Table of contents for Redevelopment : planning, law, and project implementation / edited by Brian Blaesser and Thomas Cody.

Bibliographic record and links to related information available from the Library of Congress catalog.

Note: Contents data are machine generated based on pre-publication provided by the publisher. Contents may have variations from the printed book or be incomplete or contain other coding.


Counter
Contents
Foreword xvii
About the Editors xix
About the Contributors xxi
Introduction xxiii
Part 1
Legal and Institutional Framework 1
Chapter 1
Key Actors and Institutions in the Redevelopment Process 3
Brian W. Blaesser and Thomas P. Cody
§ 1.01 Introduction 3
[1] Government Entities 3
[2] Private Entities 4
[3] Public/Private Entities 4
[4] Institutions 4
[5] Local Residents, Community and Citizen Groups 4
§ 1.02 Local Government Entities 4
[1] Local Legislative Body 4
[2] Redevelopment Authority 5
[3] Planning Commission 5
[4] Public/Private Entities 5
§ 1.03 State Government Entities 6
[1] State Department of Transportation 6
[2] State Environmental Protection Agency 6
[3] Other State Agencies 7
§ 1.04 Federal Government Entities 7
[1] United States Environmental Protection Agency 7
[2] Federal Highway Administration 7
[3] Other Federal Agencies 7
§ 1.05 Private Entities 7
[1] Landowner/Developer 7
[2] Landowner/Developer Redevelopment Team 8
[a] Lawyer 8
[b] Environmental Professional 8
[c] Architect/Urban Planner/Landscape Architect (Design Team) 8
[d] Civil Engineer 9
[3] Lender/Investor 9
§ 1.06 Institutional Entities 9
[1] Colleges and Universities 9
[2] Public School Districts 9
§ 1.07 Local Residents and Community Groups 9
[1] Local Residents Generally 9
[2] Community Development Corporations 10
[3] Citizen Groups 10
§ 1.08 Conclusion 10
Chapter 2
Federal, State, and Local Laws That Control Redevelopment 11
Brian W. Blaesser and Thomas P. Cody
§ 2.01 Introduction 11
§ 2.02 Federal Redevelopment Legislation 11
[1] Federal Funding Programs 12
[2] Federal Relocation Assistance Legislation 12
§ 2.03 State Redevelopment Legislation 13
[1] Delegation of Power to Agency 13
[a] Designation of Redevelopment Area 14
[b] Preparation of Redevelopment Plan 14
[c] Acquisition of Property 14
[d] Authority to Enter into Agreements with Developers 14
[e] Disposition of Property 15
[f] Demolition of Buildings and Clearing of Land 15
[g] Development Activities 15
[2] Eminent Domain Authorization 15
[3] Public Financing Authorization 15
[4] Regulatory Process 16
§ 2.04 Local Redevelopment Legislation 16
§ 2.05 Conclusion 16
Notes 17
Part 2
Planning for Redevelopment 19
Chapter 3
The Role of Market Analysis in Redevelopment 21
Stanley A. Gniazdowski
§ 3.01 Introduction 21
§ 3.02 Elements of Market Analysis 22
[1] Market Feasibility 23
[2] Location/Site Analysis 23
[3] Political and Legal Analysis 24
[4] Financial Feasibility Analysis 24
§ 3.03 The Market Analysis Process 24
[1] The Appraisal 25
[2] Growth Patterns 25
[3] Linkages 26
[4] Mixed-Use Properties and Land Use 26
[5] Economic Base Analysis 27
[6] Real Estate Cycles 28
[7] Demographic Trends 29
[8] Highest and Best Use Analysis 30
§ 3.04 Market Analysis Checklist 30
§ 3.05 Conclusion 31
§ 3.06 Hypothetical Examples 31
[1] Hypothetical A 31
[2] Hypothetical B 32
§ 3.07 Glossary of Terms 34
Notes 36
Chapter 4
The Role of Design in Redevelopment 37
Gilbert A. Rosenthal
§ 4.01 Introduction 37
§ 4.02 The Role of the Designer in the Redevelopment Process 38
[1] Evolution in the Role and Makeup of the Designer 38
[2] Designer's Different Roles Can Impact the Role of Design 38
[a] Designer Proposes an Idea without a Specifi ed Client 38
[b] Designer as an Employee or Agent of the Authority Proposes
an Idea without Clear Concept of How It Will Be Implemented 39
[c] Designer as an Agent of the Authority but Is Brought
on Once a Concept Is Identifi ed 39
