Published: November 14, 2008 12:13 am      

MASTER PLAN: City Council to block new height restrictions

Add Niagara Falls City Council members to the list of those not in favor of restricting the height of new buildings downtown.

Though it has passed the Planning Board with unanimous support, the redrafts of the city’s comprehensive plan and zoning ordinance now face the scrutiny of the council, which is expected to make amendments before voting on adoption. Specifically, changes will be made on zoning amendments that would create a tiered system restricting a new building’s height between 80 feet and 300 feet depending on its proximity to the Niagara River.

The change attracted heavy criticism from residents and businessmen during a public hearing last week and were repeated at Wednesday’s City Council meeting. Ron Anderluh, revitalization coordinator of the Niagara Street Business Association, said the new zoning would be “archaic” and the city isn’t in a position to place more restrictions on possible development.

“It’s not like (developers) are waiting in line to get here anyway,” Anderluh said. “You need to sell it and you can’t sell it with more restrictions. I can’t believe we’re thinking this way.”

After the meeting, Council Chairman Samuel Fruscione agreed with Anderluh and predicted height restrictions would be removed from the final draft. He also wants to take a closer look at changes that would give the city planner more power to approve projects.

“I don’t want to turn down any businessman,” Fruscione said. “We’re definitely going to look at making some amendments.”

Senior Planner Thomas DeSantis and other city employees have been working for the past four years on updating the 1992 comprehensive plan and 1994 zoning ordinance. The new plan focuses on several main areas and development opportunities throughout the city, including the possibility of removing the north Robert Moses Parkway and reconnecting with the waterfront.

Other highlights include creating a cultural district in the areas of Third and Main streets, supporting projects within the downtown area, transforming Niagara Street into a bustling business corridor and extending John B. Daly Boulevard up to Pine Avenue. DeSantis has cautioned those are all long-term goals and could take up to 15 years to address.

Submitted concurrently with the comprehensive plan are changes to zoning laws, including creating subdistricts within designated areas to avoid blanket and restrictive zoning requirements. DeSantis said much of the current code is out of date and counterproductive.

Since the draft was presented last week, much of the focus has been on the building height requirements. Currently, buildings can be as high as 200 feet tall no matter their location downtown. Under the proposal, new construction closest to Niagara Falls State Park would be limited to a maximum of 80 feet high, which amounts to about eight floors. That requirement would lessen as developers build away from the park and could reach a maximum height allowance of 300 feet east of Third Street.

The 26-story Seneca Niagara Casino & Hotel is the tallest building in the city and more development is planned for with its property footprint. The Seneca Nation isn’t subject to city zoning, which residents have complained is an unfair advantage that would be enhanced if the new height requirements are installed.

On Wednesday, DeSantis defended the restrictions, saying the graduated building height limits are intended to function like a bleacher, where everyone seeking a view is assured of a means for doing so, regardless of their location.

“It’s intended to provide a predictable and equal opportunity to build with a view, to the greatest number of property owners, covering the widest area, regardless of when or where one develops,” DeSantis said, reading from a prepared statement.

He added that across the border in Niagara Falls, Ontario, development is highly regulated with buildings over ten stories requiring an additional peer-review by a panel of architects. Heights are restricted to 30 stories in the most liberal zones, and additional stories are permitted only upon payment of additional development fees, he said.

DeSantis said the size of a 30- to 60-story structure here would diminish the quality of downtown’s most “untapped asset” in the state park and American falls.

Fruscione agreed the city needs to consider some height restrictions near the entrance to the state park, but believes proposed projects should be considered on a case-by-case basis instead of one sweeping guideline that discourages development.

“The bottom line is the council is not happy with what’s being proposed and we’re going to be making some changes,” Fruscione said.

The council has 90 days to approve, reject or amend the proposal and is expected to call for an impact study and host another public hearing before a final vote is taken.

Contact reporter Rick Forgione

at 282-2311, ext. 2257.