Land Use Law Commons^™

Cityland – Vol. 3, No. 9, Center For New York City Law

CityLand - 2006

The October 2006 issue of CityLand highlights major land use, preservation, and development actions across New York City. The City Council held hearings on a proposal to create Industrial Employment Districts to protect manufacturing zones. The Planning Commission recommended an eight percent reduction in Forest City Ratner’s Atlantic Yards project and approved development in College Point after resolving landfill issues. BSA denied a grandfathering application in South Park Slope and approved variances for a SoHo development and a waterfront home in Douglaston. Landmark actions included approval of a 15-story building in the Ladies’ Mile Historic District, an emergency hearing on …

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

CityLand - 2006

The September 2006 issue of CityLand covers major land use and preservation developments across New York City. The City Council approved a modified rezoning in North Tribeca, reducing building height and floor area in response to community opposition. Landmark designations for two Staten Island homes were approved despite owner objections. The Planning Commission approved a special permit for retail use at the Plaza Hotel and expanded air rights for the Hirschfeld Theatre. BSA decisions included denial of a permit for illegal demolition in Park Slope, approval of variances for the Whitney Museum expansion, residential use in Red Hook, a dormitory …

Inclusionary Zoning In Westchester County, New York: Is It A Viable Tool To Reduce A County-Wide Housing Crisis?, Ann S. Matthews

Pace Law Review

No abstract provided.

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

CityLand - 2006

The August 2006 issue of CityLand covers significant land use and preservation developments across New York City. The City Council approved a controversial rezoning in Pelham Parkway and Indian Village, Bronx, and finalized designations for two West Village historic districts. The School Construction Authority received approval to convert the former Brooklyn Family Court into a high school. The Planning Commission approved Silvercup Studios’ 2-million-square-foot mixed-use development in Long Island City, and certified a downzoning proposal for Douglaston/Little Neck. A private developer’s rezoning in North Tribeca was approved despite opposition. The Commission also extended the inclusionary housing program to Queens for …

Cityland – Vol. 3, No. 6, Center For New York City Law

CityLand - 2006

The July 2006 issue of CityLand covers major land use and preservation developments across New York City. The City Council approved a 70-block rezoning in Jamaica Hill and Hillcrest, Queens, including the creation of a new R5D zoning district. Forest City Ratner’s 75-story development in Lower Manhattan will include a public school. The Council also approved a lease for the South Brooklyn Marine Terminal and a 12-story homeless housing facility on East Houston Street. The Planning Commission approved a rezoning and pedestrian bridge for Manhattan College’s parking garage and supermarket project, and a special permit for public parking at the …

Inclusionary Zoning: The Effect Of Market Forces On Local Housing Law, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

As the price of housing continues to rise in the New York metropolitan area, municipalities have begun creating inclusionary housing ordinances to ensure working families have a place to call home. This article analyzes the effects of inclusionary zoning ordinances on the economics of affordable housing and suggests several potential methods that local, state, and federal government may utilize to ease the financial burden on developers willing to construct affordable housing projects.

Cityland – Vol. 3, No. 5, Center For New York City Law

CityLand - 2006

The June 2006 issue of CityLand highlights significant land use, preservation, and development actions across New York City. The City Council approved a two-tower residential development on the Williamsburg waterfront and applied the Inclusionary Housing Program to the site. A mixed-use development combining a public school and residential tower was approved on the Upper East Side, facilitated by amendments to the Educational Construction Fund zoning provisions. The Planning Commission approved a 134-block rezoning in Maspeth and Woodside, Queens, and the construction of a new Willis Avenue Bridge over the Harlem River. BSA decisions included variances for a Williamsburg synagogue, a …

Slides: Planning For Sustainable Growth: Main Street Revitalization, Katherine Cornwell

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Katherine Cornwell.

33 slides.

Cityland – Vol. 3, No. 4, Center For New York City Law

CityLand - 2006

The May 2006 issue of CityLand highlights significant land use and preservation developments across New York City. The City Council approved the rezoning of 83 blocks in Utopia Estates and Fresh Meadows, Queens, to curb oversized home construction. The Council also approved the designation of the Fieldston Historic District in the Bronx, rejecting allegations of discrimination. The Planning Commission approved a text amendment and special permits for a mixed-use development at 311 West Broadway in SoHo, and certified applications for air rights transfers from the Al Hirschfeld Theatre and multiple parking garages in the Columbus Circle area. BSA decisions included …

Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp

ExpressO

Recently the Supreme Court has made it clearer that minimum scrutiny is a factual analysis. Whether in any government action there is a rational relation to a legitimate interest is a matter of determining whether there is a policy maintaining important facts. This has come about in the Court’s emerging emphasis on developing fact-based criteria for determining government purpose. Thus, those who want to affect zoning and eminent domain outcomes should look to what the Court sees as important facts, and whether government action is maintaining those facts with its proposed land use or eminent domain action.

