Thursday, November 20

What Is This Plan? And Who is Its Master?

As we detailed in a previous post, three distinct views on the Lakefront/Downtown Development Plan emerged during the first Council meeting devoted exclusively to that topic. At the Ramada Inn, the majority of speakers indicated general support for most elements of the plan. The major exception was the now infamous “Building #12.”

Since that time, Augustine held a ward meeting to further explore the plan and to seek input on amendments that she would offer to the proposed document. It took us by surprise to hear Rob Gladden, Executive Director of the Geneva Area Chamber of Commerce, say that “no one wants Building #12” and that Bergmann Associates, the consultants who drew up the plan, “did the City a real disservice” by including that building.

While we agree with Gladden’s statement at the ward meeting, it seemed to directly contradict his, and the Chamber Board members’ statements at the earlier meeting at the Ramada. As you might recall, it was the Chamber of Commerce that was most adamant that the plan be approved “as is” and that the City seize on the opportunity to commence the work on Building 12, using the state money delivered by Senator Nozzolio.

Just prior to that meeting, the Chamber put out a newsletter in which it called opponents of Building 12 people who didn’t care about job creation or taxes or progress. In other words, in the Chamber’s eyes, anyone who opposed Building 12, was anti-Geneva, anti-Nozzolio, and anti “free money”. (Though we don’t agree that state money is ‘free money’...just look at the State’s debt and its impact on the economy to see the price we pay, not just in taxes, but in long term service cuts to pay for some of these member items),

With Gladden’s, and presumably his board’s, change of heart on Building 12, the City Council took up the issue of amending the plan at its November 12th work session. At the start of the meeting, City Manager Horn distributed a series of staff amendments to the plan, for Council consideration. The amendments were primarily aimed at setting additional parameters for development on the East Castle Street parcel adjacent to the Ramada. Rather than striking "Building 12” altogether, the document proposed a five point test for any building that might go on that site.

The five elements were: 1. Positive contribution to downtown’s economic viability; 2. Rigorous architectual review to ensure that any building is complementary to the existing downtown architecture; 3. A purpose (use) that is distinct from, yet complementary to, downtown. (This was later amended to read “excluding residential uses”); 4. A project that had few negative environmental impacts, if any, with a preference for projects that use sustainable building practices, such as LEED certification; and 5. A priority consideration on projects that dedicate additional space (above and beyond the required 40 ft. waterfront right-of-way) for public use and have plans to maintain and enhance that public space.

We believe that these principles are sound and should guide the review of all development projects in and around the downtown area (with the exception of #5 that is applicable only on the East side of Rtes. 5 &20). However, there are two issues that need to be resolved.

First, the amendment, in current form is more of a guiding document for the issuance of RFP’s and/or review of development proposals than a master plan document. Here’s why: by Horn’s own description, a master plan is supposed to be a broad vision statement. And that’s where we believe much of the consternation about the Bergmann plan is coming into play.

In their totality, the 28 oversized pages of the plan, as presented, contain much more than just a master plan. They contain a community narrative portion (pages 1-6) and an individual project justification component (pages 12-27). Although the former (narrative) component is fairly straightforward, the latter element provides a level of detail that subjects itself to unnecessary scrutiny. To put it another way, one part of the plan says “some elements must wait” and another part of the plan says “here’s how you proceed with each element.” It’s an inherent contradiction.

The picture, the grand sketch of possible projects, supports a community focus on the second part of the plan while ignoring the critical work of the “Policy and Action Items” section (pages 7-11). But, in reality, it is the text of pages 7-11 that should be most appropriately considered as an amendment to the city’s existing master plan document.

We encourage readers to download the plan from the city’s website or peruse the copy on hand at the Geneva Public Library, and read this section. As a broad overview, the plan provides the following four Policy Areas:

  1. Downtown Revitalization. This includes improving coordination between the City and BID, enhancing the local and regional image of downtown Geneva, continuing to improve the physical appearance of downtown, efforts to increase pedestrians, and capitalizing on Geneva’s location within the Finger Lakes region.
  2. Connect Downtown and the Lakefront. The three objectives here are to mitigate the impact of traffic on 5&20, enhance visual connection between downtown and the lakefront, and physically connect the downtown and lakefront areas.
  3. Waterfront Programming. This includes improving water-dependent and water-enhanced uses, enhancing pedestrian connectivity, making the waterfront a destination, and capital improvements to enhance the user experience of the lakefront.
  4. Recreation and Open Space. This focuses on improving the experience in downtown and the lakefront, creating a cohesive system of public and recreational space, and encouraging year-round use of public spaces.

These policy areas are, on their face, relatively non-controversial. They seem to most like common sense suggestions. And, as they say, “the devil is in the details” so reviewing each action item beneath those priority areas, we find only three references to actions that would lead to a building like “Building #12”.

