Falls accepts NFR data center proposal for further review
The Niagara Falls City Council voted unanimously Wednesday night to 'accept as complete' an application filed with city planners by Niagara Falls Redevelopment (NFR) to establish a Negotiated Planned Development District, also known as a Planned Unit District (PUD) for the purpose of developing a proposed $1.5 billion data center campus in the South End.
Council members also approved taking on the role of 'Lead Agency' in the environmental review of the project.
NFR's application was also referred to the Niagara Falls and Niagara County planning boards and the city's Zoning Board of Appeals for further consideration.
Members had a few questions for acting City Corporation Counsel Thomas DeBoy regarding the application. DeBoy told Member Brian Archie (D) that NFR does not own all of the roughly 53 acres of land that would comprise the total project.
'But that doesn't prevent them from filing the application,' he said.
The first stage of the project, which NFR has dubbed 'Data Center at Niagara Digital Campus PUD,' is projected to occupy the same parcel of 12 to 15 acres of prime South End tourist district land that the city has proposed to use for its Centennial Park project. Control of that land has already been awarded to the city through the courts by an eminent domain proceeding.
The city has also recently filed a claim that asserts that roughly 5 acres of the disputed land, formerly the 10th Street Park, was never properly transferred to NFR as part of a 2003 settlement of an earlier lawsuit between the Falls and the South End land owner.
The resolution, approved by the council, specifically states that nothing contained in it 'waives any rights of the city to recover the park property.'
Asked by Council Member Donta Myles if approving the application could lead to 'more litigation', DeBoy told him, 'You could be sued either way you vote.'
NFR has said its data center campus project 'is anticipated to bring 5,600 jobs to Niagara Falls during construction, as well as more than 550 permanent jobs when all phases of the data center are up and running.'
NFR's original project application, filed in October, was determined to be incomplete by city planners. At almost 500 pages then, the application called for the Data Center at Niagara Digital Campus to be developed in five phases.
The campus would include eight two-story buildings and one one-story building, for a total of 1,232,715 square feet of space. The full development would cover approximately 53 acres of what NFR has described as 'mostly vacant land.'
The property would be bounded by John B. Daly Boulevard, Falls Street, 15th Street and Buffalo Avenue.
Included in the application is a rezoning request, copies of traffic and noise studies, an environmental and energy impact plan, a full environment assessment form, a verified ownership petition, a survey and legal description, a historical property assessment, and aerial maps showing the placement of the data center and various other key elements of the plan.
The project application was originally filed just over a month after New York's highest court, the Court of Appeals, rejected a second appeal by NFR seeking to have its justices weigh in on the legality of the use of eminent domain to take NFR's land, described as 907 Falls St. and an adjacent portion of property along John Daly Memorial Parkway, for the proposed Centennial Park project.
After the appeals court ruling, Mayor Robert Restaino said the city would move forward with 'a valuation and acquisition' of the property where NFR wants to build its first proposed data center building. The city council is currently weighing an appraised bid on the property of more than $4 million.
