City of Westbrook, ME Contract Zones

Pursuant to the provisions of the Westbrook Land Use Ordinance, a parcel of land on East Bridge Street shown as Lot 10 and 010B on Tax Map 12, shall be rezoned to allow the Westbrook Housing Authority to construct up to 140 units of elderly housing. Said property is rezoned subject to the following conditions, which have been recommended by the Westbrook Planning Board and are incorporated herein:

The development is to contain a first phase of no more than 100 units of one-bedroom apartments, all of which are to be occupied by qualified elderly (age 55 or over) or disabled households ("Phase I"). The project may also contain an adult day-care facility for no more than 20 individuals. Phase II shall contain 38 units of affordable housing for qualified elderly or disabled households located adjacent to Phase I ("Phase II"). Development of Phase I shall take place in accordance with the plans of East Bridge Woods by John H. Leasure Architect and Caruthers Engineers, dated November 17, 1989 (the "Phase I Plan"), which plans are incorporated herein by reference and made a part of this approval, and in accordance with a plan entitled "Conceptual Site Plan," Millbrook Estates Phases I and II, East Bridge Street, Westbrook, Maine, by St. Germain Collins, dated April 4, 2014.

The remainder of the property, exclusive of parking areas, sidewalks and other elements shown on the site plans approved by the City of Westbrook Planning Board, shall remain as open space permanently and shall be so marked on the site plans to be submitted to the Planning Board.

Dimension requirements. The requirements of the underlying district shall apply except as follows:

(1)

Yard setback:

(a)

There shall be no setback required from the property line dividing Phases I and II, which shall be physically connected with an enclosed corridor, and benefitted by easements for pedestrian passage between Phases I and II.

(2)

Maximum building height:

(a)

Phase I: three stories.

(b)

Phase II: four stories.

Payment in lieu of taxes.

(1)

So long as the project may be treated for tax purposes as owned and operated by Westbrook Housing Authority or its affiliated 501(c)(3) corporation, Westbrook Development Corporation, the Phase I property shall be assessed each year and shall pay to the City of Westbrook a sum in lieu of real property taxes of $20,000 to cover the cost of providing necessary municipal services to Phase I.

(a)

The amount of the sum in lieu of taxes paid for Phase I shall increase by 2% annually, commencing July 1, 2023, whether a payment in lieu of taxes arrangement is then in place, so that when such arrangement is in place the sum due shall be based upon the increases since July 1, 2023.

(2)

Phase II shall be assessed each year and shall pay to the City of Westbrook a sum in lieu of real property taxes of $20,000 to cover the cost of providing necessary municipal services to Phase II.

(a)

The amount of the sum in lieu of taxes paid for Phase II shall increase by 2% annually, commencing with the third fiscal year after Phase II has been placed in service.

(3)

This provision shall not apply to either of Phase I or Phase II at any time when a tax increment financing credit enhancement agreement is in effect for such phase.

Sidewalks shall be maintained on both sides of the proposed driveway from East Bridge Street as shown on the above-referenced plan.

Covenant.

(1)

This project shall be subject to a long-term restrictive covenant that shall be recorded in the Registry of Deeds and that shall be binding on successors and assigns of the project, to be held and enforced by the Maine State Housing Authority ("MaineHousing"), or its successor, requiring that the project remain a low- to moderate-income elderly housing project (the "affordability covenant") for the following terms:

(a)

For Phase I, for a term of not less than 120 years from November 1, 1991; and

(b)

For Phase II for a term of not less than 45 years from July 1, 2017.

(2)

For purposes of this covenant, the term "low income" shall mean that the project shall be occupied by and affordable to individuals whose income does not exceed 60% of area median income as determined and administered by MaineHousing in accordance with its rules and requirements; and the term "moderate income" shall mean that the project shall be occupied by and be affordable to individuals whose income does not exceed 120% of area median income as determined and administered by MaineHousing in accordance with its applicable rules and requirements.

(3)

Not less than 60% of the units in Phase I or Phase II shall be low-income units.

(4)

The affordability restriction contained in this Subsection F shall not apply to transfers resulting from the foreclosure of a mortgage upon the project held by a financial institution, governmental agency or public instrumentality, including, without limitation, MaineHousing, or from a deed in lieu of foreclosure from such a mortgage holder.

§ 335-6.2 Contract Zone 2, Brydon Farm.

[Added by Ord. No. 2000-127; amended 12-21-2020 by Ord. No. 2020-153]

Order that the Brydon property, Tax Map 58, Lot 1 and Tax Map 55, Lot 21 be rezoned pursuant to the provisions of the conditional zoning (the Westbrook Land Use Ordinance) and subject to the following conditions as reviewed and recommended by the Planning Board:

Property use. Brydon Farm is proposed as a clustered residential development consisting of two-unit attached homes. The property surrounding the units will be commonly owned and maintained by a homeowners' association with the exception of the roadway that will be dedicated for public use. The roadway will have access to Route 302 and Pride Street.

The new "contract 2" zone will have the following standards:

Permitted uses.

Dwellings.

Accessory building.

Space and bulk requirements.

(a)

Maximum net residential density: four dwelling units per net residential acre.

(b)

Minimum lot area: none.

(c)

Minimum street frontage: none.

(d)

Minimum front yard: 15 feet.

(e)

Minimum side and rear yards: none.

(f)

Maximum building height: 30 feet.

(g)

Minimum distance between unattached buildings: 20 feet.

(h)

Maximum stories: one.

(i)

Open space: all other areas not within the building envelope areas and held in common by the homeowners' association.

(3)

Off-street parking. In conformance with § 335-13.6 of the Westbrook Land Use Ordinance.

(4)

Signs. In conformance with Article X, Signs, of the City of Westbrook Land Use Ordinance.

As part of the review process, the following additional conditions have been set:

(1)

The developer agrees to $3,000 for recreation facilities to serve primary grade schools and $35,000 to be placed in a fund to support the movement of the tennis courts at Pride School. The fund will be paid 50% up front and have a letter of credit behind the remainder, to be paid at the 75% completion point; and

(2)

The applicant receives final subdivision and site plan review from the Planning Board, including any appropriate changes to the site design, recreation areas, and public and privately held space. Any other appropriate state or federal license approvals must also be received prior to the project beginning construction. All units shall be built to appropriate building standards of the City of Westbrook; and

(3)

Approval of the Planning Board of appropriate covenants and bylaws associated with establishing a permanent homeowners' association to manage commonly owned property.

§ 335-6.3 Contract Zone 3, Hannaford Brothers.

[Added by Ord. No. 2001-91; amended 6-4-2018 by Ord. No. 2018-73]

Purpose. That the Hannaford Brothers parcel, 100 Hawkes Street, be rezoned to a conditional (contract) zone with the following conditions:

(1)

Be consistent with all conceptual design issues and commitments shown on a plan called "Conceptual Site Plan" and dated June 26, 2001, as amended by the plan dated October 2007 and revised February 5, 2008 (including no access to Hawkes Street or Stroudwater Street, all buffering shown on the plan, and the redevelopment of Bicentennial Park, as shown on the plan);

(2)

That the site plan review will show improved internal pedestrian circulation;

(3)

That during site plan review, the delivery times will be identified and set;

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(4)

That the hours of operation be restricted to the present hours of operation (Monday through Saturday 7:00 a.m. to 11:00 p.m.; Sunday 7:00 a.m. to 9:00 p.m.);

(5)

The lighting pollution be minimized and contained within the lot lines or appropriately screened and be approved as part of site plan review;

(6)

That the property demonstrate during site plan review that it is ADA accessible;

(7)

That the out parcel shown on the plan as a bank be restricted to a similar type of office compatible with the Business General Zone; and

(8)

Any other conditions that the City Council chooses to set.

Performance standards. Contract Zone 3 will conform to the standards of the City Center District with the exception of the following:

(1)

Minimum lot size: 8.3 acres.

(2)

Yard setbacks: 25 feet from property lines that abut a residential zone. When not abutting a residential zone, the City Center District standards shall apply.

(3)

Building height: 39 feet.

(4)

Signage:

Description	Standard
Front building sign	208 square feet
Left-side elevation sign	253 square feet
Pylon sign	120 square feet

§ 335-6.4 Contract Zone 4, Brown Street Contract Zone.

