Richard Pelletier Professor LiURP41201/29/18Individual Assignment#1 1.
ThePenn Central Transportation Company owns the Grand Central Terminal in NewYork. The site of the terminal was designated as a “landmark site” and wasprotected by certain acts prohibiting further alteration to the site. After thedesignation to the site was established, Penn Central entered into a lease withUPG Properties. UPG properties was set to construct a multi-story officebuilding above the terminal. The appellants sued, fearing that the commissionhad encroached on their 5th and 14th amendments. Pleadingthat the commission had “taken” their property, without due process of the lawin violation.
The United States Supreme court ruled that you cannot establish a”taking” by showing that they were denied “super adjacent airspace” on theremainder of the parcel. The law also did not interfere with the preexistingair rights that were transferable, as well as the reasonable rate of returnthey had on their investment. In conclusion, court ruled that they did not”take” the owners property and encroach on their 5th and 14thamendments. 2. EuclideanCode simply regulates land use in the United States, its earliest ordinancesspan as far back as 1922.
This code regulates and establishes land, based onuse. Euclidean zoning applies to institutional, residential, commercial andindustrial zoning. Euclidean code has been proven to reduce illegalovercrowding, separates uses of land, add parking and suburban sprawl. Form-BasedZoning regulates configuration, features and functions of buildings in an area.
Form-Based Zoning relieves high transit intensity, greater walkability andhigher community concentrations. Both Euclidean and Form Based Zoning allow forthere to be a better public realm, alleviate criminal activities and allow formore urban growth. These two zoning codes may not serve for the same uses of anarea, but they do serve the same purposes and characteristics for the end goalof an area. 3.
TaxIncrement Financing (TIF) repositions funds and property taxes to promoteinvestment in one’s district. “TIF” can be used in redevelopment practicesparticularly well; because as tax revenues increase due to rising propertyvalue, the funds are placed in a TIF fund that can be used by the city formultiple purposes. This ultimately helps an area grow and allows for redevelopment. 4. TheNational Environmental Policy Act (NEPA), is an US environmental law thatenhances and promotes the environment that was enacted January 1st,1970. The environmental review process under (NEPA) is required to review allfederal assisted actions. Unfortunately (NEPA) does not help with environmentalprotection 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 hadmixed emotions on the validity of EPA’S findings. 5. Exactions are requirements by a developer in orderto start building on a public area. Exactions can be fulfilled in multipleways, either a developer can pay a portion of the cost for improvement of thefacilities or can development the revisions of the plan set forth by thecommittee. Either way the state of Florida’s constitution falls under the “homerule,” which governs the impacts of development in an area. Exactions are meantto benefit the community, protecting the health, welfare and safety of the public. 6.
The APA’s findings are interesting on this matter asa planner, planners luckily have picked up on this problem and have beenfocused on alternatives. Some alternatives are using bio-degradable products,reusable products, banning non-recyclable products and packaging. We notice aninflux of trash composition per household, it is in ones benefit to reduce thevolume of trash thrown out. APA also is trying to enact a plan that allowsresources 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 amunicipality sets on an area, a property owner must apply in order to beconsidered to deviate from set code. Thereare many reasons an application may be denied. The board takes these matters ona case-by-case basis, there are many possible outcomes. Applicants mustapproach the board with irrefutable evidence and apply the new standards in aproper manner.
Many claims are denied by the addition being peculiar to theproperty or the addition may pose a public safety problems. If the board is notsatisfied by the revision proposal, the application will be denied. 8. In order toget the house-move approval in this specific case, you’d need to try to rezonethe area, which is tricky stating that it is a historical district. An ownerwould have to apply for a zoning variance and suggest a proposal that benefitsboth the community and the board.
The owner must also be informed on thealternatives and conditions that apply to the area. In this case since the homeis deemed historical and the area is a historical district, I believe thecommunity and board would approve the proposal, because of its significance. 9. Asa student studying Urban Planning, id implement more greenspace to promotesmart growth.
Greenspace is proven to alleviate mental illness, obesity andcongestion in community’s. People would be more intrigued to use other methodsof transportation and would be more prone to walking. As a planner, it is themain goal to help with the “health and wellbeing” of a community. Greenspacewould attract many people from all over and promote businesses to up rise. Theeconomy of the county would be stable and smart growth would begin to takeeffect.
10. A LIHTC project costs 10 million dollars tobuild, of which 2 million dollars went to land acquisition,marketing, and other non-eligible activities. 50% of the project islow-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 10years? (List the steps of your calculation) (2%) %9 of 10,000,000= $900,000$900,000*10=9,000,0009,000,000/5 TotalTax Credit in 10 years= 1.8 MILLION