SOUTH PORTLAND – The South Portland City Council failed to approve a controversial zone change for the Thornton Heights neighborhood Monday.

A zone change requires a super majority of five affirmative votes, and the proposed Thornton Heights Commercial Zone failed on a vote of 4-3, with councilors Tom Blake, Michael Pock and Patti Smith opposed. The vote came after three meetings on the topic and hours of public comment.

It’s unclear what will happen with the zoning amendment now, especially since the council appears to be divided on the best use of a city-owned lot on the corner of Westbrook and Main streets, which is adjacent to Congregation Bet Ha’am.

The lot is undeveloped, but some city leaders, including Planning and Development Director Tex Haeuser, believe it could be a good location for a proposed 24-hour Dunkin’ Donuts, which Massachusetts-based developer Cafua Management has indicated it would like to build on the west end of the city.

It was the possibility that a Dunkin’ Donuts would go in next door that caused members of Congregation Bet Ha’am, among others, to voice their opposition to the new Thornton Heights zone, which would also have allowed increased residential density, higher building heights and reduced setbacks.

In December, Cafua Management purchased the former St. John the Evangelist Church on the corner of Thirlmere Avenue and Main Street and announced plans to tear down the historic structure and replace it with a Dunkin’ Donuts. However, after much neighborhood opposition, the development company backed down and began talking with the city about building its new store on the corner of Westbrook and Main streets instead.

In addition, a new Main Street Community Commercial Zone, approved unanimously by the City Council on Monday, now means Cafua cannot use the St. John’s site to build its new Dunkin’ Donuts, since that zone specifically bans both drive-through restaurants and 24-hour business operations.

According to Haeuser, the overall goal of the two new zones – the one on Main Street and the one in Thornton Heights – is to protect the existing neighborhoods, while also growing the city’s economic base. He also said that as part of the comprehensive plan process, these two areas of the city were designated as growth areas.

Haeuser said the purpose of the new Main Street zone is to encourage service center-type development, from small, locally owned businesses to banks and maybe even a grocery store that residents could easily walk or bike to. The goal of the new Thornton Heights zone, he said, was to make it into more of an automobile friendly commercial hub.

But that’s where he lost the support of three city councilors and the members of Congregation Bet Ha’am, who all said they would like to see the city’s undeveloped lot on the corner of Westbrook and Main streets remain open green space for residents on the west end to enjoy.

Following a couple hours of additional public comment on Monday, it became clear that the council did not have enough votes to pass the Thornton Heights Commercial Zone, although four councilors, including Mayor Gerard Jalbert, were in favor of allowing the zoning change, while also putting deed restrictions on the city-owned lot to strictly control any development there.

The new Thornton Heights zone failed even after Councilor Melissa Linscott pointed out that the council was “not making a decision tonight about what may (eventually) happen with the (municipal) property.”

But Blake and Smith said the corner lot should remain open space, as it has been since the city purchased the property in 1919, and, along with Pock, wanted it removed completely from the Thornton Heights zone.

“I think it’s a brilliant idea to pull this parcel out,” Smith said, while arguing that a park does not need to provide active recreation opportunities to be usable and special.

“(Green spaces) are wonderful, they reduce noise, promote urban health, purify the air, offer social benefits and improve home values,” she added. “The issue is not the tax base. We should not let go of this green space. We should find a better solution and save that parcel.”

However, city attorney Sally Daggett said removing the city-owned lot from the proposed new Thornton Heights zone would be a substantive change and would require the proposal to go back to the Planning Board for review and a public hearing before coming to the City Council again.

While Jalbert pushed for approval of the new zone, saying with 22,000 vehicles going by a day the corner lot “is not a site for a park,” Blake argued, “There’s no harm in defeating the (Thornton Heights Commercial zone) this evening. We can take the time to do this right. There’s no rush.”

In other action Monday, the City Council unanimously approved a new ordinance restricting where sex offenders can live.

The new rules prohibit sex offenders convicted of serious crimes – a class A, B or C felony against children under 14 – from living within 750 feet of a school, park, athletic field or recreational facility, excepting the Greenbelt Walkway.

In addition, the council approved the proposed new fiscal year school budget of nearly $44.8 million. The school spending package will now go to voters for ultimate approval during a city-wide referendum on June 10.