Land Use Law Commons^™

Cityland – Vol. 8, No. 6, Center For New York City Law

CityLand - 2011

This issue of CityLand covers significant land use and development activity in New York City as of July 15, 2011. The City Council approved a modified 130-block rezoning in Sunnyside and Woodside, Queens, reducing building height limits along Queens Boulevard. A controversial rezoning in Whitestone was approved to allow expansion of the White House restaurant, while a rezoning for a mixed-use project in Flushing was also approved. A proposed rezoning in Cambria Heights was withdrawn following community opposition. The City Planning Commission certified the Admirals Row Plaza redevelopment in the Brooklyn Navy Yard and authorized Phase 1 of Freshkills Park’s …

Cityland – Vol. 8, No. 5, Center For New York City Law

CityLand - 2011

This issue of CityLand covers major land use and policy developments in New York City as of June 15, 2011. The City Council considered the Fair Wages for New Yorkers Act, which would mandate living wages for employees of businesses receiving City subsidies. The Council also approved the West Clinton rezoning, enabling residential development and applying the Inclusionary Housing Program. The proposed Chinatown BID advanced, despite concerns over its assessment formula. A zoning text amendment was introduced to regulate sidewalk cafes in Harlem’s Special 125th Street District. The Council proposed fee increases for DOB and BSA applications. The City Planning …

Cityland – Vol. 8, No. 4, Center For New York City Law

CityLand - 2011

This issue of CityLand covers significant land use and zoning developments in New York City as of May 15, 2011. The City Council approved Harlem River Point, a mixed-income housing project in East Harlem, and advanced a large contextual rezoning for South Jamaica, Queens. The Council held its first oversight hearing on the City Charter’s “fair share” rules, examining the equitable distribution of municipal facilities. Separate rezonings were approved for Carroll Street in Brooklyn to support residential development. The Atlantic Avenue BID proposal moved forward, while a zoning text amendment was adopted to allow public and café seating in arcades …

Cityland – Vol. 8, No. 3, Center For New York City Law

CityLand - 2011

This issue of CityLand highlights major land use and zoning developments across New York City as of April 15, 2011. The City Council approved several affordable housing projects, including Courtlandt Crescent in Melrose, Clinton Commons in Manhattan, and developments in East Tremont and South Williamsburg. The Webster Avenue/Bedford Park/Norwood rezoning plan was adopted to encourage contextual residential growth and commercial revitalization in the Bronx. The City Planning Commission approved the creation of a large Chinatown Business Improvement District encompassing over 6,000 businesses. Landmark designations included the Japan Society Headquarters, Engineers’ Club Building, and the Neighborhood Playhouse. The Landmarks Preservation Commission …

Cityland – Vol. 8, No. 2, Center For New York City Law

CityLand - 2011

This issue of CityLand covers major land use and development initiatives in New York City as of March 15, 2011. The City Council held a contentious oversight hearing on Wal-Mart’s potential entry into the NYC market, raising concerns about its impact on small businesses. The City Planning Commission approved several affordable housing projects, including developments in East Harlem, the East Village, and the Bronx’s Melrose neighborhood. A mixed-use rezoning in Williamsburg advanced despite community opposition. The Board of Standards & Appeals granted a variance for the Knickerbocker Hotel’s conversion back to hospitality use and approved expanded commercial use for a …

Cityland – Vol. 8, No. 1, Center For New York City Law

CityLand - 2011

This issue of CityLand covers key land use and zoning developments in New York City as of February 15, 2011. Highlights include the City Council’s rejection of the landmark designation for Grace Episcopal Church Memorial Hall in Queens, citing community opposition and procedural concerns. The Council approved multiple zoning text amendments, including clarifications to the definitions of “development” and “building,” and modifications to the Lower Density Growth Management Area (LDGMA) regulations affecting Staten Island and the Bronx. Rezoning efforts in Bayside, Williamsburg, and Midtown South advanced mixed-use and affordable housing projects. The issue also reports on the creation of new …

Urban Green Uses: The New Renewal, Catherine J. Lacroix

Faculty Publications

As they confront dramatically reduced population and little prospect of significant near-term growth, several cities in the rust belt have turned to innovative tactics to put excess land to beneficial use. These measures include the creation of active land banks, downzoning for "green" uses such as urban agriculture, possible consolidation of population and abandonment of utility and public services, and installation of green infrastructure, such as stormwater retention and renewable power generation facilities, on publicly owned land. In the process, these cities face intriguing legal questions: What steps are needed to form an effective land bank? What is the liability …

Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia E. Salkin, Amy Lavine

Scholarly Works

Governments at all levels have become increasingly interested in fostering healthy eating habits and sustainable agricultural production. Promoting access to locally grown produce is an important part of many policy goals seeking to address these concerns, and the concept of regional foodsheds has risen in popularity as one method to achieve these goals. Research indicates that community based food systems have the potential to address food security, public health, social justice, and ecological health. Food production and consumption patterns are influenced by a range of federal, state, and municipal policies, but meaningful change in regional food system policies is likely …

Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin

Scholarly Works

This article explores how social networking sites have been used or might be used in the land use context. Part I focuses on the use of social networking for land use planning and zoning. It includes a discussion of the pros and cons of the use of social networking sites to present public information and to gather public input and invite general participation in the process, as well as to provide notice to the public of forthcoming government decision-making. This section offers concrete examples of how this technology is currently being used in the land use context. Part II focuses …

They Do Teach That In Law School: Incorporating Best Practices Into Land Use Law, Patricia E. Salkin

Scholarly Works

This article, prepared as a follow-up to Salkin & Nolon, Practically Grounded: Convergence of Land Use Pedagogy and Best Practice, 60 J.Legal Education 519 (2011), describes how practice-based assignments can supplement the traditional casebook method of instruction to meet goals and measure outcome assessments for students in the course. The article is based on my own course goals and explains how each assignment relates to individual outcome assessments.

Medical Marijuana Zoned Out: Local Regulation Meets State Acceptance And Federal Quiet Acquiescence, Patricia E. Salkin, Zachary Kansler

Scholarly Works

Sixteen states and the District of Columbia currently permit the medical use of marijuana, yet state statutes fail to account for the challenges that confront municipal planners and officials whose agenda includes public health, safety and welfare of residents, including minor children. The intensity of the problem is perhaps most evident in Los Angeles, where there are approximately 800 dispensaries. Varying statutory approaches are provided for individuals to legitimately acquire the drug - they may grow it themselves, they may obtain it from their primary caregiver, or they may obtain it from a licensed dispensary. This raises a number of …

Practically Grounded: Convergence Of Land Use Law Pedagogy And Best Practices, Patricia E. Salkin, John R. Nolan

Scholarly Works

The changing dynamics in the field of land use and sustainable community development law demand that land use law professors rethink the way in which we prepare law students to practice law in this area. This needed paradigm shift converges with the growing momentum of the best practices movement which urges law schools to dramatically revise the curricular approach to legal education, arguing that traditional models are no longer effectively serving the goal of producing competent and fully prepared new lawyers. A perfect storm is present and a unique opportunity exists through the application of many “best practices” concepts for …

Regulating Controversial Land Uses, Patricia E. Salkin

Scholarly Works

While the definition of what may constitute a controversial land use differs from community to community, the bottom line is that land use controls have been attempting to regulate these uses since the advent of zoning (and through nuisance law before that). When regulating many types of controversial land uses, constitutional issues may come into play and federal and state preemption issues may arise. However, local governments typically have wide discretion in designing standards and regulations for many types of controversial uses. This article explores four typically controversial uses - off-campus fraternity and sorority housing, tattoo parlors, medical marijuana and …

Making A List And Checking It Twice, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Cityland – Vol. 7, No. 11, Center For New York City Law

CityLand - 2010

The December 2010 issue of CityLand highlights significant land use, zoning, and preservation developments across New York City. The City Council modified Extell’s Riverside Center proposal on the Upper West Side, increasing on-site affordable housing and school space. Supportive housing projects were approved in the East Village and Prospect Lefferts Gardens, with community concerns addressed through design revisions. The Board of Standards & Appeals granted variances for a three-building affordable housing project in East Tremont, Bronx, citing site constraints from an abandoned railway. Landmarks designated Paul Rudolph’s penthouse at 23 Beekman Place and two Federal-era rowhouses on Grand Street, while …

Cityland – Vol. 7, No. 10, Center For New York City Law

CityLand - 2010

The November 2010 issue of CityLand covers major land use, zoning, and preservation developments across New York City. The City Council approved modified rezonings in Auburndale, Oakland Gardens, and Hollis Hills in Queens, and contextual rezonings in the Far West Village, East Village, North Tribeca, and Central Bronx. The Culver El housing project in Borough Park was modified to retain manufacturing zoning and extend affordability terms. The Department of Sanitation withdrew a controversial garage lease proposal in East Williamsburg. The Board of Standards & Appeals upheld the Trump SoHo permit, rejecting a community challenge over floor area calculations. Landmarks designated …

