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Thread: Stern requests your input: Exactions

  1. #1

    Default Stern requests your input: Exactions

    I have to write a paper about a land use planning issue and I decided to use exactions. Exactions are benefits the city receives from a developer for permission to develop, rezone, or for a zoning variance. I was wondering if you the forum could help me out by providing some significant examples and some information about these examples, most importantly the key players in the exaction.

    Thanks in Advance. This paper is due by monday so the sooner the reply the better. :-)

  2. #2

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    Atlantic Yards teems with exactions, doesn't it?

    Boston's Columbus Center is more exactions than development.

    Also, check out universities trying to build in areas with "communities": Columbia in Manhattanville, Harvard in Allston. What did Harvard have to do to build the Holyoke Center smack in the middle of Harvard Square?

    Another possible case study: the NorthPoint development on the River Charles --exactions to three cities: Cambridge, Boston and Somerville.

    Gehry and Ratner Beekman Tower: schools, plazas, etc.

  3. #3
    http://tinyurl.com/2ag28z Front_Porch's Avatar
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    Does the new school in the East Fifties count?

    http://www.therealdeal.net/issues/FE...1170194178.php

    GL!

  4. #4
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    I hope this is not too late to be helpful.

    http://www.amazon.com/Regulation-Rev.../dp/0815703554

  5. #5

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    So how did the paper turn out?

    Come to think of it, why don't you post it? I bet forumers would find it an interesting read. (Right up our alley.)

  6. #6

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    I still have to write the paper. What was due on monday was the outline, I should have specified.

    That said my outline might be of interest:

    Introduction:

    Exactions can entail any combination of monetary fees, land use, or infrastructure from a private developer in return for development approval. It is this exchange, sometimes unwillingly on part of the developer that makes exactions among the most litigated aspects of urban and environmental planning. The developer might see an exaction as a responsibility shift from the public and the taxpayer onto them. From the municipalityís perspective exactions ensure that a new development is not an unwanted intrusion, rather the stipulations intended do not burden the existing infrastructure. The Unites States Supreme Court has established standards for exactions so that they meet the needs generated by the development. I will be examining three different cases of exactions through the course of my paper, I will examine the exaction involved in the Atlantic Yards super development in Brooklyn, New York, and I will examine the New York City School Construction Authority use of exactions.

    Identification of the Case Studies and the Players:

    Atlantic Yards:
    Players:

    The New York State Public Authorities Control Board consisting of former Governor George Pataki, Assembly Speaker Sheldon Silver and Republican Majority Leader Joseph Bruno. The Control board agreed to sign off on the use of public money, public land, and the use of eminent domain for the $4 billion Atlantic Yards Plan.

    Mayor Michael R. Bloomberg, Senator Charles Schumer, Brooklyn Borough President Marty Markowitz, and the Metropolitan Transportation Authority. Each party gave political support for the project and its proposed $5.6 billion in new tax revenues that acts as an economic incentive for the city of New York.

    Forest City Ratner Companies. The developer behind the Atlantic Yards project, headed by Bruce Ratner, is one of Brooklynís largest landlords, consequently the interest is in the success of this project as its own entity and the impact it will have on Brooklyn as a whole.

    The Empire State Development Corporation. The ESDC issued a Draft Environmental Impact Statement and General Project Plan which described the potential environmental impacts of the development and in addition arranged public forums addressing how the effects can be managed.

    The New York City Planning Commission. The New York City Planning Commission used the Draft Environmental Impact Statement among other sources to recommend changes to the master plan.

    Eight local community and advocacy groups. Among the community groups, the All-Faith Council of Brooklyn, the Association of Community Organizations for Reform Now, Brooklyn United for Innovative Local Development, the Downtown Brooklyn Educational Consortium, the Downtown Brooklyn Neighborhood Alliance, the First Atlantic Terminal Housing Committee, the New York State Association of Minority Contractors, and the Public Housing Communities. Each group has their own agreement and interests with Forest City Ratner which is ensured in a legally-binding Community Benefits Agreement. Among the promises to the community in the Community Benefits Agreement is affordable housing, with 50% of rental units to be set aside for middle- and low-income families, as well as the inclusion of senior housing. 35% minority and 10% women contractors will be hired for constriction. There will be the inclusion of a health care center and six acres of open space will be set aside for use by the public.

    New York City School Construction Authority:
    Players:

    The Educational Construction Fund under The New York City Department of Education. The New York City Department of Education will receive new school buildings in return for the leasing of property and air-rights to a developer.

    World Wide Holdings, 1765 First Associates LLC, Cohen Brothers Realty, and Verizon. These parties are the developers; they have or will either replace existing schools, build a new school on the site of a previously vacant school, or build schools elsewhere and will receive the schools additional air-rights as part of the exaction.

    Forest City Ratner and Sheldon Silver. Assembly Speaker Sheldon Silver, representing the district of lower Manhattan where Forest City proposed a new residential building, negotiated an exaction with the New York City Department of Education and Ratner for a new school building where one hadnít previously existed in return for approval of his project.

    The City Planning Commission. The commission will approve the special permits related to the transfer of development and air-rights.

  7. #7

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    Stern, we expect a well-reasoned and passionate argument.

    Your p o i n t ... o f ... v i e w : what is it?

  8. #8

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    Send me your final draft. I'll hack it to pieces, meld it with gold, and polish it so the prof can see his reflection.

  9. #9

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    Quote Originally Posted by ablarc View Post
    Stern, we expect a well-reasoned and passionate argument.

    Your p o i n t ... o f ... v i e w : what is it?
    You will get a well-reasoned and passionate argument, I'm on spring break though and have more pressing buisness: beer. That said, since Iam majoring in real estate development right now and hope to develop in NYC I feel exactions, or atleast the exactions I gave as examples are good things. I think we should have greater public utilities and amenities and I also think we should have taller buildings. I would like to use exactions to there fullest extent one day to help make the city a better place and to build the tallest that I can when all costs are considered. As a developer, when the city is a better place their product likewise benefits as the neighborhood benefits. Lastly I feel NYC should further exactions, cities like Miami and Chicago have exactions where new constructions pay a fee for each apartment unit that goes to local parks, I think this would work well in NYC.

  10. #10

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    ^ A future developer who wants the opportunity to do things for the city in return for a bigger building: I like that.

  11. #11

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    Quote Originally Posted by Stern View Post
    Lastly I feel NYC should further exactions, cities like Miami and Chicago have exactions where new constructions pay a fee for each apartment unit that goes to local parks, I think this would work well in NYC.
    We already do that in BPC. On top of our PILOT payments and our rent to the BPCA (which owns the land), BPC condos pay a fairly hefty "facilities fee" which goes to maintain all the wonderful parks and public spaces in the neighborhood, which of course the whole city is free to make use of, and does.

  12. #12
    The Dude Abides
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    Semester's almost over (or at least for me it is). How's the paper coming along, Stern?

  13. #13

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    Quote Originally Posted by pianoman11686 View Post
    Semester's almost over (or at least for me it is). How's the paper coming along, Stern?
    The paper went along well, thankyou. I actually changed the topic to solely Atlantic Yards and all the politics there. I'll post my paper once I recieve my final grade in the class.

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    The Dude Abides
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    Good to hear^. I might be posting a research paper about the origins of zoning within the next few days, as well.

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    Stern are you an Urban Studies major? I plan on pursuing Urban Studies as my major but reading your paper intimidates me a bit because it seems like something I must do soon. Is this paper for grad school or under grad? Sorry if the questions are personal

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