[d] Designer as Maker of the Spaces-and Places-Between the
Income-Generating Buildings 40
[e] Designer as an Agent for a Private Developer Who Is Seeking
the Highest and Best Use of a Site-and Thinks Outside
of the Box 42
[f] Designer as Instrument of the Developer to Implement
the Program within the Accepted Controls 44
[g] Designer as Instrument of the Developer to Create Value
by Creating Distinction in the Market 45
[h] Designer as Agent of a Partnership between the Public
and Private Sectors 45
[3] The Designer as Arbiter of Urbanity 46
[4] Does It Matter Who Hires the Designer? 49
[5] Balancing Public Objectives and Private Needs in the Design Process 50
§ 4.03 The Designer in the RFP Process 52
[1] The Importance of a Strong Guiding Master Plan 57
[2] Design as the Enabler of Redevelopment 58
§ 4.04 Use of Design Features to Accomplish Redevelopment Objectives 59
[1] Continuous Street Wall 59
[2] Programmed Open Space 60
[3] Contextualism 60
[4] Connections 60
[5] Signage 60
[6] Parking 61
§ 4.05 Sustainable Design and LEEDTM Certifi cation 61
§ 4.06 Conclusion 62
§ 4.07 Glossary of Terms 62
Chapter 5
The Role of Parking in Redevelopment 65
Norman Goldman and Herbert August
§ 5.01 Introduction 66
§ 5.02 Overview of Parking Considerations 66
[1] Parking Demand 66
[2] Parking Location 67
[3] Neighborhood Character 68
[4] Environmental Concerns 69
§ 5.03 How Parking Functions 69
[1] The Basis of Municipal Parking Management 69
[2] The Need for Properly Structured Parking Management 70
[3] Public and Private Roles in Parking 71
§ 5.04 Planning for Parking 73
[1] Determination of Study Area Boundaries 73
[2] Determination of Existing and Future Parking Demand 73
[a] Defi nition of Potential User Groups 74
[b] Determination of Automobile Use Demographics 74
[3] Effect of Public Transportation on Parking Demand 74
[a] Land-Use-Based Parking Demand Ratios 74
[4] Defi nition of the Parking Supply 75
[5] Defi nition of Practical Capacity 76
[6] Determination of Parking Surplus or Defi cit 76
[7] Parking Supply and Demand Analysis Methodology 76
[8] Data Collection Plan 77
[9] Stakeholder Interviews 77
[10] Specialized Parking Demand Ratios 78
§ 5.05 Parking Supply Strategies 79
[1] Assessing the Feasibility of Structured Parking 79
[a] Structured Parking Design Considerations 79
[b] Structured Parking Site Evaluation Criteria 80
[i] Proximity to High Demand/Defi cit Areas 80
[ii] Site Confi guration 81
[iii] Property Acquisition 81
[iv] Demolition Requirements 81
[v] Potential Parking Capacity 81
[vi] Ability to Screen Potential Visual Impacts 81
[vii] Ability to Minimize Impacts on Residential
and Historic Resources 81
[viii] Vehicular Accessibility 81
[ix] Potential for Mixed Use 81
[c] Stakeholder Input 82
[2] On-Street Parking 82
[3] Considerations for Off-Street Surface Parking 83
§ 5.06 Community-Based Parking Strategies 84
[1] Local Parking Management Associations 84
[2] Marketing Strategies 84
[a] Parking Validation Programs 84
[b] Other Marketing Strategies 85
§ 5.07 Current Policy Issues in Parking 85
[1] Environmental Considerations 86
[2] Context-Sensitive Design 86
§ 5.08 Conclusion 87
§ 5.09 Glossary of Terms 88
Chapter 6
The Mechanics of Land Assembly 91
David L. Huprich
§ 6.01 Introduction 92
§ 6.02 The Importance of Mechanics in Land Assembly 92
§ 6.03 Fundamental Objectives 93
§ 6.04 Six-Step Basic Framework 94
§ 6.05 Step One: Stop and Assess the Process 94
§ 6.06 Step Two: Secure Control of the Process 95
[1] Co-Leadership of the Assembly Team 95
[2] Leading the Blind 95
[3] Know What the Client and the Blind Know 95
[4] What Have the Client and the Blind Accomplished? 96
§ 6.07 Step Three: Furnish Proper Tools 98
[1] Title 98
[2] Which Title Company? 98
[3] Title Commitments 99
[4] The Role of the Title Policy 99
[5] Payment of a Claim 100
[6] Other Title Ramifi cations 101
