2018.12.20 Council Agenda Item 02

This agenda item is a continuation of the same agenda item, listed on the December 10, 2018 Town Council Agenda. The Council discussed most items of concern at that meeting but needed more time to discuss proposed zoning amendments and economic impacts of the proposed development. The Council may choose to revisit other items at this meeting. Two new attachments are included that address differences in the BP zone and VC1 zone. One document is a summary that compares zoning relief requests between BP and VC1. The other document is a use table for the BP zone where highlighted uses are uses allowed in BP but not in VC1.

UPDATE Dec 19, 2018 at 4:15 PM - There is a new document (attached), submitted by the developer that proposes development only on property owned by him (no development in the MaineDOT ramp/intersection). The developer is proposing that this "Plan B" is compliant with current zoning and would not require any zoning amendments.   

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The new owners of the Falmouth Shopping Center, 122 PTIP, LLC and 20 Thames Street, LLC, have proposed a mixed-use development for the property, called "Falmouth Center," that would include 21 new buildings encompassing over one million square feet of floor area. The proposed development plans include adjacent land currently owned by the Maine Department of Transportation that is occupied by the Turnpike Spur ramps to Route 1.

The developer previously requested zoning amendments to allow a proposed sports center and outdoor soccer field use. The Council discussed this proposed development at several meetings through the summer. At the most recent discussion on Nov 14, 2018, the Town Council reviewed submittals that addressed impacts on the community, specifically associated with: noise; light; stormwater and ecological impact; and traffic. The Town Council requested the developer to provide more information on noise. The developer's noise specialist will attend this meeting to describe impacts to the area re noise that will be generated from the outdoor sports fields. The Town Council will also visit the Freeport High School artificial sports field complex on Dec 10, 2018 at 5:00 PM to view the lights at this facility which are reported to be similar lights that are proposed in the Falmouth Center project. Developer submissions and all peer reviews received to date are attached.

At this meeting, the Council is expected to discuss the following: new information; need for additional information; interest in developing zoning language; future public input; process and next steps.

The developer is proposing the following amendments to the current zoning ordinance. They are requesting the entire property (developed and undeveloped areas) be rezoned to a zone that is similar to VC1 but with the following exceptions.

(VC1 with the following exceptions)

• Allow light poles associated with outdoor fields to be up to 80 feet tall subject to performance standards to minimize impacts.  Allow existing car wash to be moved and classified as a permitted use but cap the number of car washes allowed in the zone at one and limit the maximum size to 8,000 square feet.
• Allow one Wholly Enclosed Place of Assembly/Recreation tenant (e.g. indoor sports field) to be up to 70,000 square feet in size provided the building is setback at least 600 feet from Route One. 
• Require a minimum of 50% of all ground floor area in every building to be retail, grocery retail, or restaurant use. (Exceptions for the following buildings: Parking garages; car wash; one multi-family building; hotels, one Wholly Enclosed Place of Assembly/Recreation.)
• Require at least 50% of all ground floor tenant areas associated with retail, grocery retail, and restaurant uses to be no larger than 15,000 square feet. [Town staff has suggested a lower threshold of 5,000 square feet. Town staff has also requested the developer submit language that would discourage or limit wide street/store fronts. Lowering the limit of tenant floor area may accomplish this objective.]   Allow one multi-family building to have residential use on the ground floor provided the building is setback a minimum of 500 feet from Route One.
• Outdoor recreation allowed from  7 am to 10 pm.  Require field lighting to be shut off within 15 minutes of end of field use.  Limit the number of outdoor fields to two.  Prohibit bleacher seating and PA systems.
• Require the entire site to be brought up to current stormwater standards with the submission of any site plan to the Planning Board.  This shall include treating all existing impervious area on the site as new impervious area.  (No credit given for existing impervious area.)
• Relaxation of architectural standards for the Wholly Enclosed Place of Assembly/Recreation as follows:
  • Section 19-11.5.5.3 – Allow use of metal siding (exluding corrugated), polyash siding and fiber cement siding.
  • Section 19-11.5.5.4.a – Allow less visible sides of the building (those facing the woods) to be designed to a less stringent architectural standard.

Note – there have been previous conversations about the need for a Master Plan. At this time, staff is unsure of the need for a Master Plan if the foundation for the zoning is VC1 and in light of the proposed restrictions, above. If the Council desires a Master Plan there needs to be a conversation about what the Council hopes to accomplish.

In addition to those materials noted above, the attachments also include materials submitted by the developer for the June 4, 2018 Town Council meeting, as well as an amended site plan that includes adjustments to the location of the sports buildings and fields that was submitted on June 25. These materials represent the most recent designs for the proposed development.

The Town Council has also expressed some interest in understanding the environmental impacts of the rubber infill typically used with artificial turf fields. Staff has found some information and the developer has provided some information. The EPA is scheduled to release a new report this fall. The following links provide information, but it is generally inconclusive and there are some studies that conflict with each other. To date, staff has not found any federal or state regulations that would prohibit the use of the material. It seems as though most studies focus on health to players rather than water quality.

https://www.epa.gov/chemical-research/federal-research-recycled-tire-cru...

https://www.pressherald.com/2016/08/21/for-school-officials-artificial-t...

The Town Council also requested staff proved an analysis of the economic impact of the proposed project. While that request did not indicate a specific scope of work, it is staff opinion that there could be two approaches: 1. impact on local government finances and services and 2. economic impacts involving housing, new business generation outside of the project area, jobs, etc. The latter would require the engagement of a specialized consultant. Staff has developed an analysis on the impact of local government finances and services. The current and future capacity to serve new growth in Falmouth follows the Comprehensive Plan with regard to infrastructure investment decisions. Staff believes that any new required capital investments and ongoing maintenance can be accommodated in a new Tax Increment Financing development plan, associated with the proposed project. That plan is attached as a PowerPoint presentation (below). Additional demands on service costs in the operating budget are projected to be minimal based on the proposed type and number of housing units. We do expect some additional costs for calls for service related to Fire and EMS. Most of those additional costs will be associated with calls to fire alarms that are not associated with a real emergency.