Urb Planning Final Flashcards
5th Amendment/Constitutionality of Planning
“Nor shall private property be taken for public use w/o just compensation”
Known as “TAKINGS CLAUSE”
14th Amendment
“No one shall be deprived of life, liberty, or property w/o due process of law”
Prevents irrational actions including discriminatory actions perpetrated by a regulating entity
Encourages judicial action if agreement is not reached between parties outside of court
Ramapo 1964 Land Use Ordinance (Oregon)
Said that a property owner needed to meet 15/23 requirements to get a building permit
1973 Held up in court
1973 State Growth Management Plan (Oregon)
Required each urban area identify urban growth boundaries
2004 Measure 37 Referendum (Oregon)
Proposed that property rights should allow rule to be waived or property owners to be justly compensated
Passed by a 61% vote
2007 Measure 49 Referendum (Oregon)
Rescinded/reversed Measure 37
Passed by a 61% (irony, the times they are a changin’)
Hadacheck v. Sebastian-1915
Ruled that land use regulations were valid in a nuisance case. Hadacheck was ordered to move certain operations that created lots of noise in his brick factory to an alternate site. He said hell no. Court said, well, actually, you gotta move.
Berman v. Parker(DC) (1954)
Berman was a furniture store owner in an area being “revitalized” by a city of Washington DC. They enacted EMINENT DOMAIN but he refused to move.
The court ruled that the city could use it for achieving economic redevelopment objectives!
Penn Central Transportation v. NYC (1978)
Company wanted to build a skyscraper on top of its property (Grand Central Station), however the city had designated the site as “historical.” and thus development on it was prohibited. Company sued, but Court ruled in favor of city, and said that the historical designation was valid
This is not a takings because the company had not yet invested in new development
Takings must be unjust prevention of profit from development that is INVESTMENT-BACKED. Or interfering with investments previously made.
Nollan v. California Coastal Commission (1987)
Court prevented CCC from requiring Nollan to provide public beach access as a condition to enlarging his house
Court said there was no “Essential Nexus” for the CCC’s mandate
Lucas v. South Carolina Coastal Council (1992)
SCCC tried to block further development, prevented Mr. Lucas from developing on two beachfront lots. The Court ruled the state’s action a “TAKINGS” and ordered SCCC to provide Mr. Lucas w $1.6 Million in damages
Also they passed the law right after he bought the property
Dolan v. City of Tigard (1994)
Municipality tried to tell a property owner that they had to dedicate land to environmental purposes (i.e, rec trail) in return for a variance that would permit enlargement of store parking lot. Court said NO FUCKING WAY!!
Kelo v. City of New London (2005) DEV
was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another private owner to further economic development. In a 5–4 decision, the Court held that the general benefits a community enjoyed from economic growth qualified private development plans as a permissible “public use” under the Takings Clause of the Fifth Amendment.
Polazzolo v. Rhode Island, (2001)
SC made a ruling on whether or not it mattered if the law predated the purchase of the property. Said the purchaser of a property could still make a valid claim even if the law predated their purchase on the property
However they did not make a ruling on a Takings, they delegated that ruling to a lower court, they focused on issue described above in case description
They ruled this way because RBG thought that it was discriminatory to rule otherwise.
The Nexus Test
The relationship between a problem and solution must be shown to uphold the validity of the condition for approval.
Housing Act of 1949
created Urban Renewal Program
Housing Act of 1954
Required the Establishment of a “Workable Plan”
Community Development Block Grant Program (CDBG) 1974 was established to
replace the alphabet soup of categorical grants. Funds must be used primarily to benefit low and moderate income persons (who make less than 80% of area’s median household income)
Fundable Areas of CDBG Program
Housing abandonment and rehab
Commercial Revitalization
Improving Neighborhood Services
1977: Urban Development Action Grant Program…Objectives, Focus?
Objective: Enhance the economic attractiveness of underutilized/abandoned commercial area
Focus: Land Assembly, Redesign, reconfiguration of infrastructure
Introduced public/private partnerships
Program was terminated under the Reagan administration.
