DOCSLIB.ORG

Inclusionary Eminent Domain

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Inclusionary Eminent Domain Pittsburgh University School of Law Scholarship@PITT LAW Articles Faculty Publications 2014 Inclusionary Eminent Domain Gerald S. Dickinson Follow this and additional works at: https://scholarship.law.pitt.edu/fac_articles Part of the Constitutional Law Commons, Land Use Law Commons, Property Law and Real Estate Commons, Public Law and Legal Theory Commons, Social Welfare Law Commons, State and Local Government Law Commons, and the Urban, Community and Regional Planning Commons Recommended Citation Gerald S. Dickinson, Inclusionary Eminent Domain, 45 Loyola University Chicago Law Journal 845 (2014). Available at: https://scholarship.law.pitt.edu/fac_articles/80 This Article is brought to you for free and open access by the Faculty Publications at Scholarship@PITT LAW. It has been accepted for inclusion in Articles by an authorized administrator of Scholarship@PITT LAW. For more information, please contact [email protected], [email protected]. Inclusionary Eminent Domain GeraldS. Dickinson* This Article proposes a paradigm shift in takings law, namely "inclusionary eminent domain." This new normative concept serves as a framework that molds eminent domain takings and economic redevelopment into an inclusionary land assembly model that is equipped with multiple tools to help guide municipalities, private developers and communities construct or preserve affordable housing developments. The tools to achieve this include Community Benefits Agreements ("CBAs'), Land Assembly Districts ("LADs"), Community Development Corporations ("CDCs"), Land Banks ("LABs"), Community Land Trusts (CLTs) and NeighborhoodImprovement Districts ("NIDs'). The origins of the concept derive from the zoning law context, where exclusionary zoning in the suburbs excluded affordable housing for low- income residents. Courts intervened, applying exclusionary zoning doctrines, which led to the enactment of inclusionary zoning programs to achieve a fair share of housing. Exclusionary eminent domain in urban areas, similarly, has displaced and decreased the stock of or denied access to affordable housing through the power of takings. Under an exclusionary eminent domain doctrine, courts would apply heightened review to condemnations in a locality that has less than its fair share of affordable housing. But in a post-Kelo era of takings, doctrinal solutions may not be enough. Analogous to inclusionaryzoning, inclusionary eminent domain helps us rethink how to fix these ubiquitous land problems. Indeed, this Article moves us beyond the doctrinal muddle and instead incorporates both the intellectual musings of takings and zoning law with an assessment of how * Associate, Real Estate Group, Reed Smith LLP (Pittsburgh); J.D., Fordham University School of Law; U.S. Fulbright Scholar, Centre for Applied Legal Studies, University of the Witwatersrand School of Law (Johannesburg, South Africa); B.A., College of the Holy Cross. Special thanks to Nestor Davidson for his guidance and influence over the last several years. Thanks to Sheila Foster, Brian Glick, Russell Pearce, Frank Alexander, Joseph Singer, Eduardo Pefialver and Luke Brindle-Khym for helpful comments and suggestions on later drafts of this Article. The views expressed and proposals set forth are those of the author and not necessarily those of the Real Estate Group. Contact: [email protected]. 845 846 Loyola University Chicago Law Journal [Vol. 45 innovative tools can be practically applied to construct and preserve affordable housing in eminent domain takingsfor economic redevelopment. TABLE OF CONTENTS INTRODUCTION ................................................. 846 I. LAND USE CONTROLS, LAND ASSEMBLY & EXCLUSION................. 850 A. Exclusionary Zoning . ........................ ...... 853 1. Urban Sprawl and Exclusion ............. ...... 853 2. Exclusionary Zoning Doctrine .......... ........ 856 B. Exclusionary Eminent Domain.................. ..... 858 1. Urban Redevelopment and Displacement ...... ...... 859 2. Exclusionary Eminent Domain Doctrine ....... ...... 868 II. CONCEPTUALIZING A NEW EMINENT DOMAIN PARADIGM.............. 871 A. Inclusionary Zoning. ...................... ........ 871 1. The Tools of Inclusionary Zoning ........... ..... 873 a. Builder's Remedy .................. ...... 873 b. Set-Aside Program. ................. ...... 876 c. Density Bonus.. ............................. 