RPWLPlanZoneReg

8/6/2019 RPWLPlanZoneReg

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Lebanon City Council Meeting

May 18th, 2011

1

Planning, Zoning and Regulatory Process

www.RiverParkWestLebanon.com [email protected]
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2/17

Project Timeline - Overview

2007 2008 2009 2010 2011

Lymes Neighborhood Planning Process

2

River Park Master Plan Design Process

Site Plan andSubdivisionApplicationPreparation

Site Plan and SubdivisionReview Process

LymePrope

rties

CityofLe

banon

LymePurchasesProperty

Lebanons Comprehensive Re-Zoning Process - Began in 2006, Still On-Going

Zoning Petitionsand Public Vote


3/17

Project Timeline - Major Events 2007-2008

2007 2008 2009 2010 2011


3




LymeProperties

CityofLe

banon

ZBA Votes AgainstProposal to Change Useof Bailey Bros. Building

Comprehensive City-Wide

Rezoning Introduced byPlanning Board

ComprehensiveRezoning Fails



Neighborhood Planning Meetings

Bailey Bros.Building

Torn Down

Planning Board ToursRiver Park Site



4/17


5/17

Project Timeline - Major Events 2010

2007 2008 2009 2010 2011


5




LymeProperties

CityofLe

banon


6/11 - River Park Site Planand Subdivision Applications

Filed by Lyme

3/9 - Re-zoning PassesIn 2-1 Public Vote


CityCouncil Agrees to DelayAction

On MU District For 90 Days


Re-zoning AmendmentOn March Ballot

Neighbors Protest Proposal

3/4 - 5 Members of CityCouncil meet in executivesession in advance of 3/9

Vote.10 Public Review

Meetings Before PlanningBoard and City Council

3/1 - City Attorney Writes6-page Legal Opinon onHow To Overturn River

Park Amendment If PublicVote Passes

AGENDALEBANON CITYCOUNCILMARCH17,2010

11. NEW BUSINESS

11.ADISCUSSIONANDSETPUBLICHEARINGFORJUNE16,2010:

PROPOSEDREZONINGOF27.5ACRESOFLAND(9.18ACRESOFR-3;

9.17ACRESOFCBD;AND9.15ACRESOFIND-L)TO

ANEW MIXED-USE(M-U)ZONING DISTRICT

BACKGROUND

On October 26, 2009, a voter petition to rezone portions of Tax Map 44, Lots 3 & 7, located onRoute 10 in West Lebanon, was received by Sandra Allard, City Clerk.

The petitioners requested that approximately 18 acres of land be rezoned from Residential-Three (R-3) to Light Industrial (IND-L) and Central Business District(CBD). Because this

acreage exceeded ten times the minimumlot size for a c lass 3 lot within the R-3 zone, therequest was required to be placed on the annual City Ballot for approval/disapproval by thevoters.

The Council reviewed the petition at their meeting on November 18, 2009, at which time theyrequested alegal opinion and forwarded the request to thePlanning Board and Conservation

Commissionfor review and comment.

A legal opinion was received fromAttorney Bernie Waugh on November 23, 2009. In general,

Attorney Waugh expressed concernswith two separate issues: (1) a substantial likelihood that,if challenged, the proposal would be declaredillegal "spot zoning"; and (2) the proposal was

problematic froman administrative/enforcement standpointbecause theproposed IND-L portionof the land had no frontage on a cityroad. The legal opinion was released to the public anddistributed to the Planning Board and Conservation Commissionfor consideration during their

review.

Members of the Planning and Codes staff did a thorough review of the proposal and prepared a

comprehensive presentation for consideration by the Planning Board and ConservationCommission. Based on their findings they recommended disapproval of the proposal due tospot zoningiss ues, lack of conformance with the Future Land Use Map of the current Master

Plan, and potential traffic and economic impacts. They further recommended that the City havethe opportunity to complete its ongoing Master Plan update(to include the future land us e map,and an evaluation of the placement of various types of land uses throughout the community).

They further expressed that the need for the City to work toward the creation of new zoning

districts which allow for integrated mixed uses, where desirable.

The Planning Board reviewed the proposal on November 23 and December 21, 2009. TheConservation Commission reviewed it on December 10, 2009. Both received the presentationby the Planning Staff and both provided concise explanations to appear on the March ballot.

LebanonCity CouncilMarch17,2010

Page35

3/12 - Planning StaffIntroduces Miixed-Use

District Proposal to ReplacePublic Referendum Vote.

Language Matches CouncilorCormens 12/2009 Memo


6/17

6

The City of Lebanons Regulatory Process

There are three steps in the Planning Board approval process that any proposed project must go through after adeveloper submits an application. Lebanon Zoning Ordinance requires action within 65 Days of AcceptingApplication as Complete.

