TOWN OF FREEPORT Planning Department June 10, 2010 TO: Dale Olmstead From: Donna Larson RE: Freeport Housing Trust Contract Zone On June 2, 2010 at 5PM a site walk was conducted for members of the Town Council, Planning Board, and Project Review Board as well as the public. On June 2, 2010, the Planning Board reviewed the application and made the following advisory opinion to the Project Review Board: The Freeport Planning Board finds that the size and height of the building proposed by the Freeport Housing Trust is acceptable as the project is adequately buffered from surrounding properties, and is sensitive to the environment. In addition, the increased density is acceptable as senior housing typically has a low volume of traffic. The Board further finds that the project is consistent with the Comprehensive Plan s recommendations to allow a variety of housing types and to encourage new rental housing that is affordable to lower income families and elderly households. Lastly, the planning Board prefers the building with the flat roof as solar panels are more easily installed and the building blends better into the natural environment. Vote: unanimous On June 9, 2010, the Project Review Board reviewed the request and a draft contract and held a public hearing on the proposed request for a contract zoning agreement. The Board made the following motion: The Project Review Board moved to recommend a contract zone agreement to the Freeport Town Council for an application for the Freeport Housing Trust property on South Street (a portion of Tax Assessor Map 10, Lot 19), plans dated March 2010, in that the Project review Board after reviewing the applicant s materials and considering comments made by the Freeport Planning Board, determines that the application is an appropriate use of contract zoning with the proposed conditions of the contract being included in a document titled Contract Zoning Agreement between the Town of Freeport Housing Trust, Inc. During the discussion of the request, the Project Review Board were shown architectural elevations of the building with a flat roof and with a pitched roof. The Board agreed with the finding of the Planning Board that the building with the flat roof was preferable for the same reasons that the Planning Board stated. Vote: unanimous Checklist of information to be submitted 1. How the process began The Freeport Housing Trust (FHT) brought in conceptual plans for a new building on their South Street location. The proposed building had a footprint of 7,500 s.f., the allowable footprint is
2,500 square feet. The Trust asked if contract zoning was permitted. Contract zoning is permitted in the VMU 2 District, but not the VMU 3 District. In August, the Freeport Housing Trust requested the Town Council amend the Zoning Ordinance. The Town Council agreed that a change might be appropriate and asked the Planning Board to review the issue. The Planning Board held a public hearing on October 7, 2009, and recommended that the zoning district be changed. The Town Council held a public hearing on January 26, 2010. The FHT submitted a request for a contract zoning agreement on May 23, 2010. The Town Council reviewed that request, held a public hearing, determined that request was an appropriate use of contract zoning and forwarded the application to the Project Review Board. The FHT hosted a workshop to discuss different architectural designs. 2. Name of applicant (town council, planning board, property owner) The Freeport Housing Trust, Inc. 3. Copy of application, if any The application is not attached as it was previously submitted to the Town Council for the public hearing to determine if the proposal was an appropriate use of contract zoning. 4. Proposed ordinance language with omission struck through and additions underlined See attached draft contract. 5. Memo describing the change, options that were considered, reasons for the change, and other information that supports the Board s decision The Council has determined that this request is an appropriate use of contract zoning. The other option was to consider a zoning amendment that would increase building footprint in the entire district or to eliminate it completely. That option had the potential to significantly change the character of the district. 6. Copies of plans that were submitted as part of the package See attached Exhibit B. 7. How information on the amendment was made available to the public (posted on website, available in the town office, notifications that were sent) A notice was sent to every property owner within 900 feet of the FHT property on South Street for the two meetings held by the Project Review Board and the site walk for a total of three different notices. In addition, notices of the various meetings were posted on the website, the town offices, the library, and the public safety building. All supporting documents were available at the town offices.