[Added by Ord. No. 2002-15; amended by Ord. No. 2004-57]

Purpose: To provide flexible zoning standards that will incite new investment in the neighborhood, leading to higher quality housing and neighborhood conditions.

Permitted uses:

(1)

Dwellings.

(2)

Day-care homes.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(3)

Accessory uses, including home occupations.

(4)

Government buildings and uses.

(5)

Public and private utility uses.

Conditional uses:

(1)

Neighborhood grocery stores.

Space and bulk regulations:

(1)

Minimum net residential density for entire contract zone: one unit per 1,500 square feet.

(2)

Minimum area per residential unit: 350 square feet.

(3)

Minimum lot area: 2,500 square feet.

(4)

Minimum street frontage: 40 feet.

(5)

Minimum yard setbacks: zero feet, subject to approval of the Fire & Rescue Department.

(6)

Minimum distance between buildings: eight feet.

(7)

Maximum height of buildings: four stories.

Area to be included in the zone (see City of Westbrook Zoning Map). In addition to the zone, we ask that you set as the following conditions of contract zone approval that:

(1)

Tax Map 33, lots 226 and 219 will be sold as three-unit condominium projects with each unit owned privately by the person living there.

(2)

Tax Map 33, lots 215 and 225 will be sold as two-unit condominium projects with each unit owned privately by the person living there.

(3)

Tax Map 33, lot 228 will be sold as a four-unit condominium project with each unit owned privately by the person living there.

(4)

PROP will add the improvements cited on the plan, with the exception of F, G, H, and J, which we will hope to do jointly through another grant or road improvement projects.

(5)

The City will allow PROP to use up to eight feet of public right-of-way in front of the units to create green space for the units. These additions of green space will be done during road projects, when the roadways are narrowed and sidewalks relocated.

(6)

Tax Map 33, lots 231, 233, and 234 may be retained by PROP to be used as rental properties.

(7)

All dwellings will provide a minimum of one off-street parking space per unit.

§ 335-6.5 Contract Zone 5, Victoria Heights Contract Zone.

[Added by Ord. No. 2002-117; amended by Ord. No. 2004-156]

The property is shown as lot 11A, Map 4 of the Tax Map and is located presently in the RFC Zone and within the mobile home park subdistrict. The layout and position of lots is found in the attached plan known as "Saco Street Subdivision," Hildreth and White, dated January 21, 2002, and is hereby made a part of this record.[1]

[1]

Editor's Note: The referenced plan is on file with the Planning Department.

Space and bulk criteria for the contract zone:

(1)

Net residential density: three units per NRA.

(2)

Minimum lot size: 10,000 square feet.

(3)

Minimum street frontage: 80 feet.

(4)

Minimum front yard setback: 15 feet.

(5)

Minimum side yard setback: 10 feet.

(6)

Minimum rear yard setback: 15 feet.

(7)

Maximum building height: 40 feet except lots 23, 21, 19, which shall be 26 feet, and lots 22, 20, 18, which shall be 29 feet. Heights shall be defined according to the Maine Uniform Building and Energy Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(8)

Maximum building coverage: 35%.

Total area of the parcel is 13.83 acres. Total net residential acreage and final lot layout shall be established during subdivision review, when detailed wetland delineation is completed.

Other conditions:

(1)

The developer shall pay an impact fee of $500 per lot, or $15,500; $12,400 shall go to recreation improvements to be defined by the City and the remainder to a fund set up for the development of sidewalks between the project and where the sidewalks end on Saco Street.

(2)

All properties shall be buffered or screened and be negotiated during subdivision review. The vegetation for the Tewey property shall be placed on their land while the remaining vegetation for the Saco Street properties shall be placed within the rear buffer yards of the new lots. Vegetation shall be of the evergreen variety for the purpose of providing a visual barrier.

(3)

The paved right-of-way shall be 22 feet in width, with granite curbs at the radii of intersections.

(4)

Four housing units shall be constructed and sold to eligible first-time home buyers. The Maine State Housing Authority guidelines shall be used. As a guide, first-time home buyers in this area shall make a maximum of $62,000 for a three-plus family and can afford a house costing no more than $171,800.

(5)

The stormwater management system shall be designed such that an organized recreation area is provided in the storage area during dry periods.

(6)

Granite curbing shall be used throughout the project.

(7)

Prior to construction and blasting, the applicant shall conduct a blasting assessment of all adjacent properties and shall show evidence of insurance in the case of damage to adjacent properties. Said insurance shall be kept on file with the City. Any damage to adjacent properties during construction shall be the responsibility of the developer, in accordance with the attached blasting plan.[2]

[2]

Editor's Note: The referenced plan is on file with the Planning Department.

(8)

All other design aspects of development shall be subject to final subdivision approval.

(9)

Streetlighting shall be of the cutoff luminaire variety.

(10)

A stockade fence shall be installed on the perimeter of the Tewey property along the new development.

(11)

Hold in escrow for one year after street acceptance an amount to cover the cost for a new light; at the end of the year, if no request is made, then the escrow shall be returned to the developer.

Any modifications of these conditions shall require City Council approval.

§ 335-6.6 Contract Zone 6, Golder Commons Contract Zone.

[Added by Ord. No. 2004-56]

The proposed contract zone will allow for the construction of a twenty-six-unit affordable apartment building. The proposed building will complement the historic Bridge Street School apartments that currently reside on the property.

Permitted uses: dwellings.

Space and bulk regulations:

(1)

Maximum net residential density: 28 dwelling units per acre; 66 bedrooms per acre.

(2)

Minimum lot area: 1.60 acres.

(3)

Minimum street frontage: 75 feet.

(4)

Minimum front yard: zero feet.

(5)

Minimum side and rear yards: 15 feet.

(6)

Maximum building height: four stories.

Off-street parking: 1.5 spaces per two-bedroom unit; two spaces per three-bedroom unit; including handicapped parking in accordance with the 1973 Zoning Ordinance.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Additional conditions. A children's play structure will be constructed to provide recreation opportunities for the future residents of the apartment buildings. The specific details and cost of the play structure will be decided upon by the Planning Board, with a recommendation from the Recreation and Conservation Commission, as part of the site plan or subdivision review process.

The apartment units shall be rented at an affordable price as established by the project's funding requirements.

§ 335-6.7 Contract Zone 7, Stroudwater Street Growth Area Contract Zone.

Purpose. The purpose of this contract zone is to allow for the construction of a public school and related facilities or a recreational facility, while allowing the possibility of a future residential development at density levels permitted in the Residential Growth Area 1, provided certain conditions are met.

Permitted uses. The following uses are permitted in the Stroudwater Street Growth Area Contract Zone as a matter of right:

Accessory Uses

Bed-and-Breakfast Class 2

Church

Community Center

Congregate Care Facility

Dwelling, Single-Family

Dwelling, Two-Family

Funeral Home

Home Occupation

Horticulture

Library/Museum

Municipal Facility

Neighborhood Grocery

Conditional use. The following uses are permitted in the Stroudwater Street Growth Area Contract Zone as a conditional use under Article IV:

Adult Day Care

Bed-and-Breakfast Class 1

Day-Care Center

Dwelling, Multiple-Family

Home Day-Care Provider

Hospital

Medical Office

Performance standards. The following performance standards apply in the Stroudwater Street Growth Area Contract Zone:

(1)

Minimum lot size: 5,000 square feet existing; 7,500 square feet new.

(2)

Dimension requirements:

(a)

Minimum lot width: 50 feet existing; 65 feet new.

(b)

Yard setbacks:

[1]

Front: 10 feet existing; 15 feet new.

[2]

Rear: 10 feet existing; 15 feet new.

[3]

Side: 10 feet existing; 15 feet new.

(c)

Maximum height: 40 feet

(3)

Maximum footprint factor: 40%.

(4)

Maximum gross density factor: 70%.

(5)

Landscaping factor: 30%.

(6)

Residential density factor: one dwelling unit per 5,000 square feet.

(7)

Lighting. All outdoor lighting must be of cutoff luminaire variety and must be installed so that no direct lighting is emitted beyond lot lines.

(8)

Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(9)

Screening. A plan for parking and screening is required for uses other than dwellings, single- and two-family. Screening may include, but is not limited to, fencing or plantings.

