    [From the U.S. Government Printing Office, www.gpo.gov]

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                                                                                                         U.S. Department of Commerce
                                                                                                         National Oceanic and Atmospherict,,-L@
                          I          proving                                                               Administration
                         Your Waterfront:
                         A Practical Guide

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                     Cover photo:
                     Aerial view of Boston wa-
                     terfront with Quincy Market-
                     Faneuil Hall shopping area in
                     the right center, warehouses
                     converted to residences and
                     shops in the foreground.
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                     For sale by the Superintendent of Documents, U.S. Government Printing Office
                     Washington, D.C. 20402

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                                                                                             ,AT OF Cq4@, Prepared by
              Improving
                                                                                          A/              U.S. Department of Commerce
              Your Waterfront                                                                             National Oceanic and Atmospheric
                                                                                             If/*           Administration
              A Pracifie cal, Guide                                                          *rATES 0*    Office of Coastal Zone
                                                                                                            Management
                                                                                                          In cooperation with
                                                                                                          U.S. Department of the Interior
                                                                                                          Heritage Conservation and Recreation
                                                                                                            Service

                                                                                                          1980

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                    Table of Contents

                                                                Preface    ..........................       5
                                                                Background      ......................      6
                                                                How to Use the Guide         ............   7
                                                                Acknowledgements         ...............    7

                                                                Chapter I-Waterfronts Today         ......  8
                                                                Waterfront Potential     ...............    9
                                                                Waterfront Features      ...............    9
                                                                Redevelopment Difficulties       ......... 11
                                                                Public Access-A Special Issue         ..... 12

                                                                Chapter 11-
                                                                   Management Structures         ........  14
                        Q,
                           =7-                                  Waterfront Management Councils
                                                                   (Commissions)      .................    15
                                                                L4ASan Francisco Bay Conservation
                                                                   and Development Commission ..           16
                                               71*  - -  tffltt'@ OMRhode Island Coastal Resources
                                               99@1                Management Council        ...........   17
                                               'Z@
                                                                      -Public Development orpora-
                                               MIMI!,
                                                                Quasi
                                               ZINC'
                                               M "    c-,,-'-, I'll
                                                                   tion   ...........................      18
                                                                OJJCharles Center-Inner Harbor: Man-
                                                                   agement, Inc.: Baltimore       ........ 18
                                                                Joint Public-Private Development
                                                                   Venture     .......................     21
                                                                @@UFreemason Harbour: Norfolk         .... 21
                                                                Port Authorities   ...................     24
                                                                KAMassachusetts Port Authority:
                                                                   Commonwealth Pier Five/Boston
                                                                   Fish Pier    ......................     25
                                                                Private Development Corporation         ... 27

                    2

                                                             Chapter III-
                                                                Zoning and Districting       .......... 28
                                                             Zoning    ...........................      29
                                                             Waterfront Zones     ..................    29
                                                             Overlay Zoning      ...................    32
                                                             OMMaumee Riverfront Overlay District:
                                                                 Toledo    ........................     32
                                                             Incentive Zoning     ..................    34
                                                             K'MSalem, Massachusetts      ...........   34
                                                             @Water or Harbor Area Management
                                                             Zones   .............                      36
                                                             Districting   ........................     37
                                                             Special Districts   ...................    37
                                                             PUSpecial South Street Seaport Dis-
                                                                   trict: New York City   ...........   38
                                                             Historic Districts  ...................    43
                                                             MMNew Bedford, Massachusetts          ..... 44
                                                             Mixed-Use Development Districts         ... 46
                                                             Planned Unit Development     ...........   47

                                                             Chapter IV-Land Acquisition         ...... 52
                AL                                           Fee-Simple Acquisition     .............   53
                                                             Leaseback  .........................       53
                                                             MMMission Bay: San Diego         ......... 54
                                                             Land Write Downs        ................   55
                                                             Conservation Easements       ...........   56
                                                             Land Banking     .....................     56
                                                             Land Exchange       ...................    58

                                                                                   W-A

                                                                                                                                                 3

                                                              Chapter V-Incentives to Private
                                                                  Developers    ....................    60
                                                              Tax Incentives    ....................    61
                                                              MMLaclede's Landing: St. Louis       ..... 62
                                                              Special Tax Districts    ...............  64
                                                              Tax Increment Financing       ........... 65
                                                              KAPortland Downtown Urban
                                                                  Waterfront Renewal Plan      .......  66
                    ftil                                      Regulatory Simplification     ........... 68
                                                              Public Facilities  ...................... 70

                                                              Chapter VI-Federal Financial
                                                                  Assistance    ....................    72
                                                              M-MSeattle   ........................     74
                                                              WPortland, Maine       ................   81
                                                              Explanation of the Matrix     ........... 83
                                                              Federal Grant-In-Aid Matrix     .....  84,85

                                                              Appendixes    ...................      86-108
                                                              Federal Program Summaries        ........ 86
                                                                  A. Grants   ......................    86
                                                                  B. Loans    ......................    92
                                                                  C- Urban Waterfront
                                                                     Revitalization -The Role of
                                                                     Recreation and Heritage      ...... 96
                                                                  D. Urban Waterfront Action
                                                                     Group    ......................    98
                                                                  E. Contract for Implementation of
                                                                     the Freemason Harbour Urban
                                                                     Development Action Grant No.
                                                                     B-79-AA-51-01 11     ...........   101
                                                                  F. Zoning Bylaw, Plymouth,
                                                                     Mass  .......................      103
                                                                  G. Maumee Riverfront Overlay
                                                                     District  ....................     104

                                                              Bibliography     ....................     106

                  4

               Preface

               The Office of Coastal Zone Management, with the cooperation of the
               Heritage Conservation and Recreation Service, is pleased to present this
               guide in the hope that it encourages communities to take a new look at their
               waterfronts.

               Waterfront space has the potential for serving varied uses in settings made
               attractive by their proximity to water. Housing, shops, parks, and museums,
               for example, all can prosper on waterfronts as can port facilities and
               industry.
               A number of national interests are served by current waterfront
               redevelopment around the country. In addition to providing expanded
               recreational sites, waterfronts can also be the locations for new jobs,
               revitalized neighborhoods, and the preservation of historic structures.
               The emphasis in the guide is on the desirability of teamwork among private
               developers, citizens, and public officials in waterfront projects for the
               maximum public benefit. In addition, our agencies are particularly
               interested in encouraging, wherever feasible, the maximum amount of
               public access to the shore.

               Because waterfronts have great attractions for varied uses, both public and
               private, the task of selecting the best possible mixture of uses of these areas
               is complicated and often controversial. Good faith efforts by all concerned
               will be necessary to achieve new, lively waterfront areas in our
               communities. It is toward that end that we have written this guide,
               containing what we hope are concrete, practical suggestions on how to
               bring this about.

               Michael Glazer                           Chris Therral Delaporte
               Office of Coastal Zone Management       Heritage Conservation and
               National Oceanic and                       Recreation Servce
                 Atmospheric Administration            U.S. Department of the Interior
               U.S. Department of Commerce

                    Background

                    Until recently, urban waterfront             The National Oceanic and Atmos-              A working-level interagency Urban
                    areas were one of America's most             pheric Administration's Office of            Waterfront Action Group was
                    neglected resources. Once thriving,          Coastal Zone Management, De-                 formed in mid-1979 by representa-
                    they fell into disuse and disrepair as       partment of Commerce; and the                tives of 10 federal agencies plus the
                    economic and technological changes           Heritage Conservation and Recrea-            National Trust for Historic Preserva-
                    occurred.                                    tion Service (HCRS) of the Depart-           tion, Partners for Livable Places,
                                                                 ment of the Interior both recognize          National League of Cities, and the
                    Waterfronts have been identified in          the potential of urban waterfronts.          U.S. Conference of Mayors. A list of
                    a number of studies over the years                                                        participants who serve as initial
                    as areas with great redevelopment            During 1978, HCRS began a study              points of contact for their agencies is
                    potential. Among these reports (see          of waterfront projects around the            included as Appendix D. The
                    bibliography for complete listing)           country, with a particular emphasis          group's role is to provide informa-
                    are:                                         on those with potential for recrea-          tion on and facilitate the delivery of
                                                                 tional use or historic preservation.         federal assistance to communities.
                    9 "Waterfront Renewal," Wisconsin            This study was a followup of an ear-         The group will also examine pro-
                    Department of Resource Develop-              lier report on urban recreation by           grams to see if more effective ways
                    ment, 1966;                                  the Interior Department that iden-           of delivering federal services can be
                    * Arthur Cotton Moore, "Bright               tified waterfronts as one of the key         put into practice.
                    Breathing Edges of City Life-                areas for providing enhanced rec-
                    Planning for Amenity Benefits of             reational opportunities for city
                    Urban Water Resources," Depart-              dwellers. A partial summary of the
                    ment of the Interior, 1971.                  waterfront study is included as
                    Recent publications include:                 Appendix C.
                                                                 In 1978 NOAA's Coastal Zone Man-
                      "Urban Waterfronts," entire issue,         agement Program selected wa-
                    Progressive Architecture, June               terfront redevelopment as one of
                    1975;                                        four general areas to receive em-
                    e "Reviving the Urban Waterfront,"           phasis in its funding of states with
                    Partners for Livable Places (with the        approved coastal zone management
                    Office of Coastal Zone Management            programs. Prior to this, the office
                    and National Endowment for the               had experimented with demonstr6-
                    Arts), fall, 1979;                           tion grants to 35 cities and towns for
                    o "On the Waterfront," Planning,             waterfront planning and engineering
                    November, 1979;                              studies.
                    * "Urban Waterfront Revitalization:          Both the Heritage Conservation and
                    The Role of Recreation and Herit-            Recreation Service and the Office of
                    age," Volumes One and Two,                   Coastal Zone Management have
                    Heritage Conservation and Recrea-            sponsored and participated in sev-
                    tion Service, Department of the              eral meetings on waterfront rede-
                    Interior, November 1979; and                 velopment to make their programs
                    * "Small Seaports," The Conserva-            as responsive as possible to wa-
                    tion Foundation, December 1979.              terfront initiatives.

                    6

               How to Use the Guide                                                                     Acknowledgments

               The focus of the guide is on                 The guide is organized to cover the         The authors are indebted to a large
               implementation- translating a plan           different management structures             number of persons who have con-
               into action-rather than on for-              that could be employed by a city,           tributed to this guide.
               mulating or designing waterfront             the mixture of zoning and districting       In each of the case study com-
               renewal.                                     techniques that can be used, land
                                                            acquisition methods, incentives to          munities there was at least one
               The key decision that must be made           involve private interests, and a dis-       person who gave time to provide
               by both   private interests and public       cussion of the types of federal as-         material and then to check the
               bodies is what the character of the          sistance that are available.                draft manuscript for accuracy. Re-
               waterfront should be. Hard bar-                                                          viewers of the document are
               gaining may well occur over the              The selected case studies used              numerous. Many persons re-
               amount and kind of commercial         or     throughout the guide are illustrative       sponded to a proposed outline of
               industrial activity that will take place,    and are not intended to suggest the         the report circulated in the summer
               or how much valuable property will           full range of possible waterfront           of 1979. A first draft of the guide
               be given to residential or recrea-           projects.                                   was distributed in the fall and was
               tional uses. The assumption is that                                                      commented on by a number, some
               these decisions will be made as part         Waterfront redevelopment will and           in great detail. A final draft went to
               of the local planning process, sub-          should reflect the special cultural,.       yet another group of reviewers in
               ject to a variety of political               geographic, political, and economic         December.
               considerations.                              situation of each city or town. The
                                                            tools outlined in this guide will natu-     To all who took time to comment
               The guide does not presume to ad-            rally have to be adapted to reflect         by phone or letter, we are deeply
               vise a community what mix of uses            these factors. The reader should            appreciative. Major sections of the
               is appropriate for its waterfront. It is     consider which of these tools is most       guide have been rewritten, a dif-
               intended instead to help city offi-          appropriate for his or her particular       ferent organization is provided,
               cials, leaders of citizen groups, and        situation, and will then use the cited      and new segments are included as
               private developers who want to               references to obtain additional             a result of the comments received.
               bring about change in their commu-           information.
               nity's waterfront. The language is                                                       Of all the persons assisting with this
               nontechnical.                                                                            report, we wish to give special
                                                                                                        thanks to one individual, Robert
               One of its major purposes is to con-                                                     W. Knecht. As the Assistant Ad-
               vey ideas about the wide range of                                                        ministrator of the National Oceanic
               developments that can comprise                                                           and Atmospheric Administration
               waterfront renewal projects, and the                                                     for Coastal Zone Management until
               varied sources of governmental aid                                                       January 1, 1980, and the leader of
               that might be used.                                                                      the program since its inception, he
                                                                                                        was a strong backer of com-
                                                                                                        munities interested in their wa-
                                                                                                        terfronts. He saw this as a fertile
                                                                                                        area in which the coastal zone pro-
                                                                                                        gram together with other federal
                                                                                                        agencies could make significant
                                                                                                        contributions to the well-being of
                                                                                                        many people. He was the original
                                                                                                        supporter of this publication and
                                                                                                        was the key person responsible for
                                                                                                        its inception.