First, Policy Area 1, Action Item A-2 states “explore the feasibility and programming of an Ecological Interpretive Center within the Visitor’s Center along the lakefront.” This does not mean to pursue a center within the current Chamber of Commerce building. Instead, the plan assumes that a new Visitor’s Center, on the lakefront, made possible by the Nozzolio earmark is a foregone conclusion. We believe that item should be revised to read “explore the feasibility, programming, and location of an Ecological Interpretive Center on or near the lakefront.”

Next, is Policy Area 2, Action Item C-1, which reads “promote development in key locations along East Castle Street that would provide the continuation of downtown’s urban form into the lakefront zone and provide strong linkages between downtown and the lakefront.” A proposal is currently on the table to tack on “except residential development” to the end, but we actually believe that the statement should be rewritten to read “pursue only those development opportunities along East Castle Street that conform to the standards laid out in the attached RFP guidelines” (that would be the document we previously referenced).

Last, is Policy Area 3, Action Item C-4, which reads “create a taskforce on the programmatic elements of a Visitor’s and/or Interpretive Center adjacent to the lakefront that will draw visitors into Geneva and provide information to enhance their experience while in the area.” We believe that should be rewritten to read, “create a taskforce on the programmatic elements and best location of a Visitor’s Center and/or Interpretve Center that will draw visitors into Geneva and provide information to enhance their experience while in the area.”

We would also suggest the addition of two action items:
First, to Policy Area 1, we would add (consistent with our previous posts and the comments of Councilor Cosentino) “Pursue funding opportunities and collaborative efforts to improve upper-floor access to downtown buildings, including elevators.”
Second, to Policy Area 2 (and 4) we would add, “Sponsor design competitions, on a national scale, to bring significant public art pieces to focal points within the downtown and along the lakefront.” This has been mentioned at several meetings and meets several of the stated objectives.

With these changes, Council would effectively regain control of this process, which means that the final document would achieve its dual purpose of solidifying a public vision for downtown and the lakefront and also communicate to the development community what standards and opportunities they can expect in doing business with the City.

4 comments:

Anonymous said...

Jackie and Chip,

First, thanks for putting your research and thoughts on the Lakefront plan and planning process out there for public discussion. Unfortunately, your comment that the devil is in the details is too true. While the amendments proposed by City Manager Matt Horn are laudable, they would not prevent Building 12 from being built. And if it weren't for your persistent comments, Jackie, Mr. Horn would have included residential as an allowable use for any development on that 4.5 acre parcel next to the Ramada.

But even without residential, Building 12 is still not an acceptable development project to many of us. If you walk through Mr. Horn's proposed 5-point test for Building 12 without residential, the size, mass and proposed uses for the first two floors of Building 12 would still be allowable. Building 12 meets the “economic viability” test; it could certainly meet the architectural significance test creating something sensitive to the architecture of downtown but with the mass and scale needed to complement the existing Ramada (though these comments are not detailed in the amendments this position was stated quite clearly by Mr. Horn and City Planner Eric Ameigh at the Council meeting); it would contain businesses with distinctive complementary uses to the downtown; it could certainly meet the ecological soundness test depending on the materials used; and it meets the waterfront access test by being more than 40’ from the lakefront. There are nice words in the proposed amendments but there are no teeth to prevent another Building 12, Building 12-take 2, in the immediate future given the proposed policy wording.

The public is requesting a zoning change that would limit development to non-competing uses. The proposed "complementary uses” policy would allow commercial and office space to be built on the lakefront, uses that clearly compete with existing downtown businesses. And while nothing is permanent, a zoning change has more teeth than the proposed policy statement and would show some respect for the public’s time, energy and thoughtful input. A zoning change would ensure that economic development is focused on the downtown first. Everyone is giving voice to the “idea” that no developments are being planned for the lakefront immediately. If they are telling the truth, then a zoning change should cause no concern or threat, and it would go a long way to building public trust by simply putting in writing what they “say” is their intent.

A zoning change now would be reviewed after 10 years, when the Master Plan is revisited, and a new zoning could be established to reflect new thoughts about development on the Lakefront at that time. This is what Mr. Horn and other City Councilors “say” is the timeline for lakefront development, but when asked to put that in writing, they are resistant. In the previous administration, this resistance would be a sure-fire indication that there is already a development project being considered that hasn’t been made public yet. Is this administration using the same tactics? Public trust is something earned not simply awarded because there is a change in names at the top.

As long as commercial/residential development on the lakefront is on the table, resources for the proposed downtown developments will take second place regardless of what people say verbally. The lakefront is the most desirable property for a developer to do what they do best, develop. No developer would choose to invest in the downtown first if they could get their hands on the lakefront property, so the pressure from developers will be to do commercial/residential development on the lakefront first.

Hopefully this administration will listen to their constituents, formally take commercial/residential development on the lakefront off the table for the “immediate” future, and put into writing what everyone verbally agrees is the priority: develop the downtown first. For the moment, Council should only consider focal elements for the lakefront that do not compete with downtown business but still draw tourists and public visitors to the lakefront. Ten years from now, when the Master Plan is updated and new zoning options will be considered, who knows what the public will support. It’s pretty clear what they don’t support now.

