Planning, Zoning and Regulatory Process

Lebanon City Council Meeting

May 18th, 2011

www.RiverParkWestLebanon.com 1 info@riverparkwestlebanon.com
Project Timeline - Overview

Lyme’s Neighborhood Planning Process

River Park Master Plan Design Process Zoning Petitions

Lyme Properties

and Public Vote

Site Plan and Site Plan and Subdivision

Subdivision Review Process
Application
Preparation

Lyme
Purchases
Property

2007 2008 2009 2010 2011

City of Lebanon

Lebanon’s Comprehensive Re-Zoning Process - Began in 2006, Still On-Going

2
Project Timeline - Major Events 2007-2008

Lyme’s Neighborhood Planning Process

River Park Master Plan Design Process Zoning Petitions

Lyme Properties

and Public Vote

Site Plan and Site Plan and Subdivision

Subdivision Review Process
Neighborhood Planning Meetings Application
Preparation

Lyme Bailey Bros.

Purchases Building
Property Torn Down

2007 2008 2009 2010 2011

Comprehensive Planning Board Tours

Rezoning Fails River Park Site
City of Lebanon

Comprehensive City-Wide
Rezoning Introduced by
Planning Board ZBA Votes Against
Proposal to Change Use
of Bailey Bros. Building

Lebanon’s Comprehensive Re-Zoning Process - Began in 2006, Still On-Going

3
Project Timeline - Major Events 2009

Lyme’s Neighborhood Planning Process

River Park Master Plan Design Process Zoning Petitions

Lyme Properties

and Public Vote

Site Plan and Site Plan and Subdivision

Lyme Hosts Picnic,
Subdivision Review Process
Unveils Project Model
Application
Lyme Petitions Preparation
For Rezoning

Lyme Public Petitions

Purchases For Rezoning
Property

2007 2008 2009 2010 2011

City Attorney Rejects

Conservation Commission Owner-Initiated Petition
Tours River Park Site

12/2 - Councilor Cormen

City of Lebanon

River Park Conceptual Date: December 2, 2009

Proposes New Mixed-Use

To: Lebanon Planning Board
Cc: Lebanon City Council, Conservation Commission, Planning & Codes

Review Public Hearings at

Office, Interim City Manager Len Jarvi, City Attorney Bernie Waugh; David Clem
and John Billings of Lyme Properties, LLC

Zone to Substitute for

From: Nicole Cormen, City Council Representative to Planning Board

River Park Voter-Initiated

Re: Zoning Map Amendment by Voter Petition for Former Bailey Bros.

Conservation Commission Please consider the following input for the Planning Boardʼs 12/21/09

Voter-Initiated Petition.
continuation of our 11/23/09 review and comment on the proposed Zoning Map

Petition Hearings at amendment by voter petition for the March 2010 ballot. I regret that Iʼll be unable
to attend that next meeting.

MU Zone has Zero Public

Iʼve been giving a lot of thought to the rezoning proposal and to Lyme

Planning Board Properties/XYZ Dairy LLCʼs neighborhood planning process in advance of this
referendum. Iʼve been weighing the potential for truly smart, sustainable
development against the potential consequences of rezoning as requested under

Input. Cormen asks that

the Cityʼs admittedly outdated current Zoning Ordinance and Map. In a nutshell,
as much as I support the goals of the petitioned amendment and value the
neighborhood planning process, I cannot support the amendment itself, for
reasons outlined in this memo.

Lyme Withdraw Voter- I come to this conclusion with sincere appreciation for Lyme Propertiesʼ
generous, innovative, and substantive planning partnership with its West
Lebanon neighbors. In fact, following that effort as I have since February 2008

Initiated Petition.
moves me to now urge the Planning Board to convene the Planning & Codes
Office, Lyme Properties/XYZ Dairy LLC, neighboring property owners, and the
public in finalizing the attached draft alternative ballot proposal with all possible
speed. This alternative will better achieve the neighborhood and municipal goals
that Lebanon residents have supported throughout not only Lyme Propertiesʼ
unofficial planning process but also the Cityʼs official Master Plan update
process. Through a cooperative and focused effort, I believe we can bring this
alternative proposal successfully to the voters, as further outlined in this memo.

1. Why Iʼd hoped to support the amendment as petitioned

a. The landownerʼs informal neighborhood planning process and conceptual

presentations to the Planning Board and Conservation Commission have
emphasized the following goals:

Conservation-design development, based upon existing natural features

and constraints of the land and river;

Lebanon’s Comprehensive Re-Zoning Process - Began in 2006, Still On-Going

4
Project Timeline - Major Events 2010

Lyme’s Neighborhood Planning Process

River Park Master Plan Design Process Zoning Petitions

Lyme Properties

and Public Vote

Site Plan and Site Plan and Subdivision

Subdivision Review Process
Re-zoning Amendment
On March Ballot Application
3/9 - Re-zoning Passes Preparation
In 2-1 Public Vote

Neighbors Protest Proposal

Lyme
Purchases 6/11 - River Park Site Plan
Property and Subdivision Applications
Filed by Lyme

