A LOCAL RESPONSE TO THE DETROIT RIVER INTERNATIONAL CROSSING RECOMMENDATIONS TO GUIDE A COMMUNITY BENEFITS AGREEMENT PRODUCED BY THE Urban and Regional Planning Program University of Michigan AT THE REQUEST OF THE Delray Community Council SPRING 2007 The University of Michigan Urban and Regional Planning Program http://www.tcaup.umich.edu/urp/index.html Gary Brieschke Anny Chang Luke Forrest Cassia Heron Kelsey Johnson Rebecca Mark Mariana Orloff Joe Shultz Logan Winston Advisors Eric Dueweke Larissa Larsen EXECUTIVE SUMMARY SUMMARY EXECUTIVE The proposed Detroit River International Crossing (DRIC) has the potential to once again inflict a dispropor- tionate burden on the southwest neighborhood of Delray. Until this point, the Michigan Department of Transportation (MDOT) and its consultant, The Corrodino Group, have maintained a transparent and admi- rable planning process in regards to the proposed crossing. Despite the process, it is our recommendation that the Delray Community Council (DCC) not only partake in the planning process sanctioned by MDOT and the Corrodino Group, but also attempt to create a Community Benefits Agreement (CBA), a signed contract be- tween MDOT and a coalition of neighborhood groups that outlines how Delray and other residents of South- west Detroit can be fairly compensated for the loss of community and quality of life that would invariably oc- cur should the bridge go through Delray. The following report provides the DCC with relevant information pursuant to a CBA. More specifically, the report provides recommendations as to how the DCC should pro- ceed in terms of securing a CBA, and what they should expect to receive from said agreement. This report begins with a summary of existing conditions in Delray (Background and Existing Condi- tions). Covered in this section are the history of Detroit and Delray, demographic information about the city and neighborhood, and an overview of existing political conditions in Delray. This information provides rele- vant context for today’s debate. Following is a section that examines the implications of various plaza alterna- tives on the neighborhood (Assessing the Impacts of Plaza Alternatives). The findings of this section can be summarized as follows: • Delray would benefit most from an elongated interchange that carries passenger cars through the neighborhood. Alternative 12 is a good overall example. • It is essential that a separate interchange be constructed to/from any plaza alternative allowing trucks and all commercial vehicles to immediately enter I-75. • The plaza should include adequate signage that encourage people to visit Fort Wayne and busi- nesses that may be constructed as a result of the bridge bringing new traffic to the neighbor- hood. • Any interchange that traverses through the community should be built at ground level (no ele- vated roadways that divide neighborhoods) and should take advantage of well-known, under- utilized roads rather than creating a new right-of-way. Fort and South Streets are good exam- ples of possible routes. • Traffic calming devices, sound-deadening materials and “no engine brake” zones (NEBZ) must be a part of any plaza alternative. • Public transportation plays a critical role in helping get people to and from Delray. Currently, a Detroit-Windsor bus service operates at the Tunnel and increasing its service, along with that of Detroit Department of Transportation (DDOT), is a viable option for the new crossing. • In sum, all plaza alternatives have ability to create both regional and local benefits. In addition to looking at the impact of plaza alternatives on the neighborhood, the report also examines the environmental, social, and economic impacts of the crossing on the neighborhood (Anticipated Impacts). All transportation projects that receive federal funding must follow a process of environmental review under the National Environmental Policy Act (NEPA) of 1969. The proposed Detroit International River Crossing (DRIC) is a large-scale project that will result in significant impacts to the host community and greater region and will require a full Environmental Impact Statement (EIS). The “Environment” referred to in the EIS, however, is not limited to the natural environment. The EIS also considers social and economic impacts to the local community and larger region. The natural and physical environmental impacts evaluated in public transportation projects are fairly straight- forward. These typically include changes to air quality, water quality, and vegetation; construction-related nui- sances and disruption to previous existing hazardous sites. The social impacts are less easily understood as they are harder to measure and did not appear in the original NEPA legislation. Social impacts