Cynthia Hsu

Capraro and Augustine said...

Cynthia,
Thanks for your comment. A couple of points of clarification, consistent with our prior posts:

First, "building 12" contained residential only as a means to make a visitor's center viable in that location. The visitor's center location had, originally, been mandated by Senator Nozzolio's state money earmark; however, according to his website, he has not specified its location. There was never an independent argument for lakefront residential development in the Bergmann plan. Therefore, if it is determined that residential won't be allowed, "Building 12" is no longer a viable proposal.

More importantly, we sense your call for zoning is a signal that the community does not trust council, that if the right residential project came along council would approve it, or, worse yet, that there is some fat cat with a residential proposal waiting in the wings. If that is your concern, then you're actually looking to Council to make gestures that would restore trust, such as stating direction that there are no such proposals out there, that Council or city staff are not in dialogue with any developers about residential, etc.

Beyond that, as you've mentioned, the current zoning is permissive with regards to commercial development on the site. However, nothing like Building 12 had been built, nor proposed, even when economic times were rosy. So, we're not sure that zoning really drives development on a site like this. This is not to be confused, however, with land use planning. We do believe that adoption of a land use plan with clear guidelines will drive development. As with the original Master Plan that is being amended by this document, we believe that zoning is one activity that might be undertaken as the adopted plan is implemented. The zoning change is not, customarily, a substitute for the land use planning.

We agree that developers would prefer to "get their hands on" lakefront property, if possible, but we disagree that it is zoning that dictates the possibility. Here's an example from city history of the recent past: The city was approached with a development plan for a large area off of Slosson Road. It is privately owned land, so the city's control was rather limited. The developer wanted to create a 'planned unit development' area, which is a designation that can be overlaid on any zoning classification. The reason the proposal was rejected was not because the existing zoning didn't allow it, but because the intention of the master plan was to allow only certain types of development, namely, single family, detached, homes with larger lots. Development of those types of homes maintain a neighborhood consistency and have a greater impact on the city's tax base (both in their own assessments and in their effect on adjacent property values) than the proposed condo. units. But here was an example where the zoning is a minor consideration in light of the more compelling interests articulated in the planning document. Likewise with the lakefront. Zoning status can come and go in an instant (relatively speaking, in government time) but adopting a plan that has clear guidelines and expectations is where the rubber meets the road.

So, we think your community organizing efforts on the lakefront issue have been outstanding and we admire the time and effort you are expending to make sure that Geneva's residents stay informed and have opportunities to express their opinions. But we disagree that a zoning change is the 'silver bullet' for Building #12. As we've said, that building was the result of two factors: an assumption that residential would be permitted and an assumption that the community would abdicate its planning process to the state money. We hope we've dispensed with the first faulty assumption, and we look forward to your continued assistance in dispensing with the second.

Anonymous said...

So ... the "trust issue" seems to come down to: I won't trust you until and unless you make it absolutely impossible for anyone, at any time, to do anything that I disagree with. Sorry ... I can't, and won't, subscribe to that!

I am hearing from more and more Genevans who are very excited about the Council's discussions and plans to adopt the policy statements and modified action items from the Bergmann Plan. And, yes ... many of them oppose residential development on the lakefront and have faith that we won't let that happen!

Capraro and Augustine said...

Mayor Einstein,

The people's trust was violated when Council allowed its hired help (Bergmann Associates) to write residential, not to mention the entire Building 12, into its planning report when the record of public input and discussion reflects nothing of the sort. There had been a process described to the public, and people of all points of view participated in good faith. The end product was skewed to fit someone else's agenda, namely to accommodate monies that were allowed to be injected into the planning process without a full disclosure of their impact. True, much of this problem was inherited from the previous administration who got things off to a bad start, and you did a good job of bringing things back around right after taking office. But "Building 12" was born and brought out at a public meeting over which you, or the new City Manager, presided. Therefore, it becomes the current Council's responsibility to acknowledge the missteps and restore trust by restoring the process.

As we stated in our response to Ms. Hsu, we do not believe that a zoning change 'fixes' things. In fact, introducing a zoning change is as artificial to the process as introducing Building 12 was. Instead, we believe you can effectively lead Council back to the portions of the document that are properly considered 'Master Plan Amendments' and scrub them of any tainting influence. By doing that, you will have communicated to the public that their time, input, and values were taken seriously and we will collectively emerge with a plan that is substantial in content and meaningful in intent. That will go a long way towards restoring public trust in government.

In defense of Ms. Hsu, we don't believe that her intention is to mandate her opinion. However, we do believe that she is being vigilant in speaking up for the collective opinions, as expressed in the last local election and the multiple public meetings on the issue, that--regardless of what is adopted--the voices of the people should not be overshadowed by the influence of special interests who operate in a less than transparent way. This is, we think, what has been most off-putting to people, not just that "Building 12" appeared, but the way in which it was brought to the table. Namely, added at the very end without any documentation to support its arrival.