP PP PP PP Customary indoor or outdoor athletic facilities such as playfields or stadia as accessory to a private school, university, college, or seminary SP SP SP Commercial indoor recreation facilities SP Health Clubs SP SP Golf and country clubs SP SP SP SP SP SP Membership Clubs SP Accessory swimming pools SP SP SP SP SP SP SP SP SP SP Accessory tennis courts SP SP SP SP SP SP SP SP SP SP Hospitals SP Churches PP PP PP PP PP PP PP PP PP PP Government PP PP PP PP PP PP PP PP PP PP PP Public School PP PP PP PP PP PP PP PP PP PP Private school SP SP SP SP SP SP SP SP SP SP Independent nursery school SP SP SP SP SP SP SP SP SP SP Colleges and universities SP PP PP Libraries, museums or art galleries SP SP SP SP SP SP SP SP PP Philanthropic offices SP PP PP PP Medical office in multifamily dwelling SP Business or professional offices PP PP PP Retail Sales PP PP /06/12

16 French-American School of New York Table 2-1 (cont d) Permitted Uses Within the Study Area Uses R1-5 R1-7.5 R R1-20 R1-30 R2-5 RM-0.35 RM-2.5 B-2 BR-1 C-O Banks PP SP SP Auction houses SP Business or trade school SP Hotels SP Restaurants SP PP SP Motor vehicle service stations SP Medical laboratories PP PP Utility buildings SP SP SP SP SP SP SP SP SP SP SP Commercial parking lots SP SP Notes: PP = Permitted Principal Use; SP = Special Permit Use Sources: City of White Plains Zoning Ordinance 08/06/

17 Chapter 2: Land Use, Zoning, and Public Policy Table 2-2 Zoning Densities Within the Primary and Secondary Impact Areas Residential Zoning Districts Maximum Dwelling Units per Acre R1-5 (Residential One Family) 8.7 R1-7.5 (Residential One Family) 5.8 R (Residential One Family) 3.5 R1-20 (Residential One Family) 2.2 R1-30 (Residential One Family) 1.5 R2-5 (Residential One and Two Family) 10.9 RM-0.35 (Residential Multi-Family) RM-2.5 (Residential Multi-Family) 17.4 Commercial Zoning Districts Maximum Floor Area Ratio B-2 (Neighborhood Business) 0.80 BR-1 (Business Residential-1) 0.80 C-O (Campus Office) 0.30 Notes: Sources: City of White Plains Zoning Ordinance FASNY has submitted communications to the Common Council indicating its objection to the preliminary draft of the proposed Open Space Recreation Development Zoning. FASNY believes that the proposed Zoning amendments would deprive FASNY of its right to develop the Property, is inconsistent with Zoning standards and actual conditions for public schools and parks located within the City of White Plains, is inconsistent with New York State Law regarding zoning for schools, and inconsistent with the City s own Comprehensive Plan. It is understood that the City is considering amendments to the Comprehensive Plan as part of the proposed actions associated with the Open Space Recreation Development Zoning. POTENTIAL IMPACTS OF THE PROPOSED PROJECT USE The Proposed Project is a permitted use within the R1-30 Zoning District. Schools, in general, are considered beneficial uses in all zoning districts within a community because they promote the public health, safety, and welfare of the community. Specifically, the proposed high school and middle school are considered private secondary schools, the proposed elementary school is considered a private elementary school, and the proposed nursery school and pre- Kindergarten are considered permitted accessory uses to the private elementary school. The proposed indoor and outdoor athletic facilities are considered to be permitted accessory uses to a school (public or private). The proposed Conservancy is considered a component of the school special permit use. There are no specific individual special permit standards for schools or the Conservancy in the Zoning Ordinance. Any structure built in the Conservancy would be considered accessory to the principal use (school buildings) on Parcel A and Parcel D. Since all four parcels (Parcel A Parcel D) are in common ownership and the primary use covers each parcel, accessory structures are permitted on any of the parcels. Thus, it is the Applicant s belief that the Proposed Project is consistent with the regulations pertaining to use of property within the Zoning Ordinance /06/12

