Zoning update paused over environmental review
KINGSTON, N.Y. » City officials said they are not ready to move forward with hiring a consultant to update Kingston’s zoning code until they know whether that firm also would be responsible for handling the state environmental quality review requirements associated with the project.
During an online meeting of the Common Council’s Finance and Audit Committee on Wednesday, lawmakers heard from representatives of consulting firm Dover, Kohl and Partners of Coral Gables, Fla., which is being considered for the zoning overhaul project. What remained unclear to council members following that presentation, though, was whether the consultant or one of its partners would usher the city through the state environmental quality review, or SEQR, process that would accompany the adoption of any new zoning code.
City Assistant Corporation Counsel Daniel Gartenstein said he long has advocated for the zoning code to be updated but that without a clear answer about the environmental review process, he was concerned with the council moving forward with hiring Dover, Kohl and Partners.
“Completing a SEQR on a document and a proposal of this size is a massive undertaking,” Gartenstein said. “And the idea that we are not clear at this point as to whether or not they are handling the SEQR, or whether or not that’s going to be dropped on us once this document is completed, seriously concerns me.”
City Planner Suzanne Cahill said the state environmental quality review “would be a very lengthy, in-depth process.” She said the environmental review should run with the creation of the updated zoning plan. Cahill added that when the city most recently updated its comprehensive plan, its consultant handled the environmental review.
Lawmakers ultimately agreed to hold off voting on whether to hire Dover, Kohl and Partners until they had answers about the environmental review. The Finance and Audit Committee could take up the issue again during a special meeting scheduled for 6:30 p.m. Wednesday, March 31.
This is not the first time the committee has considered updating the city’s zoning code, which was adopted in 1963.
In April 2020, the Common Council voted to send back to the finance committee a proposed resolution to spend $524,394 from the city’s fund balance to hire the consultant to update the zoning code and partner with the Newburgh-based planning organization Pattern for Progress to provide additional support during the process. Lawmakers at the time cited concerns about the potential impact on the city’s finances from the COVID-19 pandemic, as well as outstanding questions they had about the proposal.
Of the funding being considered, $499,394 was to be paid to Dover, Kohl and Partners. The remaining $25,000 was to go to Pattern for Progress.
The finance committee initially endorsed the resolution to update Kingston’s zoning code in midMarch 2020.
“I consider this to be one of the most important things that we do for our city,” Alderman Don Tallerman, D-Ward 5, said Wednesday. “Aside from spending the money, we have to remember how much money it’s going to save us, because we spend endless time and expertise spinning our wheels trying to figure out the current zoning . ... This is our infrastructure and our blueprint for the future.”
Alderwoman Michele Hirsch, D-Ward 9, said she agreed the zoning code needs to be updated but was concerned about spending the money on a plan the council might ultimately decide not to adopt.
She also said she was concerned about reaching out to city residents to be part of the process when the council is not yet back to holding its meetings in person in City Hall. Hirsch said she did not think the consultant could do all of its public engagement work online.
“I think we need to wait and see when we’re going to be back in City Hall, when we’re going to be back holding meetings and hearings in person,” Hirsch said. “Even if it’s just another couple of months, I think that we need to hold off on passing this.”
Other lawmakers said the consultants would not immediately begin the public outreach part of the project so there still would be a few months to address that issue.
Representatives for the consultant said they would move through the zoning overhaul as quickly as the city wanted. They stressed, though, that public engagement and “buy-in” would be key to the process.