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Falls accepts NFR data center proposal for further review
The Niagara Falls City Council voted unanimously Wednesday night to 'accept as complete' an application filed with city planners by Niagara Falls Redevelopment (NFR) to establish a Negotiated Planned Development District, also known as a Planned Unit District (PUD) for the purpose of developing a proposed $1.5 billion data center campus in the South End. Council members also approved taking on the role of 'Lead Agency' in the environmental review of the project. NFR's application was also referred to the Niagara Falls and Niagara County planning boards and the city's Zoning Board of Appeals for further consideration. Members had a few questions for acting City Corporation Counsel Thomas DeBoy regarding the application. DeBoy told Member Brian Archie (D) that NFR does not own all of the roughly 53 acres of land that would comprise the total project. 'But that doesn't prevent them from filing the application,' he said. The first stage of the project, which NFR has dubbed 'Data Center at Niagara Digital Campus PUD,' is projected to occupy the same parcel of 12 to 15 acres of prime South End tourist district land that the city has proposed to use for its Centennial Park project. Control of that land has already been awarded to the city through the courts by an eminent domain proceeding. The city has also recently filed a claim that asserts that roughly 5 acres of the disputed land, formerly the 10th Street Park, was never properly transferred to NFR as part of a 2003 settlement of an earlier lawsuit between the Falls and the South End land owner. The resolution, approved by the council, specifically states that nothing contained in it 'waives any rights of the city to recover the park property.' Asked by Council Member Donta Myles if approving the application could lead to 'more litigation', DeBoy told him, 'You could be sued either way you vote.' NFR has said its data center campus project 'is anticipated to bring 5,600 jobs to Niagara Falls during construction, as well as more than 550 permanent jobs when all phases of the data center are up and running.' NFR's original project application, filed in October, was determined to be incomplete by city planners. At almost 500 pages then, the application called for the Data Center at Niagara Digital Campus to be developed in five phases. The campus would include eight two-story buildings and one one-story building, for a total of 1,232,715 square feet of space. The full development would cover approximately 53 acres of what NFR has described as 'mostly vacant land.' The property would be bounded by John B. Daly Boulevard, Falls Street, 15th Street and Buffalo Avenue. Included in the application is a rezoning request, copies of traffic and noise studies, an environmental and energy impact plan, a full environment assessment form, a verified ownership petition, a survey and legal description, a historical property assessment, and aerial maps showing the placement of the data center and various other key elements of the plan. The project application was originally filed just over a month after New York's highest court, the Court of Appeals, rejected a second appeal by NFR seeking to have its justices weigh in on the legality of the use of eminent domain to take NFR's land, described as 907 Falls St. and an adjacent portion of property along John Daly Memorial Parkway, for the proposed Centennial Park project. After the appeals court ruling, Mayor Robert Restaino said the city would move forward with 'a valuation and acquisition' of the property where NFR wants to build its first proposed data center building. The city council is currently weighing an appraised bid on the property of more than $4 million.
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The Niagara Falls City Council will consider a resolution at its meeting tonight to 'accept as complete' an application filed with city planners by Niagara Falls Redevelopment (NFR) to establish a Negotiated Planned Development District, also known as a Planned Unit District (PUD) for the purpose of developing a proposed $1.5 billion data center campus in the South End. Council members will also be asked to approve taking on the role of 'Lead Agency' in the environmental review of the project. If approved, the resolution would refer NFR's application to the Falls and Niagara County planning boards and the city's Zoning Board of Appeals for further consideration. The first stage of the project, which NFR has dubbed 'Data Center at Niagara Digital Campus PUD,' is projected to occupy the same parcel of 12 to 15 acres of prime South End tourist district land that the city has proposed to use for its Centennial Park project. Control of that land has also been awarded to the city through the courts by an eminent domain proceeding. The city has recently filed a claim that asserts that roughly 5 acres of the disputed land, formerly the 10th Street Park, was never properly transferred to NFR as part of a 2003 settlement of an earlier lawsuit between the Falls and the South End land owner. The resolution specifically states that nothing contained in it 'waives any rights of the city to recover the park property.' NFR has said its data center campus project 'is anticipated to bring 5,600 jobs to Niagara Falls during construction, as well as more than 550 permanent jobs when all phases of the data center are up and running.' NFR's original project application, filed in October, was determined to be incomplete by city planners. At almost 500 pages then, the application called for the Data Center at Niagara Digital Campus to be developed in five phases. The campus would include eight two-story buildings and one one-story building, for a total of 1,232,715 square feet of space. The full development would cover approximately 53 acres of what NFR has described as 'mostly vacant land.' The property would be bounded by John B. Daly Boulevard, Falls Street, 15th Street and Buffalo Avenue. Included in the application is a rezoning request, copies of traffic and noise studies, an environmental and energy impact plan, a full environment assessment form, a verified ownership petition, a survey and legal description, a historical property assessment, and aerial maps showing the placement of the data center and various other key elements of the plan. It was originally filed just over a month after New York's highest court, the Court of Appeals rejected a second appeal by NFR seeking to have its justices weigh in on the legality of the use of eminent domain to take NFR's land, described as 907 Falls St. and an adjacent portion of property along John Daly Memorial Parkway, for the proposed Centennial Park project. After the appeals court ruling, Mayor Robert Restaino said the city would move forward with 'a valuation and acquisition' of the property where NFR wants to build its first proposed data center building. The city council is weighing an appraised bid on the property of more than $4 million.
