Shepherds

Okay, okay, so I've been a bit naughty in neglecting my blogging duties over the last few months, but now that it is the holiday season, it is time to try to return to the ranks of the nice. With all the coming talk of shepherding as a noble profession, especially in connection with the little guy born on December 25th all those years ago that we'll be celebrating shortly, it seems fitting that thoughts of what land use is all about oftentimes revolves around a different type of shepherding. As I sat through a planning board hearing last week, waiting for the board to approve an application, I thought a lot about how what we do is nudge projects along, making sure people, and the omnipresent paperwork, get to their proper destination, and with the desired effect. The reason why things do or don't happen is because of the champions of causes that may or may not stand the test of the centuries.

Why do projects, or places, succeed or fail? It is standard fare to take a hard look at a place, and determine whether it is a locale to be, or simply a spot that languishes in the past. For instance, a recent account took a hard look at the Great American Pyramid in Memphis, Tennessee, and its failed dreams of bringing prosperity to the region that surrounds it. Unlike the similarly-shaped edifices in Giza, Egypt, the Memphis version has become a relic in a generation. The shepherd in this case was Sidney Shlenker, who sold Memphis on a grand vision of a pyramid that would serve all people with a multiplicity of possible uses. However, Mr. Shlenker failed to make it to the finish line, losing his role in the venture when he could not raise his portion of the cost to build it. Constructed on low-lying ground at the edge of the Mississippi, it has become bypassed, especially with the construction of the FedEx Forum arena just down the road where the NBA's Grizzlies now play, as well as the Memphis Tigers, who were an original tenant. Now the Pyramid sits largely unused, without a shepherd to find a purpose for the abandoned dream palace.

How about in Cheyenne, Wyoming, where at its founding, there were thoughts of it being the metropolis of the Mountain West. However, Denver won out long ago, with stronger shepherds leading it into the promise land. Again, absent strong shepherds to protect its future, carpetbaggers from Denver are slowly creeping into their territory, seeking out cheaper land and lower taxes to the north. As part of this exodus, the National Center for Atmospheric Research, based in Boulder, Colorado, is building a new supercomputer in Cheyenne to be a part of its research network. Instead of seeking to preserve the character of their small city, the caretakers of Cheyenne are choosing to be a part of the herd following into Denver's orbit. For instance, Wyoming State Senator Michael Von Flatern is part of a state legislative initiative looking into constructing a commuter railroad from Wyoming to New Mexico, all in the interest of serving the growing behemoth to the south. As Senator Von Flatern reasons, "Economics is what we are really after. . . . Denver will be a big megalopolis, and if things move forward on the rail line, and Colorado does their party, I would want Wyoming to tie in." Rather than taking the horns, it seems Cheyenne is subject to the whims of other more powerful shepherds.

As can be seen, it takes strong forces to push through anything, be it big or small. On the big side of things, Florida's governor Charlie Crist, the state's Department of Environmental Protection, the South Florida Water Management District, environmentalists and United States Sugar have pushed through the plan for the government to acquire 300 square miles of land that will be converted back to wetland use in order to improve the increasingly deteriorating water quality situation in the area, as well as reverse the heavy development that has overtaken the region in the last few decades. On the small side of things, nobody less than the U.S. Congress and the ACLU (and possibly the U.S. Supreme Court) have jumped into the fray in a seemingly simple matter of a cross constructed decades ago by the VFW on public land in the middle of the Mohave Desert. It all started because of Frank Buono, a retired U.S. Park Service employee, who sued the service over the cross's installation. With the aid of other shepherds, it has become a federal case. Moreover, on the outskirts of Chicago, eight municipalities have struck deals with Canadian National Railway to mitigate the noise and safety concerns generated by the rights-of-way which cross through their burgs. Tired of fighting, the municipal leaders pushed through plans that seek to solve long-standing conflicts with having trains occupy some of their rolling prairies.

Even though such matters receive the attention and care that ultimately pushes them through to fruition, it does not mean that they face hurdles. But it is because of the shepherds that they ultimately do reach the finish line. Take for instance the case of a new national biological defense laboratory, which will be home to the most treacherous diseases on earth. It is located on Galveston Island, Texas, which was, and continues to be, susceptible to hurricanes whipping in from the Gulf of Mexico. "It's crazy, in my mind," says an environmental lawyer in the area. But in the end, the University of Texas, who runs the facility, has better lawyers and public relations professionals, who sold the project to the community in terms of good jobs for the area. On the smaller side of things, in Santa Monica, California, a few irate neighbors took back the highly coveted Fourth Street traffic median where exercisers stretch and grunt their ways into the ire of the people who have to live near it. The residents have forced the City Police to enforce an ancient ordinance prohibiting such nefarious activities. The NIMBY contingent faced the return fire from the healthy types, who blatantly continue to use the space, at least until the tickets at $158 a pop begin to be written. At least for now, the neighbors have won the battle.

The shepherds can come from any corner, at any time. It seems fitting to acknowledge the passing of one such herder, Dorothy Miner, the former counsel to the New York City Landmarks Preservation Commission. Deeply involved in the seminal Penn Central case, which set the stage for the Supreme Court's takings jurisprudence over the past three decades, she was a tireless advocate, and innovator, in preserving the historical character of the city, including lower Manhattan's Dutch street configuration. Her techniques spread across the country in an effort to hold onto America's built environment past.

And finally, let us not forget what happened last month. After the euphoria (or depression, depending which side of the fence you sat) of November 4th, the real question for President-Elect Barack Obama is how he intends to lead. Lofty expectations follow him, and his built-in detractors are already lining up to nitpick at his Cabinet selections. Sure, Obama has spoken on various land use-related topics during the course of the endless campaign, but any real impact from the new President in the world of development will no doubt be funneled through the loftier issues of economic stimulus packages and environmental policy. Who will his shepherds be? Well, some answers have been offered, including Representative Ray LaHood, a Republican from Illinois, as the Secretary of Transportation, Lisa Jackson, former New Jersey DEP head, as the new EPA Administrator, Steven Chu, a Nobel-winning physicist, as the Energy Secretary, Nancy Sutley, who was an advisor to Los Angeles Mayor Antonio Villaraigosa, the new chair of the White House Council on Environmental Quality, Obama's so-called "climate czar," former EPA chief Carol Browner and Senator Ken Salazar from Colorado as the next Interior Secretary. How will they do? Only time will tell. But either way, they have entered a noble calling, which I continue to labor on along with them, down at ground level.

So, How've You Been?

Okay, so things are scary out there these days, with no real end in sight. As with everyone, I'm touched by the craziness happening in the kooky place we call "the market." My wife is an AIG employee, and it seems my clients are just as distressed by the economic woes even if they aren't asking for a multi-billion dollar bailout/rescue/golden parachute/handout. But despite it all, it is heartening to know that we can still find the time to squabble over the newest big development to come into town, and on the other side of the ledger, work together to improve our collective built-up environment. Let's start with the heartwarming side of the coin, in Rochester, New York, of all places. The city's Regional Transit Service has actually decided to reduce the price of a fare on its buses, from $1.25 to a buck. How have they done it? By responding to the demands of the marketplace, no less. And a little ingenuity. The agency has reached out to institutions reliant on the system, like the public school district, colleges and businesses, to pay for its riders. The local state representative was able to lobby for more funding. And the leaders of the transit organization adjusted its routes to meet demand, and eliminated routes that people didn't use. Sure, it's a tiny system in comparison to other behemoths like New York City to the south, but the Rochester approach does suggest a way that public transit can work, and actually turn a profit.

How about in such places as Los Angeles, Seattle and Baltimore, where alleys are back. Once destined for suspicious, if not criminal type behavior, alleyways are being reborn as places to stow garages so that homes can have porches again out in front, spaces to help to reduce dirty runoff and locales where greenways return to the urban landscape. Researchers at the University of Southern California are looking at how the poorer neighborhoods of their region can benefit from underused alleys. Over the last few decades, a piecemeal city program attempted to improve things by gating off troubled alleys. Some turned into park-like settings for local residents -- a veritable Gramercy Park in South L.A. -- while others ended up being abandoned wastelands. One caretaker, sixty-nine year old Virginia Beck, patrols her prized alley she planted herself, and keeps a .38-caliber pistol in her bedroom just in case.