                                                                                                                          Ann Breen Cowey
                                                                                                                                 Robert Kaye
                                                                                                                          Richard O'Connor
                                                                                                                               Richard Rigby

               Chapter I
               Waterfronts Today

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               Waterfront Potential                        Waterfront Features                        Size
               A number of factors came together           Customarily the term "urban wa-            0 Differences in size affect strategies
               in the late 1970s to spur urban wa-         terfront" is taken to mean the port        of urban waterfront revitalization.
               terfront revitalization. The nation's       areas of large metropolitan regions        Waterfront sections can be compact,
               effort to clean up its waterways,           on the nation's coast or major rivers.     neatly carved out of one section of a
               begun in earnest in the mid-1970s,          San Francisco, Long Beach, St.             city or town, as in Alexandria, Va.,
               is beginning to pay off. The success        Louis, Detroit, Boston, New Or-            or they can sprawl for miles along
               means that once fetid waterfront            leans, and Baltimore come to mind.         two or more rivers that form the
               areas are becoming cleaner and land         In fact, however, the term "urban          principal geographic feature of an
               along the water's edge is suddenly          waterfronts" is much more inclusive.       area, as in Wilmington, Del., and
               more usable.                                Small resort towns with busy har-          Charleston, S.C.
               In addition, tax benefits for struc-        bors, commercial fishing towns,            Scale
                                                           many medium-sized cities, as well as       0 Projects will also differ vastly in
               tures placed on the National Regis-         communities located on bays or
               ter of Historic Places have helped          channels miles from the ocean,             scale. They can be as small as the
               encourage creative reuse of old             should be included.                        replacement of rotting pilings with a
               buildings. Likewise, the rising costs                                                  single, boat-launching ramp-from
               of new construction make conver-            In this guide, the term "urban wa-         this small beginning the City of Bal-
               sion of existing structures econom-         terfront" will be used broadly.            timorelplans to begin redevelop-
               ically attractive. Waterfronts often        Communities with populations well          ment of its Middle Branch area-or
               possess unique opportunities to             under 50,000 are considered be-            as large as its well-known Inner
               reuse older structures. Perhaps             cause the problems of and potentials       Harbor site. At Grand Street in
               best-known is the Ghirardelli Square        for waterfront revitalization exist        Brooklyn, N.Y., a former ferry
               project in San Francisco. Ata cost of       here as well as in larger urban areas.     landing-turned junkyard was re-
               approximately $10 million, a turn-                                                     claimed and turned into a small
               of-the-century chocolate factory was        Waterfronts vary enormously in type        neighborhood park.
               transformed into a shopping and             and character as well as in size and       Heritage
               restaurant complex. The Faneuil             age. Some port cities such as              0 Many waterfronts contain historic
               Hall/Quincy Market restoration in           Charleston, S.C., and Savannah,            structures or uses. This can enhance
               Boston, adjoining the waterfront,        is Ga., owe much of their current at-         the attractiveness for investors,
               a more recent example.                      tractiveness to the restored beauty        given the possible tax breaks on
                                                           of their early days in American his-       designated historic buildings, and
               Coinciding with the increasing at-          tory. Other ports such as Oakland       ,  help develop tourism. The maritime
               tractiveness of "adaptive reuse" or         Cal., are big, bustling, and brand         heritage of old seaports and ships
               preservation of older structures is         new.                                       has sparked renewed public interest,
               the " back-to-the -city" movement,          Among the many factors that con-           as witnessed by the crowds visiting
               intensified by gasoline shortages in
               the 1970s. The trend toward in-city         tribute to the unique character of         the "tall ships" during the Bicenten-
               living has attracted young people,          each waterfront and which must be          nial. Furthermore, the possible tax
               retired people, and others interested       taken into account when examining          breaks on designated historical
               in the amenities and convenience of         redevelopment possibilities are:           buildings rehabilitated for income-
               city living. Waterfront locations are                                                  producing uses makes such renova-
                                                           Geographic Location                        tion attractive to investors.
               prime attractions for new or con-           * Waterfronts are located on coasts,
               verted residences and offices near          along rivers, at the terminus of ship-     Use
               city and town centers.                      ping channels, or alongside bays           0 Many waterfronts are heavily in-
               Competing with such uses of wa-             leading inland from the ocean.             dustrialized, reflecting either current
               terfront property is the recognized         While an obvious geographic fact,          activity or the past port-related
               need for expanded recreational op-          the difference between a river and         functions. Other waterfronts, how-
               portunities for city residents. This        an ocean site will affect engineering,     ever, may be exclusively resort
               point was acknowledged by Con-              design, and type of construction in        communities with harbors for plea-
               gress in 1976, when it ordered a            new projects. (Coastal.sites have to       sure craft and perhaps commercial
               study of urban recreation needs.            take into account ocean storms and         fishing vessels. More commonly,
               Presently, there is an increasing em-       the corrosive effect of salt water, for    waterfronts reflect a mixture of uses.
               phasis in federal, state, and city rec-     instance).                                 The pattern of existing land uses on
               reation programs to use available                                                      a waterfront is important in deter-
               land, such as waterfronts, to provide                                                  mining future redevelopment. That
               open space and parks where people                                                      pattern can easily pose problems.
               live.                                                                                  For example, historic use in a high-
                                                                                                      density industrial area makes con-
                                                                                                      version to residential and commer-
                                                                                                      cial uses a complex task, especially if
               Enjoying the new Quincy Market on the                                                  the area has an unsavory reputation.
               Boston waterfront.

                                                                                                                                              9

                                                                                                      Recreation
                                                                                                      * Recreational opportunities abound
                                                                                                      along waterfronts, whether they are
                                                                                                      now industrial, mixed use, or aban-
                                                                                                      doned. With the prospect of cleaner
                                                                                                      waters in many areas, due to recent
                                                                                                      public investments in pollution con-
                                                                                                      trol facilities, the public's stake in
                                                                                                      using and protecting waterfronts is
                                                                                                      high.
                                                                                                        evelopment
                                                                                                      9 Under
                                                                                                              used waterfront areas repre
                                                                                                      sent major community assets. Their
                                                                 @7
                                                                                                      disposition, therefore, can be ex-
                                                    r
                                                                                                      pected to be of major interest to pri
                                                                                                      vate investors, public officials, citizen
                                                                                                      groups, and the general public.
                                                                                                      Projects of whatever dimension will
                                                                                                      have to balance the various interests
                                                                                                      that are sure to influence plans to
                                                                                                  @i  improve or bring about waterfront
                                                                                                      redevelopment.

                                                                                                      Increased interest in waterfronts is
                        4,& r                                                                         often accompanied by higher prop-
            5,01
                                                                                                      erty values along the rivers and
                                                                                                      shores of the country and increased
                                                                                                      competition for their use. This
                                                                                                      means most suggestions for renewal,
                                                                                                      redevelopment, or other investment
                                                                                                      in waterfronts may run into con-
                                                                                                      tr versy. Public interest groups will
             @CZ                                                                                      want greater access and more space
                                                                                                      for recreation of one sort or another.
                                                                             cl. gat fil              Private property owners will natu-
                                                                                                      rally want to maximize return on an
                                                                                                      investment they might contemplate,
                                                                                                      arguing that this will increase tax
                                                                                                      revenues for the community. These
                                                                                                      0
                                                                                                       bjectives are not incompatible;
                                                                                                      they suggest divergent views that
                                                                                                      have to be considered.

                                                                                                                         5@1
                   In the foreground, the Pier 39 marina and
                   shops, a major tourist attraction on San
                   Francisco's waterfront.

                                                                                                      Ships unloading in New York Harbor.

                   10

                Redevelopment
                Difficulties
                While there are examples of suc-
                cessful waterfront development
                projects in all sections of the coun-
                try, some of which date back to the                                                                                          .7
                                                                                                                                       . . . . . . . . . .
                1930s, there should be no illusion                    17
                about the ease of beginning or ex-
                                                          re
                Boston's Quincy Market renewal
                panding similar efforts elsewhe
                and waterfront revival took 15 years                                                                             X_
                to complete. Baltimore began in           the
                late 1950s with a central city urban
                renewal that then spread to its wa-
                terfront. It is years away from com-
                pletion. Seattle is still grappling with
                how to tie its waterfront to a revived
                downtown.

                Beyond the inherent difficulties of
                any major public-private city re-
                newal or redevelopment project,
                waterfronts present several prob-
                lems what are unique or serve to
                compound problems elsewhere.
                Finance                                                                                                                            7,
                                                                                                                                                    e ZI,'
                e Financing waterfront projects,
                whether small, single-purpose efforts                                                                                                   7
                or major, multi-acre redevelop-
                ments, poses special difficulties.        Pri-
                vate investors may be. reluctant          to Derelict piers in North Bergen. N.J.
                risk a venture because the area           may
                have an unsavory reputation or be
                in an especially deteriorated condi-         Government Jurisdictions                      Pollution
                tion. City officials likewise may be         & Government jurisdictions in wa-             9 Despite the trend toward cleaner
                hesitant to spend major sums for             terfronts are more complicated than           water in general, pollution problems
                improved services and facilities in          elsewhere, because the presence of            remain. The difficulty of dealing with
                unproven sections.                           water introduces additional and               runoff frorn construction and other
                Conflicts                                    overlapping government agencies               non-point sources of pollution
                0 Conflicts among varying interests          and regulations. For instance, in             complicates efforts to clean up
                over what use to make of wa-                 Baltimore Harbor there are 30 state,          waterways.
                terfronts can be intense, perhaps            local, and federal government agen-           Ownership
                                                             cies involved in various aspects of
                more so than in other areas of a city,       decisions about that area.                    *Ownership of waterfront land may
                Industrial users may resist efforts to                                                     be more tangled than in other sec-
                recast waterfront sections into shop-        Age                                           tions of a community. Waterfronts
                ping and residential areas. Residents        a The rundown condition of build-             generally are in older sections,
                may be disturbed at the thought of           ings and municipal facilities in many         creating title problems, and the
                higher-priced restored housing,              older waterfronts is made worse by            presence of railroad and utility rights
                fearing displacement of older, often         problems with bulkheading along               of way adds further complications.
                poorer, residents by the more                the shore or with rotting piers and           Sometirr@es; there is difficulty in de-
                affluent.                                    pilings. These conditions present             termining the demarcation between
                                                             expenses and hazards unique to the            public and private property, espe-
                Underutilization                             waterfront. Piers have been rebuilt           cially if the shoreline has shifted
                *Waterfronts currently serve rnany           and converted, at major cost, to              over the years. Alexandria, Va., has
                cities and towns as convenient .             provide such attractions as Pier 39           a long-standing dispute with the
                dumping grounds. Refuse, staging             in San Francisco, and Seattle's wa-           federal government over ownership
                areas for overseas shipment, tank            terfront park/aquarium site. Compe-           of the waterfront along the Potomac
                farms, lumber yards, and city lots for       tition among cities for public funds          River.
                towed cars all have found waterfront         to repair bulkheads or install shore
                areas convenient. Redevelopment              protection devices is intense.
                means new locations will have to be
                found for such uses.

                                                                                ;7

                                                4

                                    dM P"

                    -7

                                                                                                                       7-

                    Seattle's Central Waterfront Park, central business district to the left.

                    Public Access-                             States have different laws affecting       permitting authority to require pro-
                    A Special Issue                            the line near the water's edge where       vision of direct public access to the
                    The complicated question of the            private ownership stops and public         bay waters. The shoreline manage-
                    public's right to have ready access to     ownership begins. These laws are           ment program developed by Seattle
                    the water deserves special attention       often in flux, subject to legislative      uses permits to preserve visual ac-
                    as a key issue in waterfront rede-         action or court ruliIngs.                  cess throughout the city.
                    velopment. The advent of generally         A number of compromise solutions           The growing trend is toward
                    cleaner waters, at public expense,         seem to be winning increasing favor        multiple-use projects, where more
                    raises a basic question: Who should        in various jurisdictions. Many com-        than one major type of land use oc-
                    reap the benefits of these improved        munities are using their zoning (or        curs in a specific area. Often these
                    waterways, private development             landfill) permit authority to win con-     projects include activities previously
                    interests, the public at large, or         cessions from developers of wa-            considered incompatible. Ways are
                    some mixture of the two? If a deci-        terfront lands to allow public access.     being found, for instance, to provide
                    sion is made favoring widespread           In Wilmington, Del., for example, it       the public with opportunities to view
                    public use of the water's edge, the        is proposed that 20-foot strips along      cargo-handling operations in a har-
                    question quickly becomes one of            the Brandywine and Christina Rivers        bor, as at the Port of Seattle.
                    how that use is to be financed, since      be obtained from industries locating
                    public holdings of waterfront terri-       there. In San Francisco, the Bay
                    tory are limited.                          Conservation and Development
                                                               Commission has for years used its
                    011, VT_FfP7^,_*

                    12

                  A
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                                                                                      @4,

                  The nation's premier lakefront park: Chicago.

                  Some waterfront sections combine           object to having the general public         Waterfront redevelopment has a
                  older industrial activities with newer     stream across their land to the             major obligation to meet the public's
                  public attractions. Baltimore's new        shore. In many cities and towns             need for increased recreational op-
                  aquarium is located beside a former        there are frequent cases of trespass        portunities in cities and towns. As
                  generating plant that will be con-         as citizens cross whatever property is      new projects are developed, access
                  verted to a hotel, which in turn is lo-    in their way to get to the waterfront.      can be built into the design. The
                  cated near traditional pcirt facilities.                                               projects can also provide the occa-
                                                             Even in communities where the               sion for clarifying public ownership
                  Complicated legal questions are in-        shore is "public," there are ques-          of shoreside territory. In return for
                  volved in deciding about providing         tions of access: Should "outsiders"         public investment in support of re-
                  access. The shore may be in public         be allowed to use the facilities,           development projects, parks, public
                  ownership, but only up to a certain        should they pay, and should resi-           piers, or marina facilities can be in-
                  point, such as the normal high tide        dents be given preference?                  corporated into approved private
                  mark. This means that the territory                                                    ventures. Or, a local permit re-
                  in public ownership will be under                                                      quirement can be made contingent
                  water twice a day in coastal areas,                                                    on private provision of access to
                  effectively limiting the public's ac-                                                  what is unmistakably in the public
                  cess. Owners of private property                                                       ownership, the water of the nation's
                  adjacent to public shorelines often                                                    rivers and coasts. As always, care
                                                                                                         must be taken so that there is no
                                                                                                         "taking" of private property without
                                                                                                         compensation.

                                                                                                                                                13

           Chapter II
           Management Structures

                             I - fil

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                                                      t @Etl

           14

                  Some of the most difficult problems                This chapter examines some of the                 Councils may be regional, encom-
                  in urban waterfront revitalization re-             alternative management structures                 passing multi-county or multi-
                  sult from complicated and frag-                    that have been used successfully to               township areas, or they may be lim-
                  mented institutional arrangements.                 bring about waterfront redevelop-                 ited to a single municipality or dis-
                  Urban waterfronts are subject to                   ment more efficiently. Case studies               trict. State enabling legislation is
                  multiple jurisdictions and overlap-                will show how alternative manage-                 usually required.
                  ping governmental responsibilities,                ment structures can be used, under
                  more so than other areas. For                      the proper circumstances, to facili-              Waterfront councils are empowered
                  example, an independent port au-                   tate both large- and small-scale wa-              to control land use and development
                  thority may control shipping opera-                terfront projects.                                within their zones of jurisdiction.
                  tions and associated land based                                                                      Land use planning studies, en-
                  support facilities on the waterfront.              Each of these management struc-                   vironmental assessments, shoreline
                  The state may own and control                      tures has certain advantages and                  access plans, and waterfront de-
                  submerged lands offshore, while the                disadvantages that will apply differ-             velopment proposals are common
                  city planning department may in-                   ently according to the local situation.           examples of planning functions fre-
                  clude the port areas as part of its                A key factor in establishing a differ-            quently assumed by these councils.
                  comprehensive plan. The U.S. Ar y                  ent governmental apparatus is
                  Corps of Engineers controls perm s                 whether sufficient political lead-                Councils also assume a regulatory
                  for dredging, and the Environmental                ership and support exist, since a                 function as part of their manage-
                  Protection Agency has extensive                    transfer of some power and respon-                ment responsibilities. This is usually
                  regulatory influence on coastal and                sibility will probably be involved in             in the form of a permit that is re-
                  riverine development. State coastal                creating the new structures. Wide-                quired before a land owner can sig-
                  zone management programs may                       spread appreciation for the wa-                   nificantly alter shorefront property.
                  add regulatory control and permit                  ter.front and its potential will have to          The permit mechanism provides the
                  approval requirements.                             exist before such a major change is               council with a powerful too] for
                                                                     possible. Local officials, in selec-              guiding development in the coastal
                  Apart from problems with gov-                      tively tailoring the tools to fit their           zone.
                  ernmental jurisdiction, local de-                  situation, will need to investigate               Some of the most successful coun-
                  velopment agencies and private                 in- thoroughly the positive and negative              0
                  vestors may encounter a number of                  implications of each approach.                    cils and commissions, as in Rhode
                  other difficulties in implementing                                                                   Island, have utilized a mixture of
                  waterfront projects. Obtaining suffi-                                                                representatives from all levels of
                  cient investment capital to finance                Wate&ont Management                               government, private business. and
                  an entire project is a major obstacle.             Councils (Commissions)                            citizen groups. The approach of in-
                  Waterfront redevelopment often re-                 Waterfront councils are special pur-              cluding a broad cross section of
                  quires unique, high initial capital                pose government bodies formed                     interests allows a council to avoid
                                                                                                                   I   charges of elitism or special interest
                  outlays for bulkheads or pier im-                  specifically for the purpose of cleal-            dominance. The San Frnacisco Bay
                  provements. Local governments                      ing with coastal areas. This type of              Conservation and Development
                  may have difficulty raising the                    management structure is created                   Commission is perhaps the best
                  necessary funds and face stiff com-                when circumstances arise that re-                 example of this type of structure.
                  petition in acquiring federal aid.                 quire a separate government body,
                                                                     in addition to and independent of
                  Because of the need to work closely                existing agencies.                                Girls at play in waterfront park at Balti-
                  with investors and because of high                                                                   more*s Inner Harbor adjoining the
                  costs involved, some communities                                                                     downtown business and financial district.
                  have selected alternative organiza-
                  tional structures to implement and
                  manage their waterfront projects.
                  These management structures can
                  be more efficient than traditional
                  local government approaches of                                                                                                                                 CA
                  working with private financial and
                  development interests.
                                                                                                                       Z

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                                                                                  gas       N@Nn.
                  Baltimore's new Inner Harbor dominated by                                   14
                  the World Trade Center on right. Two
                  shopping plazas have been added in the             1P,                 1*1
                  center since this aerial shot was taken.