18 French-American School of New York See discussion below regarding consistency of the Proposed Project with special permit standards. BULK AND DIMENSIONAL STANDARDS It is the Applicant s belief that the Proposed Project meets the various bulk and dimensional requirements set forth in the Zoning Ordinance ( 5.3) as summarized in Table 2-4 and described below. For a property that comprises several parcels separated by public streets (such as the Project Site), it is accepted practice to calculate compliance with Zoning provisions for the entirety of the area controlled by the Applicant. Building Coverage Maximum permitted building coverage in the R1-30 Zoning District is 20 percent. The Project Site is approximately acres (5,649,241 square feet). The existing Clubhouse and Annex cover 36,155 square feet, or 0.64 percent of the Project Site. The buildings in the Campus (including the expansion of the existing Clubhouse and Annex) would cover an additional 124,728 square feet, or 2.1 percent of the Project Site. The minor buildings in the Conservancy would occupy approximately 3,100 square feet. Therefore, the total building coverage of the Proposed Project would be approximately 2.98 percent, considerably less than the 20 percent maximum allowed. Table 2-3 White Plains Public and Private Schools Building Coverage School Building Coverage Church Street Elementary School 21.5% George Washington Elementary School 9.1% Mamaroneck Avenue Elementary School 18.6% Post Road Elementary School 15.6% Ridgeway Elementary School 14.3% Eastview Middle School 10.4% Highlands Middle School 12.0% White Plains High School 8.7% Rochambeau School 16.3% German School 7.2% Solomon Schechter School 13.8% Our Lady of Sorrows School 7.9% Archbishop Stepinac High School 7.1% Good Counsel Academy 11.9% Windward School 8.2% Floor Area Ratio Maximum permitted Floor Area Ratio (FAR) in the R1-30 Zoning District is The existing Clubhouse and Annex contain approximately 53,735 square feet (FAR of 0.01). The Proposed Project would comprise approximately 230,863 square feet for an FAR of 0.04, one-tenth the permitted level. 08/06/

19 Chapter 2: Land Use, Zoning, and Public Policy Zoning Requirement Table 2-4 Schedule of Bulk and Dimensional Requirements Existing Condition Proposed Project (New) Combined Total Minimum lot area (sq. ft.) 30,000 5,649,241 5,649,241 5,649,241 Maximum Building Coverage (All Buildings) 20% 0.64% 2.34% 2.98% Floor Area High School (clubhouse) n/a 53,735 16,078 69,813 Middle School n/a n/a 43,662 43,662 Lower School n/a n/a 67,827 67,827 Gymnasium/Performing Arts n/a n/a 49,561 49,561 Total Floor Area n/a 53, , ,863 Maximum FAR Minimum Required Yards High School (clubhouse) Minimum Front Yard (ft.) n/a Minimum Side Yard (ft.) Minimum Rear Yard (ft.) Middle School Minimum Front Yard (ft.) 75 n/a Minimum Side Yard (ft.) 25 n/a Minimum Rear Yard (ft.) 30 n/a Lower School Minimum Front Yard (ft.) 75 n/a 3,052 3,052 Minimum Side Yard (ft.) 25 n/a Minimum Rear Yard (ft.) 30 n/a Gymnasium/Performing Arts Minimum Front Yard (ft.) 75 n/a Minimum Side Yard (ft.) 25 n/a Minimum Rear Yard (ft.) 30 n/a Maximum Height (stories/ft) 1 High School (clubhouse) 2.5 / / / / Middle School 2.5 / 35 n/a 2.5 / / Lower School 2.5 / 35 n/a 2.5 / / Gymnasium/Performing Arts 2.5 / 35 n/a 2.5 / / Notes: 1) Section of the Zoning Ordinance allows schools in residential districts to exceed the height restrictions provided that for every foot over the limitation, each yard setback is increased by one foot. 2) The existing clubhouse is non-conforming with the front yard setback. Sources: City of White Plains Zoning Ordinance Height The City s Zoning Ordinance defines Height as: The vertical distance from grade to the level of the highest point of the roof if the roof is flat or mansard, or to the mean level between the eaves and the /06/12

20 French-American School of New York highest point of the roof if the roof is of any other type. Where grade is defined to be the average level of the ground adjacent to the exterior walls of the building, the average height of the building wall facing the street shall not exceed 1 ¼ times the maximum height allowed in that district (Zoning Ordinance 2.4) The maximum permitted height in the R1-30 Zoning District is 2.5 stories or 35 feet. There would be no change to the height of the Clubhouse and Annex structures. The existing Clubhouse is approximately 32.5 feet high when measured between average grade and mid-point of the gabled roof. When measured from the driveway at the portico entrance to the ridgeline of the roof, the Clubhouse is approximately 