TOWN OF FREEPORT Planning Department March 29, 2010 TO: FROM: RE: Dale Olmstead Donna Larson Contract Zoning The Freeport Housing Trust (FHT) has submitted an application for contract zoning. The request is for the Oak Leaf Terrace development on South Street. FHT is proposing to construct a building with a 7,100 square foot footprint that would contain 22 apartments. The Village Mixed Use 2 District restricts building footprints to 2,500 square feet. The contract zoning request is to allow a building footprint of 7,100 square feet. The first step is for the Town Council to hold a public hearing to determine if the request is an appropriate use of contract zoning (see attached section 204 from the Freeport Zoning Ordinance). In making that decision the Town Council shall consider factors such as, but not limited to: The project s sensitivity to the environment, The project s compatibility with the surrounding properties or the ability to adequately buffer the project from surrounding properties, The project will not create an adverse traffic or circulation impact, The appropriate parts of the land are being developed and are being left in their natural state. If the Council decides that contract zoning is appropriate for the project, it is forwarded to the Project Review Board for their review and recommendation and the development of a draft contract. Once that is completed, the Town Council would then hold another public hearing to review and consider approval of a contract.
Section 204 Contract Zoning 204.1 Authority and purpose Pursuant to 30-A M.R.S.A., Section 4352, contract zoning is hereby authorized for rezoning of property by the Town Council where, for reasons such as the unusual nature or the unique location of a proposed development, the Town Council finds it appropriate and in the best interest of the town to rezone the property by agreement with the property owner. In such cases, the Town Council shall impose conditions or restrictions in order to ensure that the rezoning is consistent with the town s Comprehensive Plan, compatible with the existing uses in the zone and with the other allowed uses in the zone. Nothing in this section shall authorize an agreement which is inconsistent with the Town s Comprehensive Plan. 204.2 Applicability Contract zoning is authorized in the following zoning districts only; Village Commercial 1 (VC-1), Village Commercial 2 (VC-2), Village Commercial 3 (VC- 3), Village Commercial 4 (VC-4), Village Mixed Use 1 (VMU1), Village Mixed Use 2 (VMU 2), Industrial 1 (I-1), Industrial 2 (I-2), Commercial 1 (C-1), Commercial 2 (C-2), Commercial 3 (C-3), and Commercial 4 (C-4). 204.3 Notice and hearing a. The Town Council shall conduct a public hearing as governed by Section 2.13 of the Charter of the Town of Freeport prior to referring an application to the Project Review Board. The purpose of this public hearing is for the Council to determine if the proposed application is an appropriate use of contract zoning. In determining if an application is an appropriate use of contract zoning the Council shall consider factors such as, but not limited to, its sensitivity to the environment, its compatibility with the surrounding properties or the ability to adequately buffer the project from surrounding properties, it will not create an adverse traffic or circulation impact, and the appropriate parts of the land are being developed and are being left in their natural state. b. Before a recommendation is made by the Project Review Board, the Planning Board shall review requests for contract zoning and shall provide advisory comments to the Project Review Board. c. The Project Review Board shall conduct a public hearing prior to making a recommendation to the Town Council on the request for contract zoning. Notice of the hearing shall be: i) posted in the town clerk s office at least thirteen (13) days prior to the public hearing, ii) published in a newspaper of general circulation within the town at least two (2) times, the date of the first publication to be at least seven (7) days prior to the hearing, and
iii) mailed to the owner or owners of the property to be rezoned and to the owners of all property within 900 of the property to be rezoned at their last known address. This notice shall contain a copy of the proposed conditions and restrictions, with a map indicating the property to be rezoned. d. Town Council procedure is governed by Section 2.13 of the Charter of the Town of Freeport. e. Notice also must be sent to a public drinking water supplier if the area to be rezoned is within its source water protection area or if the area is within the water district service area. f. Notice also must be sent to the sewer district if the area is within the sewer district service area. 204.4 Conditions and restrictions Any zone change adopted pursuant to this section shall be subject to a contractual agreement executed by authorized representatives of both the property owner and the Town, providing for the implementation and enforcement of the conditions of the agreement. Conditions may be met on the site or off the site. Conditions and restrictions shall only relate to the physical development and operation of the development, such as, but not limited to: a. limitations on the number and type of uses allowed on the property; b. the height and lot coverage of any structure; c. the setback of any structure; d. the installation, operation and maintenance of physical improvements such as parking lots, traffic control devices, fencing, shrubbery and screening; e. the creation of open space areas, public areas, or buffer zones; f. the dedication of property for public purposes, such as streets, parks, utility systems; and conservation easements; g. the required number of parking spaces, not applicable in the VC-1 district, and/or h. expansions of grandfathered (e.g., legal) non-conforming uses 204.5 Procedures Applications for contract zoning shall also be subject to the provisions of Section 203.A, subsections 1, 2, 4 and 7. Adopted May 15, 2007, effective as of March 4, 2008 when the Town Council adopted standards for contract zoning applications.