Fear And Loathing: Combating Speculation In Local Communities, Ngai Pindell

University of Michigan Journal of Law Reform

Local governments commonly respond to economic and social pressures on property by using their legal power to regulate land uses. These local entities enact regulations that limit property development and use to maintain attractive communities and orderly growth. This Article argues that government entities should employ their expansive land use powers to limit investor speculation in local markets by restricting the resale of residential housing for three years. Investor speculation, and the upward pressure it places on housing prices, threatens the availability of affordable housing as well as the development of stable neighborhoods. Government regulation of investor speculation mirrors existing, …

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

CityLand - 2006

The April 2006 issue of CityLand centers on the City Council’s approval of the new Yankee Stadium project in the Bronx, which includes a new stadium, 15.82 acres of new parkland, four parking garages, and a Yankees museum. The Council also held a hearing on the controversial designation of the Fieldston Historic District in the Bronx and approved a modified upzoning for two lots in East Windsor Terrace, Brooklyn. The Planning Commission approved the conversion of the Toy Center in Chelsea to residential use, a rezoning of 82 blocks in Bayswater and Far Rockaway, and a new DOT maintenance yard …

Cityland – Vol. 3, No. 2, Center For New York City Law

CityLand - 2006

The March 2006 issue of CityLand covers a wide range of land use and preservation developments across New York City. The City Council approved rezonings in Sheepshead Bay and Homecrest, Brooklyn, and adopted follow-up corrective actions (FUCAs) for the Greenpoint-Williamsburg rezoning. The Planning Commission approved rezonings in Midwood, Pelham Bay, Westchester Square, and Middle Village/Glendale, as well as modifications to the High Line/West Chelsea district and the establishment of Flight 587 Memorial Park in Far Rockaway. A special permit for a parking garage in Gramercy was approved despite opposition from new Manhattan Borough President Scott Stringer. The Bay Ridge 5th …

Cityland – Vol. 3, No. 1, Center For New York City Law

CityLand - 2006

The February 2006 issue of CityLand highlights major land use and preservation developments across New York City. The City Council approved the redevelopment of the Bronx Terminal Market into a one-million-square-foot retail center and down-zoned 311 blocks in Whitestone, Queens. Staten Island saw three commercial rezonings and a text amendment to restrict residential-only development in commercial districts. The Council also approved zoning changes for Metropolis Studios in East Harlem and adopted 17 corrective amendments to the Hudson Yards revitalization plan. The Planning Commission approved rezonings in Baychester, Woodlawn, Ferry Point, Sheepshead Bay, and Homecrest. BSA decisions included variances for a …

Making Main Street Legal Again: The Smartcode Solution To Sprawl, Chad Emerson

ExpressO

No abstract provided.

Champions Of Change: Reinventing Democracy Through Land Law Reform, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

This Article explores the prospects of achieving policy coherence in the field of land use regulation. It explains how, as municipal governments react to pressures and crises at the local level, they discover and adopt new strategies in a constant process of experimentation. Through a properly constructed legal framework, critical information can be relayed from local to higher levels of government, state and federal legislators and judges can respond, and a "system" of law can evolve. Using theories developed in the fields of systems analysis and diffusion of innovations, the Article describes the process by which local communities perceive land …

Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine

Scholarly Works

No abstract provided.

Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin

Scholarly Works

This article reviews reported cases and opinions documenting allegations of unethical conduct involved in land use planning and zoning decision making in 2006.

States Beginning To Recognize That Training Is Essential For Members Of Planning And Zoning Boards And Local Legislative Bodies, Patricia E. Salkin

Scholarly Works

Members of planning and zoning boards and local legislative bodies constantly make decisions that may be worth millions of dollars to applicants and that may have serious impacts on public health and safety. Unlike other players in the land use decision making process members of local legislative bodies and land use boards have no specific education or training in land use matters prior to their election or appointment putting them in the position to learn solely from “on the job training”. Five (5) states currently require mandatory training and continuing education courses for members of planning boards and zoning boards …

Zoning For Home Occupations: Modernizing Zoning Codes To Accommodate Growth In Home-Based Businesses, Patricia E. Salkin

Scholarly Works

This article offers readers ideas and examples of ways to modernize local zoning laws to balance the growing demand by residents to engage in legitimate home-based businesses while protecting community character and the health, safety, and welfare of neighbors in residential zoning districts.

Examining Land Use Planning And Zoning Ethics From A Planner’S Perspective: Lessons For All Stakeholders In The Real Estate Game, Patricia E. Salkin

Scholarly Works

This article examines the Code of Ethics and Professional Conduct of the American Institute of Certified Planners (AICP). Only two states, Michigan and New Jersey, license planners as a profession. This makes ability for planners to achieve certification from the AICP important and raises the prominence of the AICP Code of Ethics, since as a condition of membership, each AICP member agrees to abide by the Code.