                   KA
                               Case Study
                   San Francisco Bay
                   Conservation and Development Commission
                                                                                                                                                 Kent Watsor
                   The San Francisco Bay Conserva-
                   tion and Development Commission
                   (BCDC) is a prime example of a re_

                   has helped protect the natural re-
                   gional waterfront commission that'                             IL

                                                                                                                                              AW
                   sources of waterfront areas and as-
                   sure that developers provide public
                   access. The commission maintains
                   substantial control over land uses
                   along the shoreline, including much
                   of the bay area's wetlands and salt
                                                                77-
                   marshes. In addition, the commis-            7@
                   Sion has developed a comprehen-
                   sive planning process aimed at
                                                                                 ftA
                   maximizing public access to the
                   shorefront and wetland areas where
                   appropriate.
                   While unique to San Francisco Bay,
                   the commission has elements that
                   could be employed elsewhere, al-
                   though the political difficulty of es-
                   tablishing effective waterfront com
                   missions such as BCDC should not
                   be underestimated.

                   Background
                   BCDC was created in the 1960s by
                   the efforts of a well organized citi-
                                                              Music in the foreground against the background of boats in San Francisco's waterfront.
                   zens group intent on stopping the
                   filling of San Francisco Bay. A study
                   published in 1959 by the U.S. Army         In 1969, after study and review, the       The focus of BCDC's effort to date
                   Corps of Engineers showed a high           Bay Plan and associated legislation        has been in administering permit
                   rate of fill, as well as a chronic ac-     gave BCDC permanent status and             applications for bay shoreline de-
                   cess problem. Less than one percent        control over land use and develop-         velopments. This is a direct proce-
                   of the 1,000 miles of bay shoreline        ment around San Francisco Bay.             dure involving application by a de-
                   was open to the public. A grassroots                                                  veloper, review by the staff and
                   citizens' movement called the Save         Organization                               commission, a public hearing, and
                   San Francisco Bay Association was                                                     finally a vote by the full commission.
                   formed to publicize the problem to         BCDC is a 27-member commission             The permit from the commission is
                   bay area residents. A study commis-        comprised of members with a broad          in addition to whatever other per-
                   Sion was created by the state legis-       range of backgrounds, affiliations,        mits may be required.
                   lature to investigate the problems of      and interests. The commission con-
                   the bay and make recommendation            sists of a representative from each of
                   for their solution. In 1965, the study     the nine counties surrounding the
                   group proposed the establishment of        bay, which includes the City of San
                   a commission to prepare and im-            Francisco-, five state agencies; seven
                   plement a plan for the protection of       members from the general public;
                   the bay. Later that year, BCDC was         and four from the Association of Bay
                   formally created by the legislature.       Area Governments. Two federal
                                                              representatives also serve on the
                                                              commission, but do not vote on
                                                              permit applications.

                   16

                                                                         Case Study

                 Results                                     Rhode Island Coastal
                 The permit process has allowed              Resources Managment Council
                 BCDC to greatly control filling of
                 San Francisco Bay. The average an-          The Rhode Island Coastal Re-               One of the council's most difficult
                 nual rate has dropped from 1,500            sources Management Council is a            and controversial decisions involved
                 acres a year.in 1940 to the current         17-member citizens council estab-          the building of homes on barrier
                 rate of about 30 acres a year. Some         lished in 1973 by the state legisla-       beaches. The council's original reg-
                 permits require developers to re-           ture to manage the state's coastal         ulations prohibited all building on
                 claim wetlands and marshes as a             lands and waters.                          barrier beaches in the state, but the
                 tradeoff for allowing landfill. These                                                  law was struck down in court. A re-
                 "mitigating measures" have resulted         The council has direct authority over      vised version of the law permitted
                 in a net increase of 4.6 acres of           all activities between the mean high       construction on already developed
                 wetlands and marshes and 21.4               water mark and the three-mile limit        barrier beaches, but prohibited ex-
                 acres of public access land.                of the state's territorial sea, plus       pansion to beaches that were unde-
                                                             coastal wetlands, physiographic            veloped in 1974-about one-half of
                 Each permit application also is re-         features, and all directly related         the state's beaches. The revised
                 viewed by the commission to deter-          contiguous areas. Council permits          regulations restricted all forms of
                 mine the amount of public access            are required for coastal activities        development on the beach face, as
                 that can be included in a develop-          after all other state and local permits    well as on dunes and wetlands.
                 ment proposal. The commission has           have been given. The council also
                 the power to require access to the          reviews permits for other coastal ac-      Because the state is small, there is
                 actual permit site, or it can substitute    tivities: power generation, desalini-      often considerable exchange be-
                 a requirement for provision of ac-          zation plants, chemical or petroleum       tween applicants and the regulatory
                 cess at another location that is -better    processing, mineral extraction,            body as a proposed project is drawn
                 suited to the public's needs. In addi-      shoreline protection facilities, sew-      up and a permit application pre-
                 tion to the permit process, a               age treatment plants, and solid            pared. If a project is clearly incon-
                 mechanism called Special Area               waste disposal including private           sistent with council policies and reg-
                 Plans has been created so that              septic systems.                            ulations, the applicant is urged to
                 BCDC and individual local govern-                                                      abandon or reconsider the proposal
                 ments can jointly plan for special          The council's mandate is to "pre-          without going through the permit
                 waterfront areas.                           serve, protect, develop, and where         process. The conditions attached to
                                                             possible restore the coastal re-                 its vary depending on the type
                                                                                                        permi
                 Contact:                                    sources of the state for this and suc-     of project. Common conditions
                 San Francisco Bay Conservation              ceeding generations through com-           stipulate when and how dredge
                 and Development Commission                  prehensive and coordinated long            materials should be disposed and
                 30 Van Ness Ave., Room 2011                 range planning and management."            require that wetlands not be dam-
                 San Francisco, Ca. 94102                    The 17 members are appointed for           aged. All structures must be placed
                 (415) 557-3686                              varying terms. Seven are private           above mean high water and no
                 References:                                 citizens; eight are from local and         wastes can be discharged into tidal
                 "The BCDC Experience as a                   state governments. The directors        of waters.
                 Coastal Manager," Alan R. Pendle-           the state departments of natural re-       Contact:
                 ton and Charles R. Roberts. Coastal         sources and health serve ex-officio.       Rhode Island Coastal Resources
                 Zone '78. American Society of Civil         The council currently processes 125           Management Council
                 Engineers, 1978                             to 150 permits a year. Since 1977,         80 Park Street
                                                             more than one-third of all applica-        Providence, R.I. 02907
                 "A Public Access Plan for San Fran-         tions have been for the construction       (401) 277-2476
                 cisco Bay," Kent E. Watson.                 of docks, piers, boat ramps, or
                 Coastal Zone '78. American Society          floats.
                 of Civil Engineers, 1978.

                                                                                                                                                 17

                  Quasi-Public (Non-Profit)
                  Development Corporation                    KA Case Study
                  The quasi-public organization has
                  proven successful where traditional
                  public efforts to guide development        Charles Center-Inner Harbor
                  have not worked satisfactorily. Its        Management, Inc.: Baltimore, Maryland
                  primary purpose is to create a flexi-
                  ble organization that operates sepa-
                  rately from a public redevelopment
                  agency, but under the general guid-        -2
                  ance of local government. In some
                  cases, such an organization can ac-
                  commodate the special interests of
                  local governments, the private sec-
                  tor, and various community groups
                  more easily than can a traditional
                  department of local government.
                  Also, private corporation status al-
                  lows a management group to as-
                  sume an unaligned, third party role
                  in negotiations between local offi-
                  cials and developers. In this way,
                  differences in goals and policies can
                  be negotiated while projects con-
                  tinue to be managed with a
                  minimum of confusion, conflict, and
                  delay.

                  Development corporations must
                  register with a state corporation
                  commission in the same way that
                  groups legally incorporate. Non-
                  profit status provides tax benefits.       Baltimore's Inner Harbor playground.
                  After the corporation is approved, it
                  may execute a contract with a local
                  government in which planning and           Charles Center was the first in a           Beginning in 1959 with the 33-acre
                  management responsibilities are de-        series of urban revitalization propos-      Charles Center downtown de-
                  fined. The degree of autonomy              als that have been implemented by           velopment project, the City of Bal-
                  granted the private corporation will       the City of Baltimore in the past 20        timore began a massive $180 million
                  vary depending on the nature of the        years. In all, over $700 million in         renewal effort in the heart of the
                  project and state's enabling statutes.     public and private investment have          city. Charles Center was one of the
                  Frequently, the corporation will as-       been committed for one of the most          first experiments in mixed-use urban
                  sume all responsibilities that are         successful urban renewal efforts in         development, bringing together a
                  commonly performed by a local              the nation. A broad spectrum of             variety of commercial enterprises,
                  community development agency.              facilities is represented, including of-    office space, entertainment facilities,
                  An example of a non-profit, quasi-         fice buildings, shops, restaurants,         hotel accommodations. and parking
                  public development corporation is          hotels, theatres, apartments, parks,        in one planned development pack-
                  Charles Center-Inner Harbor Man-           a community college, federal court-         age. The project has been the pro-
                  agement in Baltimore.                      house, nursing center, housing for          totype for many similar efforts.
                                                             the elderly, a convention center, sci-
                                                             ence museum, and marina.

                  18

               Six years later, the second phase of       Inner Harbor                             Charles Center-Inner Harbor Man-
               the overall downtown redevelop-                                                     agement operates on a contract with
               ment proposal began in Baltimore       ,s  Development                              the City of Baltimore that allows it
               central waterfront, at the site known      As proposals for the Inner Harbor        considerable freedom in planning
               as the Inner Harbor. This portion of       surfaced in the 1960s, public offi-      and management for development
               the renewal effort is a multi-stage        cials decided to capitalize on the       around the Inner Harbor. However,
               program for revitalization of the en-      benefits offered by a private man-       the corporation takes all policy di-
               tire downtown waterfront. The inner        agement group as demonstrated            rection from and is officially respon-
               harbor adjoins and will be con-            with Charles Center. The Charles         sible to the commissioner of the De-
               nected to Charles Center through a         Center Management Office was ex-         partment of Housing and Commu-
               system of pedestrian overpasses.           panded to become Charles                 nity Development. The management
                                                          Center-Inner Harbor Management,          corporation works closely with pub-
               Several projects have been com-            Inc., a private, non-profit              lic and private agencies, including
               pleted, including the World Trade          organizaton.
               Center designed by I.M. Pei, a wa-                                                        7--
               terfront promenade, playing fields, a                      '11 1111111K7 V-1i"
               park and playground, area, a marina,
                                                                                                    71,
               and a science center designed by
               Edward Durell Stone. Nearby are
               three major office buildings and a                                  &
               variety of other commercial. resi-
               dential, and industrial land uses.
               Under construction   are an
               aqu
                                 -room Hyatt Re-
                   arium, a 500
               gency hotel, an $18 million mar-
               ketplace of restaurants and shops,
               the first of 250 townhouses, a 300-
                                                                                                                                     T1
               room hotel recycled from an old
               electric generating plant, and hous-
               ing on two piers.
               Management History
               The Charles Center project was
               originally controlled by the Charles
                                                      in
               Center Management Office, an i
               dependent management group es-
               tablished in 1959 to oversee con-                                                                          A
               struction of the downtown project.
               The office was run by an influential,
                                                                     fq,
               retired department store executive
               on a dollar-a-year personal services
               contract, with a skeleton administra-
               tive staff for aid in planning and
               legal assistance. Much of the plan-
               ning was accomplished by the man-
               agement office, subject to approval
               by the local planning council.
                                                            -fi.L                                                                         U
                                                          Tee
                                                                                                 A

                                                                                                                                          cc
                                                          U.S.S. Constellation in the background, visitors enjoying one of
                                                          the Baltimore waterfront's ubiquitous summer festivals.

                                                                                                                                        19

                                                                                                Results
                                           2
                                                                                                By the mid 1980s, the Inner Harbor
                                                                                                will be substantially redeveloped,
                                                                                                with an exciting mix of commercial,
                                                                           'evil
                                                                                                industrial. residential, and recrea
                                                                                                tional uses in a picturesque setting.
                                       L                                                        Thousands of jobs have been
                                                                                                c
                                                                                                  ated, millions of dollars in tax
                                                                                                re
                                                                                                revenues generated, and significant
                                           %
                                                                                                amounts of housing and public ac-
                                                  4
                                                                                                cess made available. The quasi-
                                                                                  4         1   public appr
                                                                                                          oach was used success-
                                                                                                fully to stimulate confidence in the
                                                                                                value of inner city reinvestment by
                                                                           po it t a            the private sector. This, in turn, has
                                                                                                promoted private interest in other
                                                                                                nearby areas of the central city, such
                                                                                                as Federal Hill and Fells Point, now
                                                                                                entering the first stages of
                                                                                                redevelopment.

                                                                                                Contact:
                                                                                                Charles Center-Inner Harbor Man-
                                                                                                 agement, Inc.
                                                                                        2       -1444 World Trade Center
                                                                                                Baltimore, Md.
                                                                                                (301) 837-0862

                                                                                                References:
                                                                                                Briefings on Development-An Ac-
                                                                                                tion Guide, P.A.C.E., Inc.
                                                                                                Cambridge, Mass.
                                                      U
                                                            4,,                                 Coordinated Urban Economic De-
                                                                                                velopment National Council for
                                                                                                Urban Economic Development
                                                                                                Washington, D.C. 1978

                  Taking a rest along Baltimore's waterfront park.

                  the city planning department, the     One of the most useful functions of
                  Offstreet Parking Commission, the     the corporation is selecting develop-
                  Department of Transit and Traffic,    ers and facilitating the operation of
                  the Baltimore Economic Develop-       public and private construction in
                  ment Corporation, and other com-      the Inner Harbor. As a private in-
                  munity groups.                        termediary group, the corporation
                                                        acts as a liaison between city officials
                                                        and private contractors to expedite
                                                        construction and keep projects on
                                                        schedule. In addition, the chairman
                                                        of the corporation is a prominent
                                                        leader in the business community.
                                                        This has resulted in a high degree of
                                                        cooperation with local financial in-
                                                        stitutions and other private interests.

