A CVS Pharmacy project proposed for the corner of Court and Floral streets got initial support from the City Council Wednesday night for the zone change the applicant seeks, as well as a contract zone agreement after the council voted unanimously to double the business’s cash contribution the city as part of that agreement.

Both the zone change and contract zoning will come back before the Council for final approval on Nov. 5.

City Planner Andrew Deci said the project requires three approvals in order to be developed as proposed: a rezoning or land use code map amendment to reclassify the land from R1 and C2 zones to C4 for the allowable use and opportunity to use contract zoning on the site; a contract zone; and site plan approval. Deci noted the land use map must be conform with the comprehensive plan, which triggered much discussion among the Planning Board Oct. 7.

Deci said some Planning Board members felt the C4 zoning district didn’t represent the type of uses and development the comprehensive plan calls for in this mixed commercial and residential area; while others felt the project met the intent of the comprehensive plan.

The Planning Board conditionally approved the site plan application Oct. 7, and with a 4-2 vote recommended passage of the proposed contract zone agreement. However the board recommended denial of the rezoning request through a 3-3 vote — reflecting the mixed feelings on the board.

The 1.8-acre property consists of four parcels at the corner of Floral and Court Street with three existing structures that would be demolished and replaced with a 13,225 square-foot CVS Pharmacy with a drivethrough window. Dawgtopia and Gilmore’s Seafood are currently located on this property.

Councilor Steve Brackett asked Deci to talk about the comprehensive plan, which states the size of commercial use buildings should not be allowed to exceed 7,000 square feet, and “this is double that roughly.”

Attorney Sandra Guay with Woodman Edmands Danylik & Austin, P.A., representing the applicant, told the Council that there are many commercial and potential high-impact uses that can already take place on the parcel, such as convenient stores and recreation facilities. If this project goes through, Guay said, Gilmore’s Seafood is looking to possibly relocate on this area on the other side of Court Street.

Deci said the comprehensive plan is the city’s “broadest policy document” and talks generally about where and how development should take place, where and how it should look. When a rezoning request comes in, city officials have to look at whether or not it meets the intent of the comprehensive plan.

Councilor David Sinclair said he’s heard little but only negative feedback on the project, among them concerns of sprawl and that this zoning change would erode the transition component between the C4 and residential areas. Sinclair said he wouldn’t support the zone change “because I don’t see a benefit to the city in doing so.”

Councilor Leverett “Tink” Mitchell said the council must consider that the comprehensive plan “is a guideline, and it sets us up and gives is an idea of what they were thinking at the time this was put together; what may be acceptable, what may not.” He later added that while the comprehensive plan was being developed, Court and Centre streets “were realized to be avenues of travel for businesses to expand out of the downtown area out into the area of the shopping center.”

First passage of the zone change was approved 5-2 with Sinclair and Brackett opposed.

The Council twice amended the cash contribution CVS would give the city as a public benefit, to go towards a deceleration lane or Route 1 improvements near the Chandler Drive entrance, at a cost of $150,000 to $250,000.

An amendment to increase the contribution to $50,000 posed by Mitchell was approved 6-1. A second motion by Sinclair to amend the amount to $140,000 — the amount Walgreens contributed via its contract zone — failed to get a second, but Councilor Andrew Winglass’ motion to amend the amount to $70,000 passed unanimously.

Guay said once the applicant had explained their proposed contribution, she hadn’t heard further on the amount from the Planning Board, but City Manager Bill Giroux said Wednesday city staff feel they relayed their concern about the contribution, which they wanted more inline with Bath Iron Works and Walgreens contributions.

“I think the people in the city know that we have significant improvements we’d like to make along Route 1,” which will be expensive, Giroux said. With contract zoning the applicant is asking for special relief, “and we’ve asked them for some relief to the infrastructure projects that we’ll have to get into, that these things contribute to.”

The contract zone as amended, was granted first passage with a 5-2 vote (Sinclair and Meadow Merrill opposed). It will return to the council for final approval Nov. 5.

Mark Bettenhausen of T.M. Crowley & Associates said after the meeting that his firm would have to go back to CVS Thursday morning to talk about the Council’s amendment, increase its contribution to $70,000. As the contracted developer, Bettenhausen said “we are a fee-developer for them. We get a one-time fee to build their investment for them.” CVS is making a $5.25 million investment in this project, he said, and couldn’t speculate on what CVS’s response would be.

dmoore@timesrecord.com