(10)

Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to maintain the existing traffic operations levels of service and pedestrian safety within a reasonably determined distance from its point of ingress or egress.

(11)

Storage of materials. All materials must be stored within an enclosed structure so as to be screened from view.

Conditions. If any use listed as a permitted use or a conditional use, other than a municipal school facility and related facilities or municipal recreational facility, is proposed for this contract zoning site, such use shall require an amendment to this contract zoning agreement to establish standards and restrictions upon such development to ensure protection of the wetlands and natural resources on the site and to ensure an appropriate transition from the adjoining Residential Growth Area 1 District to the adjoining Rural District. This requirement shall not apply to a municipal school facility, which shall not require additional zoning action under this section, but will require site plan approval by the Planning Board.

§ 335-6.8 Contract Zone 8, 500 Westbrook LLC Contract Zone.

Whereas, the City Council finds that the materials submitted to date on traffic are sufficient to allow the Council to make the legislative policy judgment that the requested rezoning is consistent with the Comprehensive Plan and is an appropriate zoning designation for the subject property, understanding that this rezoning does not approve a specific development project and that the specific development project will be reviewed by the Planning Board, at which time more detailed information concerning traffic will be required. Now, therefore, ordered that the City Council hereby authorizes the establishment of the attached Stroudwater Place Contract Zone, as recommended by the Planning Board; subject, however, to the condition of the approval of this contract zone, which condition is hereby incorporated into the text of the contract zoning district, that the applicant must submit a traffic study containing all information set forth in Section 7 of MDOT's Rules and Regulations Pertaining to Traffic Movement Permits to the Planning Board at the time of application for site plan approval.

Purpose. This zone consists of approximately 61 acres of currently undeveloped land located between the Westbrook arterial and Stroudwater Street.[1] The purpose of this contract zone is to enable a high-quality integrated, master-planned, mixed-use commercial development that will serve as a gateway to Westbrook from Exit 47, a regional economic hub and a destination for shoppers and visitors to the City, while maintaining an appropriate buffer along Stroudwater Street. The kind of development intended for this zone is further described in the "Guiding Principals for a Master Plan for Stroudwater Place, Westbrook, Maine" by Thompson Design Group, dated September 2008 ("Guiding Principals"). It is of critical concern to the City that the development envisioned in this contract zone move forward in a way that protects and has minimal impact on traffic, noise or light pollution in surrounding neighborhoods (including the neighborhoods in and around Forest Street, Haskell Street, Rochester Street, Stroudwater Street and Monroe Avenue), school facilities and currently active agricultural businesses.

[1]

Note: Amended by Ord. of 2-10-2014. The City Council approved rezoning of Tax Map 9, Lot 3A therefore this parcel is no longer subject to the CZA. The remaining land in the CZA is Tax Map 9, Lot 3, consisting of 1.95 acres.

Permitted uses. The following uses are permitted in the 500 Westbrook LLC Contract Zone as a matter of right:

Accessory Use

Adult Day Care

Bank Class 2

Business/Executive Suite Hotel

Business Office

Class A Lounge

Club or Lodge

Community Center

Conference/Exhibition Facility

Day Care Center

Dwelling, Multiple-Family

Education Facility

Grocery Store

Health Club

Home Occupation

Horticulture

Hotel/Motel

Intermodal Passenger Transportation Facility

Kiosk Vendor

Library

Light Manufacturing

Media Studio Class 1

Media Studio Class 2

Medical Office

Municipal Facility

Museum

Neighborhood Grocery

Outdoor Farmers' Market

Outdoor Gathering Spaces, including but not limited to picnic area, parade/fairgrounds, etc.

Outdoor Performing Arts Venue

Parking Facility

Public or Private Indoor or Outdoor Recreation or Sports Facility

Research and Development

Restaurant Class 2

Restaurant Class 4

Retail Class 1

Service Business

Theater

Veterinary Office

Conditional use. The following use is permitted in the 500 Westbrook LLC Contract Zone as a conditional use under Article IV:

(1)

Child-care center.

Performance standards. The following performance standards apply in the 500 Westbrook LLC Contract Zone:

(1)

Dimensional requirements:[2]

(a)

Minimum building setbacks:

[1]

From Westbrook arterial: 20 feet.

[2]

From Stroudwater Street: 200 feet.

[3]

From side property lines: 20 feet.

(b)

Maximum height: 75 feet (exclusive of architectural features which may, upon approval of the design by the Planning Board during site plan review, extend above the roof of the building, provided such architectural features do not increase habitable space).

[2]

Note: The dimensional requirements established in this section apply to the contract zone as a whole and not to individual lots (if any) within the contract zone.

(2)

Maximum building footprint. The total, cumulative footprint of all buildings within the contract zone shall not exceed 50% of the land area within the contract zone.

(3)

Maximum gross density. The total, cumulative amount of building footprint and impervious surface shall not exceed 78% of the land area within the contract zone.

(4)

Minimum landscaping. At least 22% of the total land area within the contract zone must be landscaping. Stabilized grass surfaces shall be considered pervious landscaping.

(5)

Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so that no permanent direct lighting is emitted beyond the lot lines, except for special accent/event lighting oriented towards the Westbrook arterial. No lighting shall be permitted on architectural features above 75 feet in height.

(6)

Buffer. A fifty-foot buffer with berms and trees shall be maintained along the entire Stroudwater Street frontage, in order to maintain a continuous visual screen, except where a break in the screen is necessary to provide an emergency access route for public safety purposes.

(7)

Traffic impact. Except for emergency vehicle access as determined to be necessary by the City's public safety officials, there shall be no motor vehicle access between Stroudwater Street and the development, and the only access to the development shall be from the arterial, or from a connector road which runs only between the development and the arterial. At the time of site plan review, 500 Westbrook LLC must submit a traffic study providing all information set forth in Section 7 of the Maine Department of Transportation's Rules and Regulations Pertaining to Traffic Movement Permits, as such may be amended from time to time.

(8)

Parking. Because of the variety of uses proposed by 500 Westbrook LLC, various uses on the property will have different operating hours and different peak-period parking demands. In keeping with principles of optimizing resources, shared parking can therefore be utilized. The Table of Off-Street Parking in § 335-13.6B shall not apply within this Contract Zone. Instead, the number of parking spaces to be provided as each phase of the development is undertaken and in total shall be determined by applying best-practice traffic engineering standards for shared parking and in accordance with a parking management plan. Parking may be provided through a combination of surface parking and parking structures. At final build-out, the majority of parking shall be located in parking structures. Any surface parking, whether provided for an individual phase or for final build-out, shall be adequately screened from pedestrianways and public streets. Because of the seasonal variation in parking demand for retail uses, a portion of the parking may occur on stabilized grass surfaces to function as overflow parking during peak periods or for special events, but otherwise to function as a fairground/parade ground, field, or other open area.

(9)

Sustainability. Buildings and improvements shall, to the extent feasible, utilize materials, techniques and designs which incorporate then-current best practices for energy efficiency, sustainability and low environmental impact.

(10)

The final square footage of the development and the square footage of any individual phase shall be determined by the Planning Board during the site plan review process. Both total square footage and retail are not to exceed 20% of the square footage depicted on the program diagram incorporated herein. In addition to any other applicable requirements, at each stage of the Planning Board's review process (including but not limited to the Master Plan review and review of each individual phase) the Planning Board shall make specific findings that each of the goals described in Subsection A is met. At final build-out, the development shall include a mix of the following uses: retail; office space; hospitality and food; and sports and entertainment.

(11)

In addition to the performance standards set forth herein, the development shall comply with § 335-13.7 except where qualified herein:

(a)

Section 335-13.7D(1), Space and bulk standards, shall not apply.

(b)

Section 335-13.7D(2)(b)[2] through [4], lighting standards, shall not apply to special accent/event lighting.

(c)

Section 335-13.7D(2)(c). The buffer or screening shall limit the decibel level of all sounds or noise that reach the property lines according to limits set by the Planning Board. After an initial inspection to determine that noise is being emitted, the Code Enforcement Officer reserves the right to hire a consultant or expert in the field of sound measurement so as to not have an unreasonable adverse impact on the abutting properties as determined by the Planning Board. All services billed by the consultant or expert must be paid for by the owner of the property from which the sound is being emitted.