How about in the Adirondacks of upstate New York, where a 14,600-acre swath southwest of the Olympic village of Lake Placid has been purchased by the Nature Conservancy to eventually add to the Adirondack Forest Preserve. It will become part of the larger Adirondack Park, which is still a stitched-together expanse that also includes 103 towns and villages. The park is an attempt to restore nature alongside the needs of residents. In another rejection of expanding into the green hinterlands, a report from Canada depicts the continuing trend of people eschewing the suburbs in favor of more urban type living. Trading square footage for shorter commutes and longer time to spend at home, families are moving back to the city, and trying to bring others with them, sending real estate listings back to their suburban friends. And how about across the other border, in Mexico City, where Sundays mean bicicletas, or bicycles, and other non-engine driven modes of transport, which take over numerous roadways in the megacity's historic district. Once a month, Mayor Marcelo Ebrard also unleashes the Cicloton, a 20-mile course for bicyclists to roam free. As many as 70,000 cyclists have been drawn to this urban grand prix course for bike riders. The hope is that people will carry over to using their bikes during the week.

But in this year of the election, people cannot forget to squabble over differences of opinion on how we should live amongst our structures and infrastructure. Not even the Obama/McCain conversation has been immune. For instance, McCain's bubbly running mate, Sarah Palin, had to face a bit of scrutiny over not just her naming of Supreme Court cases, but also the look of her beloved Wasilla, Alaska, which she governed as Mayor before hitting the big time. One commentator took a trip to Wasilla, and found something other than a "quaint mountain village." Instead, he had this to say: "Some towns have character. Some have a sense of place. And then there is Wasilla, which greets visitors with Wal-mart, Target, Lowe's Kentucky Fried Chicken, Carl's Jr., McDonald's and Taco Bell. They paved paradise, and all they've got to show for it is chalupas and discount tube socks." At the end, he compared the planning prowess of Wasilla's representatives to that of Los Angeles. Well, we didn't exactly expect Palin to be a green candidate, with that whole moose meets helicopter thing.

But aside from the election, people have still found time to keep tabs on what developers are trying to do out in the world. For instance, in Dubai, environmentalists have voiced strong objections to a new $1.5 billion hotel built on a man made island shaped like a palm tree. Intended to be a family destination, the Atlantic hotel and resort, like its sister resort in the Bahamas, is part of a targeted plan by Dubai to be a tourist destination once the oil is gone. The Palm Jumeirah island is only one of a handful to be placed in the Persian Gulf. Among other claims, the objections to the project include that the island itself will damage coral reefs and change water currents. In addition, Atlantis, as an ocean-themed resort, will have a huge water tank which will include a full range of creatures, including dolphins that had to be flown in from the Solomon Islands. In India, a larger battle looms over the push to industrialize, against the needs of subsistence farmers to retain their farmland to live. Scarce real estate is being fought over in a process that will result in the path the subcontinent will seek over the course of the coming decades. At the heart of it all is the land.

And then there are the more mundane matters here at home that are much more important for the people most closely affected. For instance, in Obama's old turf of Chicago, his old employer, the University of Chicago, is quietly gobbling up prime tracts around its current boundaries in efforts to acquire more space to grow. Or that is the answer that the university is supplying to the savvy few who have seen past the land trust in whose name the parcels are being bought. It is interesting to note that if Chicago were to earn the rights to host the 2016 Olympics, the U. of C. would be sitting on some expensive land that may be the site of the new Olympic stadium. The school has answered such claims with its long-standing goals of helping to revitalize the surrounding community by spurring development. Either way, the news itself has helped to keep people otherwise occupied. The same is true in San Diego County, California, where over 600 people were slated to speak on a proposed tollway through state park land. The California Coastal Commission has already denied the application. Now it is the U.S. Department of Commerce to weigh in on the proposal. Again it has brought out a huge throng in opposition. And in Dana Point, California, where the 30-year battle over Dana Point Headlands, a oceanfront home development, is finally ending with the project being built, cries from local residents and environmentalists continue. Called "catastrophic" from these foes, the new abodes have required significant grading work on the once pristine shoreline swath. However, city officials see it as a win, as sixty-eight acres of parks and trails were added in the deal. Either way, the end is near to a long battle.

It is hard not to keep an eye on how the stock market is doing today, and an eye on the health of the business entities that impact your own life. But maybe having no end isn't necessarily a bad thing. It's good to know that despite the uncertainty of the future, there is certainty that we have to continue to tend to our neighborhoods, bring new things and opportunities to our areas and do our part to push on and out of these troubling times. My wife and I are doing our part by moving into a new apartment, with more room and a back yard. Things will get better. And we might as well get to it sooner than later.

Buzz in the Air

While on vacation in the Canadian Rockies, and having a little time to actually catch up on things aside from lipstick and pigs and illegitimate Republicans, I came out of the cocoon of my summer and realized there is a lot going on around the world when it comes to land use. In Canada, I marveled at observing similar land use innovations to those that are happening south of the border on our side of things. For a portion of my trip, I was in Calgary, which isn't exactly a hotbed of excitement. However, seeing light rail trains criss-cross through the city warmed my heart. Strolling through a pedestrian mall in the middle of downtown, I could see the machinery of thought the city fathers and mothers undertook to keep this part of their metropolis vital. Not that the city requires any assistance. It seemed on nearly every corner new projects, both commercial and residential, were reaching towards the sky. A few burgeoning, hipster neighborhoods sprinkled at the downtown fringe also reminded me of home in Brooklyn. And as my wife and I made our trek out of town to the mountains, the suburban edges exposed age-old issues when it comes to addressing the growth needs of a community.

But it wasn't just my travels through Alberta that caught my attention. I actually had a bit of time to read and catch up. The Globe and Mail, a wonderful national newspaper in Canada, ran a story while I was up north about congestion pricing schemes being discussed in the urban areas of Canada. A periodical I picked up at the local health food store called The Earth Island Journal was exploring familiar, but interesting territory when it comes to congestion pricing, as well as the latest from Curitiba, Brazil, where the almost futuristic vision of the city's leaders brought the most comprehensive urban bus system, it seems in the world, to its citizenry in the mid-1960's. Even the Calgary Herald, in running a special edition on the paper's 125th anniversary, couldn't help but explore the issues involved with suburban sprawl on the city's edges, as well as the opportunities in rehabilitating the inner suburbs to support the region's massive growth. This expansion appears to be driven by the largesse dropped in the laps of oil companies, who seem to drive the area's economy.

Back in the States, I discovered a fabulous series that has been running in the Chicago Tribune on the inner workings of the land use process in the Second City. Sure, a lot of the focus is on muckraking, and finding the inherent conflicts, as well as outright graft, going on in the various nooks of the city. But such a window into a seemingly foreign world, when you don't practice there on a day-to-day basis, can be extremely illuminating. And in these highly political times, isn't it intriguing that the words green and Arnold Schwarzenegger can be used in the same sentence? In California, the Governator will most likely receive a bill working its way through the legislature that would bring state comprehensive planning to the land of sprawl. According to one account, the plan will integrate regional planning, transportation fund allocation and affordable housing needs into land use decision making. Whether Ah-nold will be signing the measure is unclear. Either way, it's a huge step that may become another step in the direction towards sound land use policy in a place where the land use culture has often devolved into pure wild west show.