29.5 feet high. The existing Annex is approximately 30.5 feet high as measured per the Zoning Ordinance. The building wall on the southwest side of the Annex is approximately 34 feet high as measured per the Zoning Ordinance. The proposed high school expansion area on the rear of the Clubhouse and Annex would be approximately 31 feet high as measured per the Zoning Ordinance. The proposed Middle School building would be approximately 32.5 feet high from average grade to the mid-point of the gabled roof. The highest point of the proposed cupola would be approximately 47 feet above the finished grade. The additional height for the proposed cupola is allowed pursuant to Section This Section allows schools in residential districts to exceed the height restrictions provided that for every foot over the limitation (in this case, 35 feet) each yard setback is increased by one foot. Therefore, each yard setback for the Middle School building would need to be 12 feet greater than the minimum yard requirement to accommodate the height of the cupola. As proposed, the side yard for the Middle School is approximately 124 feet (99 feet greater than what is required), the front yard is approximately 408 feet (333 feet greater than what is required), and the rear yard is approximately 292 feet (262 feet greater than what is required). For purposes of measuring height, the proposed Gymnasium/Performing Arts Center must be considered as one building. The height of the building as measured per the Zoning Ordinance, would be slightly higher than 30 feet (30.13 feet). The proposed greenhouse within the Campus would have a height of approximately 12 feet as measured per the Zoning Ordinance. The Nursery/Kindergarten wing of the Lower School is a proposed one-story structure with a full gable roof. The height of this wing is approximately 19.5 feet from average grade to the mid-point of the gabled roof. The wing containing Grades 1 to 5 would be two-story structure with a full gable roof. The gymnasium space would be a double-height space with a half-barrel roof and clerestory windows under the extended eaves. The height of the Grade 1 to 5 wing is approximately 30.5 feet from average grade to the mid-point of the gabled roof and barrel roof of the gymnasium. Any structure built in the Conservancy would be considered an accessory structure and would be required to be no greater than 15 feet in height. The proposed propagation greenhouse would be approximately 12 feet as measured per the Zoning Ordinance. Specific designs for any of the incidental sheds have not been developed. These accessory structures would not exceed 15 feet in height. 08/06/

21 Chapter 2: Land Use, Zoning, and Public Policy Yards A yard is defined as open space that lies between the building or group of buildings and the nearest lot line ( 2.4). The Zoning Ordinance defines certain types of lots and how the yards for such lots are determined. A corner lot is any lot located at the junction of two or more intersecting streets ( 2.4). A through lot is defined as part of the definition of a front lot line as having frontage on two streets ( 2.4). The Zoning Ordinance allows an owner of a corner lot in a residence district to elect either yard fronting on a street as the front yard, with any other yard fronting on a street then becoming a side yard ( 4.4.9). Through lots are determined to have two front yards. The R1-30 district requires that buildings be set back a minimum of 75 feet from any front property line (front yard), 25 feet from any side property line (side yard), and 30 feet from any rear property line (rear yard). Parking spaces are permitted in a side yard or rear yard ( ). Parcel A It is the Applicant s belief that Parcel A is considered a corner lot as it is located at the junction of two or more intersecting streets. FASNY has identified Ridgeway as the front yard of Parcel A. The area along Gedney Esplanade would be, by definition, a rear yard. The area along Hathaway Lane would be a side yard. The current Clubhouse does not conform to the minimum front yard setback. The main façade of the Clubhouse is approximately 53 feet from the lot line, while the portico at the main entrance is 22.5 feet from the front lot line. The current Annex also does not conform to the minimum front yard setback. The main façade of the Annex is approximately 36 feet from