(d)

Section 335-13.7E(1)(a) and (b). The Planning Board shall set such standards so as not to have an unreasonable adverse impact on the abutting properties as determined by the Planning Board.

(e)

Section 335-13.7E(2) and (3). The Planning Board shall set retail and non-retail hours of operation during the site plan review process so as not to have an unreasonable adverse impact on the abutting properties as determined by the Planning Board.

(f)

Section 335-13.7F, Building design standards, shall not apply.

(g)

Section 335-13.7G(1), Access management, shall not apply.

(h)

Section 335-13.7G(2). A traffic study shall be completed after each phase of the development and shall include, but is not limited to, the new Westbrook Middle School, Monroe Avenue, Rochester Street, Haskell Street, Stroudwater Street and Forest Street areas.

(i)

Section 335-13.7G(3). The Planning Board may accept the impact study required by the State Informed Growth Act[3] to the extent the Planning Board is satisfied that such study addresses the requirements of this subsection.

[3]

Editor's Note: See 30-A M.R.S.A. § 4365 et seq.

(j)

For the purpose of application of these performance standards to this contract zone, the terms "residentially zoned occupied property" includes Residential Growth Area 1, Residential Growth Area 2, Residential Growth Area 3 and the Rural Zone.

Conditions.

(1)

Master Plan.

(a)

All buildings within the zone shall be designed and constructed pursuant to an overall plan for development of the property that contemplates an integrated, internally unified mixed-use commercial development consistent with the guiding principles and the goals of this contract zone ("Master Plan").

[1]

The Master Plan will incorporate the following design principles:

[a]

High-quality public spaces will be an integral component of the development as a whole and of individual phases.

[b]

The development as a whole and individual phases will be streetscape-oriented: designed so that visitors will park in central facilities and then walk to their destinations, with building entrances located along and oriented toward the internal streets.

[2]

The Master Plan shall address the timing and type of public amenities, including, but not limited to, transportation alternatives, trail connections, outdoor gathering areas and other public spaces. It shall include an activation program, developed in consultation with the Westbrook Recreation Department, for the management of multi-use, active recreation fields. The ice-skating facility shall provide for 2.5 free hours of ice time to Westbrook residents and Westbrook school-aged hockey teams each day. The schedule shall be developed in consultation with the operator and the Recreation Department.

(b)

In order to achieve the goals of an integrated, master-planned, mixed-use commercial development that will serve as a gateway to Westbrook from Exit 47, a regional economic hub and a destination for shoppers and visitors to the City, the Master Plan shall include a master lease or declaration of covenants containing restrictive covenants which preclude the following uses: "bargain" or "dollar" stores, wholesalers, sellers of distressed or salvaged merchandise and other retailers whose advertising, marketing practices or appearance, either interior or exterior, are not consistent with the kind of quality, destination-retail development described in the Guiding Principles. In addition, the master lease or declaration shall incorporate architectural design guidelines controlling matters such as streetscape design, facade treatment, appearance of public spaces, quality of common areas, location and appearance of kiosk vendors, signage, landscaping and lighting, placement of buildings with respect to the public spaces, and such other features of development which 500 Westbrook LLC deems appropriate to ensure a quality project and a quality experience for customers of and visitors to the development.

(c)

The Master Plan shall be submitted as part of the application for site plan review for the first phase to be constructed. Any subsequent revisions to that initial Master Plan shall be submitted as part of each application for site plan review for subsequent phases. Before approving any phase, the Planning Board must approve the Master Plan as being consistent with the Guiding Principles and meeting the requirements of this contract zone.

(d)

The development of the property shall be substantially consistent with the design principles articulated in the Guiding Principles and with the design concepts illustrated in the four depictions attached hereto and incorporated herein.[4]

[4]

Editor's Note: The referenced documents are on file with the Planning Department.

(2)

Phasing. The property may be developed in phases, with the Planning Board determining during site plan review what infrastructure improvements are required for the incremental development of each phase. At a minimum, an outdoor farmers' market area and an intermodal passenger transportation facility must be constructed within two years after the first 100,000 square feet of commercial space is occupied. No more than 400,000 square feet of commercial space may be issued a certificate of occupancy until an outdoor farmers' market area and an intermodal passenger transportation facility have been constructed. No more than 800,000 square feet of commercial space may be issued a certificate of occupancy until a central common/outdoor gathering space has been constructed. No more than 1,200,000 square feet of commercial space shall be issued a certificate of occupancy until an indoor ice-skating facility, arena or similar civic facility has been constructed, except that, as an alternative, the City and 500 Westbrook LLC may agree on a monetary contribution from 500 Westbrook LLC to assist the City in constructing or operating an off-site facility.

Definitions. As used in this section, the following terms shall have the following meanings:

BUSINESS/EXECUTIVE SUITE HOTEL

A hotel that offers customary hotel services and amenities to the traveling public on a daily basis and also has rooms or suites available for longer-term rentals, designed and intended to accommodate businesses or institutions and their employees, contractors or consultants who require temporary lodging while working on temporary assignment or relocating to the Westbrook area.

CLASS A LOUNGE

An establishment which holds a Class X liquor license from the State of Maine, which qualifies as a "Class A Lounge" under the provisions of Title 28-A of the Maine Revised Statutes and is licensed by the Department of Health and Human Services as required by 28-A M.R.S.A. § 1065(5). This category excludes bottle clubs and restaurants that allow patrons to bring and consume their own alcoholic beverages.

CONFERENCE/EXHIBITION FACILITY

A facility used for conferences, seminars and exhibitions, and entertainment, which may include accommodations for sleeping, food preparation and eating, recreation, and meeting rooms, and retail sales and services that are offered primarily for the convenience of persons attending conferences, seminars or exhibitions at the facility. A conference/exhibition facility which includes sleeping rooms for guests shall also be considered a hotel/motel, subject to the requirements of this chapter applicable to hotels/motels.

HEALTH CLUB

A facility where members or nonmembers use equipment or space for the purpose of physical exercise. This term includes facilities commonly known as "fitness centers" or "wellness centers."

INTERMODAL PASSENGER TRANSPORTATION FACILITY

A building, structure or location where two or more modes of transportation intersect and passengers can transfer between modes.

KIOSK VENDOR

An outdoor vendor selling food or consumer goods or services from a wheeled cart or a kiosk (a small structure with one or more open sides).

LIBRARY

A public and/or nonprofit facility in which literary, musical, artistic or reference materials (such as books, manuscripts, recordings or films) are kept for use but not normally for sale.

MUSEUM

A building having public significance due to its architecture or former use or occupancy or a building serving as a repository for a collection of lasting interest or value arranged, intended and designed to be used by members of the public for viewing with or without an admission charge.

OUTDOOR FARMERS' MARKET

An area designated for the seasonal selling at retail of vegetables, produce, flowers, orchard products and similar agricultural products, or farm-related products such as jams, jellies, syrups, dairy products, etc.

OUTDOOR PERFORMING ARTS VENUE

An area designed and arranged so that it may be used for outdoor concerts or performances, including live or multimedia performances or showing of films or videos. It may include a bandstand, band shell, stage or other shelter for performers, and seating or seating areas for audiences, any of which may be permanent or temporary. This use category does not include drive-in theaters.

PUBLIC OR PRIVATE INDOOR OR OUTDOOR RECREATION OR SPORTS FACILITY

An indoor or outdoor space, which may be publicly or privately owned, that is designed and equipped for the conduct of sports and leisure-time activities, excluding water slides, amusement parks and racetracks, and which may include spectator sporting events.

RESEARCH AND DEVELOPMENT

A laboratory or similar facility for investigation into the natural, physical or social sciences, which may include engineering and product development. Such use shall not involve the mass manufacturing, fabrication, processing or sale of products.

RESTAURANT CLASS 4

A wine bar, winery, brewpub or similar establishment which serves for consumption on the premises wine, malt liquor, or low-alcohol spirits products, but not spirits, as those terms are defined in 28-A M.R.S.A. § 2. A Restaurant Class 4 must serve food, but is not required to have a kitchen and the food need not be prepared on the premises. Restaurant Class 4 excludes bottle clubs and restaurants that allow patrons to bring and consume their own alcoholic beverages.