877 d. In-Lieu Fee....................... 880 B. InclusionaryEminent Domain ......................... 881 1. The Concept ......................... ..... 881 2. The Elements ................... ........ 883 III. THE TOOLS OF INCLUSIONARY EMINENT DOMAIN ... ........... 888 A. Community Benefits Agreement ............... ....... 888 B. Land Assembly District ...................... ...... 895 C. Community Development Corporation ................. 898 D. Community Land Trust............................ 901 E. Land Bank ................................ ..... 903 F. NeighborhoodImprovement District .................. 908 CONCLUSION ................................................... 913 INTRODUCTION Inclusionary eminent domain is a new normative concept- paradoxical in nature-that rethinks eminent domain takings as an inclusionary land assembly process structured through a framework that is equipped with multiple tools to help guide municipalities, private 2014] InclusionaryEminent Domain 847 developers and communitiest construct or preserve affordable housing within economic redevelopment projects. This idea is particularly important where condemnation threatens the loss of affordable housing and displacement of low-income residents. This new paradigm is ex ante and ex post; that is, the exercise of inclusionary eminent domain would assemble land or negotiate the use of land-prior to, during or after condemnation proceedings-to accommodate affordable housing developments within economic redevelopment projects. The tools to achieve this include Community Benefits Agreements ("CBAs"), Land Assembly Districts ("LADs"), Community Development Corporations ("CDCs"), Community Land Trusts ("CLTs"), Land Banks ("LABs") and Neighborhood Improvement Districts ("NIDs"). Here, the tools are adjusted from their traditional purpose to fit within this new eminent domain paradigm. This new framework gives private developers, municipalities and communities a more transparent set of tools that guide the development process to reduce the phenomena of displacing residents and decreasing the supply of affordable housing. Indeed, this Article calls for developers, municipalities and communities to rethink how to plan for inclusion. Part I draws parallels between exclusionary zoning and exclusionary eminent domain by revisiting the purpose, use and abuse of local zoning powers and takings in the United States. In particular, this Part discusses briefly how exclusionary zoning actively excluded affordable housing by artificially raising the property values and the price of rent beyond the income levels of low-income families, thereby denying them access to residential property in affluent neighborhoods. 2 The practice 1. The term "community" is used interchangeably in this Article with "property owners," "residents" or "low-income families." 2. For a comprehensive discussion of exclusionary zoning, see Lawrence Gene Sager, Tight Little Islands: Exclusionary Zoning, Equal Protection, and the Indigent, 21 STAN. L. REV. 767 (1968) (applying the equal protection doctrine to exclusionary zoning situations). See generally RICHARD BABCOCK & FRED BOSSELMAN, EXCLUSIONARY ZONING (1973) (discussing how land use controls have resulted in the exclusion of those with low or moderate incomes); Frank A. Aloi, Arthur Abba Goldberg & James M. White, Racial and Economic Segregation by Zoning: Death Knell for Home Rule?, 1 U. TOL. L. REV. 65 (1969) (discussing a constitutional economic right to suburban housing); William Fischel, An Economic History of Zoning and a Cure for Its Exclusionary Effects, 41 URB. STUD. 317 (2004) (outlining the history of zoning and proposing home-equity insurance to reduce the demand for exclusionary zoning); Harold A. McDougall, The Judicial Struggle Against Exclusionary Zoning: The New Jersey Paradigm, 14 HARV. C.R.