By Ward Peck

Editor

    Faced with a proposal to rezone a small parcel of
city property along one of South Portland’s busiest roads, the city
council agreed in principal to throw out the land use rules and let
private interests propose how the land– as well as neighboring parcels–
could be used.

    The parcel, an undeveloped triangle of woods and
scrub, takes up a portion of an island of land separating the Gorham
Road extension, Western Avenue and Westbrook Street. It shares the
island with several well-known businesses including Mulberry Cottage
Interiors and Ricetta’s restaurant. The city took the 1.45-acre parcel
by eminent domain in 1986 in order to build a fire station, which was
later built further up Western Avenue. The city has been trying to sell
the property for several years and even went to court with the former
owner over its right to sell.

    According to acting City Manager Jim Gailey, there
is little interest in the property due to its current location within
the city’s “CCRT” zone, which requires large setbacks from road
frontage. Because the parcel fronts two roads and grows increasingly
narrow as it nears the Gorham Road Western Avenue intersection, the
current zone would require an extremely small building footprint,
Gailey said. Earlier this year the city petitioned the planning board
to recommend changing the parcel’s zone in order to make it more
valuable to developers. The city requested the “LB” zone governing the
developed portion of the island be extended to cover the undeveloped
portion. LB zones do not require setbacks and contain more allowable
uses than the CCRT zone. Following a March public hearing, the Planning
Board recommended the city council make the requested change.

    The council took up the matter at a June 18 workshop
and quickly set aside the recommendation in favor of a far more
ambitious plan.

    “Should we choose a zone or is [the parcel] so
unique, there should be a different process?” Councilor Linda Boudreau
asked.

    “We should put it out to bid and see what comes back,” Councilor Kay Loring said.

    The process developed at the workshop will allow
developers to submit bids for the property without being constrained by
zoning rules not just for the parcel in question, but other parcels as
well including the other portion of the island as well as an
undeveloped parcel across the Gorham Road extension owned by developer
Vincent Maietta.

    No existing property owner would be forced to accept
a zone change if they did not want to, Tex Haeuser, the city's planning
director said.

    In describing how he sees the process moving
forward, Councilor Jim Soule referred to the City of Portland’s
redevelopment of the Maine State pier.

    “I’m in favor of an RFP [Request for Proposals]– see
what the market thinks. Soule said. “Developers are a whole lot more
creative than we are.”

    The comparison to the Maine State Pier process drew
words of caution from Haeuser who noted that process has been the
subject of controversy.

    “Portland has had problems,” Haeuser said. “We need to be crystal clear about what the RFP would entail.

    Soule was unfazed.

    “Are we afraid of controversy?” he asked.

    A consensus emerged among councilors that any
request for proposals would be vague about the scope of the project and
could include partnering with owners of neighboring parcels– which
would also be unencumbered by zoning restrictions. Because the city
owns the parcel that would act as the lynch pin for a larger
development, the city council can exercise control over how it is
developed.

    Developments could include proposals to close the Gorham Road extension or even developing over the road.

    The large Air National Guard installation across
Western Avenue was included in the discussion about neighboring parcels
because it was believed the units stationed there would be moving to
Brunswick in several years. Col. Don McCormack of the Maine Air
National Guard, reached the following day said those plans have been
scrapped and the units will remain in the city for the indefinite
future.

    While the scope of the project will be left intentionally vague, there will be some guidelines.

    Proposals will not be acceptable if they adversely
affect the Western Avenue/ Gorham Road traffic corridor and must be
compatible with the neighborhood and surrounding businesses. Soule said
one way to ensure any development is compatible with neighboring
businesses is to have them part of the project. Councilors will also
look for proposals that not only maximize the sale price of the parcel,
but the taxes yielded from any improvements.

    Beyond that, councilors were apparently thinking
big. Loring early in the workshop said she could see a hotel.

    Soule, pointing out that the nearby Mary Marsh
property was for sale, imagined a developer proposing a cable car
between the two properties.

    “Or a gondola,” Mayor Claude Morgan interjected.