THEATER

A building or part of a building used to show motion pictures, or for drama, dance, musical or other live performances. This term includes multiscreen cinemas, but excludes drive-in theaters.

§ 335-6.9 Contract Zone 9, The Elms Contract Zone.

This zoning district was created by contract zoning agreement between Scott A. Balfour and the City of Westbrook, dated February 4, 2013, and is subject to all of the requirements of that contract zoning agreement. The subject property is described as Map 40 Lot 206 and 102 Cumberland Street and consists of approximately 0.99 acre. The property is located within the Cumberland Mills Historic District of the National Register of Historic Places. The subject property is located within the General Development Shoreland Zone and Village Review Overlay Zone and shall comply with the requirements of those zones. The purpose of The Elms Contract Zoning District is to provide for a flexible mix of uses in order to enhance the economic feasibility for this unique property given its unique size, scale, nature, location, historical use and significance. An appropriate mix of permitted residential and commercial uses, based on the unique features of the building, location and neighboring industrial, residential and commercial uses and zones, will provide for the continued viability of this property, while remaining consistent with the goals established in the City's Comprehensive Plan.

Permitted uses.

(1)

The property owner is authorized to establish on the property any of the following uses as a matter of right:

Accessory Use

Bed-and-Breakfast Classes 1 and 2

Business Office

Club or Lodge

Congregate Care Facility

Dwelling, Single-Family

Dwelling, Two-Family

Dwelling, Multiple-Family

Home Occupation

Horticulture

Hotel or Motel

Library or Museum

Medical Office

Restaurant Class 2

Service Business

(2)

Uses under this subsection shall have the same definitions as are set forth in § 335-1.8.

Conditional uses.

(1)

The property owner may establish the following uses as conditional use, subject to review and approval under Article IV of this chapter:

Educational/Vocational

Funeral Home

Retail Class 1

(2)

Uses in this subsection shall have the same definitions as are set forth in § 335-1.8.

Performance standards. The following performance standards shall apply in The Elms Contract Zoning District:

(1)

Preservation of historic structure. Upon destruction or demolition of the building, the City Council shall have the authority, after notice and hearing as required by state law, to terminate the agreement and rezone of the property to the prior or any successor zoning districts. In such an event, the property shall then be used only for such other uses as are otherwise allowed by law.

(2)

Buildings, additions and/or alterations must retain the character of the structures. This includes, but is not limited to, architectural style, windows, doors, roof pitches, and siding material.

(3)

Dimensional requirements:

(a)

Setbacks: There are no dimension requirements for yard depths.

(b)

Height: Building height may not exceed the current building height.

(c)

Maximum footprint factor: 40%.

(d)

Maximum gross density factor: 70%.

(e)

Landscaping factor: 30%.

(f)

Residential density factor: 1 dwelling unit per 2,500 square feet of base site area. (However, minimum size of a residential unit shall be 500 square feet, and an additional 150 square feet per each additional bedroom.)

(4)

Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so no direct lighting is emitted beyond lot lines.

(5)

Noise. Noise levels must not exceed existing levels at the exterior limits of the property.

(6)

Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(7)

Odors. Odors must not exceed existing levels at the lot lines.

(8)

Traffic impact. The traffic pattern from a change or expansion of use must be designed so as to maintain the existing traffic operation level of service and pedestrian safety within 200 feet of the point of ingress or egress.

(9)

Storage of materials. All materials must be stored within an enclosed structure so as to be screened from view from the public way.

(10)

Parking requirements. The parking requirements of § 335-13.6 are applicable to all uses in The Elms Contract Zoning District.

(11)

Signage. As regulated by § 335-10.6, Signs in City Center District.

(12)

Agreement to be recorded. The property owner shall record this contract zoning agreement in the Cumberland County Registry of Deeds and shall submit proof of recording to the Westbrook Code Enforcement Officer and the City Planner.

(13)

Amendments to agreement. The provisions of this contract zoning agreement shall be deemed restrictions on the use of the property and shall be amended only upon further written agreement of the City of Westbrook and the property owner or his successors in interest to the property. Any amendment will be reviewed and approved in accordance with the requirements of 30-A M.R.S.A. § 4352(8).

(14)

Other reviews. Approval of this agreement will not serve as a waiver of any other applicable code or review requirements of the Land Use Ordinances.

(15)

Department of Environmental Protection. Because the property is located in the General Development Shoreland Zoning District, this contract zoning agreement shall be forwarded to the Commissioner of the Maine Department of Environmental Protection.

§ 335-6.10 Contract Zone 10, Gateway West.

[Added 5-6-2013; amended 5-2-2016 by Ord. No. 2016-34]

This zoning district was created by the contract zoning agreement between Storage Realty Corporation and the City of Westbrook for Gateway West, dated May 6, 2013, and is subject to all of the requirements of that contract zoning agreement and the Village Review Overlay Zone District. The subject property is specifically described in the contract zoning agreement and the map attached to that agreement and is referred to in that agreement as the "rezoned property." Upon fulfillment of the requirements of the contract zoning agreement, including but not limited to the demolition of the dilapidated building and the land swap for the construction of roadway improvements identified as necessary in the Comprehensive Plan, the City Council enacted the subject contract zoning agreement which allows for a wider range of uses that currently allowed in the City Center Zoning District. The contract zoning agreement and adoption of this zoning district do not approve a specific development project, and the specific development project will be reviewed by the Village Review Overlay Zone Committee and must receive final approval by the Planning Board.

Purpose. This zone is intended to promote the redevelopment of the western gateway of downtown Westbrook. Redevelopment of the western end of Downtown has so far included a three-unit live-work condominium building on the block to the north of the subject property and a multiunit apartment building on this same block. Redevelopment of the subject property is intended to spur additional redevelopment as this is the westernmost parcel in the Downtown and is immediately visible upon entering Downtown. Building scale, materials and relationship of the first floor to the sidewalk and the street is critical and the design shall be of a caliber that is appropriate for a gateway into the Downtown. Development of the subject property shall be consistent with the urban design and streetscape recommendations of the Downtown Streetscape Plan adopted in 2009.

Permitted uses as of right.

(1)

The property owner is authorized to establish on the rezoned property any of the following uses as a matter of right:

Accessory Use

Bank Classes 1 and 2

Bed-and-Breakfast Classes 1 and 2

Business Office

Child-Care Center

Congregate Care Facility

Day-Care Center

Dwelling, Multiple-Family

Educational/Vocational

Florist

Food Cart Vendors

Home Occupation

Hotel or Motel

Library or Museum

Media Studio Class 2

Medical Office

Municipal Facility

Neighborhood Grocery

Parking Facility

Private Indoor Recreation Facility

Restaurant Class 2

Retail Class 1 and 3

Service Business

(2)

Uses under this subsection shall have the same definitions as are set forth in § 335-1.8.

Conditional uses.

(1)

The property owner may establish the following uses as conditional uses, subject to review and approval under Article IV of the Land Use Ordinance:

Church

Community Center

Light Manufacturing

Research and Development

Theater

(2)

Notwithstanding the requirements of § 335-4.1A(4)(i), conditional uses shall not be required to provide off-street parking.

(3)

Uses in this subsection shall have the same definitions as are set forth in § 335-1.8.

Performance standards. The following performance standards shall apply in the Gateway West Contract Zoning District:

(1)

Minimum lot size: none.

(2)

Dimensional requirements:

(a)

No setbacks are required.

(b)

Maximum height: no maximum.

(3)

Maximum footprint factor: 100%.

(4)

Maximum gross density factor: 100%.

(5)

Landscaping factor: none.

(6)

Residential density factor: one dwelling unit per 500 square feet of base site area.

(7)

Lighting. All outdoor lighting must be of the cutoff luminaire variety and must be installed so no direct lighting is emitted beyond lot lines.

(8)

Noise. Noise levels must not exceed levels at the exterior limits of the property.

(9)

Vibrations. Vibrations must not exceed existing levels at the exterior limits of the building.

(10)

Odors. Odors must not exceed existing levels at the lot lines.

(11)

(12)

Storage of materials. All materials must be stored within an enclosed structure so as to be screened from view.