The flurry of activity doesn't end there. As they say, wait -- there's more! On the foreclosure front, some municipalities such as Boston, Minneapolis and San Diego are getting into the flipping business. These regions are buying, with help from private investors, foreclosed homes, refurbishing them, and selling them off in an effort to hold onto communities devastated by the disaster that doesn't seem to want to go away anytime soon. In less grim news, and harkening back to my walks through Calgary, it seems streetcars are making a comeback. After the auto industry pushed the streetcar out of existence in the 1940's and 1950's, leading to tracks being ripped up in favor of smoother urban streets for cars, the pendulum has swung back. Places like Cincinnati are jumping on the bandwagon led by other locales like Denver, Houston, Salt Lake City and Charlotte. People see the results in such towns as Portland, Oregon, and realize that public transportation isn't necessarily a dirty word. Of course, the usual critics out there point to the fact that such plans are essentially publicly-funded subsidies for the downtown core. This analysis carefully dodges the speeding streetcar carrying the obvious retort -- that's the point. Streetcar systems are part of strategies from public policymakers seeking to reinvest in central cities, reversing the subsidies funneled to the urban fringe that produced the current land use, energy and environmental predicament we find ourselves.

How about the stories that seem to be on the edge of the land use radar, but certainly fall under the umbrella of trends to follow. Take for example in Los Angeles, where the City Council has decided to use typical land use mechanisms to respond to a clear issue affecting many poorer neighborhoods around the country. The proposed measure would impose a moratorium on all fast food restaurants in South Central Los Angeles, one of the less affluent areas within the metropolis. Of course, the restaurant lobby is up in arms, as well as observers who believe that the government is going too far to help regulate healthier lifestyles. But the entire zoning framework is used to delineate where certain uses should be placed. This appears to be another such example. In addition, it has been a chronic issue that poorer neighborhoods are woefully underrepresented when it comes to purveyors of healthier food options, and even a seemingly axiomatic supermarket. In any event, it is a different way to use the power to zone to accomplish public policy goals.

And, from the annals of the more things change . . . it's certainly nice to see that things stay rosy in certain necks of the woods, even when things seem so gloomy in general. Take my hometown of Brooklyn, where the big box (in more ways than one) furniture retailer Ikea has moved to once dormant Red Hook, the naysayers have actually embraced the typically controversial type of development. It sure helps when Ikea offers water taxi and shuttle bus service from other parts of the city, and installs a pretty waterfront esplanade. Linked up with its affordable yet stylish furnishing options, and cheap hot dogs at its cafe, Ikea has brought a winning combination to Brooklyn. Out in the desert in Arizona, more good vibes are coming from Kingman, which is benefiting from the overflow from bloated Las Vegas. Not just the home to the closest Cracker Barrel restaurant to Los Angeles, new housing developments may bring upwards of 80,000 new homes to the now-quiet burg by 2040. With a new bridge over the Colorado into Nevada, that means more opportunity and access to the giant to the north. Of course just because it's slightly to the south doesn't mean there's necessarily more water (which the developers' hydrologists believe there is). But who needs to sweat details when the future looks bright? And down in the Everglades, plans continue to be pursued to preserve the fast-disappearing ecosystem. Florida has agreed to purchase 187,000 acres from United States Sugar to help recreate the historic flow of water from Lake Okeechobee down through the Everglades. Of course, the plan is a little more complicated than this, in that the purchased property would be used in a later swap with another sugar company, Florida Crystals, for the land the state really needs to carry out its vision. Either way, it is part of a continuing push to return an important region in the state's past to an integral part of its future. And this is really what land use is about -- how to adjust and project for the future. That's what keeps the buzz ongoing, no matter what time of year it may be.

A Modest Proposal

The dog days of summer are upon us, and in this month when many boards decide to forego meeting, or at the very least, scale back their hearings, it seems like a fitting time to step back from the day-to-day routine, and take a long view of the state of affairs. Recently, I've been running into situations where the matters to which I'm tending remind me that when I was practicing back in New Jersey, the procedure of obtaining land use approvals seemed to make more sense than they do over here in the Empire State. Sure, it's not like things are that much greener on the other side of the Hudson River (even though New Jersey is the Garden State), but in New Jersey there is much more uniformity across jurisdictions thanks to a statewide Municipal Land Use Law. I look at the current way of doing business in New York, where the way things are done vary widely from Town to Town, Village to Village, and I wonder if things could be done a little more consistently.

One of the hallmarks of the federal system the United States lives under is that from state to state, and even municipality to municipality, everyone can experiment with different approaches and ways of getting things done. However, here in New York, it sometimes baffles me why you just have to know "how things are done" in each municipality to have any intelligent method to proceed with applications. For instance, one particular Town on Long Island requires everything to route through its Planning Department. From there, if necessary (for variance or special permit relief, for instance), matters are referred to the Town's Board of Zoning Appeals, with a quick stop over in the Building Department for a denial of a building permit application. It sometimes is the case that variances must be reviewed by the Town Board, instead of the Board of Zoning Appeals, depending on the Town's discretion. If you earn an approval from the Board of Zoning Appeals and/or Town Board, the matter gets sent back to the Planning Department for final review, and perhaps, an appearance before the Planning Board. After you sort out any other administrative approvals, like Fire Safety Division sign-off, then you may return to the Building Department for your building permit to complete the process.

Contrast this with another large Town in Long Island, which first requires a building permit denial, followed by an appearance before the Board of Appeals (not Board of Zoning Appeals, or even Zoning Board of Appeals) if special permit or variance relief is required, a return trip to the Building Department to go through a multi-month process to obtain site plan approval (amounting to sign-offs from a number of Town and County departments), and then finally, building permit approval from the same Building Department, which runs the show (as opposed to the Planning Department in the other unnamed Town). When you start talking about the Villages, then the procedures vary even wider from one another.

If you're still with me, or even if you're not, I think it's clear that things just get plain muddy in these parts. Is it so difficult to maybe come to some agreement as to a general method that must be followed? As another example, I am involved in a matter where not even the Town officials can decide, without research conducted by the Town Attorney, which procedure, and which boards, will be applicable. Isn't there a better way? Referring back to my days in New Jersey, I compare things between the two states, and I see certain choices from which New York could benefit. I must admit, I am not as well versed on the procedures which govern things across the other states, but it seems that these sorts of issues come up from time to time wherever you are. So in response to my recent musings, I offer the following top ten list of procedural improvements from which we in New York (and no doubt elsewhere) could benefit. So here it goes:

10. Hire an attorney for each board, and have that attorney at every hearing.

This seems obvious, but, especially in smaller villages, it is not always the case that an attorney representing the board's interest will be in attendance at hearings. This leaves boards, particularly inexperienced ones, unable to conduct their hearings without this vital resource.

9. Have the professionals attend every board hearing.

The same would seem to apply to board engineers and planners, along with any other professionals who assist boards.

8. Create a system of ancillary jurisdiction to prevent “board hopping”.

This would be a wonderful thing to avoid situations as described above, where the list of boards and stops at various departments seem to never end.

7. Make boards vote in public at meetings.

This is an unusual characteristic I've noticed with many boards in New York. After concluding a hearing, a board will advise an applicant that they will essentially get the decision "in the mail." Shouldn't this most important part of any hearing be conducted at the hearing?

6. Require more specific resolutions of approval.

Some boards don't see fit to draft formal resolutions specific to each application. In an effort to create more complete municipal records, and as a way to protect boards in the case of any potential challenges to their decisions, it would seem like boards would find this procedural piece quite important.

5. Reduce the power of civic associations. Obviously you cannot limit their
right to participate, but boards should not allow these organizations to hold
applications hostage.

The public should always have a right to be heard. However, should civic associations be making decisions for boards? Sometimes, unfortunately, this appears to occur. The applicant has the right to be heard as well, in a timely fashion. Any attempts by civic associations to stall the process should not be tolerated. A hearing is for the benefit of all sides to voice their positions. By allowing civic associations to effectively "kill" applications before the applicant has the chance to present his/her case effectively defeats the whole purpose of discussing land use decisions in a public forum.

4. Require the Mayor and a municipal legislator to sit on the planning board.

This suggestion would seem to keep elected officials deeply involved in the land use process, and ensure that the general performance of a board can be a part of the political process come election day.

3. Draft better ordinances.

This one is a constant theme, no matter which side of the Hudson River you find yourself, as quality drafting must be present for municipalities to have strong bases upon which to base their land use decisions.

