Friday, October 16, 2009

Reduce, Reuse and Recycle


Despite the nagging news, talk has turned to how to get out of this economic mess rather than harping on the doomsday state of things. In my humble opinion, it's time we all shake off the doldrums and get back to reviewing a bit of good solid land use activity out there. As we move into the post-Google world, in which everyone has access to every square inch of the face of the Earth from their computer screens, there is no mystery anymore, there is no "virgin land" to explore, no Lost City of Z. That doesn't mean though, that something can't be made from the land use of generations past. Reduce, reuse, recycle, as the motto goes, and that is the business of land development these days. How do we make new the old, and turn it into something great for generations to come?

Visionaries

One recent passing highlights this can-do spirit that motivated our forefathers, as embodied in such types as Melvin Simon, the mall magnate who passed not long ago at 82. From the Bronx to the biggest mall builder in the country (and beyond), Simon is the example of how to create new spaces for people -- at least if it meant auto-driven retail centers. Despite the fact that malls have gone through transition, and the model is on the significant wane, he created the new, and people flocked to it. To his credit, he was at the forefront of bringing movie theaters to malls, to keep them lively into the evening hours. Perhaps just short of his work in producing "Porky's," Simon's main achievement was providing inspiration, if not a vision, to respond to demand for new public spaces.

The vision tag, if not one for execution, could be attached as well to French President Nicolas Sarkozy, whose grand plan for Paris is his attempt to place his stamp on the City of Lights. In his scheme are far-reaching proposals to unite the suburban ring with the central city through a massive infrastructure infusion to the region. Currently, a ring highway separates the two politically distinct subsets of the metropolis. The dearth of affordable housing in the area is also a problem, and Sarkozy wants to work towards solving this void as well, which may include the dreaded skyscrapers which the city has worked hard to eschew. Of course, the economic conditions are to blame for the scaled-back version Sarkozy now proposes. But the view toward the future must be commended as a vision toward reusing and reshaping Paris' footprint.

How about Supermayor Michael Bloomberg, who is working to transform neighborhoods fraught with low income and high rates of obesity and diabetes into healthier places, on several different levels, by pushing through a new plan to encourage the building of supermarkets in these impoverished areas. Specifically, zoning and tax incentives will be built into the City zoning code and tax laws, respectively, in order to bring more stores to these neighborhoods.

Preserve the Old

Preservation is another example of reusing the old by simply keeping it in order for future users. Not everything needs to be "updated" and "modernized", but can be continued with a few upgrades here and there. In Los Angeles, where it seems even the thought of preservation a travesty, there was a recent war of words started by the Los Angeles Times, which appeared to misunderstand that the City actually already has certain safeguards in place for historic structures -- since 1962. As one responder notes, of the 880,000 parcels in Los Angeles, only 975 are "historic." Nonetheless, in a place where sprawl is king, any little reuse is a good thing.

In a quirky turn regarding preservation and recycling, the Lincoln Branch Library in Peoria, Illinois, is stuck in the difficult position of having to remove a 19th century pioneer burial ground in order to continue to use through expansion its existing 1910 building originally financed by Andrew Carnegie. The public relations person for the library noted, "'It really is an architecturally important building. . . . A used building is a preserved building."

Clever Reimaginations

How about industrial site to parkland? In Chicago, a former U.S. Steel manufacturing works is being redeveloped into a park nestled up against Lake Michigan. In the meantime, a local mead maker has struck a deal to allow 300,000 honey bees the swarm the area, in an effort to create his alcoholic concoction. As he claims, "The honey made here from wildflowers is just as good if not better than any I have found anywhere." It it works, and the land can be reused, why not?