Step 1 Step 2 Step 3

Preliminary Subdivision Review Site Plan Review Final Subdivision Review

Provides an opportunity for the landowner and Planning Board to discuss

high level details of proposedsubdivisions without the necessity offully developed plans, drawings and

supporting information.

A review of proposed development toensure conformance with zoning

regulations. This review is based upondetailed engineering drawing of

proposed improvements to a given lotincluding building placement, parking,

pedestrian movement, driveways,drainage facilities, utility

configurations, lighting andlandscaping.

Upon completion of review, the

Planning Board votes whether toapprove the proposed site plan.

A review of subdivision plans basedupon fully developed plans, drawings

and supporting information.

At the conclusion of this review, thePlanning Board votes whether to

authorize the subdivision to be legallyenacted.

Submitted: June 11, 2010 Submitted: June 11, 2010 Submitted January 10, 2011

Deemed Complete: July 20, 2010 Deemed Complete: November 8, 2010 Deemed Complete: PENDING

September 23, 2010 January 12, 2011 Clock hasnt started

Approved on October 5, 2010Pending Traffic Peer Review (120 Days

Since Application Deemed Complete)

Pending City Council Vote on River Park

Drive, and Water & Sewer Connections

65 Days


7/17

Project Timeline - Major Events 2011

2007 2008 2009 2010 2011


7




LymeProperties

CityofLe

banon





8/17

1/8 Traffic PeerReview Due

12/17/10 - Lyme Pays $9,500for Traffic Study Peer Review

Traffic

Project Timeline - Since 6/11/2010 Application Filing

2010 2011

6/11/10 - River Park SitePlan and Subdivision Applications Filed

7/12 PlanningBoard Hearing



10/5 PlanningBoard Hearing.

Preliminary SubdivisionApplication Approved.

4/15 Water & Sewer StudyReleased to City Council

and Lyme Properties. DataChanged Dramatically

From 1/12 and 1/31 Scope.

Councilor CormenRecuses Herself, Citing

Conflict of Interest

11 Months, 1 Day6/11/2010 5/12/2011

12/17 City Staff RequestsTraffic Peer Review.

Delaying Site Plan Vote

2/8 Planning

Board Hearing


Postponed BecauseWater & Sewer Study

Not Complete

1/12/11 - Lyme Pays $2,500for Hydraulic Modeling Study, After

Agreeing to Scope and Timeline withCity Staff and Planning Board

Water Study

1/31/11 - Lyme Pays $12,000for Sewer Study, After Agreeing

to Scope, Materials, and Timelinewith City Staff and Planning Board

Sewer Study

4/20 City Council MeetingOn Water & Sewer Study

Lyme Asks CityCouncil Not To VoteOn Water & SewerStudy Conditions

5/4 City CouncilHearing Postponed

5/2 Lyme MeetsWith City Manager

11/8 Site Plan ApplicationDeemed Complete

65 Days to Act on Site Plan

11/8/2010 1/12/2011

1/10/11 - Lyme FilesFinal Subdivision Application

Lyme makes repeated requestsfor preliminary Water & Sewer

reports. But is denied.

1/31 PlanningBoard HearingStaff Requests

More Information


9/179

Conditions Proposed by City Staff to the Lebanon City Council for allowing River Park

to Connect to Lebanons Water & Sewer System

On April 15th the Lebanon City Staff recommended 4 conditions for River Parks connection to the Citys

water and sewer systems.

Condition 1. Upsize Proposed Sewer Main from 10 to 15 or 18

Condition 2. Replace Existing 6 Water Main in Crafts Avenue With a New 12 Water Main

Condition 3. Reconstruct Crafts Avenue to City Standards

Condition 4. Replace Existing Water Main in Route 10, Between Fountain Way and Southerly Entrance toRiver Park With a New 12 Water Main


10/1710

Condition 1. Upsize Proposed Sewer Main from 10 to 15 or 18

The sanitary sewer system for River Park, designed by Holden Engineering, calls for the installation of a new 10 PVCsewer main and distribution system for the entire project. Projected flow rates for River Park were prepared by AHA, aleading engineering firm in Massachusetts that has worked on over 2-million square feet of life science research space.

Rather than connect to the existing trunk line in Crafts Avenue, a combined sanitary and storm sewer line that is made of

clay tiles and is quite old, Lyme voluntarily proposed to extend the new 10 line down the entire length of Crafts Avenueto the Bridge Street connector, which would allow all of the residents of Crafts Avenue to connect to a new sanitarysewer line, keeping the exising sewer line in place for storm water.

RIVERPARK DR

IVE

ROUTE1

0

CRAFTS

AVE.