- C.L. L. REV. 625 (1979) (examining the New Jersey Supreme Court's actions involving exclusionary zoning); John R. Nolon, A Comparative Analysis of New Jersey 's Mount Laurel Cases with the Berenson Cases in New York, 4 PACE ENVTL. L. REV. 3 (1986) (comparing two state court decisions regarding exclusionary zoning that led to vastly different results); John M. Payne, Delegation Doctrine in the Reform of Local Government Law: The Case of Exclusionary Zoning, 29 RUTGERS L. REV. 803 (1976) (exploring the defects of the doctrinal approach to 848 Loyola University Chicago Law Journal [Vol. 45 forced courts to look narrowly at a zoning code's intended purposes, called exclusionary zoning doctrine, which essentially provided that a local municipality's fair share obligation is presumptive and if low-income families make a prima facie case of exclusion, then the burden shifts to the municipality to prove otherwise. Part I then links the effects of zoning with eminent domain by revisiting the purpose, use and abuse of eminent domain for the public purpose of urban renewal and economic redevelopment in urban areas. Specifically, these sections of Part I show how, similar to exclusionary zoning, the trajectory of the phenomenon of "exclusionary eminent domain"-from Berman3 to the modem day takings doctrine applied
Load more

Recommended publications
  • Calculation of Owner-Occupied Dwelling Services In
    Calculation of Owner-Occupied Dwelling Services in Georgia Abstract Output of owner-occupied dwellings (OOD) is included within the production boundary according to the System of National Accounts. Different methods may be selected for measuring OOD services due to housing market development level. The paper presents estimation of services produced by OODs based on a User Cost Method, which replaced a self-assessment method in 2019 year in the National Accounts of Georgia during the general revision of time series. Key words: Owner-Occupied Dwellings, Imputed rent, User Cost Method Author: Levan Karsaulidze – Head of National Accounts Department, National Statistics Office of Georgia Introduction Imputed rents, representing services produced by owner-occupied dwellings (OOD), has always been included within the production boundary of National Account and are part of the official GDP estimates of Georgia as well. In 2019 transition to the SNA 2008 was implemented1 in the National Accounts of Georgia from the SNA 1993, accompanied with a general revision of time series. Along with other major changes related to the newly adopted methodology, user-cost method was implemented for measuring imputed rents for owner occupied houses, while self-assessment method was used until 2019 year. The paper describes a methodological background and detailed calculation steps for measuring imputed rents of OODs in Georgia, based on the user-cost method, briefly summarizes widely used approaches for estimating services of OODs and provides arguments for adopting the use-cost method for the country. Final results are presented in the last part of the paper. 1. Methodological Framework Methodology for measuring imputed rents of owner-occupied dwellings differs by country based on a rental market development level.
    [Show full text]
  • Residential Area Plan
    CHAPTER 6 RESIDENTIAL AREA PLAN Brentwood’s residential neighborhoods are one of the most The Objectives identified in the Residential Area Plan are significant contributors to its unique character and identity . intended to: Throughout the planning process residents expressed their vision and concerns for the City’s residential areas . The Res- • Maintain Brentwood’s character and identity idential Area Plan builds on public input and the future Land • Ensure quality housing stock remains a staple of the Use & Development Plan to provide policies and recommen- community dations as well as further define the type and location of each • Maintain the optimal balance of housing types within the residential land use . The location of each residential land use community is illustrated in the Residential Area Plan . • Ensure compatibility between the City’s commercial areas and its residential neighborhoods • Ensure compatibility between infill and existing residential development • Encourage a diversity of housing types, sizes and prices 60 Comprehensive Plan | Brentwood RESIDENTIAL LAND USE PLAN 170 RICHMOND HEIGHTS 64 40 EAGER RD 64 40 LADUE BRENTWOOD Wrenwood Ln FOREST Middlesex Dr Middlesex CONDOMINIUMS THE VILLAS AT BRENTWOOD STRASSNER DR HANLEY STATION Pine Ave MCKNIGHT RD MCKNIGHT Sonora Ave HIGH SCHOOL DR SCHOOL HIGH MEMORIAL PARK BRENTWOOD MAPLEWOOD Saint Clair Ave Clair Saint Park Ridge Ave Ridge Park BRENTWOOD POLICE MIDDLE & Bridgeport Ave DEPARTMENT HIGH Hanley Industrial Ct MT. CALVARY White Ave LUTHERAN PRESCHOOL Rosalie Ave MCGRATH Harrison Ave CITY ELEMENTARY HALL BROUGHTON PARK LITZSINGER RD Eulalie Ave BRENTWOOD FIRE DEPARTMENT MARK TWAIN ELEMENTARY HANLEYRD Annalee Ave Dorothy Ave Kentland Dr Joseph Ave OAK Bremerton Rd ROGERS TREE ROCK HILL Madge Ave BRENTWOODBLVD PARKWAY PARK Powell Ave ST.