2. Incorporate stronger planning principles into municipal codes.

Planning seems to get lost in certain municipalities. I'm talking long-term review of goals of a municipality, taking into account all of the available planning concepts and applying them to the needs of the area. So often it seems the minutiae of applications gets in the way of the big picture, and the benefits an application can bring to a site and surroundings in need of redevelopment are too easily forgotten. It's unfortunate that these considerations often get lost in the specifics of a matter.

And, of course:

1. Require uniformity from Town to Town, Village to Village.

Just some simple thoughts to think about, as we struggle with better ways to do things. It doesn't seem like much to at least consider, particularly as we find ourselves navigating through processes that, at times, seem endless and arbitrary. The land use process should be about openness, clarity, consistency and expediency. It would seem that that is not too much to ask of the machinery we have in place to abide by these simple rules.

I'm In Control Here

Back in 1981, when President Reagan was getting patched up after John Hinckley's assassination attempt, Secretary of State Alexander Haig stepped to the presidential podium, and declared to the world, "I'm in control here," despite the fact there were a few other people in front of him for the head honcho seat. Unlike the matter of presidential succession, the world of land use doesn't always have a directive such as the U.S. Constitution to guide the process. Varying actors assume control of the proceedings at any given time. In this week where talk of democracy gets sprinkled in amongst the fireworks and cookouts, it seems fitting to ask who really is at the wheel of the land use world.

Recent fights across the globe indicate that in many cases, the answer depends on who wins the battle. For instance, in the southwest province of Murcia, Spain, water is becoming scarce. Sure, climate change is causing the slow desertification of the landscape. However, disastrous policies of encouraging water-thirsty resort communities with swimming pools and golf courses, along with farming practices which have shifted to more water-intensive crops in the region, have contributed to the problem. As a result, developers and residents are pitted against the farmers, in a battle over an increasingly disappearing resource. In the middle are the water managers, like one in Fortuna who laments, "I come under a lot of pressure to release water, from farmers and also from developers. They can complain as much as they want, but if there's no more water, there's no more water." Time will tell who controls the H2O in southern Spain.

Other battles over control have popped up in places like Chicago, where an unwritten "aldermanic prerogative" rule has been challenged in the case of a proposed children's museum. Typically, the local city council member, or alderman, must rubber stamp a development proposal in his or her ward for the project to move forward to the Council's Zoning Committee. In the museum's case, Mayor Richard Daley overrode the local alderman's objection, and pushed the project through. Predictably, the courts will ultimately decide who's in control. Another challenge to recognized authority recently flared up on the east end of Long Island, where State Senator Kenneth P. LaValle tried to wrestle development approval authority over a 3,000 acre plot formerly occupied by the defense contractor Grumman from the Town of Riverhead. The Town for now retains control over state environmental review powers, which otherwise would have ceded to the regional Pine Barrens Commission under LaValle's plan. No doubt this fight will continue. And in Juneau, Alaska, plans are being finalized to build the first road that would allow the rest of North America to access the state capital by land. Environmentalists and many city residents oppose the plan, and are also using the courts to be the ultimate arbiter of whether Juneau becomes open to us outsiders.

When things do get decided, who ultimately has the control sometimes ends up in the hands of unseen forces, like the all-powerful market. For instance, the spike in fuel costs has prompted an upswing in people traveling by public transportation. People are questioning life out on the urban fringes in an effort to save costs, with some news accounts asking whether we are observing the "unfolding demise of suburbia," and other accounts claiming that those left on the edges may be caught in a "nightmare." Foreclosures have devastated whole towns, including such California central valley burgs as Merced, where one real estate agent explains, "We're experiencing a tsunami of bank-owned properties." In Chicago, the Spire, the tallest residential structure in the world, is moving forward with market support. According to a recent report, and in response to naysayers, the developer of the 2,000 foot tall structure, scheduled to be completed in 2012, has said that it has already sold 30% of its proposed units in four months time. In Los Angeles, aided by the adoption of a city ordinance permitting them, small lot projects, where multiple tiny, single family homes are built on single lots, with easement agreements taking care of the common areas, are proliferating. With a little bit of a push, the market appears to have taken care of the rest. In the neighboring city of Inglewood, developers are deciding to breath life into the municipality's moribund downtown with new retail and mixed-use projects being proposed. As one of the developers says, "It's not something that's done overnight, but we certainly feel we are a catalyst." And let's not forget the value of the vote, a most democratic affair, where California voters approved an anti-Kelo hammer against eminent domain of owner-occupied residences for private projects. Let the people rule, these examples suggest.

But then again, the iron fist from above often asserts its power. Take for instance the case of the Golden State of California, where its water shortage has prompted a firm response from water authorities and other governmental entities who are beginning to deny development applications because the state's water capacity simply cannot support the new proposals. These authorities are invoking a state law that requires a 20-year supply of water to be present for the development to take place. As one developer has noted, "I think this is a warning for everyone." Not even movie stars are immune from the iron fist of government. Robert DeNiro, actor and real estate developer, faced criticism recently for a top-floor penthouse he tried to tack on to a new hotel in an historic district. The New York City Landmarks Commission will rule on the matter shortly. DeNiro only offered, "You know, it's a process."

Although, governmental power sometimes breeds malcontent amongst the populace. On the other side of the globe, in Dakar, Senegal, questions have been raised where massive development is taking place in the city's core with the aid of investors from Dubai. Amidst the seeming riches, the lower classes have been shut out of the benefits, even though the government has allocated significant resources to these ventures. The government, led by President Abdoulaye Wade, has brought the appearance of prosperity to the metropolis, but not necessarily the reality. Although he guided the construction boom with the hand of government behind him, it may ultimately be used against him as he seeks to groom his son to fill his seat. As one disgruntled street merchant notes, "We can't eat roads. We can't afford to sleep in five-star hotels. So for whom is all this? Not for the ordinary Senegalese man."

In another wrinkle to the "iron fist", governments often come into conflict with each other, particularly when there's a chance to point blame away from themselves. For instance, U.S. Mayors recently appeared before Congress to beg for help to upgrade strained infrastructure systems, from roads to water systems. That day the Senate committee offered a bill that would create a National Infrastructure Bank to allow for the issuance of $60 billion in bonds. Even the national government may not be able to handle the $1.6 trillion task ahead of the country to achieve a "properly functional level" for its transportation and other critical lifelines. But the problem has fallen on the national government from the localities below. In this case, no one really wants to take the reins of control.

I suppose the reason that this issue came to the forefront for me was that I recently served on a jury. Although I was just an alternate, I sat through the whole trial. During it, the judge continually reminded us that we were the ultimate arbiters of fact in the case, which is true. As I mention in my explanation for this forum, the land use process is in many ways the most democratic of activities, as everyone can participate. In that blurb, I reference one's participation on a jury. After my experiences in sitting in that box judging a fellow citizen's actions, nothing has changed my thoughts on land use. The sheer messiness of the process, just like a trial, makes everyone's opinion count. However, where the two worlds differ is that in the case of a courtroom, everyone's looking to the jury for an answer. In a room holding a land use discussion, sometimes it's not clear who in fact is in control.

Shrinkage

In these times where those infernal oil companies are siphoning off our incomes, and the creeping dread of the "r" word, it seems everything has a theme of contraction wherever one turns. Whatever it is I think I see, becomes a Tootsie Roll pop that gets smaller and smaller by each lick of the wise old owl. Putting that mixing of advertising jingles aside, it does seem things keep getting smaller, literally. For instance, the geographer for the New York City Department of City Planning has revealed the staggering news that the mighty metropolis is actually 17 square miles smaller than what was widely believed. Instead of a robust 322 square miles, the city limits only include a paltry 304.8 square miles. Of course, my home borough of Brooklyn took the brunt of the shrinkage, accounting for 10 of the 17-square-mile loss. The geographer, Michael S. Miller, claims the loss is only based on more exact measurements performed since the last time an assessment was made. However, maybe it is simply a sign of the times, with geography falling into line with this age of shrinkage.

