Council thinks outside the triangle (Printed June 23, 2007)
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.
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.


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