    [Show full text]
  • 6. Analysis of Constraints to Housing
    CITY OF OAKLAND HOUSING ELEMENT 2015- 2023 6. ANALYSIS OF CONSTRAINTS TO HOUSING A. GOVERNMENTAL CONSTRAINTS Governmental policies and regulations can have both positive and negative effects on the availability and affordability of housing and supportive services. This chapter of the Housing Element describes the policies and strategies that provide incentives for housing in Oakland that have resulted in significant contributions to the City’s housing stock. This chapter also analyzes City policies and regulations that could potentially constrain the City’s abilities to achieve its housing objectives. Constraints to housing can include land use controls, development standards, infrastructure requirements, residential development fees, and development approval processes, along with non-governmental constraints such as financing. A brief discussion of the City’s policy and regulatory context is presented below. Since 1998, the City of Oakland has undertaken actions to reduce the impact of local government regulations and fees on the cost and availability of housing. Beginning with the General Plan update in 1998, the City has: • increased residential densities, • created new mixed-use housing opportunities along major transportation corridors and in the downtown, • reduced open space requirements in high density residential zones in the Downtown and in the Transit Oriented Development Zone (S-15), • streamlined the environmental review process for downtown projects, • adopted a Density Bonus Ordinance, • adopted a secondary unit ordinance and streamlined the process for approval, • created new fast-track and streamlined permit processes, and • adopted Standard Conditions of Approval to, in part, streamline the CEQA review process. Land Use Policies and Regulations Discretionary land use control in Oakland is exercised by the Planning Commission and the City Council, and administered by the Planning and Building Department, Bureau of Planning.
    [Show full text]
  • Saving Mount Laurel?
    Fordham Urban Law Journal Volume 40 Number 5 Symposium - "What is Urban Law Today?": A Symposium on the Field's Past, Article 5 Present, and Future in Honor of the Urban Law Journal's Fortieth Anniversary March 2016 Saving Mount Laurel? Roderick M. Hills New York University Law School Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Housing Law Commons, Law and Society Commons, and the Property Law and Real Estate Commons Recommended Citation Roderick M. Hills, Saving Mount Laurel?, 40 Fordham Urb. L.J. 1611 (2013). Available at: https://ir.lawnet.fordham.edu/ulj/vol40/iss5/5 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. HILLS_CHRISTENSEN (DO NOT DELETE) 11/12/2013 11:16 PM SAVING MOUNT LAUREL? Essay Roderick M. Hills, Jr.* Introduction ........................................................................................... 1612 I. The Need for Mount Laurel: Municipal Collective Action Problems ...................................................................................... 1614 II. The Problem with Mount Laurel: Informational Burdens of the Unit-Based Approach ......................................................... 1618 III. A Solution to Mount Laurel’s Problems? Focus on Zoning Restrictions ................................................................................
    [Show full text]
  • Rails to Real Estate Development Patterns Along
    Rails to Real Estate Development Patterns along Three New Transit Lines March 2011 About This Study Rails to Real Estate was prepared by the Center for Transit-Oriented Development (CTOD). The CTOD is the only national nonprofit effort dedicated to providing best practices, research and tools to support market- based development in pedestrian-friendly communities near public transportation. We are a partnership of two national nonprofit organizations – Reconnecting America and the Center for Neighborhood Technology – and a research and consulting firm, Strategic Economics. Together, we work at the intersection of transportation planning, regional planning, climate change and sustainability, affordability, economic development, real estate and investment. Our goal is to help create neighborhoods where young and old, rich and poor, can live comfortably and prosper, with affordable and healthy lifestyle choices and ample and easy access to opportunity for all. Report Authors This report was prepared by Nadine Fogarty and Mason Austin, staff of Strategic Economics and CTOD. Additional support and assistance was provided by Eli Popuch, Dena Belzer, Jeff Wood, Abigail Thorne-Lyman, Allison Nemirow and Melissa Higbee. Acknowledgements The Center for Transit-Oriented Development would like to thank the Federal Transit Administration. The authors are also grateful to several persons who assisted with data collection and participated in interviews, including: Bill Sirois, Denver Regional Transit District; Catherine Cox-Blair, Reconnecting America; Caryn Wenzara, City of Denver; Frank Cannon, Continuum Partners, LLC; Gideon Berger, Urban Land Institute/Rose Center; Karen Good, City of Denver; Kent Main, City of Charlotte; Loretta Daniel, City of Aurora; Mark Fabel, McGough; Mark Garner, City of Minneapolis; Michael Lander, Lander Group; Norm Bjornnes, Oaks Properties LLC; Paul Mogush, City of Minneapolis; Peter Q.