Another story from the annuls of land use further support the view that things keep getting smaller -- like the number of homeowners that can hold onto their castles these days. According to one report, three percent of once-occupied homes now stand vacant across the country. The horrendous foreclosure meltdown has resulted in a huge stock of abandoned homes that cannot be filled, which has been chronicled in this blog previously. As a way to combat this problem, mortgage companies are hiring contractors to look after these structures to ensure that the companies' investments do not fall into disrepair, or worse, suffer from vandalism. For instance, in Jacksonville, Florida, these contractors have benefited from the misery of others, billing mortgage companies as much as $5,000 every two weeks to perform their duties. When one side shrinks, the other grows larger.

Another arena facing the prospect of shrinkage is the stock of structures that have been deemed "historic" by some, but just plain old by others. The National Trust for Historic Preservation, a watchdog group for such concerns, has released its annual list of most endangered historic places. Intended to raise the awareness for these sites before they are lost forever, the organization tries its best to prevent another slice of the built environment from shrinking into oblivion. Included among this year's list is the Statler Hilton Hotel in Dallas, Texas, the first glass and steel hotel built in America. Also cited is the Lower East Side of New York City, which is slowly succumbing to the massive gentrification that continues to engulf the tenements of early 20th century immigrant experience. In addition, the Sumner School of Topeka, Kansas, made the cut, which was the genesis for the groundbreaking Brown v. Board of Education case that rejected the era of "separate but equal". Sure, some old buildings have to go. But maybe some are worth saving.

Even Wal-Mart has shrunk away from its grand expansion plans that seem to go on unabated. On the South Side of Chicago, the retail juggernaut has decided to retreat from its attempts to locate its second store within the city's limits. Facing city opposition in light of mighty Mayor Daley's mistake in vetoing a big box ordinance that attempted to impose minimum wage requirements on such stores in 2006, Wal-Mart decided to retreat to the suburbs, and focus their attention on the fringes. Mayor Daley is also in the midst of trying to bring the 2016 Olympics to his city, and does not want to again raise the ire of the union interests who opposed him on the prior fight. Although Wal-Mart has not succeeded in cracking Northern urban markets, we shouldn't cry too much for them. Aside from the Plan B approach in Chicago, in a one step back means two steps forward approach, Wal-Mart is setting its sights abroad, where such nations as Brazil are welcoming the retailer with open arms.

And along with shrinkage, the steadiness of certain land use stalwarts has felt the wobbly uncertainty of the times. Portland, Oregon, a place I've glowed about in previous entries, is facing a challenge to its progressive outlook on the way people live amongst each other and how the city chooses to grow. The ugly word of gentrification has led to an open debate on whether the needs of those in need are adequately being met by the green-leaning vision of the community. In a metropolitan area that is only 7 percent African-American, the city is using its Office of Neighborhood Involvement to conduct the Restorative Listening Project, a plan to listen to the concerns of minority residents in communities that are being overrun by white people. As one Native American participant notes, "That's been our history. . . . They take all you've got. They take your land. Now they want your stories." The shrinking world around the long-term residents has bred resentment, particularly where their shifting neighborhood will never be what it once was. More complex still is the fact that things have improved for the better in the community, but arguably not for those who were subjected to the bad times.

In this era of shrinkage, there is still the push to grow. As first referenced in "Clean Slate," my March 22, 2007, entry in this space, a deal has been struck between environmental groups and the developer of the massive Tejon Ranch tract north of Los Angeles. In exchange for a massive development project to encompass 30,000 acres, the owner of the tract has agreed to set aside 240,000 acres to continue as a wilderness area free from disturbance. In a way, it is a plan for growth agreeable to this era of shrinkage. Ninety percent of the parcel will be conserved. In some ways, maybe shrinkage isn't all that bad.

Are They Nuts?

As a former West Coaster, I like to look in that direction every so often to catch up on the happenings in my former stomping grounds. Aside from the dismal results from this network television season that is coming to a close, there is some other signs of change that have the potential to rock the Los Angeles Basin to its core with greater force than an 8.0 earthquake. The thing that jostled my own equilibrium was a recent plan advocated by Mayor Antonio Villaraigosa that sought to convert two of the city's massive Westside east-west boulevards, Olympic and Pico, to one-way thoroughfares stretching from downtown to the beaches of Santa Monica. A Superior Court judge has temporarily stalled the scheme designed to alleviate traffic congestion in the hopelessly clogged area, forcing the city to perform an impact study before moving forward with the plan. The thought can be characterized as either revolutionary or just plain nutty. Either way, it seems to ignore the elephant on the roadways that costs in the neighborhood of $4 per gallon, and rising.

Another off-kilter story from the leftist coast comes from a hotbed of conservatism that Richard Nixon could have loved, and did. In the Orange County community of San Clemente, which is halfway between LA and San Diego, grassroots political activism fueled by NIMBYist tendencies have brought to life the denizens of the place that the disgraced president once called home. A growing contingent of residents in this built-out 'burb have been standing up to recent attempts to squeeze a bit more value into the limited space left to develop. One plan would have brought a new residential subdivision to 9 holes of the Pacific Golf and Country Club, who would have still had 18 left after the construction. However, buttressed by the ability to send the matter to voters that the "activists" won by having a City ordinance adopted declaring it so, the plan failed public muster. The biggest fallout came at the golf club, where ten members who were opposed to the plan were summarily expelled. Is it a democratic groundswell, or a movement by a few, strong voices? Either way, in this neck of the land, it appears that developers have met their match in their golfing buddies. To call the protesters "activists" puts an interesting spin on things, just as the recent "protesters" who occupied Honolulu's Iolani Palace did, seeking to highlight the group's desire to restore the monarchic ways of the government that once ruled the islands. At least they have an elected leader.

Nonetheless, just down the road from San Clemente, in Irvine, a swath of 40,000 acres surrounded by the sprawl of Orange County has recently been designated as the first California Natural Landmark, a ceremonial title that state officials, including Governor Schwarzenegger, hope will lead to stronger protections for the tract. Perhaps the folks over in San Clemente may see a cause more worthy than the preservation of nine precious holes of golf. Other less fortunate areas are contending with far worse fallout from the lack of open space. Back up in LA, the City Board of Education approved a plan to construct a new elementary school campus, in particularly its fields, on a site contaminated with toxic substances, and already next to a middle school too small for the numbers of students it teaches. "This is by no means an easy decision. . . We have looked for every piece of land, and in this mid-Wilshire area . . . density is a challenge," voiced the Board's president. Are they nuts, or just plain desperate?

Admittedly, there are some other strange proposals happening around the country that begs for a question in the neighborhood of: How crazy are our elected officials? Take for example the happenings in South Florida, where plans are afoot to construct a massive reservoir the size of Manhattan Island to save the natural water flow in the beloved Everglades region. Part of a larger plan to both re-supply the historic flow of water to the wetland region, and provide a flood protection measure for the development that has taken the place of most of the swamp that once covered South Florida, the reservoir is designed to preserve, as best is still possible, the gloriousness of the area before it is lost forever. Will it work? Time will tell.

On the other end of the spectrum, leave it to fabulous Las Vegas, Nevada, where instead of seeking to redevelop its decaying downtown area, has instead decided to acquire a 60-acre tract next door, and build a new one. The ironically-named Union Park area will be developed with a number of Las Vegas style projects, including a Frank Gehry designed Alzheimer's research facility, a performing arts center, and associated casino and residential development. Sure, it took five years to acquire the property, and the economic problems of today may slow things down, but eventually, as everything in Las Vegas seems, it appears inevitable that the ambitious plan spearheaded by Mayor Oscar Goodman will come to be. Not even robust and bloated LA is immune to the economic vagaries of the times, and its mammoth Grand Avenue project has hit a rough patch in obtaining the necessary funding.

On a different scale, in Camden, New Jersey, more modest goals prevail, in that the city's planning board is reviewing an application for a new Hilton Garden Inn, that may signal a turn in fortunes for the long-beleaguered city across the Delaware River from Philadelphia. A new hotel has not been built in the city for about seventy years. Although there are recently-added attractions including an aquarium and a minor league baseball stadium, Camden still faces the problems of attracting attention, and money, that it has confronted for decades. Its proximity to its larger neighbor in Pennsylvania may be Camden's best asset, as it may be able to cater to the overflow in people and tourists that flock to the City of Brotherly Love. For the moment, the prospects remain guarded, and less fabulous, than Vegas.

