Preliminary Draft for the Gray Town Council
I. Request to Analyze Town of Gray Regulations:
On November 17, Gary Foster, Chair of the Gray Town Council, requested the Community Economic Development Committee analyze the processes and procedures that the Town of Gray employs to review development applications. Gary expressed a desire to implement changes at the Council level that will make Gray more attractive to businesses and to improve the user friendliness for both residential and business applications.
Development in Gray occurs predominantly in three areas – residential, commercial and industrial, and recreational:
II. Recent Development Experience:
A. Residential:
Residential growth in Gray has accelerated appreciably in recent years. In the past four years the Planning Board has approved applications for the following major subdivisions:
Year # of subdivisions Total # of lots
2001 – 2002 2 subdivisions 10 lots
2002 – 2003 3 subdivisions 65 lots
2003 – 2004 6 subdivisions 85 lots
2004 – 2005 12 subdivisions 156 lots
Residential development is driven by Gray’s location between several larger cities, the availability of land for residential development, zoning rules that encourage duplex construction and a lower land costs for building lots than in adjacent communities.
B. Commercial and Industrial:
The Planning Board received 20 commercial and industrial applications in the past four years. Approved applications include:
1. Merrill Farms modernization
2. Gobeils Furniture expansion
3. Equestrian Center construction
4. Spring Meadows Country Club & Gold Course construction
5. Tombarelli’s Restaurant and Antique Shop
6. Briggs Equipment Sales Office & Warehouse construction
7. Bruns Bros. – Kassaborough building conversion
8. Gray Family Vision Center construction
9. Environmental Properties Inc.
10. Two child day care facilities
11. 4,500 square foot retail building construction in Gray Plaza
12. 4,900 square foot Animal Hospital construction off of Route 100 North
13. First Impressions on Main Street
14. Barber Shop
15. Copp Motors redevelopment – (Approved Site Plan)
16. Mobil Station conversion
17. Gillies Lumber Co. - construction of a 24 x 40 building
18. Office Building at NorthBrook
19. Horton Horticultural Wholesale Nursery
20. Dugout Ice Cream Shop
Reasons for the small number of applications for commercial and industrial permit applications are:
1. Competition from other Maine communities utilizing financial incentives (TIF’s and Pine Tree Zone)
2. A lack of property zoned for business purposes
3. Confusing and sometimes outdated zoning rules
4. The lack of a process to consider and review unique applications in a timely manner.
5. The absence of a dedicated organization for economic development whose full-time purpose is promoting quality commercial and business development to locate in Gray.
C. Recreational:
Recreational growth has been very slow in developing during the last ten years. The only significant recreational construction in recent years has been the Spring Meadows Golf Course, recreational trails at Merrill Farm/Broad Pond Loop, Good Shepherd multi-purpose building, Tee ‘Em Up Golf Center, and the hiking and cross country skiing trails at Pineland Farms. Other Gray attractions and recreational facilities that provide recreational opportunities for the community are limited. The Gray Animal Farm, Libby Hill, Woolen Mill Site, State Lands (Depot Road and Route 202), and the YMCA in New Gloucester are examples.
The current explosion in residential development will clearly bring a need for additional recreational facilities and place increasing demands on existing facilities.
III. Recommendations:
A. Review and Update Existing Zoning Rules and Ordinances:
1. Goal – Review and update existing Zoning Rules
2. Responsibility – Town Council/ORC (including Code Enforcement Officer)
3. Expectations – Review and recommend revisions for updating current Zoning Rules within 6 months.
The existing zoning rules are unclear, sometimes confusing and out of date with current day construction methods and technology. The zoning document contains dated language, statements in some sections that are in conflict with other sections, and poorly written rules that create confusion and misunderstanding regarding intent. The existing zoning rules need to be rewritten to improve understanding and to be reviewed for compatibility with currently accepted procedures and requirements. Ideally the zoning rules should encourage or reward quality construction while protecting the health, safety and welfare of the public without placing onerous restrictions on the applicants. It is human nature to want to prepare the best document possible. This occasionally leads to a lengthy process of
intensive recursive review of any proposed zoning change. A more timely process is needed to update zoning rules.
B. Zone Changes and Modifications:
1. Goal - Define a policy to streamlined the procedural process to implement zone changes
2. Responsibility – Town Council/ORC
3. Expectations
a. Applications for new zone modifications shall be reviewed and ruling made within three months
b. Develop a process for reviewing requests for temporary zone accommodations for periods of less than two years within six months
Businesses occasionally require zone modifications or changes to allow the construction of facilities or modification to existing facilities for new enterprises. Occasionally the need is short-term in duration and the applicant requires a timely review to allow the business to take advantage of the business opportunity. Applicants deserve to have a procedure for achieving quick and fair review of zone modification requests.