Back in Kings Park, NY, my childhood hometown, the battle continues over the Kings Park Psychiatric Center property, which is located on 518 acres on the north shore of Long Island. Currently, the plan is likewise to convert it into a park. However, the Long Island Regional Planning Council has suggested that several of the existing buildings be reused for affordable housing. Not surprisingly, the Kings Park community has exercised its NIMBY muscles, and expressed its displeasure with such a suggestion. The State of New York remains noncommittal on the proposal. Down the road at the Pilgrim State facility, where developer Gerald Wolkoff is seeking to build a $4-billion mixed-use project, the Town of Islip is pushing ahead with public comment, in an effort to redevelop another vacant jewel on an already crowded Long Island.

The industrial site turned park that has received the most attention in these parts as of late is the new High Line park in the meatpacking district of Manhattan. It is ironic that when the Standard Hotel opened back in April, the talk was of the architectural adeptness of the new structure which towers over the new park. Of course, industrious types turned the exposed windows of the hotel into exhibition spots for sordid trysts for all to see, including the families walking the new park grounds. Ah, isn't adaptive reuse a wonderful thing?

Holdouts

Of course, recycling old spaces to make them new is not always for the better, or without reverie for the old. For instance, with the proliferation of big box stores in the Bronx, New York, one commentator harkens back to the late 1970's, when times were simpler, when people could just "hang out." In some ways, I can see his point.

And some people see attempts at reshaping places, even when it means a greener world, as not worth the view. For instance, recent efforts to construct windmills on residential properties, in an attempt to generate energy self-sufficient homes, have been rejected by local land use boards on height, aesthetic and safety grounds. Another novel approach from around the country has been using tight urban backyards as barnyards for raising chickens and other critters for very local consumption. Not everyone is excited, particularly the neighbors. In New Haven, one governmental official noted, "'Raising your own food is cool, but not when you have yards that are 20 feet by 30 feet.'" In Santa Monica, California, a similar movement is afoot whereby wannabe community gardeners are being connected with busy homeowners to create backyard community gardens to further green the southern California burg. The impetus came from a five-year waiting period for community garden space on public tracts.

On the other side of things, the view is everything. In Tokyo, a group of civic-minded residents have formed the Society to Protect Nippori's Fujimizaka, an organization designed to preserve the view corridor of Mount Fuji from the last of 16 slopes in central Tokyo from where one can view the majestic volcano. Of course, their first attempts failed to block a 14-story apartment building which is now in the way. Ever the optimists: "Then we realized there is still two-thirds of the view left. So we decided, let's protect that."

Return from the Abyss

Recycling doesn't always have to mean the land on which projects are built. Jean Chretien, the former Canadian prime minister, has reinvented himself as, among other things, a facilitator of economic development, including a $4.5 billion casino planned along the South China Sea, south of Ho Chi Minh City, Vietnam. Other novel permutations of the concept of recycling includes a movement, led by such advocacy groups as one called Take Back the Land, whereby squatters are filling the void left by foreclosed homeowners to keep these otherwise vacant homes vibrant and kept. They are moving in through the front door, and receive support from neighbors, who would rather have someone there than not. The organizations do perform background checks, and require new residents to work to upkeep the house and pay the utility bills.

In Victorville, California, another approach has been employed. Where a builder defaulted on the construction of a new housing development, the bank which took over the property decided to tear down the four houses already constructed, as it was the cheaper alternative to completing the development. At least the demolition firm will be recycling the remaining usable materials. Another way to waste not, want not, is taking place in towns looking to redefine themselves from manufacturing hubs to biotech leaders. For instance, in Kannapolis, North Carolina, Shreveport, Louisiana, and Huntsville, Alabama, they are constructing new facilities to attract biotech firms. This is a risky proposition, say some, as the industry hasn't exactly been known for consistent profits. But desperate times have bred such measures as the Biopolis of Kannapolis in an attempt to save dying towns.

A Little Bit O' Hockey, and a Little Bit O' Basketball

Still other ways to reuse can be found in the field of architecture, where the controversial Atlantic Yards project in Brooklyn fired renowned architect Frank Gehry, in place of a more cost-conscious vision. The second architect was then replaced with Shop Architects, which has attempted to bring back the original Gehry elements, scaled down from the original version. Nonetheless, the old becomes new again.