    [Show full text]
  • EXCLUSIONARY ZONING: MOUNT LAUREL—SEMINAL OR TEMPEST-IN-A- TEAPOT Olan B
    Western New England Law Review Volume 4 4 (1981-1982) Article 1 Issue 4 1-1-1982 EXCLUSIONARY ZONING: MOUNT LAUREL—SEMINAL OR TEMPEST-IN-A- TEAPOT Olan B. Lowrey Follow this and additional works at: http://digitalcommons.law.wne.edu/lawreview Recommended Citation Olan B. Lowrey, EXCLUSIONARY ZONING: MOUNT LAUREL—SEMINAL OR TEMPEST-IN-A-TEAPOT, 4 W. New Eng. L. Rev. 541 (1982), http://digitalcommons.law.wne.edu/lawreview/vol4/iss4/1 This Article is brought to you for free and open access by the Law Review & Student Publications at Digital Commons @ Western New England University School of Law. It has been accepted for inclusion in Western New England Law Review by an authorized administrator of Digital Commons @ Western New England University School of Law. For more information, please contact [email protected]. Volume 4 Issue 4 WESTERN NEW ENGLAND Spring LAW REVIEW 1982 EXCLUSIONARY ZONING: MOUNT LAUREL-SEMINAL OR TEMPEST-IN-A­ TEAPOT OLAN B. LOWREY· [Author's note: On Thursday, January 20, 1983, only a few days prior to press time and beller than two years after the second Mount Laurel case had been argued, the Supreme Court of New Jersey, in a unanimous 270 page opinion, reaffirmed the principles of the original Mount Laurel decision in Southern Burlington County NAACP v. Township of Mount Laurel, Doc. No. A-35/36/172 (N.J. Jan; 21, 1983). It appears that in order to reach the desired unanimity, the jus­ tices ofthe court agreed to defer to the New Jersey State Develop­ ment Guideplan, an executive branch document, to determine whether a local government unit has an obligation to deal through its zoning laws or otherwise to provide for low-income housing.
    [Show full text]
  • On the Waterfront
    PORTFOLIO Miami is undergoing a big bounce-back from the O N THE 2008 property crash. This time, developers are thinking on a grander scale, aiming to create a truly cosmopolitan city beyond beach chic and bling. WATERFRONT STORY SOPHIE KALKREUTH 70 THE PEAK THE PEAK 71 PORTFOLIO • PROPERTY riving along US Route about 100 new condo towers under 1 in the early evening, construction, many of them luxury Miami’s skyline rises towers with units priced upwards of above the flat land, its US$30 million. concrete and steel- The most coveted area among Dwrapped towers lit by the orange well-heeled buyers continues to be glow of a tropical sunset. To the Miami Beach, the slender barrier east, a stretch of powder white sand island between Biscayne Bay and meets a long sweep of the turquoise the Atlantic. Last year, a Miami sea, and to the west, the fading light Beach apartment sold for US$34 leads to the Everglades swamp. million. The record-breaking sale In Miami Beach, neon signs glow was for two triplex penthouses against the pastel facades of Art totalling 16,271 square feet across Deco buildings and Ferraris hum three levels at The Residences along Ocean Drive where tourists at Miami Beach Edition, a new gather for evening revelry in beach John Pawson-designed hotel- couture and flip-flops. condominium project. A US$60 This is a city of juxtapositions. million duplex penthouse is also It is a pre-eminent beach reportedly under contract at Faena resort that pulses with cultural House on Miami Beach, though dynamism thanks to an influx the sale has not yet closed.