And with all this nuttiness going on, who can forget the constant thoughts in all our minds (except for those fortunate enough not to ever require a car), the daily reminders of how much driving actually costs - not just the gas our vehicles suck dry. Based partly on New York City's failure to adopt congestion pricing, Los Angeles has been offered $213 million to create its own version of congestion pricing to help alleviate its clogged "freeways." In Chicago, which may also receive a portion of New York's lost booty, is also proposing installing bus-only lanes on its major highways into the central city for express lines, and increasing the costs of parking meters downtown. Is Mayor Daley concerned what the effects may be on commuters who drive? "No, no, no." Okay. Back in New York, the city has refocused on its biking commuters, proposing massive improvements to bicycle lanes, racks and helmet programs. One percent of commuters in the city do so via the two-wheeled method. That number is expected to grow as the price at the pump continues to climb.

In the end, looking at the state of things, there are a lot of plans out there that seem kind of nuts -- and not just those in the greater Los Angeles area. But these are nutty times, and only increasing in nuttiness by the day. At the bottom of it all, at least we are still trying to make things better, and adapt to the increasingly evolving world we live in. When we stop trying, that's when we should be really concerned.

I Need To See It

First off, yes, it's been quiet from this end of the blogosphere lately, but honestly, I've been looking around and seeing things come to fruition that we've already covered. Lately I've been thinking a bit about the act of seeing, and how it's such a big part of what land use is all about. Watching the Pope, or B-16 as he's affectionately called in certain circles, it's clear how much it means to show up in person, giving the audience something to study up close and personal, and gives the stamp of legitimacy, removing the specter of the unknown. Glowing tributes to the man filled the airwaves, as we Americans have finally gotten a gander at the "new guy." In the realm of land use, as with most things, people are going to be quite suspicious of new things until they see precisely what is being proposed. Pretty color renderings, and even fancy computer-driven three-dimensional worlds are employed during land use hearings to attempt to replicate precisely what everyone can expect once something is built. But nothing can replace seeing the reality of things.

Take for instance the drastic actions happening in Youngstown, Ohio, which has been suffering the almost cliched path of urban decay over the course of the last four decades. Now facing the foreclosure crisis, the city is left with trying to improve what its remaining residents have to see everyday. Instead of staring at decaying buildings on near-abandoned blocks, Youngstown officials have decided to raze these areas and replace the broken areas with wide open green spaces. Affectionately called "shrinkage," harkening back to one of those famous "Seinfeld" situations, the plan is to contract, attempting to hold onto the portion of Youngstown that is still alive. Will it work? Well, why not try. It sure beats prior plans to bring in growth, like a proposed blimp factory, or a defense facility promised by then-President Clinton. Only time will tell whether Youngstown will see success.

A recent evaluation of New York City Mayor Michael Bloomberg proclaimed that despite his failure to bring congestion pricing to the Big Apple, which proceeds ahead with the pace of a double-decker bus barreling through Piccadilly Circus in London, he has reshaped the look of the city through 76 crafty rezoning initiatives throughout the city, including one that runs down the 4th Avenue corridor outside by Brooklyn door. As one NYU professor chronicles, noting how Bloomberg's plan has brought taxpaying types to once-decrepit areas, "Places like Red Hook that were once a no-man's land are hipster havens, and Brooklyn is now a center for culture and art for the whole country. . . . Whoever thought people would want to live on the Gowanus [Expressway, or is it Canal?]". Whichever one it is, putting aside the grand redevelopment projects to produce enormous towers in Manhattan, the rest of the city has benefited from a little TLC from the Mayor, which everyone can see.

And then, from the big picture there are also the smaller picture tidbits that depict the importance of seeing when it comes to the built environment. A critical component in any homeowner's seeing is an unobstructed view of the sun, in some fashion, from his or her residence. In aptly named Sunnyvale, California, a battle raged in connection with a state law that permits homeowners to require neighbors to cut down trees that block their solar panels, regardless of when the trees were planted. In Sunnyvale, a recent court action highlights the conflict that can result from this law, particularly where the combatants don't particularly care for one another. The accused owners of a few redwoods were convicted in criminal court, and required to prune the offending trees. And with that, the victor in the battle was able to see again.

No matter big or small is absent from this art of seeing. When you think about it, most land use regulations are subject to this standard, even if veiled in such objective measures as setbacks, height restrictions and lot coverage dictates. It all comes down to how it looks. No matter what the new thing may be, beware of the eyes that are watching you, every step of the way.

It's The End of the World . . . Again

With word that plans have been scrapped to construct a new Madison Square Garden, threatening the grand vision to bring the old Penn Station back to life in midtown Manhattan, it seems glum times continue to abound across New York City. All of the flashy projects meant to put a new glossy finish on the metropolis have run into road blocks on their long paths to fruition. In my neck of the woods over in Brooklyn, the Atlantic Yards project will be slowed a bit in the wake of touch economic times. Bret Ratner, the impresario behind it all, still plans to bring his New Jersey Nets to a new 18,000 seat arena which will be started by the end of the year. However, "Miss Brooklyn," the commercial centerpiece, and three residential towers have been put on hold until the market recovers from the current climate. Stop everything, because a large-scale real estate project may take longer than anticipated! One commentator has gone so far as to fret over how master architect Frank Gehry's grand vision will be ruined by the setback, and the quandary Mr. Gehry finds himself in deciding whether to walk away from the project.

Even on the heels of an announcement that initial plans have been brokered to proceed with an immense project to add a mix of commercial and residential towers over the rail yards at the western end of midtown Manhattan, the doomsday predictions prevail. Where will the financing come from? How can the developer, Tishman Speyer Properties, hope to get it done? "We face significant short-term economic challenges. . . . But this country and this city are extremely resilient," noted Rob Speyer, the head of the development outfit. Even Mr. Ratner can see the bigger picture. "Good things sometimes take a long time." People often have a hard time grasping development that occurs over the course of decades, which often leads to many of the planning issues America faces -- after the fact. But it is shocking how the public discourse often can't see beyond the short term issues flooding the headlines.

Even the bigwigs at the top of the area's transportation framework appear to have been shouldered with concerns over short-term decisions to wait out the current quagmire. More likely, they are seizing on the opportunity to use it as an excuse. Not too surprisingly, the Metropolitan Transportation Authority, or the MTA, decided recently to forego $30 million in planned service improvements due to worsening finances, even though it has been buoyed by recent toll and fare increases. Three weeks earlier, the MTA had made the promises for the improvements. With a track record of pulling these sorts of shenanigans, it seems the MTA is simply trying to bury their own inefficiencies in the economic difficulties of others. With a sigh, the leader of the public transit advocacy group in the city lamented, "They obviously couldn't deliver on the promises they made at the time the fare went up, and that's unfortunate, and it will make people very skeptical about future announcements."

Like the transit advocate, I just can't get too excited that things have grown more difficult to get things done. In the land use arena, it seems like nothing is ever easy, no matter how big or small the project may be. Therefore, when there is talk that the whole world is crumbling around us, I usually can shoulder the news quite well. Take John H. Mollenkopf, a professor at the City University Graduate Center. "None of this is new, he said. Battery Park City took forever to come into being. So did the revitalization of Times Square. There are phases to development in New York, Professor Mollenkopf said." All said very well. My new hero. So let's all relax, keep working on what we can, and hope things will turn around sooner than later, because they will. It's just a matter of when. Recently, the process began to designate 1 Chase Manhattan Plaza, a skyscraper in lower Manhattan, as a local landmark. That took time, too. It got built, and is happily occupied. The world will end at some point, but not over the length of time it takes to get something built.