the lot line. These dimensions are considered pre-existing dimensional non-conformities ( 4.3.3). This non-conformity is permitted to remain, but no permit shall be issued that will result in the increase of any such dimensional non-conformity. ( 4.4.3). The plans submitted with this DEIS demonstrate that no part of the addition to the Clubhouse and Annex would be within the required front yard setback. The proposed High School expansion at the rear of the existing Clubhouse and Annex would be set back approximately 215 feet from Hathaway Lane, in excess of the 25-foot side yard requirement, and approximately 160 feet from Ridgeway, in excess of the 75-foot front yard requirement. The proposed Middle School would be set back approximately 124 feet from Hathaway Lane, approximately 408 feet from Ridgeway, and approximately 292 feet from Gedney Esplanade. The proposed performing arts center would be set back approximately 159 feet from Hathaway Lane, approximately 237 feet from Ridgeway, and approximately 400 feet from Gedney Esplanade. The proposed gymnasium would be set back approximately 237 feet from Ridgeway, 368 feet from the western property line, and approximately 565 feet from Gedney Esplanade. The proposed greenhouse would be set back approximately 65 feet from Hathaway Lane. Parcel B It is the Applicant s belief that Parcel B is considered a through-lot in that it has access to two streets that do not intersect. Thus, the front yard setbacks on Parcel B would apply to Gedney Esplanade and to Heatherbloom Road /06/12

22 French-American School of New York There are no proposed buildings on Parcel B. The proposed baseball diamond is not required to meet yard setbacks. However, the proposed backstop would be approximately 75 feet from Gedney Esplanade and approximately 55 feet from the property line to the west. Parcel C It is the Applicant s belief that Parcel C is considered a corner lot as it faces Heatherbloom Road on both its southern and eastern sides. It also has frontage on Bryant Avenue on its northern side. FASNY has identified the Bryant Avenue frontage as the front yard. The southern Heatherbloom Road frontage is considered the rear yard. The eastern Heatherbloom Road frontage and the western property line are considered a side yards. The proposed propagation greenhouse and meeting room would be set back approximately 100 feet from Heatherbloom Road. It would also be set back at least 10 feet from the property line to the west, in accordance with the Zoning Ordinance. Parcel D It is the Applicant s belief that Parcel D is considered a corner lot because it has frontage on Bryant Avenue, North Street, Ridgeway, and Hathaway Lane. FASNY considers Bryant Avenue to be the front yard. The area along Ridgeway and along the residential properties fronting on Ridgeway is considered the rear yard. The area along Hathaway Lane is considered a side yard. The proposed Grade 1 to 5 wing of the Lower School would be set back approximately 3,052 feet from Bryant Avenue, and approximately 230 feet from Hathaway Lane. The proposed Nursery/Kindergarten wing of the Lower School would be set back approximately 275 feet from Hathaway Lane and approximately 98 feet from the property line to the south. All existing accessory structures within Parcel D and the area to be restored as the Conservancy are within the interior of the property and well outside of any regulated yard. Any proposed new accessory structure in the Conservancy would also be located outside of any regulated yard. Parking and Loading The Schedule of Parking and Loading Requirements (Zoning Ordinance 8.3) references See Section for private elementary schools and private secondary schools. For nursery schools in conjunction with a private elementary school, the required parking is one (1) space per 1,000 square feet of floor area (rounded to the next highest integer). No loading spaces are required for either a private elementary school, private secondary school, or nursery school. Section of the Zoning Ordinance requires that off-street parking for special permit uses be of adequate size for the particular special permit use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum convenience and safety. No specific number of spaces is defined for a private elementary school or private secondary school. The Proposed Project includes 428 total parking