Cityland – Vol. 7, No. 9, Center For New York City Law

CityLand - 2010

The October 2010 issue of CityLand covers major land use and preservation developments across New York City. The City Council approved the large-scale rezoning of Rosedale in Queens to preserve its low-density character, and adopted the CarShare Text Amendment to regulate off-street parking for car-share vehicles. Hour Children’s affordable housing project for formerly incarcerated women in Ravenswood was approved. The City Planning Commission advanced rezonings in North Tribeca, West Harlem (Sugar Hill), and East Tremont in the Bronx, all aimed at promoting mixed-use development and affordable housing. The Board of Standards & Appeals granted vested rights to a Staten Island …

The Georgia Greenway Guidebook: A Tool For Governments, Communities, And Individuals, Christine Clay, Kathleen Nelson, Katie Biszko

Land Use Clinic

The purpose of this guidebook is to provide a tool for local governments, community organizations and individuals that are considering launching or reinvigorating a greenway development project.

Section II of this guidebook explains the concept and use of greenways, as well as many of important steps and considerations for developing greenway projects from inception to completion.

Potential greenway corridors in Georgia are explored in Section III, such as riparian corridors, interstate and highway rights-of-way, railway corridors, fuel pipeline easements, and transmission line easements along high-tension power lines.

Part IV explores aspects of greenway project development, including the need to create …

Cityland – Vol. 7, No. 8, Center For New York City Law

CityLand - 2010

The September 2010 issue of CityLand covers significant land use, zoning, and preservation developments across New York City. The City Council approved Vornado Realty Trust’s 15 Penn Plaza commercial tower, despite concerns about its impact on the Empire State Building and MWBE participation. The City Planning Commission approved large rezonings in northeast Queens (Auburndale, Oakland Gardens, Hollis Hills) and Rosedale, as well as the Culver El rezoning and housing project in Borough Park. A supportive housing project for women in Prospect Lefferts Gardens was debated. The Commission also approved a zoning text amendment regulating car-share parking. The Board of Standards …

Cityland – Vol. 7, No. 7, Center For New York City Law

CityLand - 2010

The August 2010 issue of CityLand covers major land use, zoning, and preservation developments across New York City. The City Council approved the Flushing Commons and Macedonia Plaza projects in Queens, following a $6 million commitment to support small businesses during construction. The Council also approved the redevelopment of the Domino Sugar site in Williamsburg and advanced the acquisition of the final section of the High Line. The City Planning Commission approved the 15 Penn Plaza commercial tower proposal, which includes reopening the historic Gimbels Passageway. The issue reports on a proposed zoning text amendment to regulate car-share parking and …

Cityland – Vol. 7, No. 6, Center For New York City Law

CityLand - 2010

The July 2010 issue of CityLand covers significant land use, zoning, and preservation developments across New York City. Highlights include the City Council’s approval of a modified version of the Domino Sugar redevelopment in Williamsburg, restoring the height of the office tower and adjusting other components. The Council also approved a zoning text amendment to facilitate a 22-story affordable housing project in West Chelsea and a rezoning for a mixed-income development in Crotona Park East, Bronx. Additional approvals included a new public school facility for P.S. 51 in Clinton and a thirteen-story mixed-use building near Fordham University. The City Planning …

Cityland – Vol. 7, No. 5, Center For New York City Law

CityLand - 2010

The June 2010 issue of CityLand covers major land use, zoning, and preservation developments across New York City. Highlights include the City Council’s approval of the landmark designation for the West Park Presbyterian Church on the Upper West Side, despite opposition from the congregation. The Council also approved a comprehensive rezoning of 238 blocks in Astoria, Queens, while rejecting a proposed commercial overlay for a bank development in Borough Park, Brooklyn. The City Planning Commission reviewed the Flushing Commons proposal—a large mixed-use development replacing a municipal parking lot—and certified rezonings for northeast Queens, the Bronx’s Third Avenue corridor, and Manhattan’s …