    [Show full text]
  • Article 3. Zoning Districts & Land Uses
    ARTICLE 3. ZONING DISTRICTS & LAND USES 38.300 Zones, Maps & Designations (Article 7) FOOTNOTE(S): --- (6) --- State Law reference— Municipal zoning, MCA 76-2-301 et seq. Part 1: Zoning Districts & Zoning Map Sec. 38.300.010. - Use districts designated, zoning map adopted. (38.07.010) A. The city is divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter. B. For the purpose of this chapter, the city is divided and classified into the following use districts: R-S Residential Suburban District R-1 Residential Single-Household Low Density District R-2 Residential Two-Household Medium Density District R-3 Residential Medium Density District R-4 Residential High Density District R-5 Residential Mixed-Use High Density District R-O Residential-Office District RMH Residential Manufactured Home Community District B-1 Neighborhood Business District B-2 Community Business District B-2M Community Business District - Mixed B-3 Central Business District UMU Urban Mixed-Use District M-1 Light Manufacturing District M-2 Manufacturing and Industrial District B-P Business Park District PLI Public Lands and Institutions District NEHMU Northeast Historic Mixed-Use District NC Neighborhood Conservation Overlay District EO Entryway Corridor Overlay District CO Casino Overlay District REMU Residential Emphasis Mixed-use District C. Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location.
    [Show full text]
  • The Selling out of Mount Laurel: Regional Contribution Agreements in New Jersey's Fair Housing Act, 16 Fordham Urb
    Fordham Urban Law Journal Volume 16 | Number 4 Article 1 1987 The elS ling Out of Mount Laurel: Regional Contribution Agreements in New Jersey's Fair Housing Act Rachel Fox Mitchell, Silberberg & Knupp Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Land Use Law Commons Recommended Citation Rachel Fox, The Selling Out of Mount Laurel: Regional Contribution Agreements in New Jersey's Fair Housing Act, 16 Fordham Urb. L.J. 535 (1987). Available at: https://ir.lawnet.fordham.edu/ulj/vol16/iss4/1 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. The elS ling Out of Mount Laurel: Regional Contribution Agreements in New Jersey's Fair Housing Act Cover Page Footnote Associate, Mitchell, Silberberg & Knupp, Los Angeles, California. B.A., 1983, Brandeis University; J.D., 1988, Harvard Law School. I wish to extend special thanks to Professor Duncan Kennedy of Harvard Law School and Martin S. Fox. This article is available in Fordham Urban Law Journal: https://ir.lawnet.fordham.edu/ulj/vol16/iss4/1 THE SELLING OUT OF MOUNT LAUREL: REGIONAL CONTRIBUTION AGREEMENTS IN NEW JERSEY'S FAIR HOUSING ACT Rachel Fox* I. Introduction After years of inaction on the issue of exclusionary zoning, the New Jersey Legislature enacted the Fair Housing Act in July of 1985.1 Previously, exclusionary municipal zoning ordinances were monitored exclusively by the courts pursuant to litigation challenging these ordinances.
    [Show full text]
  • Land Use Policies
    CHAPTER 3: LAND USE POLICIES This chapter provides the City of Milwaukee’s overall policies addressing land use, building form and redevelopment strategies in the Northwest Side Plan Area. General visions are outlined for the overall land use strategy and subsequent land uses to better define policy goals. Each section discusses use policies, form policies, and redevelopment strategies for the land use in consideration. The policies are organized according to a set of land use categories including: Residential Commercial Light Industrial Open Space Civic and Institutional Transportation and Infrastructure An example of existing land uses on the Northwest Side OVERALL LAND USE STRATEGY Vision: Overall The Overall Land Use Strategy for the Northwest Side combines the input of area residents with policy approaches intended to strengthen the neighborhood fabric. These tools will ultimately shape the physical character of the area by regulating streetscapes, land uses, and the design of the built environment. The Overall Land Use Strategy attempts to integrate the diverse needs of the Northwest Side by addressing its neighborhoods in a comprehensive manner. Use Policies: Overall • Encourage single-family owner-occupied development where appropriate. • Increase the amount of land designated for mixed-use development in order to provide more variety in the area. • Allow residential, or other compatible uses, along commercial corridors in areas where retail and commercial activity as the primary uses are no longer supported by the surrounding residential densities. Residential uses along commercial corridors should be owner-occupied residential with minimal curb cuts along the commercial corridor with parking in the rear or on the side.