1980s: Emergence of Economic Development Administration (EDA)– Primary Criteria?
Unemployment rates were the primary criteria for funding
Poverty rates were secondary criteria
Designed to leverage federal money w private sector initiatives to create jobs
Program continues to exist today.
Daniel Burnham
City Beautiful
Ebenezer Howard
Garden City
Frederick Law Olmstead
Central Park, Landscape Architecture
Euclid v. Amber
1926 Upheld constitutionality of zoning
First comprehensive zoning law (where and when)
1916 NYC
Origin of Zoning in US
San Francisco
1879 Dumbbell Plan
In NYC, new requirements required 1 outdoor window per room as well as 2 toilets per floor.
Dumbbell building shape accommodated this
First Public Works Project in US
Erie Canal 1817-1825
Railroad Flats Length?
25’ X 75’ buildings in 25’ X 100’ lots
Railroad Flats Height, #Units, #Windows, Conditions?
5-7 story walkups
4 units per floor w central stairwell
1-2 windows per floor
Water from outside line
Three Major Movements
Public Health Movement
Garden City Movement
City Beautiful Movement
first laws recognizing housing conditions
Tenement Law of 1867
Public Health Movement
1860s
Tenement Laws emerge
Land is set aside for Central Park
Zoning emerges as a substantial force
First U.S City to reach 1 Million Residents and When?
NYC, 1880
Tenement Law of 1901
Required Bathroom in each apartment
Regulations were retroactive!
Garden City Movement
Began w Ebenezer Howard in England in 1800s
25,000-30,000-person cities interconnected by trains
Focused on separation of land-uses
Anti-Urban
Which aspect of the Garden City Movement was adopted by the united states
Separation of land use became model for suburban zoning in the U.S. communities at the time
City Beautiful Movement
Municipal Art, civic improvement, landscape of public spaces,
When did the City Beautiful Movement start?
1893 @ Columbia Exposition in Chicago
Faults of City Beautiful Movement?
No citizen participation, neglected social issues, focus on physical attributes not functional attributes
Standard State Planning Enabling Act (Year)
1922
Standard City Planning Enabling Act (Year)
1928
Housing Act of 1934
Federal Housing Administration created
Housing Act of 1937
Foundation for public housing program to construct public housing units for occupancy by low income households
Planning is the _______ and Zoning is the ______
Vision…Regulation
What did the Housing Act of 1949 Really Lead to?
“Slum Clearance”
Provided federal support for clearance and redev of central cities.
Was more like Urban “removal” program
What did the Housing Act of 1949 “Guarantee” all Americans?
“a decent, safe, and sanitary housing unit.”
1950’s saw significant trends toward
Flight to suburbs enabled by mass numbers of auto-mobiles.
Family oriented communities
Strip Retail Centers
Industrial Parks
1956 Interstate Highway Act
provided a intranational transportation network
From 1950-2000, most US Cities ____ population
Lost
After 2000 most cities _____ population
Regain, albeit marginally
Interstate Highway Act had an impact on
Land Use and Development
Transportation is both a ______ and a _____ response to development
Driver and a response
1960s Planning saw an emphasis on
Social issues
Housing Act of 1965
Created Department of Housing and Urban Development
Late 60s-70s saw the emergence of
Environmental Legislation at the federal level
EPA is created in…(year)
1969
1970 (law)
Clean Air Act
1972 (law)
Clean Water Act
What is/was exclusionary zoning?
specifications prohibiting the development of lower-income housing units in the suburbs so as to prevent blacks and poor folk from building and moving to the suburbs
Exclusionary zoning was ____ ________ in court
Deemed unconstitutional
1980s saw the emergence of what kind of partnership
A public/private partnership to spur development
1990’s Landmark transportation law?
IntermodalSurfaceTransportationEfficiency Act
ISTEA
ISTEA
required that transportational plans and issues be evaluated in context of impact on land use.
What is Sustainable Development
Development that meets the needs of the present without compromising the ability of future generations to meet their own needs
Resilience Planning
Development/redevelopment in vulnerable areas primarily in response to impacts associated w/climate change
Pierre L’Enffant
comissioned to design Washington DC
What is a conventional way for communities to provide for themselves
Property Tax!