                  20

                Joint Public-Private
                Development Venture                                    Case Study
                In many cases, neither local gov-
                ernments nor the private sector
                acting independently, will have suf-        Freemason Harbour: Norfolk, Virginia
                ficient financial resources to turn a
                proposed development into a com-
                pleted project A joint public-private
                venture is an alternative that can be
                used.
                                                                                              C@

                Public and private groups work as                                                        84            120            325
                partners, under a contractual
                agreement, to contribute different                                                                                E__)
                portions of a proposed develop-
                ment. Freemason Harbour in Nor-
                folk, Va., is a prime example of how                     X
                the public and private sectors can
                                                 mutu-                                       115
                work together to accomplish
                                                                                                                                   Tazewell St.
                ally advantageous social and      eco-
                nomic goals.

                                                                                                                       22

                                                                 &
                                                                       "A
                                                                           MOO v,                                           C  7
                                                                                        j05
                                                                    &

                                                            Map showing the Harbour Square redevelopment area in Norfolk. Shaded areas are the
                                                            streets and sidewalks to be improved during the first phase of renewal. Numbers refer to
                                                            parking spaces. Structures are dark blue. Public access is provided around the project's
                                                            waterfront edge.

                                                            Norfolk's urban waterfront revitali-       Freemason Harbour
                                                            zation efforts have centered around        Associates
                                                            Freemason Harbour, a multiple-use          The Freemason Harbour project
                                                            waterfront project that is a joint         began in 1973, when the Norfolk
                                                            venture developed by the Norfolk           Redevelopment and Housing Au-
                                                            Redevelopment and Housing Au-              thority (NRHA) announced plans for
                                                            thority, the Oliver T. Carr Co., and       a neighborhood development pro-
                                                            Chessie Resources, Inc.                    gram that included portions of the
                                                            The 25-acre downtown waterfront            central city waterfront. At that time,
                                                            site has been abandoned since the          representatives from Chessie Re-
                                                            late 1960s. It is bound on the north       sources. a subsidiary of the Chessie
                                                            by the West Freemason Street His-          railroad, expressed interest in rede-
                                                            toric District and on the east by the      veloping its waterfront properties
                                                            downtown Granby Mall, a commer-            that formed a large portion of the
                                                            cial revitalization project. The site      area under consideration.
                                                            includes eight buildings originally
                                                            used for mercantile warehousing,
                                                            three piers, and a large molasses
                                                            storage tank.
                                                                                                                                r @325

                                                                                                                                             21

                                                                                                                           -4

                                                                                                                               r

                                                                                          `77
                                          i'l F.
                                                                                                         V11
                                                                                                                                                 4@
                                                                                                                                                   _NW

                   Aerial view of Norfolk's central waterfront with the redevelopment project area outlined in blue.

                                                                    00@                                       Originally, Chessie wanted to de-
                                                                                                              velop the site on its own, but
                                                                                                              rea ize
                                                                                                                  h d that the massive costs in
                                                                                                              volved in providing the necessary
                                                                                                              public facilities, principally parking,
                                                                                                              street improvements, and bulk-
                                                                                                              heading, made it advantageous to
                                                                         el
                                                                                                              work with NRHA. The authority, on
                                                                                                            Ic me other hand, at first wanted to
                                                                                                            S purchase the property from the rail-
                                                                                                              road for its own development. but
                                                                                                            Z
                                             V
                                                                                       01A
                                                                                 iaS                          also realized that the combined cost
                                                                        freen
                                                                                                              of land construction made this goal
                                                                               arbou                          unreachable. The parties agreed that
                                                                                                            E
                                                                            a Wderfrorit community            a combined effort represented a
                                                                                                              better course of action.

                                                                                                              The authority and the railroad de-
                                                                                                           '110 cided to proceed as a joint venture,
                                                                                                              and divided the cost of a preliminary
                   The first townhouses, part of the plans to transform aportion
                   of Norfolk's underused waterfront.                                                         planning study with 65 percent borne
                                                                                                              by the authority. In August 1975, Ar-
                                                                                                              thur Cotton Moore Associates com-
                                                                                                              pleted the initial plan for the site,

                   22

                which involved an elaborate eight-           A synopsis of the most important             Results
                phase proposal. Local financial inter-       aspects of phase two of the agree-           As of December 1979, phase one of
                ests expressed concern over several          ment follows. The complete agree-            the master plan was completed.
                elements of the plan, and there was          ment is included as Appendix E.              Twenty townhouses ranging in price
                disagreement over the accuracy of the        e Norfolk Redevelopment and                  from $82,000 to $130,000 are oc-
                market analysis.                             Housing Authority will provide street        cupied and the supporting site im-
                Oliver T. Carr Co., a large Wash-            improvements, utility relocation and         provements completed. Progress on
                ington, D.C., development firm,              installation, landscaping, bulkhead-         phase two has begun with bulkhead
                contracted in 1975 to conduct f6r-           ing and related marine work, and             improvements to one pier, as well as
                ther marketing studies. Following            park and beautification work.                street and utility improvements. Re-
                the collaboration of Carr and the            0 Freemason Harbour Associates               habilitation of the warehouses into
                project coordinator, Barton Meyers           agreed to construct and/or rehabili-         condominiums and commercial
                Associates, thepublic and private            tate a 195,113-square-foot resi-             space is slated for early 1980.
                aspects of the plan were redefined.          dential condominum project, con-             In April 1979, the Norfolk Rede-
                A new land use concept was de-               sisting of 7,800 square feet of acces-       velopment and Housing Authority
                veloped without the originallypro-           sory retail space and 94 residential         received a $1.06 million Urban De-
                posed large marina, with less hous-          units. Total cost is estimated at $6.9       velopment Action Grant from the
                ing, commercial space, and parking,          million.                                     Department of Housing and Urban
                and with greater public access to the        0 NRHA will construct an enclosed,           Development to provide street im-
                waterfront.                                  104-space parking garage at an es-           provements, landscaping, detailed
                In 1976, the city, Carr, and Chessie         timated cost of $772,500. Owner-             engineering work, and utility instal-
                signed an agreement forming                  ship of the garage will be retained          lation.
                Freemason Harbour Associates to              by NRHA, but spaces will be leased           Contact:
                implement the new proposal, the              to owners of the condominium units.          Norfolk Redevelopment and Hous-
                Freemason Harbour/Harbour                    0 NRHA retains a 60-year renewa-               ing Authority
                Square master development plan.           In ble ground lease for site improve-           Box 968
                a separate, more specific agreement          ments on the developed parcels and           Norfolk, Va. 23501
                with NRHA, Freemason Harbour                 will collect a monthly payment from          (804) 623-1111
                Associates agreed to finance its por-        each of the condominium owners.
                tion of the project from private                                                          Reference:
                sources; the redevelopment author-           Financing                                    Freemason Harbour/Harbour
                ity uses a variety of sources includ-        The total cost of the project is esti-       Square Master Development Plan,
                ing Community Development Block              mated to be $120 million of which            Norfolk Redevelopment and Hous-
                Grant money, other federal funds             $93 million will come from private           ing Authority, Oliver T. Carr Co.
                from the Department of Housing               sources and $27 million is public.           and Barton Meyers Associates.
                and Urban Development's Urban                Private costs are for 842 con-
                Development Action Grant Pro-                dominiums and apartments and
                gram, and revenue bonds. The au-             193,060 square feet of commercial
                thority agreed to purchase 19 acres          space. The estimated total public
                of land owned by Chessie Re-                 cost includes $5.5 million in streets
                @sources, combine it with its own six        and utilities, $3.7 million in land ac-
                acres, and lease it back to Freema-          quisition, $9.5 million in parking
                son Harbour Associates. This ar-             facilities, $5.1 million in marine
                rangement requires the private de-           work. and $3.2 million in various
                velopers to obtain financing only for        related activities such as planning,
                construction of the buildings on the         demolition, dredging, relocation,
                site. The city benefits because it           and landscaping.
                collects rent directly from the leases.
                Previously, the owners paid prop-
                erty taxes that went to the state.

                                                                                                                                                   23

                   Port Authorities                            The importance of port authorities in       Ports traditionally have been limited
                   Port Authorities are an established         waterfront redevelopment has in-            to heavy industrial land uses, such
                   management structure common in              creased in recent years, because            as cargo handling and manufactur-
                   commercial harbors throughout the           they have expanded their jurisdic-          ing, while retail, commercial and
                   nation. In most cases, these are            tions to include activities outside the     recreational uses, and general public
                   special-purpose public agencies spe-        traditional water-borne transporta-         access traditionally have been
                   cifically created to manage local port      tion emphasis, including airports,          viewed as inappropriate in port
                   operations. Port authorities normally       bridges and office buildings. These         areas. Until recently, there has been
                   have broad legal powers, including          investments often endow a port au-          little thought given to the potential
                   bonding authority and eminent do-           thority with major financial re-            for varied uses of the abandoned or
                   main, and often function as entities        sources. Many ports now control             underutilized land owned by a port
                   separate from local government.             vast acreages along coastal and             authority.
                   They are created either by state            riverine waterfronts. The combination       However, port authorities in Balti-
                   legislation as state-level departments      of broad legal authority, fiscal            more
                   or as independent special authorites.       strength, and substantial political in-           , New York-New Jersey, Seat-
                                                               fluence gives port authorities signifi-     tle, Oakland, and Boston are taking
                   A port authority serves as an overall       cant resources for urban waterfront         steps to expand their focus to in-
                   management structure, with respon-          redevelopment.                              clude some multiple-use elements.
                   sibility for publicly-owned port ter-                                                   An ambitious example of a mixed-
                   minals, as well as regulatory control                                                   use waterfront redevelopment pro-
                   over privately-owned operations. In                                                     posed by a port authority is at the
                   addition, a port will have land use                                                     Commonwealth Pier Five/Boston
                   planning authority for properties                                                       Fish Pier in Boston Harbor.
                   within its jurisdiction.

                                                                                                                              '4@

                                                                                                                "WM0WWft
                                                                                     MW
                                                                                     ;P1_

                                                                          J';

                   Looking out at the Newport, R.I.,
                   waterfront.

                   24                                                                    6                          low-  awmW

                          Case Study
               Massachusetts Port Authority: Commonwealth Pier
               Five/Boston Fish Pier

               The Massachusetts Port Authority         In the fall of 1978, Massport em-        In conjunction with the Fish Pier op-
               (Massport) is an independent             barked on an ambitious campaign to       eration, Massport has a proposal for
               special-purpose governmental unit        provide some types of mixed-use          the redevelopment of the adjacent
               established by the Commonwealth          development that would be different      Commonwealth Pier Five. The huge
               of Massachusetts in 1956. The port       from the previous retail/residential     750, 000-square -foot pier presents a
               authority has management control         projects on two deteriorating piers.     tremendous challenge to the port.
               over cargo transfer throughout           Massport secured a $6.5 million          The proposal includes substantial
               Boston Harbor. Massport also man-        grant from the Department of             restoration and rehabilitation of the
               ages Logan International Airport,        Commerce's Economic Develop-             covered pier. Improvements are
               operates several bridges, and is a       ment Administration, which will be       planned for the wooden pilings that
               major landowner in the area. The         augmented by $2.5 million from the       support the pier, as well as the pier
               state enabling charter granted           port, for the renovation of the          itself. This will provide substantial
               Massport broad government powers,        Boston Fish Pier. The goal is to im-     public access. Renovation work will
               including bonding authority, land-       prove the commercial fleet and en-       also occur at the pier entrance,
               use controls, and power to establish     hance local economic conditions.         known as the Head House, which is
               user charges, such as landing fees,      The project is under construction,       listed on the National Register of
               docking fees, and tolls.                 and when completed will include a        Historic Places, and will be con-
                                                        renovated fresh fish processing pier,    verted to a visitors' center.
               The port authority charter authorizes    office space, and leased retail space
               Massport to engage in mixed-use          for lobster dealers and other mer-
               development. Currently, Massport         chants.
               has two major proposals in the                 I
               South Boston harbor area.
                                                                                                 ,@J @N-
                                                       U
               Development Proposals
               Urban waterfront redevelopment al-
               ready has occurred in Boston Har-
               bor, including the nearby Fanueil
               Hall/Quincy Market complex and
               the Waterfront Park. The emphasis
               there and in the adjacent neighbor-
               hood is on commercial and resi-
               dential use. The more industrialized
               areas of the waterfront have, until                                                   71D
               recently, been overlooked.

                                                        The Quincy Market in Boston-a successful retail enterprise on
                                                        the waterfront that many cities seek to emulate.

                                                                                                                                      25

                                                                                                                     Plans include docking facilities for
                                                                                                                     charter fishing boats, water taxi
                                                                                                                     service, and excursion boats to
                                                                                                                     nearby ports. Plans for the interior
      IU

           . . . . . . . . . .
                                                                                                                     call for a center where various
                         -7;
                                                                                                                     high-technology industries (elec-
                                                                                                                     tronics, data processing, transporta-
                                                                                                                     tion, and navigational instruments,
                                                                                                                     for example) would operate a year-
                                                                                                           __T'4R    round trade mart for sales, service,
                                               Qv h
                                                                                                                     and information exchange. Other
                                                                                                                     uses include restaurants and retail
                                                                                                                     commercial space, as well as 1400
                                                                                                                     parking spaces on the pier's lower
                                                                                                                     level. Total estimated cost is $50
                                                                                                                     million.

                                                                                                                     The significance of this project is
                                                                                                                     that the development is being done
                                                                                           .1                        by a state port authority using its
                                                                                                                     own funds to encourage other public
                                                                                                                     and private investment capital.
                                                                                                                     Massport hopes to prove that obso-
                                                                                                                     lete port facilities can be rejuvenated
                                                                                                                     and integrated into the general
                                                                                                                     community as publicly-used com-
                                                                                                                     mercial and recreational areas.

                                                                                                                       ontact:
                                            4W                                                                       Massachusetts Port Authority
                     Qunicy  Market in the right foreground,.Boston's harbor                                         99 High Street
                     stretches out in the background. Pier Five and the                                              Boston, Mass. 02110
                     Boston Fish Pier are located in the area to the right                                           (617) 482-2930
                     of the photograph.
                                                                                                                     References:
                                                                                                                     Commonwealth Pier Five Study
                                                                                                                     Massport, 1979.