[7] Contract Forms 101
[8] Other Aspects of the Contract Form 102
[9] Governmental Involvement 103
[10] Eminent Domain 103
[11] How Relevant Is Governmental Involvement to Land Assembly? 103
[a] Relocation of Grade School 104
[b] Relocation of Public Park 105
[c] Vacation of Public Streets 105
§ 6.08 Step Four: Instruct the Blind 105
§ 6.09 Step Five: Stay Organized 106
[1] Tracking System 106
[2] Who Is Doing What? 106
§ 6.10 Step Six: Be Fully Involved 107
[1] Release of Restrictions 107
[2] Mining and Mineral Rights 107
[3] Release of Other Reversionary Rights 107
[4] Tax Title versus Fee Title 107
[5] Deceased Owners 108
[6] Rival Owners Blocking Redevelopment of an Existing Development 108
§ 6.11 Conclusion 109
§ 6.12 Glossary of Terms 109
Chapter 7
The Use of Eminent Domain in Redevelopment 111
Brian W. Blaesser and Thomas P. Cody
§ 7.01 Introduction 111
§ 7.02 The Kelo Decision 112
[1] Background of the Case 112
[2] The U.S. Supreme Court Decision 114
[a] Three Categories of Takings 114
[b] Federalism and the Evolving Needs of Society 116
[c] The Importance of Plan Comprehensiveness 116
[d] Rejection of Bright-Line Rule and Harm Prevention Test 117
[e] Incidental Public Benefi ts of Taking 118
[f] Justice Kennedy's Concurrence 119
[g] The Potential for a More Stringent Standard of Review
in Future Decisions 119
§ 7.03 State Legislative Restrictions on Eminent Domain 120
[1] Substantive Changes 120
[a] Prohibition Against Use of Eminent Domain for Economic
Development 120
[b] Restrictive Defi nition of "Public Use" 121
[c] Defi nition of "Just Compensation" 121
[2] Procedural Changes 122
[a] More Stringent Public Notice, Informational Requirements,
and Hearing Procedures 122
[b] Mediation Process and Lawyers' Fees 123
[c] Change in Judicial Posture Toward Legislative Action 123
[3] The Blight Statutes 123
§ 7.04 State Court Decisions Limiting the Use of Eminent Domain 124
[1] Void for Vagueness Doctrine Used to Scrutinize Eminent Domain 125
[2] "Incidental or Pretextual" Benefi ts Used as Defense Against
Condemnation 126
§ 7.05 Eminent Domain as a Viable Tool for Economic Development 127
[1] The Holdout Problem 127
[2] The Blight Problem 128
[3] Strong Planning Rationale 128
§ 7.06 Conclusion 129
§ 7.07 Glossary of Terms 129
Notes 130
Part 3
Implementation 135
Chapter 8
Private Financing: Capital Sources and Underwriting Criteria 137
Marc A. Kopelman, CPA
§ 8.01 Introduction 138
§ 8.02 Debt and Equity Financing 139
§ 8.03 Sources of Debt Financing 139
[1] Commercial Banks 139
[2] Insurance Companies 140
[3] Investment Banks, Pension Funds, and Hedge Funds 140
§ 8.04 Debt Structures 141
[1] Sell Upon Completion 141
[2] Retain Ownership 141
[3] Sale or Refi nance 141
§ 8.05 Acquisition Development and Construction Loans 142
§ 8.06 Mezzanine Loans 143
§ 8.07 Equity 144
§ 8.08 Underwriting Criteria 145
[1] Project Information 145
[2] Market and Financial Data 146
[3] Legal Documentation 146
§ 8.09 Redevelopment Financing Example 147
§ 8.10 Conclusion 150
§ 8.11 Glossary of Terms 151
Chapter 9
The Public/Private Finance of Redevelopment 155
John Stainback
§ 9.01 Introduction 155
§ 9.02 The Need for Creative Public/Private Finance Plans
in Redevelopment 156
[1] Market Demand 156
[2] Public Requirements 157
[3] Potential Problems with Redevelopment Sites 157
[4] Intangible Problems 157
§ 9.03 The Need for Financial Analysis 159
§ 9.04 Ten Key Tools for Structuring Public/Private Finance 159
[1] Private Partner Equity and Debt 159
[a] Equity 159
[b] Debt 160
[c] Construction Loan 161
[d] Permanent Loan 161
[2] Public Partner(s) Capital Investment 161
[a] "Public/Public" Partnerships 161
[b] Government-Owned Land 162
[3] Non-Tax Income Generated by the Project 162
[a] Construction Rent 163
[b] Base Rent 163
[c] Index Rent 163
[d] Participation Rent 163
[e] Participation in Any Sale Proceeds or Refi nancing 163