spaces in the Campus. The total number of parking spaces was determined based on analysis of staff (approximately 232 staff), students that would drive themselves, visitors, and parents (particularly parents who would have to park in front of the Nursery/Kindergarten wing to drop-off and pick-up their children). The required level of parking for the nursery school is 16.5 spaces as there are approximately 16,500 square feet of space for the Nursery. There is no parking requirement stated for an accessory use, such as athletic fields. FASNY believes that this level of parking represents an adequate size for the proposed uses. Each of the proposed parking lots is provided on the same lot as the structure it serves in accordance with Section and have been designed to comply with the 08/06/

23 Chapter 2: Land Use, Zoning, and Public Policy requirements for off-street parking contained in Section 8.7 including landscaping ( 8.7.5) and lighting ( 8.7.7). Some sharing of parking spaces between different school divisions may occur, as permitted by Section relating to joint use of parking. FASNY would not need to rely on any on-street parking on streets adjacent to the Campus. Nor would this be permitted: restrictions on on-street parking are set by the City of White Plains. For additional discussion of the proposed parking plan, please see Chapter 11, Traffic and Transportation. The Proposed Project also includes three (3) four- to six-space small gravel parking lots within the Conservancy. FASNY does not envision that the Conservancy would generate significant parking demand, and no specific parking requirement is listed for a passive outdoor recreation area. FASNY believes that the limited number of individuals who would drive to the Conservancy could be accommodated in these parking lots. FASNY believes that the majority of visitors to the Conservancy, especially on weekdays, would be residents of surrounding residential neighborhoods who would choose to walk directly to the Conservancy. On the weekends, FASNY intends to allow public use of the main parking lots within the Campus for access to the Conservancy, when such use does not conflict with FASNY activities. SPECIAL PERMIT STANDARDS While only the private elementary school and private secondary school uses require issuance of a special permit, FASNY understands that the entire Proposed Project (including the accessory nursery school and Conservancy) would be evaluated by the Common Council and that one special permit approval would be granted for the Proposed Project. The analysis presented below was prepared by FASNY and represents its belief and opinion. A final determination of consistency with these standards would be made by the Common Council following a public hearing. Since no individual standards exist for either the private elementary school use or private secondary school use, the general standards of Section 6.5 of the Zoning Ordinance would apply. The standards are provided below in bold type; the Applicant s evaluation of consistency of the Proposed Project is presented below each standard and appears in italic type The location and size of the special permit "use," the nature and intensity of the operations involved in it or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to "streets" giving access to it are such that it will be in harmony with the appropriate and orderly development of the area in which it is located. It is the Applicant s belief that the Proposed Project has been sited and designed to maintain the character of the Project Site within the context of surrounding residential uses. Proposed buildings would be similar in scale to existing buildings on the Project Site or other institutional buildings in the Primary Impact Area. FASNY would provide on-site security to ensure that the use of the Project Site would continue to be in harmony with surrounding residential and institutional uses and that the use of the Conservancy would be safe. In keeping with the Project Site s existing use, the most intense uses on the Project Site would be contained in the southern portion of the Site. Primary access to the Site would continue to be from Ridgeway and Hathaway Lane at or close to Ridgeway. Small parking areas associated with the Conservancy would be located off Heatherbloom Road and Hathaway Lane near existing vehicular gates /06/12