11/1711

Faults in Sewer Study - Flow Rates

Source Office Use Flow Rate

NHDES Standards 52gpd per 1,000sf

Holden Proposal for Lyme 75gpd per 1,000sf

Wright-Pierce Study 150gpd per 1,000sf

The Citys condition for the larger sewer line is based on inaccurate flow rate data. The amount of sewage that isestimated to flow from the project each day, as measured in Gallons Per Day (GPD) per 1,000 Square Feet ofconstructed building.

The flow rates used by the City of Lebanon in this study do not correspond to the New Hampshire standards, nor

empirical data for comparable buildings here in Lebanon. The Citys rate is almost triple the New Hampshirestandard, and double that which has been proposed by Holden. It is more than triple the flow rate average of 9comparable buildings in Lebanon.

Centerra Biolabs - 7 Lucent Drive, Lebanon, NHBuilt by Lyme Properties in 2003.


12/1712

Faults in Sewer Study - Peak Flow Rates

Corner of Crafts Avenue and Beyerle Street, Lebanon, NHThe existing Sewer on Crafts Avenue is a Combined Sewer System.

Crafts Avenue Sewer Peak Flow DataData collected in MarchMay 2004.


13/1713

Faults in Sewer Study - False Assumptions

The Lebanon pipe capacity calculations are based on four faulty assumptions:

3. The flow was calculated using the rate for the clay pipe that is currently under Crafts Avenue, and not thefaster rate found in modern PVC pipe systems.

4. NHDES rules specify that capacity be based on a pipe running full, and the Wright-Pierce calculations werebased on an alternative standard of the pipe running half-full.

1. The Daily and Peak flow rates were based on innaccurate data

2. Sewer line size was calculated using septic-system flow numbers instead of municipal sewer. Septic flow ratesalready include a peaking factor to avoid overloading the on-site septic system, so applying those numbersresults in grossly inflated flow rates. In fact, this is the only place that we have found the 150gpd number.


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RIVER

PARK

DRIVE

ROUTE1

0

CRAFTSAV

E.

14

Condition 2. Replace Existing 6 Water Main in Crafts Avenue With a New 12 Water Main

The River Park water distribution system engineered by Holden calls for an 8 water line being connected toa 12 water main in Route 10, 1,300ft. north of the entrance to The Falls. It provides adequate water pressureto all River Park buildings, the newly installed fire hydrants along River Park Drive. This water linereconnects to the existing water main at our South entrance, creating a looped system.

The Holden design also connects to the existing water main that runs the entire length of Crafts Ave, creatinga second looped system. The River Park design proposes three connections to existing water mains,resulting in adequate fire flow to the site and improved water pressure for Crafts Ave Homes.


15/17

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Condition 4. Replace Existing Water Main in Route 10, Between Fountain Way and Southerly Entrance to River ParkWith a New 12 Water Main. Extend 12 Main Through River Park to connect to new 12 water main on Crafts Ave.

In January 2009 we received a letter from the City Engineer informing us that the State was about to repaveRoute 10 and that there would be a 7-year (20092016) moratorium on water and sewer installations oncethe paving was complete.

After a series of meetings with the City of Lebanon, Lyme paid for the installation of an 8" water line withshutoffs based on their recommendation, and to prevent the need to break the new pavement down the line.In order to accomplish this, we had to hire the City's consultant to do the work without the opportunity tosolicit competitive bids, and as a result paid $26,245 for this connection.

RIVERPARK DR

IVE

ROUTE1

0

CRAFTSA

VE.


16/17

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Water Line - In Conclusion

We continue to believe that the original system proposed by Holden Engineering is adequate, and the analysisdone by Advanced Geomatics & Design supports that case. Our proposed system has since been evaluated byAG&D who found that the Holden design was adequate, and in fact, that the proposed two water connections

were not even necessary.

For purposes of comparison: Centerra has 1 connection, Lebanon Airpark has 1 connection, and DHMC has 2connections.

Dartmouth Hitchcock Medical Center2 Water Connections

Centerra1 Water Connection

Lebanon Airpark1 Water Connection


17/17

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Condition 3. Reconstruct Crafts Avenue to City Standards

One of the neighbors major concerns during the RiverPark Neighborhood Planning Process was limiting anincrease of traffic on Crafts Avenue, which is alreadybeing used as a short-cut to avoid the intersection atMain and Bridge Streets. Our neighbors want to

protect the quiet, residential quality of the street andLyme agrees.

The Citys Conditions call for the road to be rebuilt toCity Standards

We know that this is not what the Citizens want, andrisks being a repeat of the School Street fiasco with

yards and trees being significantly impacted.

24 Feet

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