Example 1: In 2004 Pineland Farms requested a minor zone modification to incorporate a new classification (Agritourism) in the RRA zone. The request was to allow modifications to existing facilities and the construction of new buildings on farms in the RRA zone to provide lodging and meals for overnight visitors. The zone change review was very cumbersome and tedious causing unnecessary delays of this desirable investment in our community, not only by Pineland Farms but by any potential investor. The zone modification was approved in January 2006. Several Town Council and Town Committee representatives commented that the approval process clearly took too long.
Example 2: In another situation, a local business verbally explored the feasibility of a temporary expansion into a vacant building in Gray with Town Staff. Staff offered to help the applicant process a request to allow the temporary expansion into an area that was not zoned for industrial activity. The applicant advised Staff not to pursue further action because the applicant did not have the lead-time required for public hearings and review. Consequently the request was not formally discussed by the Council or reviewed at a public meeting. The business elected to locate the temporary business in an adjacent community having available facilities.
Example 3: Several commercial real-estate brokers marketing property in Gray have recommended that the Town the analyze and review its current space, impervious surface coverage and setback requirements specified in the existing Zoning Rules to determine if the requirements are consistent with generally accepted design standards and building requirements. The brokers stress that changes should preserve requirements that are needed to maintain the health, safety and welfare of the public and protect the community from environmental contamination.
Example 4: A Canadian food processing firm advertised that it had an interest in building a facility in Maine. Gray submitted an application to the company for consideration but the location offered was restricted to the NorthBrook Business Campus since that was the only location having 35 acres of land zoned for such a facility.
C. Increase Size of the Business/Industrial Zone:
1. Goal – Increase the amount and location of sites suitable for industrial usage
2. Responsibility – Town Council/ORC
3. Expectations – Recommendation contained in the Comprehensive Plan (Chapter 2) that have been discussed but not enacted.
There are two locations in Gray that are zoned for industrial usage and currently available to prospective businesses. The NorthBrook Complex has approximately 45 acres available – three lots of approximately 3 acres and four lots in the 8 to 10 acre range. The Copp facility of 32 acres is also available but potential investors might be more interested in using that site for commercial development. There is a shortage of large tracks of land zoned for industrial uses (See Objective # 9 of the “Economic Growth Strategy” listed in the Comprehensive Plan). The acreage zoned for business and industrial development should be increased by 150 acres. An increase in the property zoned for business and industrial development would provide more options for business that wish to locate
in Gray.
D. Modify existing zoning ordinances and include in any new ordinances a focus more on quality aspects of new construction (Architectural, Design Standards or Performance Standards).
1. Goal – Incorporate design, architectural and performance standards in the zoning regulations. Create an environment that encourages and rewards high quality construction.
2. Responsibility – Town Council/Planning Board/ORC
3. Expectations – Review zoning rules and recommend changes to incorporate design standards within one year
The Planning Board is responsible for reviewing and verifying that applications for new construction meet all State and local regulatory requirements and protect the Health, Safety and Welfare of the public, while ORC has the responsibility for suggesting and creating zoning changes. Current regulations focus largely on where various types of construction can be built and space requirements for the various types of construction. Placing design, architectural and performance standards for new construction in the regulations would provide prospective builders with clear guidance thereby reducing the amount of verbal sparring that currently occurs when the Planning Board encourages an applicant to provide features that are desirable but not specifically listed in the current regulations. Sidewalks,
hard surface curbs, underground utilities, fire protection equipment and dual egress to different roads are a few of the features that should be included in new building requirements rather than having the town be responsible for adding infrastructure at a later date.
Design, architectural or performance standards for commercial and industrial complexes, cluster housing, apartments, residential subdivisions and duplex units would enhance the health, safety and welfare of the community and should be mandatory for such facilities.
E. Fast Track Approval Process for Business/Industrial Applications:
1. Goal – Develop a fast track review process for business/industrial applications
2. Responsibility – Town Council/Planning Board
3. Expectations – Complete recommendation to incorporate a fast track Planning Board process within one year
Develop a fast track approval process for business, commercial and production facility applications that does not sacrifice Planning Board oversight. The following table shows that the tax mix in Gray has been becoming increasingly more residential and less business based.