CONTRACT ZONING AGREEMENT BETWEEN THE TOWN OF FREEPORT AND FREEPORT HOUSING TRUST, INC. This Contract Zoning Agreement made as of the (day) date of (month), 2010, by and between the TOWN OF FREEPORT, a body corporate and politic, located in the County of Cumberland and State of Maine (hereinafter the Town ), and FREEPORT HOUSING TRUST INC., a Maine non-profit corporation, with an address of P.O. Box 625, Freeport, ME ( Freeport Housing Trust ) pursuant to the Contract Zoning provisions of Section 204 of the Freeport Zoning Ordinance: WHEREAS, Freeport Housing Trust intends to construct a multi-family senior housing apartment building (the Project ) on a parcel or real estate located at South Street, Freeport, Maine, consisting of approximately 2.13 acres, being shown as a portion of Lot 19 on the Town s Tax Map 10 (to be created at a later date), such property being the premises described on Exhibit A (the Property ); and WHEREAS, the Property is currently in the Village Mixed Use 2 District (VMU-2) under the Freeport Zoning Ordinance; and WHEREAS, the Village Mixed Use 2 District (VMU-2) presently allows, as a permitted use, multi-family dwellings with a building footprint not to exceed 2,500 square feet, a building height not to exceed 35 feet, and a density not to exceed one (1) unit per 2,500 square feet of net residential acreage as defined in the Freeport Zoning Ordinance; and WHEREAS, Freeport Housing Trust wishes to develop the Project as a multi-family dwelling unit with a building footprint not to exceed 8,000 square feet, the building height shall be no greater than 3 stories, and a density not to exceed 2,100 square feet of net residential acreage as defined in the Freeport Zoning Ordinance ; and WHEREAS, the Property contains several select mature trees along the railroad tracks on the west side of the Property and along the gully on the south side of the Property that will be preserved as part of the Buffer Zone shown on the Oak Leaf 2 Senior Housing Site Plan prepared by Carroll Associates, dated June 9, 2010, and attached hereto as Exhibit B. That plan further designates which size and species of trees will be preserved and which may be removed. In addition, new evergreen trees will be planted in the Buffer Zone to fill any gaps that may be created. The details of trees that will be planted to fill gaps in this area will be resolved during the Site Plan Review process. The combination of preserving existing vegetation and planting new trees is intended to provide an adequate amount and quality of vegetative buffering from adjacent properties; and WHEREAS, the building will be set back from South Street at least 400 and at least 100 from the property line to the south; and WHEREAS, on April 27, 2010 the Town Council found that the application was an appropriate use of Contract Zoning and Page 1 of 4
WHEREAS, pursuant to Section 204, Subsection 3 of the Zoning Ordinance and 30-A M.R.S.A. 4352(8), and after notice and hearing and due deliberation thereon, the Freeport Project Review Board recommended the rezoning of the Property as aforesaid; and WHEREAS, pursuant to Section 204, Subsection 3b of the Zoning Ordinance, the Freeport Planning Board reviewed the request for contract zoning and made advisory comments to the Project Review Board of the rezoning of the Property as aforesaid; and WHEREAS, the Project is sensitive to the environment, is compatible with surrounding properties, will not create an adverse impact on traffic and/or circulation in the area, and the appropriate parts of the land are being developed and are being left in their natural state, provided the operation is restricted to the density, scale and building design as proposed by Freeport Housing Trust and further provided that the restrictions of this Contract Zoning Agreement are observed; and WHEREAS, the Project will serve the Town s goal of fostering and accommodating a diverse population in the Town (Chapter 15(A) of the Comprehensive Plan) by constructing the affordable housing project to serve the needs of the elderly in Freeport and the region; and WHEREAS, in accordance with Chapter 7 Affordable Housing, Goal #2 of the Comprehensive Plan, the Project encourages the creation of new rental housing that is affordable to lower income and elderly households, and the Project is consistent with Goal #6 ensuring that Freeport s current and future zoning and land use regulations do not create an undue hindrance to the development of affordable housing. WHEREAS, the rezoning provided in this Agreement, therefore, would be consistent with the Policies and Future Land Use Plan of Part III of the Freeport Comprehensive Plan; and WHEREAS, the Town of Freeport, by and through its Town Council, therefore, has determined that the said rezoning would be pursuant to and consistent with the Town s local growth program and Comprehensive Plan adopted