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Niagara Falls Mayor Robert Restaino says he expects to release a feasibility study on the proposed Centennial Park project later this month. He also said Monday that the study supports the project and 'its ability to be successful.' Restaino spoke to the Gazette after making an 'informal presentation' on the project to mayors from across New York at last week's New York Conference of Mayors meeting in Albany. The mayor said he is arranging to meet with the 'stakeholders who paid for the study' prior to publicly releasing its findings. 'One of the things we will do is meet with the stakeholders (representatives of Empire State Development and the National Grid Strategic Economic Development Program) who paid for the study and show it to them,' Restaino said. 'And then we'll release it to the public. This month everything is going to be out in the open.' Restaino did not discuss any specific findings of the study, indicating that it was still 'being completed.' But he did say that the findings of the study were 'supportive' of the Centennial Park proposal. Empire State Development (ESD) and the National Grid Strategic Economic Development Program are reimbursing the city up to $140,000 for the cost of the study which has been prepared by Sports Facilities Advisory LLC, a Florida-based sports facilities consulting company. An additional projected $5,000 to $6,000 in expenses for travel and travel-related costs is being covered by American Rescue Plan (ARP) funds. The contract with Sports Facilities called for the preparation of a 'market analysis and feasibility study' of the Centennial Park plans which call for the construction of a 'multi-faceted, year-round event campus' that would include a 6,000 to 7,000-seat arena for sporting and entertainment events, a smaller multi-purpose facility and a splash pad that could be converted into an ice-skating rink during winter months. The project also calls for the construction of a parking ramp with exterior walls that could be used for rock climbing and a roof that could be used as a location for concerts or movie screenings. The estimated cost of the project is between $150 million to $160 million. The park would be constructed on up to 12 acres of South End property described as 907 Falls St. and an adjacent portion of the property along John Daly Memorial Parkway. That property had been owned by Niagara Falls Redevelopment (NFR), and an affiliated company, Blue Apple Properties. The city was awarded the property as a result of a successful eminent domain proceeding against NFR. Restaino said during his discussion of the project with other mayors the city leaders were focused on the Falls' use of eminent domain. Eminent domain refers to the right of 'a government or its representative to take private property for public use, as long as the land owner is fairly compensated.' The use of eminent domain has been enshrined in American law for more than 150 years since the U.S. Supreme Court's decision in Kohl v. United States in 1875. 'Some (of the mayors) wanted more information on eminent domain so I did provide that,' Restaino said. 'I think they were happy to have a conversation and some of them had (expressed) a fear of the length of time to make eminent domain work. But in our case, it only took 21 months.' The mayor expressed disappointment that the city council, at its last meeting, tabled his request to begin the process of purchasing roughly 5 acres of the proposed Centennial Park project site. Restaino had asked for authorization to submit a $4.029 million offer to NFR and its affiliate, to purchase the property based on an independent appraisal of the land. Several council members objected to authorizing the offer without having a chance to first review the appraisal and the feasibility study. The mayor said council members could review the appraisal, but it would not be publicly released because it is part of the ongoing litigation with NFR. 'We're waiting to make (NFR) an offer,' Restaino said. 'We've put a number forward. It's more a question of if the council is going to approve going forward with it.' The purchase offer is based on the acquisition of only slightly more than half of the land the city originally sought in its eminent domain action. In January, the city began legal proceedings against NFR claiming that 5 acres of the contested South End property, already subject to the eminent domain action, was never legally transferred to NFR's ownership. The city is claiming that property formerly known as the 10th Street Park, at the intersection of 10th and Falls streets, was never properly deeded to NFR as part of a deal in 2003-2004 between the South End land owner and former Falls mayors Irene Elia and Vince Anello. Restaino has said the city's special counsel for the Centennial Park project has determined that NFR never completed the process of taking control of the land by gaining approval of the property transfer from the New York State Legislature. The city and NFR are currently contesting that claim in New York State Supreme Court.