Under the Radar

With all this talk of Kristen and Client #9, it's tough for much else to creep into the public consciousness. But beneath it all, the mammoth machinery of land use continues to chug on, under the radar. Even an act of "terrorism" fell to the side in the face of the alliterative Spitzer sex scandal. Outside Seattle a new luxury residential subdivision went up in flames, and suspicions arose that the ecoterrorist organization, the ELF, or Earth Liberation Front, was responsible. Although last year ten of the group's participants were convicted on similar acts that have occurred in other parts of the country, it appears they're back. The sign left to mark the crime not only had the acronmyn of the group, but also read "Built green? Nope black!," and called the $2 million homes McMansions. Sure, the houses probably are monstrosities, even though the developer's website claims the project is "the most popular and highest attended single site luxury home and garden tour in the U.S.", whatever this may actually mean. But shouldn't these green-minded types direct their anger at the public officials who permitted the development in the first place? In the end, have their goals really been met if not too many people heard about it?

How about what's going on in Los Angeles, which isn't much, on account of Mayor Antonio Villaraigosa's stalled efforts to bring the southern California behemoth into the class of other world cities, that one writer has argued, now rule the world. Whether this contention is true or not is a debate for another day, but for now the ironic truth is that the Mayor's plans have also fallen to the side because of his own little sexcapade. Villaraigosa's affair with a news reporter badly damaged his ability to do much of anything to bring Los Angeles closer to that corner towards a mass transit-oriented universe. Just as Spitzer's tryst forced everything to deeper in the paper, Villaraigosa's descent into decadence sent land use and public transit to the deaf ears of those he needs to make things happen. The surest sign of the decline is that one of the Mayor's pet projects, the revitalization of downtown, has fallen on hard times according to a recent report. This is not to say the groundwork laid will not prove fruitful down the road. But for now, the growth and change will occur in the background.

And from the annals of the good and bad of what goes on without most people knowing, let's start with the bad. A report recently came out in connection with the massive cleanup and development project ongoing in the New Jersey Meadowlands, grassy marshlands just west of Manhattan, and home to the old and new stadium for the New York NFL teams, as well as the soon-to-be old home of the New Jersey Nets. The analysis, issued by the state inspector general, uncovered the underhanded deals that were made in order to allow the original developer, Encap Golf Holdings, LLC, to bypass environmental regulations in its effort to throw up buildings and start earning income on the property. In another story of graft and corruption that seems inevitable when it comes to high-stakes land development, word was met with interest, but the question, as always, was how it happened when so many were supposed to keep watch over the project.

On the good side of the ledger, how about Bill, Wyoming, where a deal was struck between the Union Pacific Railroad and Lodging Enterprises, a hotel outfit, to bring a brand new facility to the "town," which boasts a population you can count on your fingers. The railroad needed an upgraded weigh station for its employees, who pass through this tiny speck of development in this coal mining section of the continent, and must stop for mandatory rest breaks here. Out of nowhere, upon the plains, rose the new 112-room hotel, not to mention a new 24-hour diner, back in December. This is an event hard to miss in those parts. But for the rest of us, it slipped under the radar, as we chose to focus on other things, like obsessing over Kristen's MySpace page, bringing her out of obscurity, and probably not too long from now, ushering her onto the stage for her chance at musical stardom. In the meantime, the landscape will continue to change, unbeknownst to most.

Are You Really Surprised?

I have to admit, in my jaded state, not much shocks me these days. No, I'm not made of stone, but I think I'm built so that if jarring news does come my way, it's almost as if I have calculated the possibility of such events occurring, and stowed it away for the potential eventuality that they may come to pass. Of course, being in this unfortunate state I also get annoyed when people don't see certain things coming -- almost as a way to convince myself that I knew it all the time. Take for instance the recent unfortunate case of Congressman Rick Renzi, a Republican from Arizona, who has been indicted for a crooked land deal involving a parcel in Kingman, a delightful place not too far from the Grand Canyon that happens to have the nearest Cracker Barrel to Los Angeles. Apparently the fulcrum for the scheme was Renzi's support for land-exchange legislation making its way through the House. To top it off, Renzi has also allegedly embezzled funds from his family-owned insurance company. In a story with an age-old plot, are we really surprised that another questionable land deal has been committed by a public official?

In another case of "Are You Really Surprised?", land located near the famous Hollywood sign, and once owned by Howard Hughes, who planned to build a hideaway for his then-babe Ginger Rogers, is on the market. Prime lots for residential construction are located on the ridge to the west of the sign, and are available for the taking. One city councilman is seeking to preserve the pristine parcel. "That mountain should not be cluttered. . . . It's good for the psyche of Los Angeles." But considering the sign was originally constructed to tout a nearby housing development, is it really shocking that it may be slightly upstaged by the use it was intended to promote? The whole thing drips with irony -- and, inevitability.

How about the recent news that Long Island Rail Road ridership has reached a high not seen in nearly sixty years. Eighty nine million riders braved the commuter rail line leading to New York City in 2007, a figure which hasn't been reached since 1949, when over 91 million fannies filled the seats, and stood in the aisles. Of course, the LIRR saw the opportunity to toot its own horn. "Our research shows customer satisfaction is directly tied to on-time performance, and the LIRR is continuing to deliver in that important category," argued the president of the railroad. Of course, the more obvious answers lie in the growing desire to reduce one's reliance on the automobile, something the suburban area has found out sixty years too late. Of course it took this long to realize how brutal a long driving commute can be, but hey, I'm not going to say I told you so. In that vein, a recent New York Times article reported on the seemingly obvious fact that suburbanites have to do more to address the issue of carbon emissions, particularly since they are such a big part of the problem. (I can't exactly hide from shame, as I drive to work out to the suburbs from the city). Places like Levittown, the quintessential post-World War II suburb, are rising to the call, committing officially to meet the carbon emission standards set forth in the seminal Kyoto Protocol. This piece may be a bit surprising.

And finally, how about that crazed gunman who shot his way through the Kirkwood, Missouri, City Council meeting a few weeks back. No, I'm not going to be so callous as to say that they should have known, but anyone who finds themselves at local government meetings on a regular basis, as I count myself as one, it is not surprising how the anger can bubble up and explode with such a tragedy as occurred in that St. Louis suburb. Local government choices, including land use decisions, rile the ire of citizens every day. In every municipality around the country, you could probably point to "the guy who always shows up to the meetings" and wonder what gets him or her angry enough to come all the time. It's very simple, and not surprising, to point to issues that affect these folks on a fundamental level, and force them into desperation.

Decision Time

As we move ever closer to some type of resolution to the electoral process that already seems like it has gone on far too long, the constant bombardment of news and propaganda can be a bit daunting. Here in New York we're gearing up for the Super Duper Stupendous Extravaganza which will be, for most of us, another drab Tuesday. But despite my attempts to steer clear of the hoopla, even the world of land use pulls me back into the fray. For instance, there is a report out of Chicago where, in the words of Hillary Clinton, "slum landlord business" magnate Tony Rezko was arrested on various charges you would expect of a sleazy developer.

Usually such a news item is of little moment on the national stage. But when he also knows the junior Senator from Illinois, who is also running for president, the stakes are raised. In particular, the 20-year connection between Rezko and Obama yielded an odd transaction back when the Senator just won his seat. Obama bought his house for $300,000 less than the asking price. As someone who is in the market for a new home, I can only bow to honor his good fortune. On top of that, the same day, Rezko's wife purchased the property next door for the retail price. Thereafter, Obama purchased a small portion of the neighboring lot to expand his yard. During his time in the state senate, Obama offered his clout in support of some of Rezko's projects. What all of this means is unclear. Is it another Whitewater, or just another wild goose chase? (Yes, both are seemingly the same thing). But behind it recalls the shady real estate deals that have become a hallmark of seemingly all presidential administrations. A little Teapot Dome, anyone?