                                                                                                                     Hershman, Marc, et al. Under New
                                                                                                                     Management-Port Growth and
                                                                                                                     Emerging Coastal Management Pro-
                                                                                                                     grams. Washington Sea Grant Pub-
                                                                                                                     lication, University of Washington,
                                                                                                                     Seattle, Wash. 1979
                                                                                                           -'a

                     26

                Private (Profit-making)                   The procedure for establishing such       The use of private development
                Development Corporation                   a corporation will vary somewhat          corporations in the planning and
                                                          from community to community, de-          implementation of large-scale de-
                Special private development corpo-        pending on existing statutes, but it is   velopments can be controversial,
                rations have been used in many            likely that legal authority must be       because some interests may feel that
                cities to expedite urban redevelop-       granted to the local government           this allows too much control by pri-
                ment projects. The intent is to pro-      through special enabling legislation.     vate interests in projects that affect
                vide developers with the legal            Missouri, for example, used its           the whole community. Such difficul-
                means of implementing all phases of       Urban Corporation Law (Chapter            ties can be overcome by making
                revitalization proposals by granting      353 Missouri Code) at Crown Cen-          these private ventures part of a for-
                them powers normally assumed by           ter in Kansas City and various loca-      mal public review process, where
                local governments. Typically, private     tions in St. Louis to encourage pri-      opinion can be solicited from a
                corporations of this sort control plan    vate investment in urban rede-            broad range of interests.
                preparation, land acquisition (in-        velopment. Once the legal basis is
                cluding acquisition by eminent do-        achieved, a special development           There are several private develop-
                main in some cases), clearance, and       corporation can be formed between         ment corporations currently en-
                site improvement. All actions are                                                   gaged in urban waterfront rede-
                subject to supervision and approval       private developers and financial          velopment. These include:
                by the local government.                  interests as a profit-making entity.
                                                          The area or district is then defined,'    0 Retail commercial development in
                The assumption is that a private          and the private development corpo-          Baltimore's Inner Harbor-Rouse
                group, operating outside the tradi-       ration can begin action as a rede-          Co., Columbia, Md.
                tional urban renewal process, may         velopment agency. Planning studies        o Housing projects at Freemason
                be able to manage a redevelopment         are done, public opinion is solicited,      Harbour in Norfolk, Va. - 0. T.
                project more smoothly, and will           designs finished, and financing ac-         Carr Co., Washington, D.C.
                have greater flexibility in acquiring     quired. The final proposal is then        0 Crown Center, Kansas City,
                the necessary capital than would a        reviewed by government agencies             Mo. -Crown Center Redevelop-
                public development agency.                and public hearings are held.               ment Corporation, Kansas City.
                                                                                                    0 Laclede's Landing, St. Louis,
                                                                                                      Mo.-Laclede's Land Rede-
                                                                                                      velopment Corporation, St. Louis.

                                                                                 @ A.T*
                                                             mmA

                                                                       NOAA

                                                                                                                                         27

          Chapter III
          Zoning and Districting

                                                   AA

                         ,;*arm=

         28

                The traditional use of waterfronts           Zoning                                        Chicago, Hoboken, N.J., Portland,
                has been for shipping, manufactur-           Waterfront Zones                              Me., and Plymouth, Mass., all have
                ing, and associated land-based               A city agency or developer with a             taken one or more of these ap-
                transportation and storage facilities.       mixed-use waterfront project in               proaches to waterfront redevelop-
                Many older waterfronts are no                mind is often deterred by an obso-            ment.
                longer used as intensively for such          lete or restrictive zoning code. Some
                activities. Communities are realizing        cities are taking measures to change          Chicago Lakefront Plan
                the potential of the vacant lots,            this pattern and are zoning their             The first city to recognize the wa-
                abandoned buildings, and de-                 waterfronts as unique areas able to           terfront as a unique and special
                teriorating piers for a variety of uses,     accommodate a variety of creative             place was Chicago. In 1901, Daniel
                including different types of man-            and compatible uses.                          Burnham, in his Plan for Chicago,
                ufacturing, retail and commercial                                                          placed waterfront enhancement
                operations, marinas, museums,                There are several approaches to               foremost in the planning effort.
                parks, and promenades. The prob-             recognizing the waterfront as a               Today, 24 miles of the city's W-mile
                lem comes in attempting to fit to-           unique area of the city that requires         shoreline is publicly owned.
                day's multiple use developments              special treatment:
                into yesterday's buildings, codes,                                                         The most recent Lakefront Plan,
                and zoning categories.                       0 designating a special waterfront            adopted in 1974, divides the
                                                             planning area and recognizing it as           shoreline into several general zones.
                A number of coastal and riverine             such in the city or town master plan,         A "water zone" extends from the
                communities are coming to grips              0 adopting a waterfront zone as part          shoreline to approximately the 25-
                with this problem by using special           of the existing zoning ordinance,             foot depth line in Lake Michigan;
                purpose zones and districts. These           0 developing criteria and perform-            here is where many improvements
                alternative tools provide local gov-         ance standards that pertain to wa-            are allowed. The "park zone" varies
                ernments with the legal authority for                                                      from a mile wide to a very narrow
                innovative land use controls. Such           terfronts.                                    area and consists of the individual
                authority can encourage waterfront           It makes a substantive difference      to     parks"that comprise the present and
                redevelopment, when simple re-               include the waterfront area in an             future public park area within the
                zoning of waterfront parcels is not          adopted master plan, because it               city limits. The "community zone" is
                enough to accommodate special re-                                                          comprise
                                                             provides legal standing as part of a                    d of the private and public
                quirements of waterfront activities,         standard zoning ordinance.                    lands adjacent to the lake, most of
                such as mixed-use commercial de-                                                           which are in residental use. Four-
                velopments, historic preservation,           Calling attention to the waterfront           teen basic policies are set forth,
                and recreation. In addition, conven-         through special area plans is an im-          most of which center around and
                tional zoning often fails to provide         portant first step. Even without a            reinforce the park-like, aesthetic,
                the essential flexibility required to        site-specific zoning designation, the         and recreational aspects of the lake-
                respond to the changing market               goals and objectives articulated in a         front:
                conditions that occur as areas be-           special area plan can be the basis for
                come redeveloped.                            community action.
                This part of the guide describes sev-                                         --------                V-177
                                                                                                  Mw,
                eral innovative districting and zoning
                techniques. The purpose is to show           z                                                       5
                how communities can employ alter-
                native approaches to land-use plan-
                ning. The examples listed here do
                                                                          01,
                not represent all techniques, but
                provide an overview of what has
                been done in several waterfront
                communities.

                Chicago's lakefront.

                                                                                                                                                   29

                   0 Complete the publicly owned and
                   locally-controlled park system along    -Eo
                   the entire Chicago lakefront.
                   0 Maintain and enhance the      pre-
                   dominantly landscaped, spacious,
                   and continuous character of    the      Z
                   lakeshore parks.
                   0 Continue to improve the water
                   quality and ecological balance of
                   Lake Michigan.
                                                                                                         tar T79
                     Preserve the cultural, historical,                                     jolt  @J!
                   :nd recreational heritage of the          OF
                   lakeshore parks.
                                                                                  ! ; 07,
                     Maintain and improve the, formal                                                                                            all
                   character and open water vista of
                   Grant Park with no new above
                                                                                              7,
                   9
                    round structures permitted.                                                                         r "T   ft IN s@
                     Increase the diversity of recrea-
                                                                                               4L
                   tional opportunities while em-
                   phasizing lake-oriented leisure   time
                   activities.
                   0 Protect and develop natural
                   lakeshore  park and water areas for
                   wildlife habitation.
                   � Increase personal safety.
                                                                                                                                4,
                   � Design all take edge and lake con-
                   struction to prevent erosion.
                   0 Ensure a harmonious relationship
                   between the lakeshore parks and the
                   community edge, but in no instance
                   will further private development be
                   permitted east of Lake Shore Drive.
                   0 Improve access to the lakeshore
                   parks and reduce through -vehicular                                                 "All
                   traffic on secondary park roads.
                     Strengthen the parkway charac-
                   teristics of Lake Shore Drive and         The Statue of Liberty in New York Harbor, as seen from the New Jersey shore. Liberty
                   prohibit any roadway of expressway        State Park will reclaim some of the abandoned waterfront area for a major new public
                   standards.                                facility near New York.
                   0 Ensure that all port, water supply,
                   and public facilities are designed to
                   enhance lakefront character.
                   0 Coordinate all public and   private   -t@
                   development within the water, park,                -7,
                                                             UWA.-
                   and community zones.

                   *These goals are extracted from City Plan-
                   ning Commission, The Lakefront Plan,
                   1974.

                                                             The Liberty Harbor area near Jersey City, Abandoned waterfront at Jersey City, N.J.
                                                             N.J., with the famed statute at center, top.

                   30

                                                            Hoboken, New Jersey                         0 The waterfront should be beauti-
                                                            Hoboken, with assistance from the           ful. When this happens the full po-
                                                            Department of Housing and Urban             tential of the waterfront will be
                                                            Development, spent two years                realized. Attractive use of land in-
                                                            studying and planning for its wa-           creases the values of surrounding
                                                            terfront. The resulting report rec-         properties and improves the repUta-
                                                            ommended that an Urban Wa-                  tion of the city as a whole. The wa-
                                                            terfront Planning Control System         be terfront should be viewed as one of
                                                            established and that the waterfront         the finest amenities in a municipal-
                                                            be divided into zones similar to            ity.
                                                            those used in Chicago:                      9 Housing should not be placed
                                                                                                        close to the water.
                                                            A Water Zone-Extending from the
                                                                                                        0 Maintenance is one of the most
                                                            shoreline property to the pier head
                                                            line, a possible area for future filling    important features in any waterfront
                                                            in. Controls over this area would           plan. Maintenance methods should
                                                            protect other water and land uses.          be required as part of a facility prior
             W-4
                                                            A Park/ Commercial/Research                 to approval.
                                                            Zone-This zone would allow for              Contact:
                                                            uses compatible with a park setting         Fred Bado
                                                            while encouraging multiple uses of
                                                                                                        Community Development Agency
                                                            the land. Access for the public to the      84 Washington Street
                                                            river's edge would be a basic re-           Hoboken, N.J. 07030
                                                            quirement in this zone.
                                                            A Community Zone-This area                  Portland, Maine
                                                            should include all of the sections not      In 1975, Portland, with assistance
                                                            mentioned in the Park and Water             from a National Endowment for the
                                                            Zones. It would control develop-            Arts grant, undertook a waterfront
                                                            ment that could degrade the wa-             improvement program. Along with
                                                            terfront area.                              proposals for transportation and
                                                                                                        publicly-funded improvements such
                                                            The report recommended the foi-             as fish processing facilities, the city's
                                                            ]owing:                                     planning department recommended
                                                            0 Special attention should be given         the creation of a special waterfront
                                                            to underused and unsightly areas of         zone designed for greater flexibility
                                                            the waterfront.                             of uses than is currently allowed.
                                                                                                        The special zone could include a va-
                                                            0 Consi ration should be given to           riety of specified uses such as ship-
                                                            filling certain portions of the wa-         yards, restaurants, seafood plants,
                                                            tertront in order to create additional      and museums.
                                                            space.
                                                            *Waterfront recreational facilities         Contact:
                                                                                                        Brian Nickerson
                                                            should be added wherever possible.
                                                                                                        Planning Department
                                                            0 Where feasible, community
                                                                                                        Portland, Me.04103
                                  A   @J
                                     ,i !, - `VY
                                                            facilities should be placed on the
             CE                                                                                         (207) 775-5451
                                                            waterfront; it is a natural congregat-
                                                            ing spot.
                         .. .. . ................... .. . . 0 Planning review and permits must
                                                            make certain that private facilities
                                                            provide for some areas of public ac-
                                                            cess.

               Along the Hudson  River near Edgewater,
               N.J.

                                                                                                                                                31

                   Plymouth, Massachusetts                   Contact:
                   Plymouth enacted a waterfront             City of Plymouth
                   zoning bylaw in 1973, which creates       Planning Department                                   Case Study
                   a waterfront district as part of the      11 Lincoln Street
                   project design review procedure.          Plymouth, Mass. 02360                     Maumee Rivei*ont
                   (See appendix F for the entire ordi-      (617) 747-1620
                   nance.)                                                                             The Maumee Riverfront Overlay
                   The waterfront district is design d to    Overlay Zoning                            District (MR-O) was incorporated
                   encourage the development of ma-          The use of "overlay   ... .. floating," or into the Toledo Municipal Code in
                   rine, historic, and tourist uses along    interim zones sidesteps the static        1979 (see appendix G). In general,
                   Plymouth's central waterfront. The        nature of traditional zoning fixed to     the special zoning classification will
                   zoning bylaw established three            particular tracts of land. Instead,       be used to provide public amenities
                   categories: allowed waterfront land       overlay zones "float" over the            and facilitate development of a wide
                                                             community and are placed in spe-          variety of compatible land uses
                   uses; special permit uses, which          ci
                   must meet specified environmental          'fic locations when and where they       along the riverfront. Specifically, the
                   design conditions and review proce-       are deemed most appropriate by the        ordinance calls for increased public
                   dures; and prohibited uses.               local government. An overlay zone         access to the water, improved scenic
                                                             may contain regulatory provisions         and aesthetic controls, improved
                   The intent of the special permit uses     concerning use, height, and bulk as       transportation, and better coordina-
                   is to require for certain types of de-    in a standard zoning ordinance, or it     tion of recreational, commercial,
                   velopment the coordination of site        may have unique features that are         and industrial land uses. In addition,
                   plans, pedestrian circulation, and        incorporated into the language of         several locations are identified as
                   compatibility with the adjacent his-      the ordinance for a specific purpose,     prime residential, park, and water-
                   toric area. Allowed waterfront land       such as an industrial park or             oriented recreation sites. These
                   uses include boat sales, service,         mixed-use commercial develop-             areas are to have a "superior level
                   rentals, ramps and docks; commer-         ment.                                     of public access, convenience,
                   cial sightseeing or ferrying; marine      Overlay zones can also be used as a       comfort, and amenity."
                   railways, repair yards, storage yards,    type of interim development control.      Background
                   marine supply outlets; and commer-        This technique is often applied by
                   cial fishing and seafood wholesale or                                               After the completion of the Great
                   retail outlets and related outlets.       local governments in undeveloped          Lakes-St. Lawrence Seaway System
                   Special permit uses include restau-       areas of a community that are re-         in 1959, ports on the Great Lakes,
                   rants, recreation, motel, specialty       ceiving intense pressure for new          such as Toledo, came to play a
                   shopping, and similar compatible          construction, or where redevelop-         major role in the nation's wa-
                   facilities that complement and            ment is already occuring at a rapid       terborne transportation system.
                   strengthen the function of the wa-        rate. In these cases, a temporary         There was a substantial increase in
                   terfront area, and multi-family        and zoning jurisdiction is established that  the number and size of vessels call-
                   single-family attached dwellings.         freezes existing land uses and pro-       ing on the ports, and demands in-
                                                             hibits further development until a        creased on waterfront sites for con-
                   Special permit uses are subject to        new strategy or revised zoning ordi-      tainer facilities, warehouses, proc-
                   review by the board of appeals, the       nance can be implemented. The             essing plants, and transportation
                   planning board, and the design re-        overlay zone allows the local com-        links.
                   view board. The administration of         munity additional time to assess the
                   the environmental design conditions       implications of newly proposed de-        In Toledo, this expansion began to
                   may involve, in addition to these         velopments.                               cause conflicts with other waterfront
                   three boards, the building inspector,     Unless created and implemented            activities, such as pleasure boating
                   conservation commission, town en-                                                   and other types of recreation. It also
                   gineer, public safety commission,         properly and cautiously, overlay          began to cause adverse impacts
                   board of water commissioners, and         zoning ordinances are in danger of        from dredging and filling for harbor
                   board of sewer commissioners. De-         being struck down as being beyond         improvements. Through the 1960s
                   tailed site plans, and plans showing      the legal authority of local govern-      and early '70s, dredging, loss of
                   the relationship to adjacent prop-        ments, depending on state enabling        wildlife habitat, and lack of public
                   erties, must be submitted for review.     laws. An overlay zone has been suc-       access to the waterfront became im-
                   General and, specific conditions and      cessfully implemented in Toledo,          portant issues in the community.
                   standards upon which plans will be        Ohio.
                   reviewed are defined in the zoning
                   bylaw.