2007 2008 2009 2010 2011

City Council Agrees to Delay Action

3/4 - 5 Members of City On MU District For 90 Days
Council meet in executive
City of Lebanon

session in advance of 3/9

10 Public Review
Vote.
Meetings Before Planning
Board and City Council

3/1 - City Attorney Writes 3/12 - Planning Staff

6-page Legal Opinon on Introduces Miixed-Use AGENDA
LEBANON CITY COUNCIL
MARCH 17, 2010

How To Overturn River District Proposal to Replace 11. NEW BUSINESS

11.A – DISCUSSION AND SET PUBLIC HEARING FOR JUNE 16, 2010:

Park Amendment If Public Public Referendum Vote. PROPOSED REZONING OF 27.5 ACRES OF LAND (9.18 ACRES OF R-3;
9.17 ACRES OF CBD; AND 9.15 ACRES OF IND-L) TO
A NEW MIXED-USE (M-U) ZONING DISTRICT

Vote Passes Language Matches Councilor BACKGROUND

On October 26, 2009, a voter petition to rezone portions of Tax Map 44, Lots 3 & 7, located on

Cormen’s 12/2009 Memo

Route 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 minimum lot size for a class 3 lot within the R-3 zone, the
request was required to be placed on the annual City Ballot for approval/disapproval by the
voters.

The Council reviewed the petition at their meeting on November 18, 2009, at which time they
requested a legal opinion and forwarded the request to the Planning Board and Conservation
Commission for review and comment.

A legal opinion was received from Attorney Bernie Waugh on November 23, 2009. In general,
Attorney Waugh expressed concerns with two separate issues: (1) a substantial likelihood that,
if challenged, the proposal would be declared illegal "spot zoning"; and (2) the proposal was
problematic from an administrative/enforcement standpoint because the proposed IND-L portion
of the land had no frontage on a city road. The legal opinion was released to the public and
distributed to the Planning Board and Conservation Commission for consideration during their
review.

Lebanon’s Comprehensive Re-Zoning Process - Began in 2006, Still On-Going
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 Conservation
Commission. Based on their findings they recommended disapproval of the proposal due to
spot zoning issues, 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 have
the opportunity to complete its ongoing Master Plan update (to include the future land use 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. The
Conservation Commission reviewed it on December 10, 2009. Both received the presentation
by the Planning Staff and both provided concise explanations to appear on the March ballot.

5 Lebanon City Council

March 17, 2010
Page 35
The City of Lebanon’s Regulatory Process
There are three steps in the Planning Board approval process that any proposed project must go through after a
developer submits an application. Lebanon Zoning Ordinance requires action within 65 Days of Accepting
Application as Complete.
Step 1
Preliminary Subdivision Review
Provides an opportunity for the land
owner and Planning Board to discuss
high level details of proposed
subdivisions without the necessity of
fully developed plans, drawings and
supporting information.
Submitted: June 11, 2010
Deemed Complete: July 20, 2010
65 Days September 23, 2010
Approved on October 5, 2010
Step 2
Site Plan Review
A review of proposed development to
ensure conformance with zoning
regulations. This review is based upon
detailed engineering drawing of
proposed improvements to a given lot
including building placement, parking,
pedestrian movement, driveways,
drainage facilities, utility
configurations, lighting and
landscaping.
Upon completion of review, the
Planning Board votes whether to
approve the proposed site plan.
Submitted: June 11, 2010
Deemed Complete: November 8, 2010
January 12, 2011
Pending Traffic Peer Review (120 Days
Since Application Deemed Complete)
6
Step 3
Final Subdivision Review
A review of subdivision plans based
upon fully developed plans, drawings
and supporting information.
At the conclusion of this review, the
Planning Board votes whether to
authorize the subdivision to be legally
enacted.
Submitted January 10, 2011
Deemed Complete: PENDING
Clock hasn’t started
Pending City Council Vote on River Park
Drive, and Water & Sewer Connections
Project Timeline - Major Events 2011

Lyme’s Neighborhood Planning Process

River Park Master Plan Design Process Zoning Petitions

Lyme Properties

and Public Vote

Site Plan and Site Plan and Subdivision

Subdivision Review Process
Application
Preparation

Lyme
Purchases
Property

2007 2008 2009 2010 2011

City of Lebanon

Lebanon’s Comprehensive Re-Zoning Process - Began in 2006, Still On-Going

7
 Project Timeline - Since 6/11/2010 Application Filing

6/11/2010 11 Months, 1 Day 5/12/2011

65 Days to Act on Site Plan

11/8/2010 1/12/2011
Traffic
Water Study
Sewer Study

1/12/11 - Lyme Pays $2,500

for Hydraulic Modeling Study, After
1/10/11 - Lyme Files Agreeing to Scope and Timeline with
Final Subdivision Application City Staff and Planning Board
1/31/11 - Lyme Pays $12,000 Lyme Asks City
for Sewer Study, After Agreeing Council Not To Vote
12/17/10 - Lyme Pays $9,500
to Scope, Materials, and Timeline On Water & Sewer
for Traffic Study Peer Review
with City Staff and Planning Board Study Conditions

6/11/10 - River Park Site Lyme makes repeated requests

Plan and Subdivision for preliminary Water & Sewer
Applications Filed reports. But is denied.