(13)

Parking requirements. The parking requirements of Article XIII are only applicable to the following uses in the Gateway West Contract Zoning District: day-care center, child-care center, and multiple-family dwelling.

(14)

Signage:

(a)

Building signage, Lot 46. Provided that the building proposed for Tax Map 32, Lot 46 is a building consisting of northerly and southerly facades of not less than 100 linear feet, more or less, easterly and westerly facades of not less than 50 linear feet, more or less, and a building height of not less than 28 feet, more or less, to the trusses for the sloped roof, together with a building height at the top of the roof of not more than 41 feet, more or less, the following building-mounted signage shall be permitted, provided the total amount of signage on the four sides, once signage calculations are reviewed and approved, shall not exceed the maximum allowed in § 335-10.6, Signs in City Center District:

Facade	Building Sign Area (square feet)
North (Main Street)	96
South (William Clarke)	96
East (Parking lot)	49
West (Front of building)	128

(b)

Other signage. Any other signage shall comply with the requirements of § 335-10.6 (the provisions for signs in the City Center District).

(15)

Access. Access to the site shall be limited to a single combined access and egress driveway onto Main Street and a single combined access and egress driveway onto William Clarke Drive. This access shall also provide access to the property shown on Tax Map 32 as Lot 38. The configuration and exact location of the driveways will be determined as part of the site plan approval for the new development.

§ 335-6.11 Contract Zone 11, 212 Brown Street Contract Zone.

[Added 10-1-2018 by Ord. No. 2018-134]

Purpose: To provide flexible zoning standards and increased density that will incite new investment in the neighborhood, leading to higher-quality housing and neighborhood conditions.

Permitted uses: permitted uses within the RGA 1 District.

Conditional uses: conditional uses allowed within the RGA 1 District.

Space and bulk regulations:

(1)

Minimum net residential density for entire contract zone: one unit per 650 square feet.

(2)

Minimum area per dwelling unit: 600 square feet.

(3)

Minimum lot area: 5,000 square feet.

(4)

Minimum street frontage: 50 feet.

(5)

Minimum yard setbacks: zero feet front (Brown Street and North Street), five feet side, 15 feet rear.

(6)

Minimum distance between buildings: eight feet.

(7)

Maximum height of buildings: three stories or 45 feet.

Area to be included in the zone: Tax Map 33, Lot 250 (212 Brown Street).

In addition to the zone, we ask that you set as the following conditions of contract zone approval that:

(1)

Each dwelling unit will provide a minimum of 1.5 off-street parking spaces per unit transferable for those units with required lease agreement or easements and within a reasonable distance.

(2)

The 212 Brown Street Contract Zone frontage along North Street will be designated as no parking by the City of Westbrook.

§ 335-6.12 Contract Zone 12, Rock Row Contract Zone.

[Added 4-22-2019 by Ord. No. 2019-58]

Whereas, the City Council finds that the materials submitted to the Planning Board to date on traffic and master planning are sufficient to allow the Council to make the legislative policy judgment that the requested rezoning is consistent with the Comprehensive Plan and is an appropriate zoning designation for the subject property, understanding that this rezoning does not approve a specific development project and that the specific development project will be reviewed by the Planning Board, at which time more detailed information concerning traffic and design will be required; now, be it therefore ordered that the City Council hereby authorizes the establishment of the attached Rock Row Contract Zone and the rezoning of the property (as defined below), as recommended by the Planning Board.

Purpose.

(1)

The Rock Row Contract Zone consists of land located within Larrabee Road, the Westbrook arterial, Main Street, and the Westbrook/Portland boundary line (the "property"), more particularly shown on Exhibit A attached hereto.[1] The purpose of this contract zone is to enable a high-quality integrated, master-planned, mixed-use commercial development (the "development") that will serve as a gateway to Westbrook from Interstate 95 Exits 47 and 48, as a regional economic hub, and as a destination for visitors and shoppers to the City and the state. The kind of development intended for this zone is further described in the Rock Row Master Plan prepared by Waterstone Properties and Wakefield Beasley and Associates, attached as Exhibit A (the "Master Plan").[2] At final build-out, the development is anticipated to include a mix of the following uses:

(a)

Retail;

(b)

Office space;

(c)

Hospitality and food;

(d)

Sports and entertainment;

(e)

Commercial; and

(f)

Residential.

[1]

Editor's Note: Exhibit A is on file with the Planning Department.

[2]

Editor's Note: Said Master Plan is on file with the Planning Department.

(2)

It is of critical concern to the City that the development envisioned in this contract zone move forward in a way that protects and has minimal impact on traffic, surrounding neighborhoods, school facilities and currently active agricultural businesses.

Permitted uses. All uses permitted in the Gateway Commercial District in § 335-5.9 of the Land Use Ordinance (the "Ordinance") are permitted in the Rock Row Contract Zone, and in addition, the following uses are permitted in the Rock Row Contract Zone as a matter of right:

(1)

Car wash.

(2)

Data center.

(3)

Indoor or outdoor performing arts facility.

(4)

Intermodal passenger transportation facility.

Conditional use. All uses permitted in the Gateway Commercial District as conditional uses in § 335-5.9 of this chapter are permitted as conditional uses in the Rock Row Contract Zone, and in addition, the following uses are permitted in the Rock Row Contract Zone as conditional uses under Article IV of this chapter:

(1)

Water park.

Phasing. The Rock Row Contract Zone includes four phases as shown in the Rock Row Master Plan attached as Exhibit A.[3] The Development may be further divided and developed in subphases without requiring amendment of this contract zone, so long as the overall development in subphases is consistent with the purpose and intent of this contract zone. The Planning Board will determine during site plan review what infrastructure improvements are required for the incremental development of each phase or subphase.

(1)

Phase I is intended for retail development at Main Street and Larrabee Road.

(2)

Phase II is intended for high-density mixed-use development in the center of the property, including but not limited to retail, restaurants, entertainment, hotel, residential, and office space. (Because of the density of development and amounts of buildings and infrastructure in this phase, it will be developed in subphases as Phases IIA and IIB.)

(3)

Phase III is intended for higher-density mixed-use development, residential uses and an amphitheater, including but not limited to retail, residential, office (potential for office tower), amphitheater, performing arts center, and health care.

(4)

Phase IV is the area south of Nasons Brook intended for health care office, office, commercial, and higher-density residential use.

[3]

Editor's Note: Exhibit A is on file with the Planning Department.

Dimensional and performance standards. The following dimensional and performance standards apply in the Rock Row Contract Zone:

(1)

Dimensional requirements.

(a)

Minimum building setbacks:

[1]

From Westbrook arterial: 20 feet.

[2]

From Main Street: 20 feet.

[3]

From Larrabee Road: 20 feet.

[4]

From side property lines and within the property: zero feet.

[5]

The minimum building setbacks established in this Subsection E(1)(a) apply to the contract zone as a whole and not to individual lots within the contract zone. All buildings must have adequate emergency access as reasonably determined by the Fire Inspector. Recreational trails, driveways, sidewalks, signs and other nonbuilding structures and elements may be located within the minimum building setbacks.

(b)

Minimum front setback from interior private ways: none.

(c)

Minimum lot size: none.

(d)

Minimum lot frontage: none.

(e)

Yard depth: none.

(f)

Maximum height: up to 12 stories, but no taller than 150 feet (exclusive of architectural features which may, upon approval of the design by the Planning Board during site plan review, extend above the roof of the building, provided such architectural features do not increase habitable space).

(g)

Maximum building footprint factor. The total, cumulative footprint of all buildings within each phase or subphase of the Rock Row Contract Zone shall not exceed the percentage of the base site area shown in Table 1 below; the base site area shall include all land within the phase or subphase in which the buildings are located.

(h)

Maximum gross density factor. The total, cumulative amount of building footprint and impervious surface within each phase or subphase of the Rock Row Contract Zone shall not exceed the percentage of the base site area shown in Table 1 below; the base site area shall include all land within the phase or subphase in which the buildings and impervious surface are located.

(i)

Minimum landscaping factor.

[1]

The minimum percentage of the base site area within each phase or subphase of the Rock Row Contract Zone that must be landscaped is shown in Table 1 below; the base site area shall include all land within that phase or subphase in which the landscaping is located.