In any event, the real tidbit into which I wanted to delve had to do with decisions that Americans have already made. An organization known as the Saint Consulting Group releases a yearly survey, the aptly-named Saint Index, which sets forth the pulse of America when it comes to land use. A co-worker passed it along to me, and I couldn't stop keeping my jaw from dropping to its limits. According to those surveyed, 78 percent of Americans believe there should be no new development in their hometown. Asked what type of new development they’d like to see in their community, one in three Americans said “none,” by far the most popular choice. But when you get more specific, it gets even more confounding. For instance, people were more supportive of a new power plant than a Wal-Mart or a casino. According to the survey, people would rather have a landfill than a casino. For all those people who may need medical attention at one time or another during their lifetimes, fear one-third of your neighbors who said that they would oppose a hospital in their town. And what about for the Clintons and Obamas out there? Eighty-nine percent of Americans believe a candidate’s position on growth is important at election time.

Where we will be come November is way too hard to predict at this early stage of the game. Within days, if not already, the saga of Tony Rezko will no doubt be forgotten amongst the electorate. But either way, the lessons learned from the process of seeking an up or down vote on the candidates, and the issues, is that we land use professionals should be mindful of the sentiment that lies beneath any application brought before a land use board. It is difficult not to recall the lessons of Kelo, and how the decision incited such intense, popular fervor. And of course, it still continues. As reported in Professor Patty Salkin's Law of the Land blog, California is at it again with another eminent domain measure to reach voters in November. The people have spoken. And in this fantastic political system we have chosen as our mode of governance, they will continue to do so.

Darlings

Out of an unfortunate moment where we were a little too giddy with one another, my wife and I exchanged pleasantries in which both of us referred to the other as "darling." Unfortunately, this moment was also witnessed by my in-laws, who have ever since deemed us as "the darlings." This week I actually picked up a bottle of wine, with "Darling" on the label, mostly because of our nickname. The way in which we have been branded by my wife's family got me to thinking about the way in which certain places are treated in such fashion -- i.e., where media outlets and the population at large have certain perceptions of places as "darlings," or at least places that receive more attention, to the exclusion of others, when it comes to being the "hot" place, or being "up and coming."

Take for instance the love affair that continues unabated for Las Vegas. Starting with the boom in the late '80s ushered in by the Mirage, the metropolitan area has grown unabated as the fastest-growing settlement in America. Now the talk surrounds the next round of construction on the northern Strip, particularly in connection with the new resorts and new condo developments rising from the desert floor. "The building on the Strip is mind-boggling. There's more construction going on here than anywhere else in the world except Dubai and China," touts one local booster, a title insurance representative. It's still so hot, that owners of certain vacant lots are opening temporary casinos, for no more than a day, in order to preserve the properties' zoning designations permitting gambling on the premises. I have to admit -- I've been a follower of the trend for over a decade, and I've just put down more words devoted to the subject. But why do we choose to focus on these type of phenomena?

The same type of love extends to beloved landmarks. Take for instance Major League Baseball parks, where fans and city officials alike cannot wait to see the likes of Shea Stadium in Queens, New York, to be eradicated from the face of the earth. But the love continues for such places as Fenway Park in Boston, and Wrigley Field in Chicago. Not too long ago the City of Chicago, the caretaker of hallowed Wrigley, permitted the construction of seventy "bullpen box seats" to be added to the local landmark, but not without careful consideration. As a representative from the City's Department of Planning and Development made clear, "landmark buildings aren't frozen in time,[but] need to be maintained and can be improved while respecting their history." Separately, the Governor and Mayor are considering whether to have the State of Illinois' Sports Facilities Authority acquire and renovate the structure, as requested by the Cubs' current owner, the Tribune Co. Certainly a deal more about economics than preserving history, the government is nonetheless buying into the "darling" designation of the stadium.

But just as their are "darlings," there are perpetual punching bags as well. Not the least aided by another scathing season of HBO's "The Wire," which just began a few weeks ago, news came out of the real-life city of Baltimore, Maryland, that the municipality is suing Wells Fargo Bank for allegedly contributing to the massive number of foreclosures in the wake of the subprime scandal still leveling the housing industry. Similarly, in Cleveland, where the foreclosure nightmare has hit hard, rumblings continue to mount, even in its more affluent suburbs, like Shaker Heights, where some news accounts almost try and bait its residents to go along with what the writer seeks to argue. Another popular whipping place these days is Beijing, where the air quality is painted as being not exactly up to Olympic quality.

But finally, there are those places where people are trying to root for change for the better. In Newark, New Jersey, plans are underway to bring in high-end apartments into the downtown area. Sure, the usual artist stalwarts in the neighborhood bemoan the coming change. As one complained, "We've clearly become part of the strategy of using artists to turn areas into luxury enclaves." This may be true. But at least, until it gets to the point of being called a "darling," people are talking about Newark, without including the obligatory reference to the riots that happened there forty years ago. This may be a small step, but one hard-earned for the long-maligned city.

Are We Back Yet?

Yes, I'm slowly emerging from the coma induced from the whirlwind that is the holidays. After taking a deep breath, and shaking out the cobwebs, I've returned to the world of land use finding that the issues that were out there before do not disappear just because you put them out of your mind for a week or two. Take for instance the doldrums of the real estate world that had to endure year-end reports that things were pretty wretched in the market this past year. Making things worse are the personal stories of how the downturn has impacted individuals and families. Take for instance the recent bankruptcy of Levitt & Sons, one of the successor companies to the builder that constructed the famed Levittown on Long Island. Levitt & Son's business model in constructing gated communities in the southeast for retirees has collapsed in the face of the housing slump. One of its projects, Seasons at Prince Creek West, was halted with only a quarter of the units completed. Purchasers of one of the new structures, Ettore and Laris Costanzo, are left to shoulder the burden of having plopped down a down payment, only to see it trapped in the bankruptcy proceeding. All they want is their home. "Please take our money and let us move in," they've said.

Even with the passing of the new year, people still see the need to question new projects that seek to bring great change, and promise tremendous upheaval, within existing communities. For example, in White Plains, New York, where Mayor Joseph M. Delfino and his team have revitalized a once dormant downtown with such luminaries as the Ritz-Carlton and Donald Trump, the questions arise as to whether everyone stands to benefit. As one denizen of a local public housing development notes, "I love the way downtown looks, but is there a place for working people like me in the new downtown? I don't know." Likewise, in St. Paul, Minnesota, where the Bridges of St. Paul, a large-scale development originally planned under a prior administration, has faced a roadblock from the new regime. Not only objecting to the plan because it caters towards an upper class clientele, the new mayor and supporting players disagree with the vision that the project brings. Specifically, the Bridges would be located across the Mississippi from the historic downtown core, potentially sucking away its vitality. In addition, the new project would be located on a floodplain right along the banks. As the chairman of the entity heading up the project explained, "We've done everything we can, but the squishy liberals think small-scale is morally superior." No matter which side you come out on these battles, they signal that with the changing calendar come the same issues to wrestle.

And still, growth is unrelenting. And not surprisingly, it's occurring in newly-charted territory. The Rocky Mountain West, in particular, Montana and Wyoming, are seeing an influx of new arrivals looking to escape the fast-paced, overdeveloped and high taxed world of the coasts for a more "natural" way of life. Of course, what no one tells these fleers is that eventually their genteel life will be invaded by too many interlopers, forcing them to seek the next "clean" place. But thanks to the general real estate slowdown, or because of it, the rate of growth in the expanding regions of America has slowed. One report indicates that although growth continues, with Wyoming being the largest advancer, the movement to new places has cooled over the last year. Nonetheless, the trend continues.

And no matter how long we choose to let them extend, the holidays cannot forestall the passage of time, and people. David Kennedy, the State of California's "Water Czar" in the 80's and 90's, passed away over the holidays. In more recent times, he served on a review panel examining the levee failures in New Orleans resulting from Hurricane Katrina. Kennedy had a tremendous impact on a region that will always have water on the brain.

But as this week marks the beginning of the new year, it also ushers in the PGA Tour golf season in Kapalua, Maui, Hawaii, where I can still remember being there this time of year three calendars ago. As I watch the players hack away at the Plantation Course, it at least reminds me of the promise of sunny days ahead as we progress into this new year. And maybe, just for a few more hours, I can slip back into my coma for a little longer.