2010 2011

Councilor Cormen
Recuses Herself, Citing
Conflict of Interest
5/4 City Council
7/12 Planning 8/17 Planning 11/8 Site Plan Application 1/8 Traffic Peer 2/8 Planning Hearing Postponed
Board Hearing Board Hearing Deemed Complete Review Due Board Hearing

7/20 Planning 10/5 Planning 1/31 Planning

Board Hearing Board Hearing 3/30 Planning 5/2 Lyme Meets
Board Hearing. 12/17 City Staff Requests
Staff Requests Board Hearing With City Manager
Preliminary Subdivision Traffic Peer Review.
More InformationPostponed Because
Application Approved. Delaying Site Plan Vote Water & Sewer Study
Not Complete 4/20 City Council Meeting
On Water & Sewer Study

4/15 Water & Sewer Study

Released to City Council
and Lyme Properties. Data
Changed Dramatically
From 1/12 and 1/31 Scope.
Conditions Proposed by City Staff to the Lebanon City Council for allowing River Park
to Connect to Lebanon’s Water & Sewer System

On April 15th the Lebanon City Staff recommended 4 conditions for River Park’s connection to the City’s
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 to
River Park With a New 12” Water Main

9
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” PVC
sewer main and distribution system for the entire project. Projected flow rates for River Park were prepared by AHA, a
leading 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 Avenue
to the Bridge Street connector, which would allow all of the residents of Crafts Avenue to connect to a new sanitary
sewer line, keeping the exising sewer line in place for storm water.

RIV
ER
E.
R AFTS AV PARK DRIVE
C

0
TE 1
ROU

10
Faults in Sewer Study - Flow Rates

The City’s condition for the larger sewer line is based on inaccurate flow rate data. The amount of sewage that is
estimated to flow from the project each day, as measured in Gallons Per Day (GPD) per 1,000 Square Feet of
constructed 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 City’s rate is almost triple the New Hampshire
standard, and double that which has been proposed by Holden. It is more than triple the flow rate average of 9
comparable buildings in Lebanon.

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

Centerra Biolabs - 7 Lucent Drive, Lebanon, NH

Built by Lyme Properties in 2003.

11
Faults in Sewer Study - Peak Flow Rates

Crafts Avenue Sewer Peak Flow Data

Data collected in March–May 2004.

Corner of Crafts Avenue and Beyerle Street, Lebanon, NH

The existing Sewer on Crafts Avenue is a Combined Sewer System.
12
Faults in Sewer Study - False Assumptions

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

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 rates
already include a peaking factor to avoid overloading the on-site septic system, so applying those numbers
results in grossly inflated flow rates. In fact, this is the only place that we have found the 150gpd number.

3. The flow was calculated using the rate for the clay pipe that is currently under Crafts Avenue, and not the
faster 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 were
based on an alternative standard of the pipe running half-full.

13
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 to
a 12” water main in Route 10, 1,300ft. north of the entrance to The Falls. It provides adequate water pressure
to all River Park buildings, the newly installed fire hydrants along “River Park Drive.” This water line
reconnects 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, creating
a 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.

RIV
.
ER
AFTS AVE PARK DRIVE
CR

0
TE 1
ROU

14
Condition 4. Replace Existing Water Main in Route 10, Between Fountain Way and Southerly Entrance to River Park
With 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 repave
Route 10 and that there would be a 7-year (2009–2016) moratorium on water and sewer installations once
the paving was complete.

After a series of meetings with the City of Lebanon, Lyme paid for the installation of an 8" water line with
shutoffs 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 to
solicit competitive bids, and as a result paid $26,245 for this connection.

RIV
.
ER
E
R AFTS AV PARK DRIVE
C

0
OU TE 1
R

15
Water Line - In Conclusion

We continue to believe that the original system proposed by Holden Engineering is adequate, and the analysis
done by Advanced Geomatics & Design supports that case. Our proposed system has since been evaluated by
AG&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 2
connections.

Centerra Lebanon Airpark Dartmouth Hitchcock Medical Center

1 Water Connection 1 Water Connection 2 Water Connections

16
Condition 3. Reconstruct Crafts Avenue to City Standards
One of the neighbors’ major concerns during the River
Park Neighborhood Planning Process was limiting an
increase of traffic on Crafts Avenue, which is already
being used as a short-cut to avoid the intersection at
Main and Bridge Streets. Our neighbors want to
protect the quiet, “residential” quality of the street and
Lyme agrees.

The City’s Conditions call for the road to be rebuilt to

“City Standards”
24 Feet

We know that this is not what the Citizens want, and

risks being a repeat of the School Street fiasco with
yards and trees being significantly impacted.

17