Farther out on Long Island, a similar project is being proposed by Charles Wang, the owner of the NHL's New York Islanders, which is facing hurdles from local officials. Dubbed the Lighthouse project, the plan is to redevelop the decrepit Nassau Coliseum, and create a hub of mixed use activity around the sea of asphalt now occupying the site.

On the other end of the recycling spectrum, in Portland, Oregon, the fondness for Memorial Coliseum has stimulated the citizenry to save the structure where the Portland Trail Blazers won an NBA Championship in 1977. The indoor space has been saved from demolition and replacement with an outdoor baseball stadium by earning a spot on the National Register of Historic Places.

Is It Worth Saving?

Still farther out on Long Island, plans are afoot to save what remains of Wardenclyffe, Nikola Tesla's grand lair for wireless communication technology. A group of scientists would like to save the site, which includes the foundation for a 187-foot tower which once sent out wireless messages, and the accompanying laboratory designed by famed architect Stanford White. Right now the land is up for sale, and the owner, the Agfa Corporation, is forced to sell to the highest bidder.

And then there's the other side of the ledger, where one Kansas community claims there is "wasted land." Treece, Kansas, population 140, was a thriving mining town until the 1970's. Its sister town, Picher, Oklahoma, operated in similar fashion. However, once the two places were declared Superfund sites, the EPA's course of action was to buy out the residents and relocate them rather than clean up the community. The buyouts, unfortunately, stopped at the state line, with the residents of Picher receiving the largesse. Treece remains, with the hope from residents that they will be bought out, rather than wait for the EPA to clean up their town. The EPA does intend to remediate the Kansas side. In most cases recycling is the answer. In Treece, most people just want out.

And Finally . . .

And as a parting note, the award for reuse in the most unique way in the land use realm must go to Tod Curtis, the owner of a pizzeria in Mt. Prospect, Illinois, who is finding an interesting new use for the Racketeer Influenced and Corrupt Organizations Act, or RICO. Mr. Curtis is claiming that the village's elected officials have been conducting an "'ongoing enterprise and scheme'" against him to force him out of his building, which he has owned for 41 years, to acquire it for a new commercial and residential complex. "'You have to take a stand somewhere,'" he said. Why not with the aid of making the old new?

Tuesday, April 07, 2009

It's All About Tolerance


I know, I know. How can you expect to generate a following in the blogosphere when you post dangerously infrequently? Well, that certainly is a valid question. But it also got me on the subject of tolerance, and how much people are willing to take. A curious thing recently happened in a West Los Angeles neighborhood, not far from where I lived when I called LA home. The Museum of Tolerance, an institution devoted to educating visitors about the Holocaust, has received approval to expand its facilities to accommodate additional space for receptions and banquets. Not so much in the spirit that the museum seeks to expound, the neighbors are unwilling to tolerate the intrusion. This includes Frances Simon, a Holocaust survivor who lives in the area. "The traffic, noise and music would disrupt the neighborhood. . . . It's like dancing on the dead people's memory." This stark scene also brought to mind the very different sorts of "tolerance" that come into play in the land use realm. Sure, there's the tolerance of neighbors impacted by new projects. But there is also the tolerance of developers, who must decide how much they are willing to give up in order to obtain an approval. In the middle are the government actors who must make determinations, not only based on the law, but factoring in how much they are willing to tolerate in jibes, and potential litigation, that may come from unsuccessful parties.