Can Florida’S Legislative Standard Of Review For Small-Scale Land Use Amendments Be Justified?, Bernard R. Appleman

ExpressO

This article examines the legal justification and practical application of recent Florida Supreme Court decisions classifying all comprehensive plan amendments as legislative decisions and all other zoning changes as quasi-judicial. The author outlines historical trends and concerns relating to the appropriate standard of judicial review for zoning actions, followed by a review of the evolution of the statutes and case law in Florida. The article challenges the standard of deference for legislative review of zoning actions based on separation of powers and due process. It also identifies inconsistencies in Florida case law and inequities in local government processes for reviewing …

Cityland – Vol. 2, No. 11, Center For New York City Law

CityLand - 2005

The December 2005 issue of CityLand highlights significant land use and preservation actions across New York City. The City Council approved rezonings in South Park Slope, Olinville (Bronx), and two Staten Island neighborhoods (Bay Terrace and Oakwood), aimed at curbing overdevelopment and preserving neighborhood character. The Council also overrode Mayor Bloomberg’s veto to reject the landmark designation of the Austin Nichols warehouse in Williamsburg. The Planning Commission approved a 718-space garage adjacent to the High Line and a new Business Improvement District in Flatbush. BSA decisions included variances for a NoHo mixed-use building, a West Village nursing home, and a …

Cityland – Vol. 2, No. 10, Center For New York City Law

CityLand - 2005

The November 2005 issue of CityLand covers a wide range of land use and preservation developments across New York City. The City Council rejected the landmark designation of the Jamaica Savings Bank in Queens, while approving the Far West Village rezoning and the landmarking of the Plaza Hotel’s interior rooms. A proposed rezoning in Bedford-Stuyvesant was denied due to concerns over job loss. Staten Island saw the elimination of commercial overlays in 21 areas. The Planning Commission approved the transfer of Admiral’s Row to the Brooklyn Navy Yard and began concurrent review of Columbia University’s expansion and Community Board 9’s …

Cityland – Vol. 2, No. 9, Center For New York City Law

CityLand - 2005

The October 2005 issue of CityLand marks its one-year anniversary and features major land use and zoning actions across New York City. Highlights include the City Council’s approval of rezoning in Far Rockaway, College Point, and Rego Park, as well as a controversial sanitation garage lease extension in Williamsburg. The Council also approved a 26-story tower in Lenox Hill and a 388-foot residential tower in Tribeca. The Planning Commission approved the Ocean Dreams project in Coney Island, a Staten Island shopping center, and the elimination of commercial overlays in Staten Island. BSA decisions include approval of a SoHo residential building, …

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

CityLand - 2005

The September 2005 issue of CityLand highlights major land use and zoning actions across New York City. Key developments include the City Council’s approval of Enrique Norten’s glass tower at One York Street in Tribeca and a text amendment allowing heliostats and wind turbines atop buildings in Battery Park City. The Council also approved a housing project for the mentally ill in East New York. The Planning Commission approved a major mixed-use development at 270 Greenwich Street and a controversial parking garage in Chelsea. BSA decisions include a denied appeal for a Van Cortlandt Village development, a variance for Robert …

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

CityLand - 2005

The August 2005 issue of CityLand highlights significant land use and zoning actions across New York City. Key developments include the City Council’s approval of rezoning in East Flushing, Pelham Gardens, Cambria Heights, and Staten Island neighborhoods to curb overdevelopment and preserve community character. The Council also approved a new primary/intermediate school in Canarsie. Landmark actions include the designation of the Plaza Hotel’s interiors, the re-calendaring of Seaman Cottage, and hearings on the Drake-DeHart House and the Austin, Nichols & Co. Warehouse. BSA decisions feature approvals for residential conversions in College Point, Bay Ridge, and Astoria, and withdrawals of controversial …

Cityland – Vol. 2, No. 6, Center For New York City Law

CityLand - 2005

The July 2005 issue of CityLand highlights major land use and zoning developments across New York City. Key coverage includes the City Council’s approval of Lincoln Center’s redesign, featuring new public spaces, signage, and expanded cultural facilities. The Council also approved the West Chelsea/High Line rezoning, enabling the transformation of the elevated rail line into a public park. Other actions include the General Motors Plaza renovation, Rockefeller Center signage amendments, and the downzoning of Bensonhurst and Staten Island neighborhoods. The issue reports on the approval of a new bridge in the Bronx, a DUMBO Business Improvement District, and multiple affordable …

Effective Disaster Mitigation Depends Upon Well-Coordinated Local Land Use Planning And Zoning, Patricia E. Salkin

Scholarly Works

No abstract provided.

Cityland – Vol. 2, No. 5, Center For New York City Law

CityLand - 2005

The June 2005 issue of CityLand reports on significant land use and zoning actions across New York City. Highlights include the City Council’s approval of the Kissena Park downzoning, marking the fourth Queens neighborhood rezoned in 2005, and the final approval of the Greenpoint-Williamsburg rezoning. The issue also covers the approval of two new high schools in Brooklyn and Staten Island, modifications to the Millennium Hotel plaza, and the addition of two public parking garages in Lower Manhattan. HPD advanced seven affordable housing projects totaling 668 units. Landmark actions include the designation of the Summit Hotel and Ralph Bunche House, …