pursuant to Title 30-A, Maine Revised Statutes, Chapter 187, Sub-part 6-A, and consistent with the existing and permitted uses within the original zoning district classification and has authorized the executive of this Contract Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises made by each party to the other, the parties covenant and agree as follows: 1. Freeport Housing Trust is authorized to create a multiple family affordable housing development, at the Property, subject to the following conditions: (a) Building Footprint and Height: The maximum allowable building footprint for the building shall be 8,000 square feet and the maximum building height shall be no greater than 3 stories. (b) Building Design: Building design, style and materials shall be substantially as depicted on the building elevations submitted to and endorsed by the Project Review Page 2 of 4
Board, with any changes thereto as approved by the Town Council or the Project Review Board during the Site Plan Review process. (c) Landscaping: After the date of approval of this Contract Zoning Agreement, any and all removal of existing trees or other vegetation within the Buffer Zone shown on Exhibit B shall only be done in accordance with said Exhibit B. Landscaping details will be approved by the Project Review Board during the Site Plan Review process. (d) Density: The maximum net residential density of the Project shall be no greater than 1 unit per 2,100 square feet of net residential acreage as defined in the Freeport Zoning Ordinance. (e) sewer. Sewer and Water: The facility will be served by both public water and public (f) Site Plan: Any amendment to the proposed plan that changes the building footprint, building height, or density beyond what is allowed by this agreement will require an amendment to this Contract Zoning Agreement. 3. Freeport Housing Trust shall record this Contract Zoning Agreement in the Cumberland County Registry of Deeds within 30 days after its execution by the Town Manager. 4. The provisions of this Contract Zoning Agreement shall operate as an overlay zone and except as otherwise set forth in this Agreement, all other requirements of the underlying Zoning District shall apply (other than the maximum net residential density, building footprint limitation, as set forth in Section 2 above). The restrictions, provisions and conditions of this Agreement are an essential part of the rezoning, shall run with the Property, shall bind Freeport Housing Trust, its successors and assigns, with respect to the Property or any part thereof, and shall inure to the benefit of and be enforceable by the Town of Freeport. Except as expressly modified herein, the use and occupancy of the Property shall be governed by and comply with the provisions of the Zoning Ordinance of the Town of Freeport (as applicable) and any applicable amendments thereto or replacement thereof. The Town shall have the power to enforce all conditions and restrictions of this Agreement, both through enforcement action pursuant to Section 601 of the Freeport Zoning Ordinance and through legal action for specific performance of this Agreement. In the event that Freeport Housing Trust or it successors or assigns fail to develop the Project in accordance with this Agreement, or in the event of any other breach hereof, and such failure or breach continues for a period of thirty (30) days after written notice of such failure or breach cannot reasonably be remedied or cured within such thirty (30) day period, if Freeport Housing Trust, its successors or assigns, fails to commence to cure or remedy such failure or breach within said thirty (30) day period and thereafter fails to diligently prosecute such cure or remedy to completion in a reasonable time, then this Agreement may be terminated by vote of the Freeport Town Council. In that event, the Property may then be used only for such uses as otherwise allowed by law. The recitals set forth above are an integral part of this Agreement. Page 3 of 4
WITNESS: TOWN OF FREEPORT By: Dale Olmstead, Its Town Manager duly authorized by vote of the Freeport Town Council on date WITNESS: FREEPORT HOUSING TRUST, INC. By: Christopher Roney, Its President STATE OF MAINE CUMBERLAND, SS, 2010 Personally appeared the above-named Dale Olmstead, Town Manager of the Town of Freeport as aforesaid, and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of the Town of Freeport. Before me, Notary Public/Attorney-at-Law Print name: My commission expires: STATE OF MAINE CUMBERLAND, SS, 2010 Personally appeared the above-named Christopher Roney, President of Freeport Housing Trust, Inc., as aforesaid, and acknowledged the foregoing instrument to be his free act and deed in his said capacity and the free act and deed of said nonprofit corporation. Before me, Notary Public/Attorney-at-Law Print name: My commission expires: Page 4 of 4
EXHIBIT 'B'