In some cases, tolerance must extend to the idiosyncrasies of neighbors. Take for instance a recent case on the eastern end of Long Island, where a man has chosen to install a 6-foot tall smiling hot dog on his back yard lawn. The Town of East Hampton has undertaken various methods to force the resident to clean up his property, which includes other assorted "collectibles" on the parcel. The Town ultimately took him to court, resulting in a victory for the Town on a littering charge. In the end, the Town's tolerance gave out. And one man's love for crazy knick knacks suffered a setback. And how about in Coney Island, the former beach resort that faces major plans for a major facelift, where the city of New York, the major developer and a prominent civic association are at odds as to how the hallowed land should be transformed for the coming decades. The city wants to create an "amusement district," which will bring back the good ol' days. The developer wants something more practical, which incorporates hotels and retail into the equation. The civic group, the Municipal Art Society, wants a bigger scale amusement proposal to really attract the summer-going pleasure seeker. And the residents of the area just want to bring in services and economic development to keep the area viable. It's a battle of neighbor against neighbor, in a battle where it seems many of the players are missing the point of the game.

In these tough economic times, a different kind of tolerance has been required. For instance, Charles Wang, the former head of Computer Associates turned real estate developer, is still pushing ahead with his Lighthouse plan which will redevelop the area in and around the Nassau Coliseum, the current home of the New York Islanders. His method to keep the hope alive: the federal stimulus package, of course, which is being sought as a potential source for new infrastructure improvements proposed at the site. In Las Vegas, tolerance has lost out, as the lofty plans for celebrity-sponsored condo towers on the Strip have given way to cancelled plans and half-sold projects. Even gaming revenue is down. Sure, Steve Wynn, entered with the new Encore resort in December, but even he may have to tolerate some slow times. In South-Central Los Angeles, the answer has been to become a little more tolerant, and argue the cause for bringing in businesses that are still very active in the land use game, such as Wal-Mart. There, a local activist, Eddie Caire, started a petition campaign to bring the behemoth to the neighborhood, for the jobs and economic growth it could attract. And people are signing it. In Ontario, Canada, with more of a history with the government-backed approach, is injecting a half a billion dollars into transit improvements, so that "Ontario [is] a place where gridlock doesn't hold you back." Canadian mayors of some of the country's largest cities are also pushing for more transit aid, in order to fix the roads, and put people to work. As the mayor of Kitchener, Ontario explained, "The municipalities are likely the best ways to deliver some infrastructure and the jobs and the shovels in the ground." Of course, the money from the federal government will come with strings, requiring matching funds from municipalities, and time limits on using the money. In Atlanta, times are so tough that the White House is up for sale: or at least, a replica built by a home developer in the southern metropolis.

There are other issues of tolerance to contend with in the land use realm. Take the dreaded automobile. New York City has recently set forth its latest response to the infernal contraption by planning a portion of Broadway in midtown Manhattan to become a pedestrian mall, decked out with cafe tables and benches. Planned to begin in May, the effort may be extended from its initial test run. As a further cut in these tough times, the city of New York has ordered that nearly 700 city-owned cars be returned so they may be sold off and also save millions. This is in conjunction with the elimination of free parking spots for thousands of city workers in car-clogged New York. And in Los Angles, where the automobile still remains king, incidental effects are still fought in order to keep some sense of order to their built-up environment. Recently, the City adopted a ban on "supergraphics," or essentially billboard-scale drapes over buildings that also depict advertising messages. Tenants of these buildings have gotten into the battle, legally challenging landlords for their right to unobstructed view to light and the natural view beyond their windows. One dental hygienist claims it's harder to see in her office. "If I can't see properly, I could be causing people to be having undue contact with a chemical." The legal background to the supergraphics debate is a long-running court case challenging a 2002 city ordinance against new billboards. With so many drivers about town, advertisers see the large signs as a major source in getting their message out. But the recipients can only take so much.

The same is true of cell towers. Near and dear to my heart, wireless telecommunication facilities continue to sprout up as the demand for more and more amenities on mobile phones continues to increase. The Telecommunications Act of 1996 typically shifts the balance of power in the hands of the wireless providers. But municipalities and residents, when willing to fight, do have ammunition. When discussing one recent battle where the residents came out "victorious," i.e., the tower was not approved even though the gap in service remains, one expert on the residents' side concluded, "They didn't give up. . . . That's what happens when people in their community band together and put their seat belts on. They're tough." Simply put, their intolerance bred the fortitude to tolerate the fight.