[2]

Stabilized grass or vegetated surfaces and unpaved recreational trails shall be considered pervious landscaping from a gross density/landscaped factor definition.

(j)

Residential density factor.

[1]

Residential density shall be a minimum of 500 square feet of base site area per dwelling unit within that phase or subphase of the Rock Row Contract Zone in which the residential use is located.

[2]

The base site area shall include all land within the phase or subphase in which the dwellings are located, and the base site area that satisfies the residential density requirement may be used for other nonresidential buildings and uses.

[3]

The building containing the residential use must be located on the land/lot encumbered by the density factor.

Table 1
	Phase I	Phase II A and B	Phase III	Phase IV
Maximum building footprint factor	85%	100%	85%	85%
Maximum gross density factor	85%	100%	85%	85%
Minimum landscaping factor	15%	None	15%	15%

(2)

Performance standards.

(a)

Lighting.

[1]

All permanent outdoor lighting fixtures, except those used for lighting displays, must be of the cutoff luminaire variety and must be installed so that no permanent direct lighting is directed beyond the Rock Row Contract Zone property lines.

[2]

No permanent lighting shall be permitted on architectural features above 180 feet in height except as otherwise required by FAA requirements.

[3]

Lighting displays are permitted throughout the contract zone for special accents, special events, general information, and advertising for the development or businesses and tenants within the Rock Row Contract Zone or for sponsorship of development programming, and may be in the form of digital displays, including, but not limited to, holographic signs, changeable signs (as defined in 23 M.R.S.A. § 1914), water features, and light displays on the quarry walls and on other development elements; provided, however, that such lighting displays not be directed beyond the Rock Row Contract Zone property lines and shall not constitute a distraction to operators of motor vehicles on public ways.

(b)

Traffic impact. Access to the Rock Row Contract Zone shall be from the Westbrook arterial, Main Street, and Larrabee Road in accordance with traffic movement permits issued by the Maine Department of Transportation's Rules and Regulations pertaining to traffic movement permits, as such may be amended from time to time.

(c)

Parking. Because of the variety of uses proposed by the developers of Rock Row, various uses on the property will have different operating hours and different peak-period parking demands. In keeping with principles of optimizing resources, shared parking can therefore be utilized.

[1]

The Table of Off-Street Parking in § 335-13.6B(1) and the provisions of § 335-13.6B(4) and (5) of this chapter shall not apply within this contract zone. Instead, the number of parking spaces to be provided as each phase or subphase of the development is undertaken and in total shall be determined by the Planning Board by applying best-practice traffic engineering standards for shared parking and in accordance with a parking management plan.

[2]

For phases of the development that are to be constructed primarily with residential uses, where the development will be constructed with an emphasis on transportation alternatives to automobile and will feature mass transit, bicycle and pedestrian transportation options, for multifamily dwellings within the development, 1.0 parking space will be required for each dwelling unit.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[3]

Parking may be provided through a combination of surface parking and parking structures.

[4]

Low-utilization, temporary-surface parking may be provided on gravel or stabilized grass or vegetated surfaces, utilizing materials, including, but not limited to, "grasscrete."

[5]

Except for Phase I of the development, for which surface parking will be provided in accordance with the approved plans therefor, any surface parking, whether provided for an individual phase or for final build-out, shall be adequately screened from pedestrianways and public streets.

(d)

Internal roads.

[1]

Internal roads in the development are "private ways" as defined and regulated by this chapter.

[2]

Internal roads/private ways leased to public entities that count as lots for purposes of the state subdivision law[4] are exempt from complying with dimensional and performance standards of this chapter, but shall comply with the applicable provisions of § 335-13.3G(3), Design standards for streets and private rights-of-way.

[4]

Editor's Note: See 30-A M.R.S.A. 4401 et seq.

[3]

Such internal roads/private ways will not be considered public ways for purposes of Maine sign, traffic and motor vehicle statutes and regulations and this chapter.

[4]

The developer will provide for unified management responsibility for maintenance, plowing, and repair of the private ways.

(e)

Noise.

[1]

The Planning Board shall establish maximum sound levels on a case-by-case basis for uses and activities in the Rock Row Contract Zone that will prevent undue adverse noise impact to neighboring properties.

[2]

The developer shall conduct pre- and post-construction sound level testing and analysis to assist the Planning Board in establishing sound level standards.

[3]

Operators of uses and activities in the Rock Row Contract Zone that generate noise shall undertake sound level testing at locations set with the approval of the Planning Board and shall comply with those standards.

[4]

Noise standards for development in the Gateway Commercial District previously approved by the Planning Board shall remain valid under this Rock Row Contract Zone enactment.

(f)

Recreation and Conservation Commission recommendation.

[1]

The Recreation and Conservation Commission shall review applications for site plan or subdivision approvals in each phase or subphase of the development subsequent to Phase I.

[2]

The Commission shall have 30 days to make its recommendation to the Planning Board on the open-space-related recreation and the landscaping aspects of the application. If no recommendation is provided to the Planning Board within the thirty-day period, the Planning Board may proceed with a public hearing without the recommendation.

[3]

However, this recommendation shall not be required for administrative changes under § 335-13.5.

(g)

Sections specifically not applicable to development.

[1]

Section 335-13.7 of the site plan provisions of this chapter does not apply to this development.

[2]

Section 205-22B of the City Code, which limits outdoor dining hours for restaurant uses that abut a residential zone to 7:00 a.m. to 11:00 p.m., does not apply to this development, and there are no limits on outdoor dining hours for such uses.

(h)

Prior development approvals remain valid. All previous City of Westbrook planning, land use and zoning approvals issued for this development and phases and portions thereof with conditions of approval and standards are still valid unless and until amended by the Planning Board or other permitting authority.

Signage standards. The sign regulations of Article X of this chapter apply to signage in this Rock Row Contract Zone except as modified by this Subsection F; although the underlying zoning district for the development is Gateway Commercial, signage in the development shall be regulated as though it is located in the City Center District, under § 335-10.6 of this chapter, except as modified herein by this subsection.

(1)

General.

(a)

Traffic safety and illumination. Section 335-10.6 of this chapter notwithstanding:

[1]

Changeable signs shall be allowed as permitted under state law and subject to Subsection F(2)(k) of this section; and

[2]

There is no limitation on the hours during which illuminated signs may operate.

(b)

Sign height. Section 335-10.6 of this chapter notwithstanding, the topmost element of any sign may not be higher than 10 feet above the cornice line of any building.

(c)

Temporary signs. Section 335-10.6C(11) of this chapter notwithstanding:

[1]

The maximum area of real estate signs per lot is 144 square feet per lot or building proposed for lease, sale or rent, and such signs shall not be of a banner construction;

[2]

The maximum area of a new business sign is 144 square feet and must be attached to the structure, and such signs shall not be of a banner construction; and

[3]

Construction signage may be placed continuously along fencing on public ways that the development fronts upon, so long as such signage does not exceed a height of four feet above the abutting street or sidewalk, whichever is taller, and may be of a banner construction.

(2)

Sign types allowed.

(a)

Building-mounted signs.

[1]

Storefront building-mounted sign. Section 335-10.6C(1) of this chapter notwithstanding:

[a]

One building-mounted sign per tenant on the storefront facade fronting upon a public or private way or a parking area, and for tenants of building corners, an additional sign on the other storefront facade fronting upon another public or private way or parking area is permitted.

[b]

Maximum sign area shall be at the ratio of one square foot per one linear foot of tenant frontage, with a maximum sign area of 10% of the relevant facade wall area.

(b)

Ground-mounted signs.

[1]

Section 335-10.6C(2) of this chapter notwithstanding, one ground-mounted sign is permitted per lot.

[2]

The sign area for ground-mounted signs shall be no more than 100 square feet, including all tenant signage, per side, may advertise the name of the Development or of tenants in buildings on that lot, and may include a message board or changeable sign in the 100 square feet of sign area.

[3]

One ground-mounted sign will be allowed at each of the four major entrances to the development (one from Main Street, one from the Westbrook arterial, and two from Larrabee Road);

[4]

No additional ground-mounted signs will be allowed in the area between Larrabee Road and the road named "Rock Row," but additional ground-mounted signs at the above ratio of one per lot will be allowed in the area that is east of the road named "Rock Row," except that no additional ground-mounted signs will be allowed in the Phase I area that is east of the road named "Rock Row."