Primary Criticisms of Planning?
Land should be treated as a commodity to be bought and sold (not as a resource)
One man’s protection is another man’s regulation
Planning Interferes
Criticisms of planning generally lean (politically)
Conservatively
Response to Criticism of Planning
Transport Systems!
Parks and Playgrounds!
Clean Air and Water
Prevents negative externalities and over-exploitation
Paul Davidoff
Father of advocacy planning
Felt that planning had to be a process concerned with values and social issues
Founded Suburban Action institute in 1969
Role of planners is…
advisory depends on setting provide technical expertise mediate disputes organize and educate establish partnerships facilitate discussions
Two parts to every zoning code?
A zoning map and a textual companion
Zoning regulates the ____, ______, and _____ of a structure on a parcel
Regulates the use, density, and placements of a structure on parcel
Taxation for Non-Revenue Objective (Ag)
Taxes are based on use of the land and not its market value
Provides tax break to owners on condition they maintain existing use of and activity on parcel
Taxation for Non-Revenue Objective (Urban)
Provide tax-breaks/ credits to encourage the redevelopment of sites and/or the re-use of existing vacant/abandoned buildings
Growth Management Tools (4)
Acquisition
Taxation
Regulation
Capital Improvements
Acquisition
Securing full or partial property rights to land to ensure smart growth
Fee-simple, Easements
Fee-Simple Acquisition
Actual purchase of title and rights to a property
Easement
Specific rights that can be purchased, donated, or regulated
Establishes certain opportunities OR restrictions regarding the use of the land that is included as part of the deed.
Does an easement result in title transfer of land?
NO!!
Taxation as a Growth Management Tool
Intent is to achieve a non-revenue based objective.
Tax is used to discourage one land use and encourage another
75% communities in NYS have zoning laws. The usual exceptions are…?
small rural towns and villages
A municipality with Zoning must also have a…?
Zoning board of appeals
Conventional Zoning includes specifications like
Site layout and bulk requirements such as setbacks and max story limit
Zoning designates ______ for each district
specific uses
Zoning can outline procedural _____?
requirements
Some criticize zoning by saying it creates a ____ environment ______ ________ ____ _____
Sterile…not conducive to development
Zoning Board of Appeals
Members selected by governing body serve staggered terms. Hears the appeals of aggrieved applicants related to the interpretation of zoning codes
If not satisfied w Zoning Board of Appeals a claimant can appeal to
the court of the land!
Zoning Board of Appeals hears requests for…?
Variances
Use Variance
to use land for a purpose not allowed in zoning regulations
Area Variance
for applications not in compliance w/ the dimensional requirements of the zoning regulations
Form Based Code
Neighborhoods and streets Emphasis on building relationships w surroundings and use Mixed use Diversity in neighborhoods Ability to transform or preserve Focus on building and site form Build-to lines on parcels Attention to street and streetscape Addresses URBAN ENVIRONMENTS
Conventional Zoning
Districts Emphasis on individual uses of property, rigid use of lot size and building placement Segregation of land use Uniformity in neighborhoods Limited ability to effect change Limited design standards Setbacks from road on parcels Focus on site, little attention to right of way of public
A Comprehensive Plan is..
A formal document established and adopted by a community to guide physical development and a statement of the community’s vision.
How long does a Comprehensive Plan plan for?
Typically long term, as in 20-25 years
Can a Comprehensive Plan serve as a legal document?
Yes.
Comprehensive Plans takes what into consideration?
Current land use regulations growth patterns provisions for infrastructure natural resources/ environmental features housing economic development
“Mixed Planning” is…?
a two-step middle-range model to planning
The census does not provide information on…?
religious status
Euclid V. Amber Upheld Constitutionality of which type of zoning specifically?
Comprehensive zoning
Police Power
The right of government to regulate for protection of Health, safety, and welfare of society
Enabling Statutes
Legal authority delegated by the states to municipalities to enact local land use laws and regulations
Home Rule
Allowance for local land use laws and regulations via enabling statutes
New York is a strong ____ ____ State
Home Rule
State w most home rule?