And what about that symbol of international tolerance - the Olympics? Well, the recent and soon-to-be hosts of the worldwide spectacle may have something to say against it. In Beijing, the host of last summer's entry, the building boom that came to accommodate the games has left a huge cavernous wake in the midst of the world economic slowdown. By one estimate, 100 million square feet of office space, or a 14-year supply, lies vacant in the city. The majestic National Stadium used for the opening and closing ceremonies, as well as the track and field events, has one event scheduled this year. The venue built for baseball will be demolished to make way for a shopping mall. Forty-three billion dollars and 1.5 million displaced residents later, China is left to pick up the pieces. Sure, the vacancies are piling up in the U.S., as well, but at least most of the empty space at one time had been full. In Vancouver, the host of the upcoming 2010 Winter Games, the City of Vancouver is suffering from the pressures of putting on a good show. The City's debt rating has been downgraded, and the cost overruns have extended over the $125 million mark. The cause was Vancouver's decision to take the reins of the financing for the Olympic Village for the incoming athletes, to ensure a timely completion for the host's Olympic overlords.

It is not just the Olympics that have caused such upheaval for the hosts of large-scale sporting events. For New Delhi, which is hosting the 2010 Commonwealth Games, similar large-scale projects are planned. In order for the space to be available for the new athletic venues, and to provide a "cleaner" image for those newcomers who will see the metropolis for the first time, the government has demolished and cleared out existing slum areas around the city. Although the city plans to build new residential units for some of these slum dwellers, the need is more than the planned supply. Inevitably, those left out will have to tolerate even worse conditions to survive in the city. On the other end of the ledger, in Los Angeles, plans are underway to end the tolerance of slipshod housing conditions, by initiating new plans for providing affordable housing to its needy residents. Included amongst the plan are "housing incentive zones," which will provide relaxed zoning standards and expedited permitting if affordable units are included in new housing plans.

Talking about affordable housing, what about those who have no chance of buying anything in pricey New York City, even in the reduced-rate climate of today? Count myself in that category. But a novel fund-raising plan at the Queens Museum of Art allows cash-strapped and real estate-poor New Yorkers to purchase their own little piece of heaven - a "home" on the 9,335 square-foot model of the city that the museum houses as a remnant from the 1964 World's Fair. Since updated to include new structures, like the newly-opened Citi Field, a model house can be had, at tolerable prices. For $250, a donor can buy a single family home. New Yorkers already tolerate pretty cramped quarters to begin with, but this may be pushing it too far.

What about inventive ways to make it through the intolerable economic downturn? Take Pittsburgh, Pennsylvania, where construction and economic growth continues, thanks to plans that began back in the early 1980's to overcome the cataclysmic shift away from the steel industry. The growth of education and health care in the region has fostered an economy that has withstood the deepest effects of the current recession. A new casino and a new hockey arena anchor the blossoming investment in the former rust belt town. But even Pittsburgh is beginning to feel the pain. The question is, can it withstand another downturn? There's no choice but to fight.

But putting aside the economic woes, if it's possible, there are still good ol' conventional land use issues out there that resolve around people's ability to tolerate (or not tolerate) everyone else. For instance, in St. John's, Newfoundland, Canada, the city council recently imposed a moratorium on new drive-throughs within their municipality. Queuing lines out onto roadways have caused increasing concerns, especially at those establishments that serve people's morning coffee. As a local blogger noted, in blaming the council for approving the drive-throughs in the first place, that, "We have a legitimate problem, an inconvenience at best - a danger at worst." St. John's is not willing to take it anymore. On a larger scale, the issue of coal ash is becoming more than a simple nuisance, in light of a recent spill of toxic sludge in Eastern Tennessee. Despite periodic efforts to control these byproducts of coal production, there are over 1,300 dumps around the United States that house these materials, which contain potentially harmful heavy metals. Will the Environmental Protection Agency under the new leadership seek to do more? Only time, and tolerance, will tell.