[f] Maintenance, Operation, and Security (MOS) Payment 163
[g] "Home-Run Insurance" 164
[h] Land Lease Payouts 164
[i] Other Non-Tax Income 164
[4] Tax Revenue Generated by the Project 164
[5] Federal Funding Programs 165
[6] State and Local Funding Programs 166
[a] Private Activity Bonds (PAB) 167
[7] Federal, State, and Local Operational, Development,
and Investment Incentives 167
[a] Objectives of Incentive Programs 167
[i] Development of Facilities and Infrastructure 167
[ii] Investment in Facilities, Equipment, and Technology 168
[iii] Business Operations 168
[b] Tax Credits 168
[i] Historic Preservation Tax Credits 168
[ii] Federal Brownfi eld Expensing Tax Credits 168
[iii] New Market Tax Credits (NMTC) 168
[iv] Low-Income Housing Tax Credits (LIHTC) 169
[8] Techniques to Reduce Development Costs 169
[9] Techniques to Enhance Cash Flow 169
[10] Credit Enhancement 170
[a] Private Bond Insurance 170
[b] Letter of Credit (LOC) 171
§ 9.05 Conclusion 171
§ 9.06 Glossary of Terms 172
Chapter 10
Overcoming Environmental Constraints to Redevelopment 175
Ira Whitman
§ 10.01 Introduction 176
§ 10.02 Genesis of Environmental Contamination 176
[1] Hazardous Substances 177
[a] Volatile Organics 178
[b] Metals 178
[c] Pesticides 178
[d] Semi-Volatile Organics (Base Neutral Extractables) 178
[e] Other Hazardous Substances 179
[2] Operations and Processes 180
[a] Commercial Operations 180
[b] Industrial Operations 181
[3] Environmental Media 181
[a] Soil 181
[b] Ground Water 182
[c] Building Surfaces and Structures 183
[d] Indoor Air 184
[e] Surface Water 184
[f] Sediment 185
[g] Wetlands 185
§ 10.03 Environmental Constraints 185
[1] Impacts of Environmental Issues 186
[2] Overcoming Environmental Constraints 187
§ 10.04 Environmental Due Diligence 187
[1] Origins of Environmental Due Diligence 188
[2] Objectives of Environmental Due Diligence 189
[a] Transactional Objectives 189
[i] Need to Know 189
[ii] Impact to Stakeholders 190
[b] Legal Objectives 190
[i] CERCLA Liability 190
[ii] Liability Protection 190
[3] Forms of Environmental Due Diligence 190
[a] Limited Environmental Assessment 190
[b] State-Oriented Due Diligence 190
[c] Phase II 191
[4] Components of a Phase I Environmental Site Assessment 192
[a] Historical Search 192
[b] Record Reviews 193
[c] Site Reconnaissance 194
[d] Out-of-Scope Issues 195
[e] Key Changes in E1527-05 196
[5] Phase I Assessment Report 196
§ 10.05 Investigation and Remediation 197
[1] Site Investigation 198
[2] Remediation 199
[3] Engineering Controls 200
[4] Institutional Controls 201
§ 10.06 Liability Protection 202
[1] Lender Liability Exemptions 202
[2] Governmental Liability Protections 202
[3] Environmental Insurance 203
[a] Pollution Liability 204
[b] Cost Cap 204
[c] Pre-Funded Program 205
[d] Secured Lender Policies 205
[e] Institutional and Engineering Controls-Possible
Future Policies 205
§ 10.07 State Property Transfer Acts 205
[1] New Jersey 206
[2] Connecticut 206
[3] California 206
[4] Illinois 206
[5] Michigan 207
[6] Indiana 207
[7] Ohio 207
§ 10.08 Financial Incentives 207
[1] State Brownfi eld Tax Incentives 208
[2] Local Government Brownfi eld Financing Mechanisms 208
[3] Noncash Governmental Tools and Strategies 209
[4] Federal Incentives 209
§ 10.09 Conclusion 210
§ 10.10 Glossary of Terms 210
Chapter 11
Entitlement Processes in Redevelopment 213
Brian W. Blaesser and Thomas P. Cody
§ 11.01 Introduction 213
§ 11.02 State Enabling Authority 214
§ 11.03 Zoning Mechanisms 215
[1] Traditional Zoning 216
[a] Variances 216
[b] Amend the Zoning Map (Change of Zone) 216
[c] Amend the Provisions of the Existing Zoning Regulation Text 216
[d] Create a New Zoning District 217
[2] Flexible Zoning Districts 217
[a] Planned Unit Developments 218
[b] Special Design Districts 218
[c] Form-Based Codes 218
§ 11.04 Project Approvals at the Local Level 219