    [Show full text]
  • Corbett Crescent/Bancroft Condominiums •
    Corbett Crescent/Bancroft Condominiums Portland, Oregon Project Type: Mixed Residential Volume 37 Number 13 July–September 2007 Case Number: C037013 PROJECT TYPE Located on a sloping hillside in a neighborhood that is highly protective of its historic architecture, Corbett Crescent/Bancroft Condominiums is a 53-unit development consisting of 31 townhouses and a four-story building containing 22 condos. The townhouses are arranged in a crescent-shaped layout that was inspired by the Royal Crescent, built in 1775 in Bath, England. The layout was designed to create community space, preserve views, and resolve topography challenges. The 2.25-acre (0.91-hectare), $21.3 million project was developed through a joint venture between Rifer Development and the previous owner/user, Wy’east Color. LOCATION Other Central City SITE SIZE 2.25 acres/0.91 hectare LAND USES Townhomes, Condominiums, Open Space KEYWORDS/SPECIAL FEATURES Zero-Lot-Line Housing Hillside Development Infill Development WEB SITE www.corbettcrescent.com PROJECT ADDRESS 4200 SW Corbett Avenue Portland, Oregon DEVELOPER Vernon L. Rifer, operating as Corbett Townhomes LLC Portland, Oregon 503-517-2100 www.corbettcresent.com ARCHITECT (Townhouses) Tom Johnson Architects Portland, Oregon 503-226-3709 PLANNER (Townhouses) SERA Architects (site plan and schematic design) Portland, Oregon 503-445-7372 www.serapdx.com INTERIOR DESIGNER Czopek & Erdenberger Portland, Oregon 503-242-0956 www.czopek.com LANDSCAPE ARCHITECT Larry Cavender Portland, Oregon 971-219-6283 GENERAL CONTRACTOR (Townhouses) Derek Brown & Associates Lake Oswego, Oregon 971-233-0075 GENERAL DESCRIPTION The site on which Corbett Crescent/Bancroft Condominiums is located was formerly a commercial and industrial property in a historic residential neighborhood.
    [Show full text]
  • D'angelo Farms Fact Sheet-Frequently Asked Questions
    D'ANGELO FARMS FACT SHEET-FREQUENTLY ASKED QUESTIONS 1. Does the Borough have the option to purchase the D'Angelo's property? The Borough was never offered the opportunity to acquire the property. The owners have apparently entered into a contract to sell the property to a private developer. A party that knowingly interferes in an existing contract can be held liable for damages, including punitive damages far in excess of the actual value of the contract, for such interference. 2. Does the Borough have the power to prevent the property from being converted from farm use to a development use? There is not a simple answer to this question, but the short answer is No. The developer who is under contract to buy the property made a presentation to the Mayor and Council in November of 2013, and presented four potential development schemes for the property. Those were, a supermarket; a trucking warehouse; an office complex; and a 144 unit apartment complex consisting of five separate buildings. The Borough may decide how to rezone the property to control the development, but may not refuse to rezone it in order to frustrate development efforts. By rezoning the property, the Borough may exercise its zoning powers to regulate density, height, buffers, signage, landscaping, mandate impact studies and infrastructure expansion and otherwise control development of the property. If the rezoning is imposed by Court order, the Borough loses some or all of that power. 3. What is the Mount Laurel Doctrine and how is it regulated? Every municipality in New Jersey has an obligation to provide affordable housing opportunities for individuals and families through what is known as inclusionary zoning.
    [Show full text]