Penn Central Transportation Company owns the Grand Central Terminal in New
York. The site of the terminal was designated as a “landmark site” and was
protected by certain acts prohibiting further alteration to the site. After the
designation to the site was established, Penn Central entered into a lease with
UPG Properties. UPG properties was set to construct a multi-story office
building above the terminal. The appellants sued, fearing that the commission
had encroached on their 5th and 14th amendments. Pleading
that the commission had “taken” their property, without due process of the law
in violation. The United States Supreme court ruled that you cannot establish a
“taking” by showing that they were denied “super adjacent airspace” on the
remainder of the parcel. The law also did not interfere with the preexisting
air rights that were transferable, as well as the reasonable rate of return
they had on their investment. In conclusion, court ruled that they did not
“take” the owners property and encroach on their 5th and 14th
Code simply regulates land use in the United States, its earliest ordinances
span as far back as 1922. This code regulates and establishes land, based on
use. Euclidean zoning applies to institutional, residential, commercial and
industrial zoning. Euclidean code has been proven to reduce illegal
overcrowding, separates uses of land, add parking and suburban sprawl. Form-Based
Zoning regulates configuration, features and functions of buildings in an area.
Form-Based Zoning relieves high transit intensity, greater walkability and
higher community concentrations. Both Euclidean and Form Based Zoning allow for
there to be a better public realm, alleviate criminal activities and allow for
more urban growth. These two zoning codes may not serve for the same uses of an
area, but they do serve the same purposes and characteristics for the end goal
of an area.
Increment Financing (TIF) repositions funds and property taxes to promote
investment in one’s district. “TIF” can be used in redevelopment practices
particularly well; because as tax revenues increase due to rising property
value, the funds are placed in a TIF fund that can be used by the city for
multiple purposes. This ultimately helps an area grow and allows for redevelopment.
National Environmental Policy Act (NEPA), is an US environmental law that
enhances and promotes the environment that was enacted January 1st,
1970. The environmental review process under (NEPA) is required to review all
federal assisted actions. Unfortunately (NEPA) does not help with environmental
protection and does not look consistency at impacts on the environment.
Focusing on clean air for the environment; (NEPA) does a categorical exclusion,
environmental impact statement, and environmental assessment. Many have had
mixed emotions on the validity of EPA’S findings.
5. Exactions are requirements by a developer in order
to start building on a public area. Exactions can be fulfilled in multiple
ways, either a developer can pay a portion of the cost for improvement of the
facilities or can development the revisions of the plan set forth by the
committee. Either way the state of Florida’s constitution falls under the “home
rule,” which governs the impacts of development in an area. Exactions are meant
to benefit the community, protecting the health, welfare and safety of the public.
6. The APA’s findings are interesting on this matter as
a planner, planners luckily have picked up on this problem and have been
focused on alternatives. Some alternatives are using bio-degradable products,
reusable products, banning non-recyclable products and packaging. We notice an
influx of trash composition per household, it is in ones benefit to reduce the
volume of trash thrown out. APA also is trying to enact a plan that allows
resources to be converted to soil additives that help the environment.
Compaction efforts have allowed for there to be less landfills and debris,
benefiting a community.
7. Zoning Variance is a change from the rules a
municipality sets on an area, a property owner must apply in order to be
considered to deviate from set code. There
are many reasons an application may be denied. The board takes these matters on
a case-by-case basis, there are many possible outcomes. Applicants must
approach the board with irrefutable evidence and apply the new standards in a
proper manner. Many claims are denied by the addition being peculiar to the
property or the addition may pose a public safety problems. If the board is not
satisfied by the revision proposal, the application will be denied.
8. In order to
get the house-move approval in this specific case, you’d need to try to rezone
the area, which is tricky stating that it is a historical district. An owner
would have to apply for a zoning variance and suggest a proposal that benefits
both the community and the board. The owner must also be informed on the
alternatives and conditions that apply to the area. In this case since the home
is deemed historical and the area is a historical district, I believe the
community and board would approve the proposal, because of its significance.
a student studying Urban Planning, id implement more greenspace to promote
smart growth. Greenspace is proven to alleviate mental illness, obesity and
congestion in community’s. People would be more intrigued to use other methods
of transportation and would be more prone to walking. As a planner, it is the
main goal to help with the “health and wellbeing” of a community. Greenspace
would attract many people from all over and promote businesses to up rise. The
economy of the county would be stable and smart growth would begin to take
10. A LIHTC project costs 10 million dollars to
build, of which 2 million dollars went to land acquisition,
marketing, and other non-eligible activities. 50% of the project is
low-income units and the project is located in a Qualified Census Tract (QCT).
The project receives a 9% annual tax credit. What is the total tax credit in 10
years? (List the steps of your calculation) (2%)
%9 of 10,000,000= $900,000
Tax Credit in 10 years= 1.8 MILLION