                   M

               Overlay District Toledo, Ohio
               In 1975, citizens and planners took         The current overall planning effort         Results
               the first steps toward creating a bet-      in Toledo is to "provide a detailed         During 1978, the special overlay
               ter balance among land uses along           analysis of the urban waterfront            zone was successful in increasing
               Toledo's waterfront. A study pre-           coastal area in terms of suitability        public control over much of the de-
               pared by the city's Department of           and capability for various types of         velopment along the riverfront. The
               Natural Resources, "Toledo Looks            land uses and activities." Emphasis         existence of the overlay zone, and
               to the River," outlined an ambitious        will be on determining the potential        the associated site plan review pro-
               program for riverfront parks and as-        for water-oriented commercial, in-          cedure, gave local officials a tool
               sociated mixed-use development.             dustrial, residential, and recreational     that has been used to encourage de-
               Since then, the study has come to           development.                                sign quality and increase the amount
               be viewed as somewhat unrealistic,                                                      of public access included in private
               but its broad goal of a balanced            The role of the special interim zone        developments.
               multiple-use waterfront has pubjic          in this process is two-fold. First, it
               support.                                    acts as a measure that protects the         Contact:
                                                           existing properties within the dis-         Toledo/Lucas County Planning
               Impetus for the overlay zoning              trict's boundaries from conversion to         Commission
               began in 1977 when two major de-            land uses that are inconsistent with        415 North St. Clair Street
               velopments were proposed for the            the city's goals for the waterfront         Toledo, Ohio 43604
               riverfront area that dramatized To-         district. Second, the ordinance pro-        (419) 247-6287
               ledo's problems of conflicting wa-          vides a mechanism by which specific
               terfront land uses. The first called for    land use regulations and provisions         References:
               construction of a bulk cargo facility       can be included in the redevelop-           Toledo Looks to the River, City of
               near an established residential             ment of the Maumee riverfront.              Toledo, Department of Natural Re-
               neighborhood on the river. The sec-                                                     sources, 1975.
               ond was a master plan for revitaliza-       The shared (multiple-use) portions          "Land Use Planning for the Toledo
               tion of the central business district       of the district encourage coordina-
               that included substantial new public        tion of all types of land uses. De-         Harbor Area," Barry F. Hersh and
               open space along the riverfront.            velopments in the Maumee River              David Hanselman, Toledo/Lucas
               These developments vividly illus-           Overlay District are to be designed         County Planning Commission,
               trated the problem of land use con-         with an "open character" allowing           1978.
               flicts, and the increased public sup-       views to the riverfront and providing
               port for additional planning and land       pedestrian circulation.
               use control in the area.                    A permanent management plan will
               As a result, the Toledo-Lucas               be created for the area, so that deci-
               County planning commission passed           sions about land use patterns, own-
               the Maumee Riverfront Overlay               ership, public access, and multiple
               District Ordinance. This zoning             use in the district will be based on a
               measure was designed to increase            publicly-adopted plan.
               public control over land use deci-
               sions within the district until a re-
               vised zoning ordinance could be de-
               veloped and basic decisions made
               about what the community wanted
               to see along the river.

                                                                                                                                             33

                    Incentive Zoning                            Incentive zoning has been widely
                    Incentive zoning is a method fre-           used in cities throughout the nation.       KA
                    quently used to overcome the strict         San Francisco offers a 20 percent                       Case Study
                    site regulations and separation of          density increase in exchange for di-
                    land uses characteristic of conven-         rect access to a transit platform. New      SMem,
                    tional zoning. Its primary purpose is       York City offers bonuses for a van-
                    to prevent zoning from stifling in-         ety of public amenities, including          Massachusefts
                    novative land uses and creative             provision for a legitimate theatre as       Salem's urban waterfront program
                    urban design. Zoning incentives may         part of a new office building in the        developed from the city's long in-
                    be applied in a variety of ways, but        Broadway Special District. Ar-              volvement in urban revitalization.
                    in nearly all cases they are used as a      lington, Va., and Prince Georges
                    means of securing public benefits in        County, Md., have used incentive            Presently, there are two main wa-
                    exchange for some sort of design            zoning for many years to control de-        terfront revitalization projects. The
                    concession given to a developer.            velopment.                                  first is Pickering Wharf, a 4.7-acre,
                                                                                                            mixed-use development incor-
                    The most common type of incentive           The use of incentive zoning in-             porating residential, commercial,
                    is known as "bonus zoning." In this         creases flexibility, but only to the        and recreational facilities with public
                    procedure, additional densities or          degree stipulated in the zoning code.       access to the waterfront. Second is
                    increased floor areas, beyond those         The amount of private incentives            Nathaniel Bowditch Park, a proposal
                    specified in the local zoning ordi-         and public benefits available for           that will link six community eco-
                    nance, are given in exchange for            bargaining must be clearly estab-           nomic development projects with a
                    some type of public benefit, such as        lished in the local zoning ordinance     '  mixed-use recreational, commercial,
                    dedication of open space or provi-          providing a fixed amount of poten-          and educational facility. These proj-
                    sion for public access.                     tial trade-off. Table 1 lists examples      ects, combined with the existing
                                                                of public benefits and private incen-       Salem National Maritime Historic
                                                                tives that often are used as trade-         Site, comprise about six percent of
                                                                offs in incentive zoning.                   Salem's urban waterfront, and pro-
                                                                                                            vide the public with major new
                                                                                                            vantage points for enjoying Salem's
                                                                                                            harbor.
                       Table I                                                                              Pickering Wharf
                       Types of Benefits and Incentives
                                                                                                            Pickering Wharf is directly adjacent
                       Public Benefits                           Incentives                                 to the National Maritime Historic
                                                                                                            Site being developed by the De-
                                                                                                            partment of the Interior. The site
                       � Parkland                                0 Increased floor area ratio (of           consisted of eleven abandoned oil
                       � Preservation of                         building capacity to lot size)             storage tanks, a one-story block
                       historic structures                       0 Increased residential                    storage building in poor condition,
                       � Waterfront access                       units per acre                             and 1,000 feet of deteriorating
                                                                 0 Street improvements                      bulkhead. The wharf had been used
                       � Open space/special                                                                 for administrative purposes since
                       landscaping                               0 Unit size increases/                     1974, when an oil distribution cen-
                         Fees in lieu of dedication              additional use types                       ter was abandoned.
                    References:                                                                             The Pickering Wharf redevelopment
                    Innovative Zoning: A Local Official's Guidebook, U.S. Department of Housing and Urban   and planning process began in
                    Development, Office of Policy Development and Research. Washington, D.C. 1977.          1974, when the Pickering Oil and
                    Meshenberg, Michael J.. "The Administration of Flexible Zoning Techniques," American    Heating Company petitioned the
                    Society of Planning Officials. 1976.                                                    city to construct a new oil distribu-
                                                                                                            tion facility one-half mile from the
                                                                                                            present site. The city, through the
                                                                                                            city solicitor and the planning de-
                                                                                                            partment, began negotiations with
                                                                                                            the oil company to utilize its old site
                                                                                                            for a mixed-use redevelopment. Be-
                                                                                                            cause the oil company needed a city

                    34

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                                                            -7
               Pickering Wharf, a redeveloped section of the Salem, Mass., waterfront.

               permit to move its storage    facilities
               the city was able to negotiate a
               trade-off, granting a change in zon-
               ing for an option on the waterfront
               site.

               An agreement was reached between
               the city and Pickering Oil in which
                                                                                                                ALM,.        ......... ..
               the city was given an option to buy                                             Mai 1    .10-
               the old property and resell it to a                                                              10
               private developer. The sale price of
               the land was set at one-half the ap-
               praised value with the oil company
                                                                                                                  T1,71
               paying for the appraisal. The Pick-
                                                                                           U
               ering Oil Company also donated
               $25,000 for the appraisal, a soil test,
               and a development prospectus out-
               lining four alternatives for potential
                                                                                                    P@
               developers. The city's initial intent
               was to develop the site as a hotel        Salem, Mass., officials hope to be able to redevelop this section
               mixed-use complex, but market             of waterfront, combining continued industrial use with a park
               analysis suggested this approach          and public walkways.
               was questionable.

                                                                                                                                        35

                                                                                                                  Water or Harbor Area
                                                                                                                  Management Zones
                                                                                                                  Water use management has not re-
                                                                                                                  ceived from any level of government
                     On May 29, 1976 the city entered              The site consists of a 45-slip marina,         the kind of study and regulation that
                     into an agreement with a develop-             54 condominiums ranging in price               has been bestowed on land, despite
                     ment group consisting of Heritage             from $60,000 to $125,000, four                 the widespread and often conflicting
                     Trust, the Salem Five Cent Savings            restaurants, 2,000 square feet of of-          uses taking place. Just as on land,
                     Bank, and local enterprises to de-            fice space, and 70,000 square feet             commercial, industrial, recreational,
                     velop the site as a multi-use com-            of commercial space. The project is            transportation, and occasionally
                     mercial zone. Construction began              expected to cost $6 million when               even residential uses vie for limited
                     early in 1977 and by the end of               completed. One major feature of the            space in harbors. A mix of local,
                     1979, 90 percent of the project had           project is the provision of over               state, and federal controls are exer-
                     been completed.                               1,000 feet of public access along the          cised, sometimes with conflicting
                                                                   water's edge, an extensive addition            objectives.
                     The incentives that the city used in          to the city's shoreside accessibility.
                     its negotiations with the oil company         A village atmosphere has been                  Navigational requirements, water
                     and the private developers included:          created by requiring landscaped                quality regulations pertaining to
                     1. Pickering Oil Company received a           walkways, low profile buildings near           boats, and speed limitations are
                     re-zoning of its new facility in ex-          the water's edge, and design scale             typical of the current methods of
                     change for an option from the city to         that is compatible with the sur-               control. These powers usually apply
                     purchase the property at a favorable          rounding neighborhood.                         statewide and therefore do not focus
                                                                                                                  on the particular problems and po-
                     rate and turn around and sell it to a         Contact:                                       tential of a specific harbor setting.
                     private developer,                            Salem Planning Department
                     2. The city required that the de-             One Salem Green                                Comprehensive management sys-
                     veloper include certain provisions in         Salem, Massachusetts 01970                     tems for water areas are nonexist-
                     the development, such as public ac-           (617) 744-4580                                 ent, although interest is being gen-
                     cess to the waterfront for the entire                                                        erated in the topic. Some of the al-
                     site, and architectural and street de-        References:                                    ternatives f6r managing the surface
                     sign requirements that would blend            History of Pickering Wharf                     water zones include:
                     into the maritime character of the            Salem Planning Department, 1976                Fixed-area zoning restricts uses
                     area.                                         Nathanial Bowditch Park Plan                   to specified areas. Some examples
                     In addition, density zoning was pro-          Salem Planning Department, 1976                include restricting swimming to an
                     vided so the developer could create                                                          area within 200 feet of the shore
                     a village atmosphere instead of the                                                          (boats would be prohibited from this
                     traditional zoning approach in this           In the background at Salem, Mass., historic    area except for slow ingress and
                     area of the city.                             houses overlook the renewed waterfront. A      egress) and restricting water skiing
                                                                   view of the Pickering Wharf area of shops
                                                                   and restaurants.                               or surfing to specified areas. Buoys
                                                                                                                  can also be used to mark swimming
                                                                                                                  areas, surfing areas, traffic lanes,
                                                                                                                  pier fishing areas, or water skiing
                                                                                                                  courses. Areas may be designated
                                                                                                                  by general description, by maps, by
                                                                                                                  signs, or by buoys.
                                                                                                                  Time-area zoning is a kind of fixed
                                                                                                                  area zoning where particular uses
                                                                                                                  are prohibited in certain areas at
                                                                                                                  specific times. For example, to avoid
                                                                                                                  conflicts with fishing, water skiing or
                                                                                                                  surfing might be prohibited in early
                                                                                                                  morning and late evening hours.
                                                                                    Qt                            Separation-distance zoning estab-
                                                                                                                  lishes a buffer area between uses
                                                                                                                  similar to that now in place in mer-
                                                                                                                  chant shipping lanes. Such zoning
                                                                                                                  could, for example, separate moving
                                                                                                                  boats from anchored or trolling
                                                                                                                  fishing boats to avoid interference or
                                                                                                                  wake impact.

                     36

         Disbicting                                  Special Development                        The focus in federally funded urban
         Special Districts                           Districts                                  redevelopment has shifted from
         Special districts are sub-units of local    In recent years, the concept of spe-       wholesale bulldozing to spot clear-
         government that are created to pro-         cial districting has been expanded to      ance and restoration. Special dis-
         vide goods or services to a particular      address specific goals of local gov-       tricts, however, remain a viable con-
         area within a community. They are           ernments: improving social and             cept, and variations of this proce-
         usually formed when the needs of            economic conditions, preserving the        dure have been implemented by
         an area cannot be met sufficiently          character of historic areas, or im-        local communities throughout the
         by the standard type of municipal           proving the business climate for new       nation.
         government. Special districts have          private investment. Special de-            In most cases, economic rede-
         specific, geographically defined            velopment districts operate much
         boundaries, and the powers given to         like special service districts in that     velopment districts are established
         the appointed or elected officials of       they have clearly delineated bound-        by a local ordinance on the basis of
         the district apply only within those        aries and may retain governmental          recommendations from the city
         boundaries. Prior to implementa-            powers. These districts are tied more      planning office, a local planning
         tion, state enabling legislation is         directly to community redevelop-           commission, or a special study
         usually required to grant local gov-        ment issues, however, and could            group. Specific boundaries for the
         ernments the power to create special        apply in a variety of ways to urban        district are delineated, and an over-
         districts. This establishes a legal         waterfront revitalization.                 all development program is created.
         basis for action by the municipality.                                                  This may include a variety of public
                                                     In addition to having a broader pur-       and private projects for commercial,
         There are many types of special dis-        pose, special development districts        residential, industrial, and recrea-
         tricts. Some are formed to provide          differ from service districts in that      tional development.
         essential utilities, such as water and      they often have more extensive
         electricity, others to protect the pub-     governmental powers, such as erni-         The primary advantage of economic
         lic interest in land allocation deci-       nent domain, urban renewal au-             redevelopment districts is that they
         sions and the design of the urban           thority, taxation powers, and con-         allow local governments to obtain
         landscapes. In general, special dis-        trols over planning, management,           more extensive powers over land
         tricts can be divided into two              and urban design.                          use in the district, including con-
         categories: special service districts                                                  demnation, special zoning, and de-
         and special development districts.          Three major types of special de-           sign standards. In addition, the spe-
                                                     velopment districts are economic     re-   cial district creates a planning
         Special Service Districts                   development, historic preservation,        mechanism that can be integrated
         For many years, local governments           and mixed-use.                             more easily with other tools and
                                                                                                techniques of redevelopment, such
         used this tool to provide a variety of      Economic Redevelopment                     as tax deferrals, tax increment
         public services, including Water,           Districts                                  financing, and less-than-fee-simple
         sewer, fire protection, hospitals, and      This technique involves the creation       land acquisition.
         sanitation. These districts are iden-       of special districts in deteriorated
         tified by distinct boundaries and           areas of local communities for the         The Special South Street Seaport
         have varying levels of political au-        specific purpose of economic rede-         District along New York City's
         tonomy. Some districts have broad           velopment. The concept originated          Lower Manhattan waterfront pro-
         powers within their jurisdictions, in-      during the "urban renewal" era of          vides an example of a special district
         cluding the authority to establish          the 1950s and '60s when "model             that has economic redevelopment of
         user rates, issue bonds, and levy           cities" programs and housing               an urban waterfront as one of its
         taxes. Others may serve only to pro-        oriented urban renewal districts           chief goals.
         vide a service to a specific area, such     were present in nearly every major
         as a fire district.                         city in the United States. Under
         Service districts have had a pro-           these programs, certain areas within
         nounced influence on waterfront             a municipality were designated as
         projects, especially in cases where         urban renewal districts. The land in
         the provision of public utilities pre-      these districts was then condemned,
         sents an unusual problem for de-            cleared, and new buildings were
         velopers, either for financial or           constructed under an assortment of
         physical reasons.                           federal grant and loan programs.