Town of Gray Tax Revenue Mix:
Year % Residential % Business/Commercial
2002 88.2 11.8
2003 91.1 8.9
4/2004 91.2 8.8
Typically business and commercial entities require less service from the town than residential units, consequently a greater number of business/commercial/production units would reduce the tax burden. A fast track application and review process for business applications would result in more business and a lower tax burden. In concept the fast track process would include a list of items required by the applicant. When the applicant complies with the requirements, a review would be completed within 4 weeks with a site walk and an application decision within 8 weeks.
F. Improve the Marketing Effort for Prospective Businesses:
1. Goal – Improve the Marketing effort for the Town of Gray
2. Responsibility – CEDC/Town Planner/Town Council
3. Expectations – Complete the marketing program in three months
The Town of Gray occasionally receives inquires from prospective business and organizations regarding the opportunity to locate new business in the town. The Town Planner currently provides information to these prospective business entities. The marketing effort needs to be strengthened to have multiple people in the local community provide assistance and support to prospective business applicants. The applicant should know that Gray is interested in new quality business development.
In order to support this effort the following steps are recommended to enhance the marketing strategy:
1. Prepare a program to aggressively solicit new business to the community. Need agreement and support from the community regarding the type of support the community is willing to provide.
2. Provide Town Staff with text materials of marketing information to be added to the Town web site.
3. Develop a talking points outline for hosts to use when showing the community to prospective businesses.
4. Update and improve the current brochure for addition to the Town website.
5. Encourage, promote and support business and community entrepreneurship
6. Develop and implement a gateway beautification program that focuses on public rights-of-way and the adjoining private property to provide a more pleasing view when traveling through our community.
7. Develop a marketing program targeting the businesses that locate in the Pineland Farms complex to let them know about the business capabilities in Gray.
8. Prepare possible business uses for town facilities and tax-acquired properties that are not currently in productive use.
G. Recreational Fee Review:
1. Goal – Review the current recreational fee & recommend changes if warranted.
2. Responsibility – Planning Board/Town Council
3. Expectations – Complete review and submit recommendation within three months as described in the Comprehensive Plan.
The present recreational fee for each lot in a subdivision is $ 300.00 per residential unit. Each new residence in town increases the demand for community services; library, parks, recreational facilities, recreational programs, town roads and maintenance are a few examples. The current fees should be analyzed and reviewed to ensure that the new home pays an equitable amount for such services.
H. Interconnecting Town Roads:
1. Goal - Improve traffic flow in Gray by upgrading the local road system
2. Responsibility – Town Council/Planning Board
3. Expectations – Provide revised requirements for traffic flow when submitting a site plan application.
New facilities add to the traffic burden in Gray. These new facilities need to be designed and built in a fashion that will lessen the existing traffic burden rather than to just add to the significant traffic congestion that exists in Gray. The town ordinances should provide a philosophy statement that new projects are expected to:
1. Improve the short-term flow of traffic. New projects should be encouraged, or possibly required, to provide roads that interconnect to connecting roads to improve traffic flow around Gray Center.
2. Provide a funding mechanism to solve long-term local road infrastructure needs. New interconnecting roads will be needed to effectively accommodate the increased traffic demands created by new development.
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J. Statement of Business Support:
1. Goal – Communicate Community support for new and existing businesses and encouragement of appropriate economic development.
2. Responsibility – Town Council
3. Expectations – Prepare statement and insert on web page within two months
The Town Council should prepare a clear and consistent statement that supports the existing businesses and encourages new business development in Gray. This support is important for the local economy and necessary to provide important services to the community.
K. Develop Contract Zoning Process:
1. Goal – Study the desirability of including contract zoning for those for those businesses that desire to locate in Gray but do not comply with current regulations.
2. Responsibility – Planning Board/ORC/Town Council
3. Expectations - Complete the analysis within three months
Zoning rules and guidelines are designed to provide guidance and regulatory review for the typical application. However; on occasion, unique situation and opportunities develop that require consideration for special review. The Town should review the need to develop an effective process to allow such an applicant to submit a proposal and receive a timely review and hearing before a decision-making Committee or Board. Simply saying the zone does not allow the type of business is closing the door to an investment opportunity.
L. Improve Pedestrian Access in Gray Center:
1. Goal – Improve Pedestrian access at the center of town.
2. Responsibility – Town Manager/Town Planner/Downtown Development Committee
3. Expectations - Explore the possibility of the State of Maine providing facilities to provide safe pedestrian access.
The State roads in the center of Town effectively keep vehicle traffic moving at the expense of severely restricting pedestrian access and safety. Pedestrian access across Route 26 and Route 100 North & South is difficult and dangerous. The feasibility of adding more effective crosswalk lights or overhead/underground crosswalks should be explored. Facilities should accommodate both vehicle traffic and pedestrian access.
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