can range from mandatory relocation of residents’ homes and community centers to chances in quality of life for those who remain in the community. In terms of economic impacts, the needs analysis for the DRIC focused on state/regional/national costs of not building. But avoided costs are benefits, and a central issue here is how benefits should be justly distrib- uted. The DCC must anticipate a finding in the Draft EIS that economic harms are minor relative to macroeco- nomic benefits. The projected gains on both sides of the border if a second crossing is built are substantial and spread throughout the region: billions of dollars in increased annual economic output for Michigan alone, more than thirty thousand jobs, translating into millions of new tax revenues for the state. The economic harms are confined, and disproportionately borne by Delray: for example, as many as three-quarters of the active businesses remaining in the neighborhood may be displaced. The final section of the report outlines Community Benefits Agreements, examines recent case studies in which CBAs were used, and outlines important lessons learned from examining the case studies. As described above, CBAs are legally enforceable contracts signed by a public/private developer and a community coalition. As such, they are a way to hold local development accountable because they make sure that subsidized projects create benefits for the local community. The five most important lessons learned from analyzing various CBA and CBA-related case studies are as follows: Lesson One: The Importance of a Coalition The most successful CBAs have been negotiated by broad, strong coalitions that are representative of the af- fected communities. Forming a coalition allows organizations to pool their resources, knowledge and political clout to achieve effective results. Lesson Two: Deciding What to Ask For Successful coalitions cooperatively determine their priority list of demands through an inclusive process before they begin negotiations with the developer or government. Lesson Three: Appropriate Scale of a CBA Based on relevant case studies, the Delray Coalition can plan to request benefits that equal between 0.8 and 1.5% of the DRIC total cost. Lesson Four: Negotiation Strategy Trust between coalition members becomes crucial when negotiations with the developer or government begin. Successful coalitions obtain expert legal advice during the process and designate a small lead negotiating team to speak for the group. Lesson Five: Monitor Progress Implementation of a CBA can take many years, so coalitions must designate members to monitor progress and provide periodic updates to the group. In conclusion, a CBA is more likely to be successful if there is a broad coalition supporting its development. Also, we advocate that the DCC and its coalition of members pursue a CBA independent of the Environmental Impact Statement Record of Decision (ROD). Lastly, we believe it imperative that the DRIC CBA address the following topics. 1. Housing 2. Economic Development 3. Environment 4. Public Safety 5. Bridge Governance 6. Education 7. Traffic Management TABLE AKNOWLEDGMENTS 1 ACRONYMS 2 Part I: BACKGROUND AND EXISTING CONDITIONS 3 1.1 History of Detroit and Delray 4 1.1.1 Early Settlement OF 1.1.2 Industrial / Manufacturing Growth 1.1.3 The Second World War CONTENTS 1.1.4 Race and the City 1.1.5 Deindustrialization, Automation, and Decentralization 1.1.6 Detroit Burns, Rises from Its Ashes 1.1.7 Detroit Today 1.1.8 Fort Wayne 1.2 Windsor Plaza: Old Sandwich Towne 9 1.2.1 Old Sandwich Towne Overview 1.2.2 Demographics 1.2.3 Community Strengths and Weaknesses 1.2.4 Implications for Delray 1.3 Delray’s Demographic, Socio-economic and Housing Characteristics 11 1.3.1 Demographics 1.3.2 Socio-economic Indicators 1.3.3 Housing Characteristics 1.3.4 Environmental Conditions 1.4 Political Landscape 15 1.4.1 Overview 1.4.2 Methodology 1.4.3 Illegal Dumping 1.4.4 Wastewater Treatment Plant and the Minergy Clear Horizons Project 1.4.5 Environmental Protection Lawsuits: Delray v. Corporate America 1.4.6 Lessons Learned Part II: ASSESSMENT OF PLAZA ALTERNATIVES 19 2.1 Breaking Down the Options 20 2.1.1 Group 1 (Practical Alternatives 1-5): 2.1.2 Group 2 (Practical Alternatives 6, 8, 10, & 12): 2.1.3 Group #3 (Practical Alternatives 7, 9, & 11): 2.1.4 Group #4 (Practical Alternative 13): 2.2 Favorable Outcomes 23 Part III: ANTICIPATED IMPACTS 24 3.1 National Environmental Policy Act 25 3.2 Environmental Impacts 26 3.2.1 Air Quality 3.2.2 Health Impact Study 3.2.3 Noise 3.2.4 Vegetation and Habitat 3.2.5 Water Quality and Quantity 3.2.6 Shading 3.2.7 Construction 3.3 Social Impacts 32 3.3.1 Residential 3.3.2 Neighborhood Character and Community Centers 3.3.3 Historic Sites 3.4 Economic