                                                                                                                                       37

                     KA           Case Study
                     Special Soudi Street Seaport District: New York City
                     South Street Seaport is a mixed-use             Gradually, new technologies de-
                     commercial/historical area located              veloped that transferred shipping to
                     immediately south of the Brooklyn               other waterways, such as the Hud-
                     Bridge along Manhattan's East River             son River, and allowed construction                      I
                     waterfront. In December 1973, the               of the giant office buildings which
                     special district boundaries were es-            now characterize Lower Manhat-
                     tablished from Pier 15 northeast to             tan's skyline. The East River docks
                     Peck Slip, and inland to Water and              fell into a slow decline, and with the
                     Pearl Streets. The district was de-             advent of containerization in the
                     signed to implement the Brooklyn                1950s, pier activity virtually came to
                     Bridge Southeast Urban Renewal                  a standstill in Lower Manhattan.
                     Plan, part of a broader proposal of
                     Lower Manhattan waterfront de-                  In the early 1960s, a private group
                     velopment. This plan covers a large             formed that was interested in pres-            - Ow-,
                     portion of the riverfront from Bat-             ervation of several historic structures        JP=
                     tery Park at the tip of Manhattan               located near Pier 16 at the foot of
                     north to the Manhattan Bridge, a'nd             Fulton Street. By 1967, the group
                     includes a variety of measures for              was successful in creating the South
                     residential, commercial, and recrea-            Street Seaport Museum, a private,
                     tional development.                             non-profit corporation officially
                                                                     controlled by New York University.             South Street Seaport Museum, near Wall
                     The primary purpose of the Special              The following year, the area was in-           Street in New York City.
                     South Street Seaport District is to             cluded in the Brooklyn Bridge
                     encourage the preservation, restora-            Southeast Urban Renewal         Area, an       Economic Development
                     tion, and in certain cases rede-                unassisted urban renewal district
                     velopment of properties and build-              created by the city. Since that time,          Although the district was not created
                     ings in the Brooklyn Bridge South-              the Seaport has expanded to a                  solely for economic development
                     east Urban Renewal Area into a                  membership of over 10,000 and the              purp6ses, improving economic con-
                     South Street Seaport Museum. Such               area is listed on the National Regis-          ditions, along with historic preserva-
                     a "museum," which is an area of                 ter of Historic Places.                        tion and recreational and cultural
                     the city rather than a building-per                                                            activities, are high priority goals for
                     se, has special cultural, recreational,         Currently, the Special South Street            revitalization of the waterfront.
                     and retail activities.                          District, including the Seaport                Some of the specific project goals
                                                                     Museum, is engaged in many ac-                 are:
                     Background                                      tivities, including historic preserva-
                                                                     tion, recreation, and economic de-             e  Realization of the Seaport's full
                     The wharfs and piers aroulid South              velopment. Since the district is in-              economic, cultural, and historical
                     Street Seaport were the focus of                cluded as part of an umbrella-like                potential to strengthen tourism in
                     New York City's vast shipping in-               urban renewal area, it has broad                  New York City;
                     dustry during the late 19th and                 authority over land use decisions              e  Diversification of Lower Manhat-
                     much of the early 20th centuries.               made within the district and is eli-              tan's narrow economic base;
                     During this time, the city becam            .e the gible for a variety of economic as-         *Revitalization of the local
                     country's chief cargo transit point,            sistance programs.
                     and the entire area became a center                                                               neighborhood and support of its
                     of commerce and port-related busi-                                                                growth into a viable community;
                     ness activities.                                                                               e  Protection and assurance of the
                                                                                                                       future prosperity of the Fulton Fish
                                                                                                                       Market, and
                                                                                                                    *Preservation and protection of the
                                                                                                                       historic character of the district by
                                                                                                                       generating sufficient revenue to
                                                                                                                       rehabilitate its unique buildings
                                                                                                                       and support its education pro-
                                                                                                                                                        K

                                                                                                                       grams.

                     38

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              From the Brooklyn Bridge, a look at the South Street Seaport area.

              A number of projects have been              galleries, a book and chart store, a       A recent development is the
              completed at the Seaport that relate        restaurant, and other enterprises are      reopening of the Fulton Street Ferry.
              specifically to these goals, and sev-       in operation. In addition, consider-       The ferry will serve commuters and
              eral others will soon be finished.          able office space has been provided        tourists between South Street Sea-
              Piers 15 and 16 have been refur-            to adjacent properties through a           port and Fulton Ferry Landing on
              bished, and five historic vessels are       transfer of development rights             the Brooklyn side of the East River
              permanently moored there. Two               begun in 1974.                             at the base of the Brooklyn Bridge.
              museums are located in the district,
              the Seaport Museum and the State            Millions of dollars in federal, state,     Contacts:
              Maritime Museum in the Scher-               and local grants have been spent at        South Street Seaport Museum
              merhorn Row Block.                          the Seaport, including $8 million          203 Front Street
                                                          from the city's budget, $5.4 million       New York, N.Y. 10038
              The Fulton Fish Market, New York's          from the Economic Development              (212) 766-9020
              major fish market, is being improved        Administration's Federal Public
              rather than being relocated. Plans          Works Program, $5 million in Urban         Director, City of New York Office of
              call for extensive redesign of the          Development Action Grants from               Development
              production system and extensive             HUD, and $6.3 million from the             225 Broadway
              improvements to the structures,             state for the Maritime Museum. In          New York, N.Y. 10007
              piers, and mechanical systems they          the future, private investment by the      (212) 566-7441
              contain. Substantial commercial re-         Rouse Company will include more            References:
              development has already taken               than 200,000 square feet for various       Lower Manhattan Waterfront.
              place at the market, and several            retail and office purposes. The esti-      City of New York. Office of Eco-
                                                          mated cost of this project is about        nomic Development, 1975.
                                                          $60 million.
                                                                                                     South Street Seaport Redevelop-
                                                                                                     ment. City of New York.
                                                                                                     Office of Economic Development.

                                                                                                                                            39

               Transfer of Development Rights

                          Manhattan

                                 World Trade
                                 Center

                 lop,
                           Battery
                           Park
                                                  Brooki
                                                  Bridge
                             South St.

                                                                                         Seaport
                                                                                     El  Transfer District

                                                                                         Receiving Lot

                                                                                         Granting Lot

                                                                                       8Brooklyn Bridge Southeast
                                                                                         Urban Renewal Plan
                                                                                         Parcel Designation

         Transfer of Development                     to the owner. Instead, the land-           An alternative to this approach is to
         Rights                                      owner is able to recoup the eco-           allow the development rights from
         Transfer of development rights can          nomic value from the lost develop-         each preserved structure to be
         protect special sites on which de-          ment rights by selling them to a           transferred to specified properties
         velopment ill deemed inappropriate          landowner in another location,             adjacent to the site. This alternative
         by state and local governments.             where the additional development           works well when the areas to be
         Most often it has been used to pre-         rights can be *applied without signifi-    preserved are scattered and could
         serve historic buildings, agricultural      cant negative impacts.                     not be zoned easily as a single pres-
         lands, or open spaces from en-              Transfer of development rights can         ervation district. It allows greater
         croaching or undesirable                    be used in waterfront areas to pre-        control over the exact location of the
         development.                                                                           transferred development rights, and
                                                     serve structures of historic signifi-      is most useful when a local govern-
         A transfer system breaks the tradi-         cance, protect physical and visual         ment wishes to tightly control the
         tional link between a particular par-       access, and provide recreational and       placement of additional activities
         cel of land and its development po-         economic opportunities for local citi-     and people in the area.
         tential. This separation allows the         zens. The implementation of a
         development rights to be transferred        transfer system requires the clear         A transfer ordinance must clearly
         from the site to another area in the        identification of the resource to be       state the standards for designating
         community where development is              protected.                                 the preserved land, and define the
         not objectionable. The actual own-          One option is to create dual zones:        restrictions to be placed on those
         ership is not affected. Only the right      the first, a preservation district in      properties whose development
         to develop is sold. This system is          which development will be re-              rights are sold. Most ordinances re-
         seen as a more equitable land use           stricted; the second, a transfer dis-      quire a convenant attached to the
         control than traditional zoning, be-        trict where the development rights         property deed that binds future
         cause the loss of development po-           will be used.                              owners.
         tential due to governmental action
         does not result in an economic loss

         The South Street Seaport Museum area, shown in the inset in its retation to tower Man-
         hattan. Numbered parcels are those involved in the transfer of development rights that
         was instrumental in the South Street project, showing those that gained and those that
         retained their present development level.

                                                                                                                                        41

                                                                                                                                               M
                          Transfer Development Rights
                          at South Street Seaport
                                                                                         4:
                          To preserve the existing low-density
                          historic structures of the South                                                                                              .4
                          Street Seaport area without
                          penalizing land owners in the area
                          whose property contained a much
                          greater development potential      for
                          office space, the city used the    tech
                          nique known as transfer develop-
                                                                          AU
                                                                          11 @-,
                                                                         ,@M O-P
                          ment rights.
                                                                           W
                                                                           V 4
                                                                                                      a  won
                          An overall special district was estab-
                          lished where  development rights
                          above 45 feet could be transferred                                                                4
                          from individual properties to other
                          lots (within the district boundaries)
                                                                                                                                                   ,IV*
                          that could accommodate additional
                          densities. In addition, the ordinance
                                                                                                                                                  k
                          made provisions for closing several
                          of the district's streets, and included
                          the air space above the streets in the
                          total amount of development rights
                          that were sold'. Limitations were                                                                   1_4
                          placed on the total amount of de-
                          velopment rights transferred.

                          A consortium of banks, headed by
                          Chase Manhattan, purchased the
                          development rights from designated
                          granting parcels. The rights were
                          then to be sold to land owners on
                          nearby receiving parcels. A portion         Lower Manhattan as seen from Brooklyn.
                          of the rights were used to construct
                          nearby office buildings, but in 1974,
                          the development market was in a             Recently, an insurance corporation         The experience of city officials has
                          depression, and a large portion of          announced plans to construct a             shown development rights transfer
                          the development rights were not             high-rise office building a few blocks     to be a useful planning tool, effec-
                          immediately sold.                           from the Seaport District at an esti-      tive in preserving the nature of his-
                                                                      mated cost of $65 million. It plans to     toric neighborhoods. They caution,
                                                                      use a significant amount of the re-        however, that the mechanism
                                                                      maining development rights for this        should be used on a site-specific
                                                                      project.                                   basis, with the local government
                                                                      Results                                    exercising a high degree of control
                                                                                                                 over the location and amount of de-
                                                                      To date,  the transfer of development      velopment rights that are
                                                                      rights has been a successful ap-           transferred.
                                                                      proach in protecting many of the
                                                                      historic structures at South Street        References:
                                                                      Seaport. In addition, the Fulton Fish      The Future of Transferable Develop-
                                                                      Market and adjacent restaurants are        ment Rights, Environmental Com-
                                                                      functioning and many shops now             ment. Urban Land Institute. Wash-
                                                                      occupy rehabilitated buildings on          ington, D.C. 1978.
                                                                      Front and Water Streets. The state
                                                                      Maritime Museum also occupies a            Chavoosian, Bud, et al., Urban
                                                                      portion of the district.                   Land 34 (1), January 1975.
                                                                                                                 (Entire issue)

                          42

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                                                VI

                A pier near South Street used as a theatre.

                Hlstoflc Disticts                              tax incentives to owners of historic            In many cases, local preservation
                Many communities have preserved                buildings, such a designation carries           groups can guide the redevelopment
                the unique character and aesthetic             with it strict regulations governing            of the historic district. The group may
                quality of their historic areas and            the use of federal funds within the             be private non-profit, public, quasi-
                have upgraded their community's                district.                                       public, or some other arrangement.
                economy using special historic pres-                                                           Usually, the organization obtains
                ervation designations.                         Many states have provisions for es-             funds for restoration projects in the
                                                               tablishing local historic districts. Once       district, either by directly financing
                There are several common elements              such a district is created, it can make it      projects or by facilitating loans and
                in any plan for historic preservation.         easier for a state to establish a Na-           conducting fund drives. The Historic
                The first step is to decide whether to         tional Register Historic District.              Savannah Foundation in Savannah,
                establish the historic district at the         Such districts are usually set up by a          Ga., and the Historic Charleston
                federal, state, or local level.                city ordinance that designates special          Foundation in Charleston, S.C., are
                It may be possible to set up a Na-             zoning or performance standards. Tax            two successful examples of these or-
                tional Register Historic District that         incentive programs may also be in-              ganizations.
                would qualify property owners for              cluded to preserve existing structures.         Reference:
                special grants and loans from the                                                              The Contribution of Historic Preser-
                Interior Department's Heritage Con-                                                            uation to Urban Revitalization.
                servation and Recreation Service or                                                            Advisory Council on Historic Pres-
                the National Trust for Historic Pres-                                                          ervation. U.S. Government
                ervation. While the register is a val-                                                         Printing Office, Washington D.C.
                uable tool, especially in providing                                                            1976.

                                                                                                                                                       43

                   KA Case Study
                   Historic Preservation: New Bedford, Massachusetts

                   New Bedford has been committed
                   to preserving its rich maritime herit-
                   age for many years. Most of the ef-
                   fort has occurred in the historic wa-
                   terfront district, which occupies ap-
                   proximately 15 acres between the
                   central business district and the city
                   wharfs. This area was once the focus
                   of a flourishing whaling industry,
                   and in subsequent years housed
                   textile manufacturing and a variety
                   of other commercial activities.

                   There are three major aspects of the
                   historic preservation effort in the city
                   that are of importance for this guide.
                   First is the New Bedford Historic
                   District itself, which is included on
                                                                                                            All
                   the National Register of Historic
                                                district as
                   Places and is a local historic
                   well. Second is the importance of
                   p
                    ublic and private cooperation in the
                   planning and management of the dis-
                   trict. Third is the emphasis placed     on
                   combining historic preservation with
                                                              ril                   @, i,    I'll I I
                   economic revitalization in the wa-
                   terfront area.
                                                                                                                             now.%,
                   New Bedford Historic                                                           U11
                   District
                                                                                                                                4;_
                   With the passing of the whaling in-
                   dustry, New Bedford's waterfront
                   area slowly began to decline. Man-
                   ufacturing took over for 6 number of
                                                                                             M',
                   years, but it too faded under the
                   pressures of suburbanization and
                   changing technologies. By the early
                                                                                                                               Z        W",      '!E
                   1960s, the city's urban renewal
                   agency began making plans to raze
                   major sections of the historic area.

