Urban Planning & Development

News & Analysis as of

Court of Appeal Clarifies Requirements for Public Input on Development Agreements

Due process rights to notice and a public hearing for those who may be affected do not apply to a public agency’s consideration of approval of a development agreement, an appellate court has ruled. In addition, the First...more

What Remains of Act 13 in Pennsylvania after Robinson? Pennsylvania Commonwealth Court Strikes Further Provisions of Act 13 as...

Earlier this year, we reported in our Client Alert dated January 15, 2014, on the Pennsylvania Supreme Court’s decision in Robinson v. Commonwealth of Pennsylvania, 83 A.3d 901 (Pa. 2013). In Robinson, the Supreme Court...more

California Development: Proposed Amendments to CEQA Guidelines Significantly Change Transportation Analyses

Developers of infill projects could face additional uncertainty and legal vulnerability under new requirements to analyze impacts on transportation. On August 6, the Governor’s Office of Planning and Research (OPR)...more

Use of Phased Permits on the Rise

As cranes tower over Miami in the post-recession development upswing, developers are once again using phased permits to expedite construction while awaiting approval for building permits. Section 105.13 of the Florida...more

No CEQA Review Required For Initiative Measures, Whether Adopted By City Council Or Voters

The Supreme Court of California has held that CEQA review was not required before the Sonora City Council adopted an initiative measure approving a specific plan for expansion of a Wal-Mart store. The court held that: the...more

Office of Planning and Research Issues Draft Update to State CEQA Guidelines for Analyzing Traffic Impacts

Deadline for Comments is 5 p.m. on October 10 - As mandated by 2013’s Senate Bill 743, the Office of Planning and Research has released its draft update to the State CEQA Guidelines. SB 743 requires OPR to update the...more

The SJC Gives “Great Deference” to the Energy Facilities Siting Board. That’s An Understatement

In two related decisions last week, the Supreme Judicial Court issued three important rulings, and handed the Brockton Power Company one major problem in its long-running effort to build a combined-cycle gas plant in...more

Community right to buy to be extended to urban areas Community Empowerment (Scotland) Bill introduced on 11 June 2014

In November 2013 the Scottish Government published a consultation paper to which was annexed a draft "Community Empowerment (Scotland) Bill". The consultation included proposals to extend the existing "community right to buy"...more

Raleigh's Citywide Zoning Remapping Goes Interactive

We've blogged in the past about the City of Raleigh's ongoing zoning remapping, the result of the City's 2013 overhaul of its unified development ordinance....more

Whatever the EIR’s Name, CEQA’s Rules For Substantive Content and Subsequent Review Remain The Same: First District Upholds EIR...

On July 7, 2014, the First District Court of Appeal filed its published opinion affirming the trial court’s judgment upholding the EIR for the Treasure Island/Yerba Buena Island Project. Citizens for a Sustainable Treasure...more

Treasure Island Update: San Francisco EIR Specific Enough

In Citizens for a Sustainable Treasure Island v. City & County of San Francisco, No. A137828 (Cal. Ct. App. 1st Dist., July 7, 2014), the First Appellate District upheld an environmental impact report (“EIR”) for the...more

Waterfront Toronto wastes $1 mil of taxpayer money on umbrellas

At a Toronto city council meeting yesterday, Rob Ford and his brother, city councilor Doug Ford, spoke out against Waterfront Toronto, a project aimed at revitalizing the area bordering Lake Ontario. Ford spared all niceties...more

Land Use In Action: Raleigh and Other Dynamic Metros At the Forefront of the "Great Inversion"

Our regular readers will know that we will, at times, take a step back from the legal side of things to look at the practical side of things. After all, in the words of Paul Collier, "Most conduct is guided by norms rather...more

Land Use Treats: Judicial Treatment of Landfills and Strip Clubs

It's the summer, and it's hot. It's been 90-plus all week in Raleigh and my phone tells me there is no chance of a cooling today or tonight. I thought we'd take this chance to dip into something a little different,...more

Land Use Innovation: Raleigh Joins Urban Centers Employing "Parklets"

Raleigh, North Carolina -- the Land Use Litigator's home base -- has officially entered the fray of urban centers embracing the planning and business value of urban "parklets". The City is now accepting applications from...more

UPDATE*: Understanding Philadelphia Zoning Law

Moving a project through the Philadelphia zoning process can seem like a daunting task – even after Philadelphia entirely revamped its zoning code. This article will familiarize applicants with the zoning process and help...more

Editorial: Get Ready For A Miami Tech Hub

Miami has long been known for its tourism and hospitality industry, its booming real estate market and its diverse international population. Now, in the wake of Microsoft's announcement that it plans to open a...more

Post-Redevelopment Creativity: Public Benefit Incentive Zoning

Many communities are trying to retain and attract businesses to provide economic development and jobs. With the loss of tax increment financing in California, and constrained local budgets, identifying incentives is more...more

Belgian Constitutional Court decides to annul provisions on administrative loop

Article 4.8.4 of the Flemish Urban Planning Code allowed the Council for Permit Disputes (Raad voor Vergunningsbetwistingen) (ie the Flemish administrative court competent to rule on appeals against urban planning permits) to...more

Signed, Sealed, Delivered, Rezoned: City of Raleigh to Begin City-Wide Rezoning and "Remapping" Process

We've posted here before about the wholesale change to the City of Raleigh's land use laws upon the September 1, 2013 effective date of a new unified development ordinance (UDO). Changes to the land use laws includes the...more

Raleigh to Rezone 34,000 Parcels: Watch for Your Postcard

Effective September 1, 2013, the City of Raleigh adopted comprehensive new zoning and land development regulations referred to as the Unified Development Ordinance (UDO). Although the UDO retains the City’s preexisting R-4,...more

Little Pink Houses: Debate Regarding Zoning Laws and Accessory Dwelling Units Getting More and More Relevant

We've blogged previously about the accessory dwelling unit or the so-called "in-law suite", and how zoning rules addressing these dwelling units can "foment" (or stymie) increased urban density. The accessory dwelling unit...more

HB 14-1375 Passes Senate; Veto Request in the Works

HB 14-1375, a bill that will negatively impact the use of the urban renewal tool of tax increment financing throughout the state, passed the Senate on Wed., May 7, 2014, and is headed to Gov. Hickenlooper’s desk for...more

'Urban Decay' Still Plagues Calif. Big-Box Retail Plans

The California Environmental Quality Act has long been a key weapon in the ongoing war over development in California. In the last few years, the front line of the war has shifted to big-box retail projects. Originally...more

Port Miami And Port Canaveral Undergoing Major Expansions

Port Miami and Port Canaveral, two of the busiest ports in Florida, are preparing to get busier as both equip to undergo major expansion projects. The current endeavor that plans to widen and deepen the Panama Canal is...more

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