Hawaii
What are two important issues regarding use of eminent domain
Definition of “public use” and question over what is “fair market value”?
A Takings has occurred if…
the action interferes with the claimants reasonable investment backed expectations
Population of US in 1950
152 Million
Population of US in 2000
281 Million
Population of US in 2017
326 Million
Projected Population of US in 2050
405 Million
In 2010 what percentage of US Pop. was 65+
13%
In 2030 what percentage of US Pop. will be 65+?
20%
In 1800 the US was still a(n) _____ society
Agrarian
In 1800 ___% of people in Urban Areas
6%
In 1800 ___ and ____ are the only two cities w population over ____
NYC…Philadelphia…25,000
Robert Moses?
Power Broker, sent thru-ways through neighborhoods, antithesis to Jane Jacobs
Biggest Question facing US in planning
How will we deal with the needs of an aging population?!
How to avoid legal challenges in planning
Adopt a comprehensive plan
treat all similarly situated properties equally
allow for hardship exemptions
keep consistent regulations
be innovative when solving problems w regulations
Aspects of Growth Management (3 Things)
Fiscal
Social
Environmental
Foci of Growth Management (4 Things)
Amounts
Timing
Location
Character
Smart Growth
Mixed land use range of housing types walkable neighborhoods range of transportation choices strong sense of place strengthen existing communities preserve farmland Encourage community-stakeholder collab
Subdivision
The division of a parcel of land into two or more parcels with or without streets for the purpose of sale, transfer, ownership, or development
When is a site plan and review process required when Subdividing.
When the structure (existing or proposed) is a commercial or apartment building
(Not Single Family!!)
Overlay Districts
Superimposed additional layer of requirements to accommodate special circumstances
Primary Applications for Overlay Distrcits
Environmental/resource conservation areas
Historic districts
Cluster Development
Same # of homes but closer together and smaller
Preserves more land
More open space
Creates a less developed area
Elements of a Site Plan Review
locations and dimensions architecture availability of utilities including water storm management proposed grades and contours Parking lighting and signage Landscaping various discretionary
Transfer of Development Rights (Sending & Receiving Districts)
development rights are transferred from an area of land designated a “sending district” and given to a “receiving district”
Established and brokered by governing entity
Sending & Receiving Districts example
Sending District: Farmland and forest area
Receiving District: A growing urban area
Advantages of S&R Districts
Allows for more preservation and more development than would be mandated or prohibited by code
Allows urban areas to grow and natural areas to be preserved while providing just compensation
Prices of Dev. Rights in S&R Districts are determined and agreed upon by…
The owners of both parcels
Capital Improvement Plans
Annual Process designed to evaluate and prioritize capital investments in a community over a 6 year time frame
Capital Improvement Plan Elements
Proposed Improvement
Estimated Cost
Funding Sources
Time Frame
Capital Investments are/have
Funds in excess of regular operating expenses
Have significant value
Useful life of at least two years
Advantages of Capital Improvement Plans
Helps prioritize needs
Focuses on limited projects
Funding needs and sources are predetermined
Avoids hard/rushed decisions
How are Capital Improvements are Financed?
Reserve funds
Borrow on anticipated revenue
Local Revenue Sources for Capital Improvement Plans?
Property and income taxes
Special Assessments
User charges (parking tickets, meters, etc.)
Shared revenue sources (sales tax, lottery tix)
Federal and State Grants
Private Sector (Mitigation fees, impact fees)
Tenement Law of 1867
Required windows in each room required and a fire escape for the building
What was the loophole of Tenmnt. Law of 1867
You could just build windows between rooms
Time frame of a Capital Improvement plan?
generally 6 years
The main problem with the American Community Survey is that it has a
large margin of error
American Community survey is an ______ survey that gathers ______ _______ data on a sample of individuals in the country
Annual…Socio-economic
When was the first US Census taken
1790
The legal purpose of the census is to determine
the number of congressional representatives from each state and the districts they will represent
Back in the day a cities were necessarily ____ and ____
high concentration and high density