[1] Administrative Approvals 219
[a] Special Use Permits 219
[b] Site Plans 220
[c] Subdivisions 220
[2] Ministerial Approvals 220
[a] Zoning Permits 220
[b] Building Permits 221
[c] Certifi cates of Occupancy 221
§ 11.05 State and Federal Approvals 221
[1] National Environmental Policy Act 221
[2] State Environmental Programs 221
[3] U.S. Army Corps of Engineers 222
[4] Highways and Traffi c 222
§ 11.06 Strategic Considerations 223
[1] Assembling the Professional Team 223
[a] Property Boundary Survey 223
[b] Environmental Site Assessment 223
[c] Title Report 224
[d] Delineation of Sensitive Environmental Resources 224
[e] Preliminary Land Planning 224
[f] Preliminary Site Civil Engineering 224
[g] Preliminary Building Design 225
[h] Legal Counsel 225
[i] Other Professional Services 225
[2] Community Consensus Building 225
[3] Development Agreements 226
[4] Overcoming Project Opposition 226
[5] Litigation 227
§ 11.07 Conclusion 227
Notes 228
Chapter 12
Management and Operation of Redevelopment Projects 229
Jerold P. Franke
§ 12.01 Introduction 229
§ 12.02 Managing Development of the Project 230
[1] The Development Team 230
[2] Communications 231
[3] Project Coordination 232
§ 12.03 Managing the Operation of the Project 233
[1] Property Management 233
[2] Property Associations 233
[3] Business Improvement Districts 234
[4] Typical Common Area Maintenance Items 234
[5] Parking 235
[a] Parking Structures Generally 235
[b] Multiple Use of Parking Structures 235
[c] Location of Structured Parking 236
[d] Parking Spaces in Parking Structures 236
[e] Managing Use of Parking Spaces in Parking Structures 236
[f] On-Street Parking 236
[g] Customer Payment for Parking 237
[6] Security 237
[7] Stormwater Management 238
[8] General Property Management Issues 238
[a] Operating Hours 238
[b] Noise and Odors 238
[c] Integration of Public and Private Spaces 238
[d] Outdoor Dining 239
§ 12.04 Conclusion 239
§ 12.05 Glossary of Terms 240
Part 4
Redevelopment Projects 241
Chapter 13
Public-Driven Redevelopment Projects 243
Kevin Cantley
§ 13.01 Introduction 244
§ 13.02 Development Process and Players 245
§ 13.03 Financing and Project Structure 245
§ 13.04 Community Involvement 246
§ 13.05 Planning and Design 247
§ 13.06 Phasing 248
§ 13.07 Parking 250
§ 13.08 Management and Maintenance 250
§ 13.09 Transitions 251
§ 13.10 Project Performance 251
§ 13.11 Lessons Learned 252
[1] Marketing 252
[2] Market Analysis 252
[3] Design 252
[4] Color 252
[5] Housing Components 252
[6] Nonconventional Development 253
[7] Community Consensus Building 253
Chapter 14
Quasi-Public-Driven Redevelopment Projects 255
Kevin Cantley
§ 14.01 Introduction 255
§ 14.02 The Role of Government 257
§ 14.03 Development Process and Partners 257
§ 14.04 Financing and Project Structure 258
§ 14.05 Environmental Issues 258
§ 14.06 Phasing 259
§ 14.07 Design and Planning 261
§ 14.08 Parking 262
§ 14.09 Community Involvement 263
§ 14.10 Project Performance 263
§ 14.11 Lessons Learned 263
[1] Land Assembly and Project Financing 263
[2] Operating Costs 264
[3] Changing Market and Opportunity 264
[4] Community Consensus Building 264
Chapter 15
Private-Developer-Driven Redevelopment Projects 265
Kevin Cantley
§ 15.01 Introduction 265
§ 15.02 Development Process and Players 266
§ 15.03 Private/Public Challenges 266
§ 15.04 Community Involvement 267
§ 15.05 Planning and Design 267
§ 15.06 Phasing 269
§ 15.07 Parking and Transportation 273
§ 15.08 Management and Maintenance 274
§ 15.09 Project Performance 274
§ 15.10 Lessons Learned 274
[1] Careful Integration of New Construction 274
[2] Streamlined Approval Process 275
[3] Public Spaces 275
Afterword 277
Index 281

Library of Congress Subject Headings for this publication:

City planning and redevelopment law -- United States.
Land use -- Law and legislation -- United States.
Eminent domain -- United States.