[a]

Monument signs. "Ground-mounted monument signs" are signs mounted to the ground by a solid (opaque) base structure made of wood (painted or varnished and weather treated), brick, or stone. A monument sign shall be no taller than 25 feet, including the base and setback, to avoid sight line issues for the motoring public.

[b]

Pylon signs. "Ground-mounted pylon signs" are signs mounted to the ground by poles made of materials consistent with this Land Use Ordinance. A pylon sign shall be no taller than 25 feet, including the base.

(c)

Blade sign.

[1]

Section 335-10.6C(3) of this chapter notwithstanding, one blade sign per tenant is permitted.

[2]

For tenants of spaces located in building corners with storefront facades fronting upon two or more public or private ways or parking areas, the tenant is permitted one blade sign along each facade or a single vertical blade sign at the corner, and blade signs may be spaced more closely than one every 25 feet of linear frontage on a freestanding building.

[3]

Proof of general liability insurance to protect the City of Westbrook is not required.

(d)

Message boards. Message board signs are permitted where freestanding (ground-mounted) signs are allowed.

(e)

Sandwich boards. Sandwich board signs are permitted in the Rock Row Development on sidewalks along internal roads at a frequency of no more than one per 20 feet of linear building frontage along the internal road, and these shall meet this chapter requirements for size, except that proof of general liability insurance to protect the City of Westbrook is not required.

(f)

Entry point tenant directory sign. Section 335-10.6C(6) of this chapter notwithstanding, an entry point tenant directory sign is permitted for occupants located on the second floor and above for each multistory building in the development, which sign may be built similar to a monument sign, shall have a maximum sign height of six feet, including the base, and shall have a maximum letter height for the building/development name or logo of eight inches, and for all other lettering of four inches.

(g)

Directional (wayfinding) signs.

(h)

Window signs.

(i)

Canopy or awning sign. Section 335-10.6C(9) of this chapter notwithstanding, canopy or awning signs may include graphics and/or the tenant's logo if the tenant's storefront has no building-mounted signs, including but not to limited blade signs, and each such canopy or awning may have a length of up to the full length of the storefront. Proof of general liability insurance to protect the City of Westbrook is not required.

(j)

Marquee sign (amphitheater/theater/performing arts facility). A marquee sign is permitted for each amphitheater, theater, or performing arts center in the development. Each marquee sign may be up to 500 square feet in sign area.

(k)

Changeable signs (as defined in 23 M.R.S.A. § 1914). One changeable sign with two sides is allowed for each public way that provides vehicular access to a business, facility or point of interest in the development. The total area of the changeable board area shall not exceed 60 square feet per side. The sign may include a changeable message, but the message may not change more than once every five minutes.

(l)

Menu boards. These may be placed alongside the entrances to eating or drinking establishments and are not to exceed four square feet.

(m)

Multistory business/office building. Internally illuminated signs constructed of metal and plastic may be allowed on multistory business and/or office buildings with over three floors, as measured from street level, to identify up to three major tenants of the building. The following standards apply:

[1]

Only one such sign is permitted per tenant per facade, identifying up to three major tenants of the building.

[2]

Such signs may not be placed below the third floor of the building, and the topmost element of any sign may not be higher than 10 feet above the cornice line of the building.

[3]

Maximum signage area shall be determined by the height of the building.

[a]

Eighteen feet to 100 feet: 200 square feet.

[b]

One hundred one feet to 150 feet: 300 square feet.

[4]

Maximum signage height shall be determined by the height of the building.

[a]

Eighteen feet to 100 feet: four feet.

[b]

One hundred one feet to 150 feet: six feet.

[5]

Maximum signage width (maximum percentage of facade length): 66%.

(n)

Internal special events signage.

[1]

Signage for internal special events, special accent, general wayfinding or directory information, advertising for the development or businesses and tenants within or outside of the Rock Row Contract Zone, or for sponsorship of development programming, is permitted along the internal roads and on buildings within the contract zone in the form of freestanding signs on sidewalks and digital displays, including, but not limited to, holographic signs, changeable messaging, LED screens, light displays, and projections onto buildings and structures in the development; provided, however, that:

[a]

Such signage, lighting, displays, and projections shall be of a pedestrian scale, shall not be directed beyond the Rock Row Contract Zone Property lines, shall not be visible from public ways, and shall not constitute a distraction to operators of motor vehicles on public ways;

[b]

Any such sign structures shall be no larger than six feet tall and four feet wide and have a message area of no greater than 16 square feet per side and shall be located at least 50 feet apart from each other;

[c]

The area of any projection upon a building or structure shall be reasonably determined by the Planning Board based upon the size of the available projection area on that building or structure and the distance of that projection area from the sidewalk area where the projection is to be viewed, as well as upon compliance with this provision; and

[d]

The total number of such signs and projections or area shall be determined for each phase by the Planning Board at its reasonable discretion based upon the standards of this provision, but the total number of such signs, lighting, displays, and projections in the development shall not exceed 25.

[2]

This provision does not include any quarry lighting display, which is separately addressed in § 335-6.12E(2)(a).

(o)

Murals/painted signs.

[1]

A large picture/image (including but not limited to painted art) which is painted or affixed directly onto a vertical building wall, which contains text, logos, and/or symbols, shall be considered building-mounted signage and be limited as per the building-mounted signage section of this chapter.

[2]

A wall, facade, or surface that is used for a mural pertaining to the business on which it is located shall be counted as one sign.

[3]

However, a large picture/image (including but not limited to painted art) which is painted or affixed directly onto a vertical building wall which is devoid of advertising and does not contain text, logos and/or symbols intended to advertise or indicate the name of the premises, products or services available shall not constitute a sign.

(p)

Prohibited signs. "Feather flag" and "blow-up" signs are prohibited in the development.

Conditions.

(1)

Master Plan.

(a)

All buildings within the Rock Row Contract Zone shall be designed and constructed pursuant to an overall plan for development of the property that contemplates an integrated, internally unified, mixed-use commercial development of a design, with uses, and at densities, consistent with the Master Plan attached as Exhibit A hereto.[5] That Master Plan is a conceptual document that will include a design plan and narrative, and will incorporate the following design principles:

[1]

High-quality public spaces will be an integral component of the development as a whole and of individual phases.

[2]

The development as a whole and in individual phases and subphases will be streetscape oriented and designed so that, except in Phase I, visitors will park in central facilities (surface parking and decks) and then walk to their destinations, with building entrances located along and oriented toward the internal roads.

[5]

Editor's Note: Said exhibit is on file with the Planning Department.

(b)

The Master Plan is submitted as part of the Rock Row Contract Zone application. It is understood that the details of the Master Plan may be changed or modified as the developer applies for site plan review of each phase or subphase, and the Master Plan shall not require modification by amendment to the Rock Row Contract Zone so long as the changes or modifications to the Master Plan for each individual phase or subphase or to buildings or infrastructure therein are consistent with the purpose and intent of the Rock Row Contract Zone.

(c)

The development of the property and of each phase and subphase subsequent to Phase 1 shall be substantially consistent with the design principles articulated in the Master Plan and with the design concepts, including but not limited to landscaping, illustrated in Exhibit A attached hereto and incorporated herein.[6]

[6]

Editor's Note: Said exhibit is on file with the Planning Department.

(2)

Annual meetings with the City.

(a)

Calls for public safety service volume. A representative of Waterstone Properties, or of its successors or assigns, shall meet annually with the City's public safety departments (Police, Fire & Rescue and Dispatch) to review the volume of calls for service, not including concerts and amphitheater event service calls.

(b)

Water quality in previous quarry pit. A representative of Waterstone, or of its successors or assigns, shall meet annually with City staff from the Planning and Engineering/Wastewater Departments to review and discuss the quality of water contained in the quarry pit.

(3)

Amendment process. Provisions of § 335-13.5 of this chapter to the contrary notwithstanding, Planning Staff may exempt from Planning Board approval an unlimited number of administrative change approvals for development in the contract zone so long as all other criteria of the exemptions from site plan review provisions in § 335-13.5 of this chapter are satisfied.