Cityland – Vol. 7, No. 4, Center For New York City Law

CityLand - 2010

The May 2010 issue of CityLand covers major land use and zoning developments across New York City. Highlights include the City Council’s approval of the Rose Plaza on the River project in Williamsburg, which increased affordable housing to 30% of units. The City Planning Commission reviewed the proposed redevelopment of the Domino Sugar site, raising concerns about infrastructure and affordability. A zoning text amendment was introduced to regulate car-share vehicle parking citywide. The Council approved Knickerbocker Commons, a Bushwick apartment building designed to meet Passive House energy standards. Staten Island’s Grymes Hill and Sunnyside neighborhoods were rezoned to preserve low-density …

Cityland – Vol. 7, No. 3, Center For New York City Law

CityLand - 2010

The April 2010 issue of CityLand covers significant land use, preservation, and legal developments in New York City. The City Council approved a zoning text amendment to close a parking loophole in Bronx Community District 10. The City Planning Commission approved the controversial Rose Plaza on the River development in Williamsburg and held hearings on the Astoria contextual rezoning and an energy-efficient affordable housing project in Bushwick. BSA denied a variance for additional townhouses in Park Slope and granted variances for Central Synagogue and a Carroll Gardens development. Landmark actions included the designation of the Upper East Side Historic District …

Cityland – Vol. 7, No. 2, Center For New York City Law

CityLand - 2010

The March 2010 issue of CityLand covers major land use and preservation developments in New York City. The City Council approved Gotham Organization’s mixed-use development in Clinton, Manhattan, which includes 600 affordable units and a new school. The City Planning Commission rejected a proposed commercial overlay extension on Sullivan Street and certified Vornado Realty Trust’s 15 Penn Plaza office tower proposal. The Commission also approved a citywide Residential Streetscape Preservation text amendment and heard testimony on a rezoning proposal for Queens Boulevard. BSA granted variances for NYU’s Center for Academic and Spiritual Life and a Tribeca residential building. Landmark actions …

Cityland – Vol. 7, No. 1, Center For New York City Law

CityLand - 2010

The February 2010 issue of CityLand covers significant land use, preservation, and legal developments in New York City. A judge enjoined the Broadway Triangle rezoning plan following its approval by the City Council. The Council also approved a 393-unit affordable housing project in the Bronx and adopted the Sunset Park 197-a Plan. Staten Island’s Sandy Ground neighborhood was downzoned to preserve its historic character. The City Planning Commission certified the massive Domino Sugar redevelopment proposal and approved a rooftop addition in the Upper West Side. A proposed commercial overlay extension on Sullivan Street raised concerns about neighborhood character. BSA granted …

Urban Agriculture And Other Green Uses: Remaking The Shrinking City, Catherine J. Lacroix

Faculty Publications

For many decades, the primary challenge of land use law has been how to promote and channel growth and development. Nobody wants stagnation; the cure is growth, and lately the cure has been “smart growth.” In the last several years, however, some cities have begun openly to address a previously unacknowledged truth: some cities will and do shrink. They lose population and have no foreseeable prospect of ever regaining it. The land use planning community has begun to grapple with the issue of the shrinking city, asking how we can achieve managed, “smart” shrinkage To some extent, the answer is …

No Protectable Property Interest In Making Land Use Decisions And Other Ethics In Land Use Issues 2009-2010, Patricia E. Salkin

Scholarly Works

This annual review of reported decisions and opinions focused on ethical considerations in land use planning and decision-making, continues to highlight the hotly litigated issues surrounding conflicts of interest of various players in the land use game.

Relationships, The Rules Of Professional Conduct And Land Use: Ethical Quagmires For Land Use Attorneys, Patricia E. Salkin

Scholarly Works

This article begins to fill the void by introducing the application of the various Rules of Professional Conduct, as adopted by the specific opining jurisdiction, through a review of the relevant reported opinions of the various committees and sometimes courts, in the land use context. Part I discusses the challenges that arise for lawyers vis-à-vis their clients in the land use context. This is followed by a discussion in Part II of the ethics and professionalism issues that confront lawyers who serve on local boards.

Abandonment, Discontinuance And Amortization Of Nonconforming Uses: Lessons For Drafters Of Zoning Regulations, Patricia E. Salkin

Scholarly Works

Observing that a disproportionate number of reported cases highlighted inn the Law of the Land blog (www.lawoftheland.wordpress.com) are opinions addressing the subject of nonconforming uses, this column attempts to unravel some of the legal issues that stem from poor drafting of these provisions in zoning regulations, and demonstrates options for practitioners and drafters to better regulate for the eventual disappearance of nonconformities.