In Los Angeles, the newly re-elected mayor, Anthony Villaraigosa, is getting antsy with the protracted timetable for his "Subway to the Sea," the grand plan to provide viable public transport for denizens of that city's heavily-populated west side. As of right now, the plan would have the transit line making it to the Westwood neighborhood by 2032, and no definite plan to continue to the sea several miles further to the west in Santa Monica. This line is being planned in conjunction with several other light-rail lines to be added to the existing fledgling network around the metropolis. But will the mayor be able to wait the time it will take to get everything done? In New Orleans, there is no time like the present to keep rebuilding the city ravaged by Hurricane Katrina in 2005. The city has $19 billion in federal money burning a hole in its pockets, allowing it to continue to lift itself from the depths. Even tourism is holding its own, with a bustling Mardi Gras celebration having taken place this year. For those who put up with the worst of times, there may be a light at the end of the tunnel.

How about tolerance for gay rights? Not exactly a topic that always comes to the fore in the land use context, but in California, a recent court decision jumped into the fray in the property context. The court ruled that where a local congregation of the Anglican Church decided to break away from the national organization because the national church had consecrated a gay man, the national church may take back the local church property. Part of a larger national issue in which hundreds of congregations are seeking to break from the national organization, the ruling may stem this tide, and force a little more tolerance on these rogue congregations.

Back in LA, where it seems the level of tolerance is dangerously low, there is another reason to be disgruntled where new parking regulations will extend the hours when you have to feed the meter, particularly in neighborhoods with nighttime entertainment options. In Chicago, people are mad as hell about McMansions, and have come up with a way to fight the technique in established communities of tearing down smaller homes and replacing them with behemoths. North Shore suburbs such as Evanston and Winnetka have instituted so-called "demolition taxes" against this practice, in order for towns to recoup losses caused by damage to parkway trees and roads. Some towns are using the fees for affordable-housing plans. Others also see it as another revenue stream in the downturn.

And what about Donald Trump? Who can stand him? He's raised the ire of some with his plan to build a catering hall on the south shore of Long Island. He won the first round in state court, but won't start constructing until he learns the fate of his $500 million damage claim for all of the delays caused by the State of New York. Sure, he could build now, he says. "The credit markets are terrible, but I could finance it many times over with my personal account." Nonetheless, he's decided to tolerate the wait required to watch the machinery of justice go to work. On the other side of the country, in Cabazon, California, the most hated man is Calvin Louie, the head of the Cabazon Water District, which serves the brave 2,300 who live in the unincorporated area outside Palm Springs. The battle for water is so contentious, and Louie operates such a tight ship, that some customers have expressed their displeasure in unique ways. One unknown subject dropped a slithering rattlesnake through the mail slot of the tiny office. "It was a pretty good size, too, slithered right under the desk." It's a level of hatred perhaps approaching the depth, if not the breath, of the hatred for Mr. Trump.

And in the forests of the great north, the question of tolerance is how the long the rest of us will be able to shoulder the practices contributing to global warming, which are causing the great Canadian forests to the north to dramatically shift from carbon suckers to carbon generators. In Oregon, the Interior Department recently opened up 2.6 million acres of federal forests to increased logging, which has caused the battle to rage again over how much is enough to cut. Like all of the above matters, the question comes down to what's most important, and what values can be preserved in times of crisis.

But not everyone is suffering these days. In Battle Mountain, Nevada, the area is awash in money as they benefit from the skyrocketing value of gold. Mining the valuable mineral in the surrounding area, the desolate area has enjoyed a boom in these sad times. The question will be for the residents, when good times do return for the rest of the economy, whether this run was worth the harder times that would return when the value of gold inevitably falls again. But for the immediate, the real question for the denizens of Battle Mountain is if they can stand driving 75 miles for decent Chinese food.