                   At this time, the Waterfront Historic      Sketching some of the charm of restored New Bedford, Mass.
                   Area League (WHALE) was formed
                   as a private, non-profit corporation to
                   help protect the historic character of
                   the waterfront. This group was a
                   spin-off of the Old Dartmouth Histori-
                   cal Society, which has operated a
                   popular Whaling Museum since 1903.

                   44

                                                           In 1963, WHALE acquired financing          Economic Development
                                                           for a survey of the historic area, and     One aspect of New Bedford's his-
                                                           three years later gained approval for      toric preservation effort is its em-
                                                           the district's inclusion on the Na-        phasis on active commercial use of
                                                           tional Register.                           the historic district. From the outset,
                                                                                                      members of the community felt
                                                           Organization                               strongly that preservation was com-
                                                           After several years it became clear        patible with existing industries, such
                                                                                                      as New Bedford's large fishing fleet.
                                                           that the economic situation in New
                                                           Bedford was not sufficient to keep
                                                                                                      The city and private groups
                                                           the historic structures occupied and
                                                                                                      launched a major revitalization pro-
                                                           properly maintained. In 1970,              gram. In 1975, public improvements
                                                           WHALE began purchasing property
                                                                                                      for streets, sidewalks, utilities, and
                                                           using a revolving fund, and soon
                               A                                                                      landscaping were begun with a
                                                           became the largest landowner in the
                                                                                                      grant from the Housing and
                                                           district. Other significant landowners
                                                                                                      Urban Development's Community
                                                           are the Old Dartmouth Historical           Development Block Grant program.
                                                                                                   rs
                                                           Society, Bedford Landing Taxpaye
                                                                                                      Since that initial investment, more
                                                           Association, and the New Bedford
                                                                                                      than $5 million in public and private
        __n
                                                           Redevelopment Authority.
                                                                                                      funds have been invested in the dis-
                                                           Together, these private and public         trict. Many structures have been re-
                                                           groups have played a guiding role in       habilitated, piers refurbished, gardens
               5"
        PKI
                                                           the redevelopment of the waterfront        planted, and a variety of commercial
                                                           historic district. In 1972 the city es-    enterprises, such as hotels, restau-
                                                           tablished an historic District Com-        rants, shops, a candlewotks, and a
                                                        2  mission to regulate structural design      glass museum have appeared.
                                                           changes. Guidelines for redevelop-
                                                           ment have been established to pro-         Improvements just underway are
                                                           vide direction for changes of build-       expected to push the private in-
                                                           ing facades and structures. In 1974,       vestment figure toward $4 million.
                                                           the Old Dartmouth Historical Soci-         Also important are the 200-plus
                                                           ety, the Taxpayer's Association, and       permanent jobs that have been
                                                           WHALE, formed a coalition named            created. Property values have in-
                                                           the "Ten'Acre Revival." The goals          creased over 40 percent since 1974.
                                                           of this organization are to influence      Contact:
                                                           planning, coordination, and eco-           New Bedford Waterfront
                                                           nomic revitalization in the New              Historic Area League (WHALE)
                                                           Bedford Historic District. Soon after      13 Centre Street
                                                           the agreement, Ten Acre began a            New Bedford, Mass. 02740
                                                           program of attracting public and pn*-      (617) 996-6912
                                                           vate investment to the district. The
                                                           organization represents 85 percent         Reference:
                                                           of the district's residents, and the       The Revolving Fund Handbook. The
                                                           group has been very successful in          Architectural Conservation Trust.
                                                           working with the New Bedford Re-           Boston, Mass. September 1979.
                                                           development Authority to change
                                                           the area.

                                                                                                                                              45

                                                                                                            e three or more significant
                                                                                                of          revenue-producing uses (such as
                   National Histodc Presemation Act                                                         retail, office, residential, hotel/motel,
                                                                                                            recreation) that are mutually sup-
                   1966                                                                                     portive in well-planned projects;
                   Since passage of the 1966 National Historic Preservation Act, a                          0 significant functional and physical
                   nationwide program of matching grants-in-aid has been established for                    integration of project components
                   preservation, acquisition, and development of National Register prop-                    (and thus a highly intensive use of
                   erties.                                                                                  land) including uninterrupted
                   Applications for grants to establish historic districts and preserve indi-               pedestrian connections; and
                   vidual historic properties must be made to each state historic preserva-                 * development in conformance with
                   tion officer, who, in turn, submits the application to the National Reg-                 a coherent plan (which frequently
                   ister of Historic Places, Heritage Conservation and Recreation Service,                  stipulates the type and scale of uses,
                   Department of the Interior, Washington, D.C. 20243. This office pub-                     permitted densities, and related
                   lishes a variety of documents to help in the application process. For a                  items).
                   complete "how to" guide that discusses all aspects of the federal pro-
                   gram and includes several case studies, consult "Historic Preservation                   One of the primary applications of
                   and Federal Projects," by Harbridge House, Inc., for the Advisory                        the mixed-use development concept
                   Council on Historic Preservation, 1522 K Street, N.W., Washington,                       has been in revitalization of inner-
                   D.C. 20005.                                                                              city areas in both large metropolitan
                                                                                                            centers and medium-sized com-
                                                                                                            munities. Its use allows coordinated,
                                                                                                            appropriately scaled, and innovative
                                                                Mixed-Use Development                       urban designs that can be used to
                                                                                                            overcome public perceptions about
                                                                Districts                                   the blighted, decaying central city.
                                                                Mixed-use development is a rela-            In addition, projects of this nature
                                                                tively new approach offering private        often have spill-over effects that en-
                                                                developers and public officials ad-         courage further redevelopment in
                                                                vantages in planning and im-                surrounding areas.
                                                                plementating revitalization propos-         Urban waterfronts are prime candi-
                                                                als. This technique marks a signifi-        dates for mixed-use development
                                                                cant change from the parcel-by-             projects because of the substantial
                                                                parcel pattern of development that          amenities offered by the waterfront
                                                                has characterized urban growth in           and the diverse nature of the ac-
                                                                American cities. Mixed-use de-
                                                                velopment provides an opportunity           tivities that can be accommodated
                                                                to combine a variety of land uses in        there. Several of the case studies
                                                                one, master-planned unit that allows        presented in this guide, such as
                                                                greater control by both government          Freemason Harbour and South
                                                                officials and the developer over the        Street Seaport, are good exam-
                                                                nature and location of various proj-        ples of mixed-use development. For
                                                                ect elements. Well-known pro-               details, including over 20 individual
                                                                totypes of such developments are            case examples, as well as an in-
                                                                Rockefeller Center in New York, the         depth examination of the entire
                                                                Charles Center-Inner Harbor in Bal-         concept, the following publication is
                                                                timore, and Century City in Los             recommended:
                                                                Angeles.                                    Mixed-Use Developments: New
                                                                The Urban Land Institute defines            Ways of Land Use
                                                                mixed-use development as relatively         Urban Land Institute
                                                                large-scale real estate projects            1200 Eighteenth Street, N.W.
                                                                characterized by:                           Washington, D.C. 20036
                                                                                                            (202) 331-8500

                   46

               Planned Unit
               Development (PUD)
               The interest in mixed-use develop-         Preservation and Tax Reform Act of
               ment has encouraged local officials        1976 *
               to consider new legal structures that      The Tax Reform Act of 1976 established important tax incentives for
               can accommodate the integrated
               land uses and unique designs that          the preservation and rehabilitation of "certified" historic, income-producing
               are characteristic of such projects.       buildings that are listed in the National Register of Historic Places. The
                                                          act contains provisions designed to stimulate rehabilitation of historic
               One approach is planned-unit de-           buildings and to encourage donations of partial interests, such as facade
               velopment or PUD, in which the             easements, in significant properties.
               subdivision and zoning regulations
               of a residential development apply         Section 2124 of the Tax Reform Act provides major tax incentives for
               to an entire project area rather than      rehabilitation by owners of commercial or income -producing historic
                                                -1        structures, and tax penalties for those who demolish such historic
               to its individual lots. Because den-       structures and replace them with new construction. The act allows an
               sities are calculated based on the         owner of a "certified historic structure" to deduct for federal income tax
               whole project, PUD allows for a va-        purposes over a 60-month period most of the 'Costs of "certified rehabilita-
               riety of development options such as
               cluster housing, and increased open        tion."
               space.                                     The Revenue Act of 1978 offers a 10-percent investment tax credit to
               Nthough planned unit development           encourage the rehabilitation of older buildings. This new incentive
               ordinances have traditionally been         applies to buildings in use for 20 years Or more that will have 75 per-
               tailored to residential projects, the      cent or more of the external walls remaining after rehabilitation. If the
               concept could be easily applied as a       tax credit is to be used for a property on the National Register, or is
               means of increasing flexibility in the     certified as contributing to an historic district under the Tax Reform Act
               use of land in mixed-use develop-          of 1976, the taxpayer must have the rehabilitation certified by the De-
               ment projects. Some state laws on          partment of the Interior.
               planned unit developments do not
               permit mixed uses and would render         *Portions of this discussion are excerpted from "A Preservation News Supplement,"
               this approach useless for mixed de-        National Trust for Historic Preservation, 1785 Massachusetts Ave., N.W., Washington,
               velopment. Mixed-use zoning, a             D.C. 20036.
               technique that allows a variety of
               uses that traditionally have been
               considered incompatible, is another
               means of encouraging non-
               traditional projects.

               Cities such as Washington, D.C.,
               Pittsburgh, and Detroit all have in-
               corporated a version of mixed-use
               zoning into their municipal codes.

               References:
               Planned Unit Development Ordi-
               nances. American Society of Plan-
               ning Officials, Report No. 291,
               Planners Advisory Service, 1973.

               The Planned Unit Development
               Handbook: A Complete
               Guide to Planning, Processing, and
               Developing the Successful PUD. As-
               sociated Homebuilders of the
               Eastbay, Inc., Berkeley, Calif. 1970.

                                                                                                                                          47

                                        41

                                                        PIN

                                                                                                              A ipw

                                                                            A

                                                    X

                                                       mi.

                                                                                                                   Ir

                                                                                                                                 N
                                                                                       P

                 One of the entries in Wilmington's
                 Riverfest '79.                        Community Action

                                                       Community action takes many forms in dealing with waterfront issues.
                                                       Illustrating this range are the two examples given here: a grassroots
                                                       cleanup drive along the Bronx River in New York City, and a
                                                       communitywide riverfront festival in Wilmington, N.C.

                                                       The examples point up the great potential resource outside government
                                                       in nonprofit citizens' organizations. These independent groups can be a
                                                       catalyst for a waterfront project and can be instrumental in working
                                                       with local government. Many waterfront redevelopment success stories
                                                       feature to one degree or another the activity of a citizens' group.
                                                       Wilmington, North Carolina
                                                       The Cape Fear River in Wilmington forms one boundary of the
                                                       downtown business area. A major port lies to the south, making the
                                                       downtown waterfront the site of only nominal commercial and industrial
                                                       activity. A major new hotel is the dominant feature of the waterfront.

                                                       In 1976, leaders in Wilmington recognized the need to revive the
                                                       deteriorating downtown business and shopping district. A large shopping
                                                       center five miles away forced the leading department stores to close
                                                       their downtown installations and many buildings there became vacant
                                                       or were converted to temporary uses.
                                                       Recommendations from a task force formed by the mayor in 1976 led to
                                                       creation of the Downtown Area Revitalization Effort (DARE), whose

                 48

               mission it is to breathe life back into the city's traditional downtown. It
               is financed by the city (40 percent), county (20 percent), and private
               interests (40 percent).

               Leaders of DARE and another organization came to recognize that the
                                                                                          i
                                                                                          n
               city s riverfront constituted a neglected resource for the community
               general and the downtown in particular.

                                                                                                                         -T- r-T1
                                                                                                    A@
               In 1979, the community relations director of DARE agreed with the             '0@
               executive director of the Lower Cape Fear Arts Council on the need for
               an event. The latter group, concerned with promoting appreciation of         Lt 77
               and participation in a broad range of art activities, had been thinking of
               a street festival.
                                                                                             N
               What Mary Gornto of DARE and Jan Strohl of the arts council came up           A cruise ship passes the U.S.S. North
               with was the idea of some sort of celebration to be held in the downtown      Carolina during Riverfest'79 in Wilmington.
               at the river. Fall was settled on as the time of year.

               In February 1979, the two organization leaders wrote the groups they
               thought m;ght be interested in a downtown event. No advance
               preparations were made, the two simply called a meeting. Invited were
               the chamber of commerce, city administration, police department, a
               historic foundation, a neighborhood group of downtown residents, and
               three merchants' associations (the traditional main street merchants
               plus those associated with two new sections of shops).
               The initial meeting produced a positive reaction to the idea of an event
               and October was selected. Next came more detailed planning as to
               number of days, types of events, and additional participants. Operations
               at this stage were underwritten'by DARE. Ultimately the bulk of the
               support for Riverfest '79, as the event was named, came from local
               merchants. The eventual chairmen of the festival were downtown
               merchants.

               Additional participation came from the city recreation department, fire
               department, the U.S. Coast Guard, an advertising agency, an arts and
               crafts organizer, and two historic museums. Assistance from outside
               was limited; the arts council leader attended a conference on street
               festivals and learned of some of the pitfalls, and leaders in Galvesto in,
               Tex., were contacted about their "Dicke ns-on-the-Strand" annual
               Christmas event.

               The outcome of the volunteer labor during the spring and summer
               months was the first annual Riverfest on October 5-7, 1979. The
               originators, Mary Gornto and Jan Strohl, had hoped that 5,000 or
               perhaps 6,000 persons would attend. More than 30,000 showed up to
               watch or take part in concerts, dance performances, rides, a dog show,
               water skiing, sky diving, bike racing, arts and crafts displays, art and
               photography exhibits, antique displays, African and Caribbean imports,
               juggling, chess and dart tournaments, clowns, and storytellers. The
               event culminated with a raft race on the river.

               The Riverfest brought people downtown and demonstrated to them the
               potential attractiveness of their riverfront. The fledgling downtown
               revitalization effort in the community received a major boost.

               Contact:
               Mary Gornto
               DARE Inc.
               118 E. Princess Street
               Wilmington, N.C. 28401
               (919) 763-7349

                                                                                                                               49

                 Bronx River Restoration (BXRR)
                 The Bronx River Restoration is a community-based redevelopment
                 effort aimed at cleaning up and revitalizing a 10-mile stretch of the
                                                                                                                                7
                 waterfront from the Bronx Zoo to the East River.

                 The project began in 1974, when Police Chief Anthony Bouza and
                 community activist Ruth Anderberg (now executive director of the                                                    N%
                 BXRR) organized a group of volunteers to remove tons of junk and trash
                 from a section of the river. Anderberg solicited help from local
                 businesses, city agencies, utility companies, residents, and the National
                 Guard in an extensive effort that cleared 40 years of accumulated junk      h.
                 from the river in just two months.
                 After the initial clean-up project, the organization operated on
                 donations and volunteer help until its first $20,000 from the Robert
                 Sterling Clark Foundation in 1975. Several other small grants followed,
                 including $36,000 from the Youth Conservation Corps program. In
                 1976, Axel Horn joined the staff as director of long range planning.    He
                 began searching for more substantial sources of assistance, and in                                       ,4
                 1977, the BXRR received a $60,000 grant from the New York State
                                                                                                                                ,;t'A
                 Legislature to develop a master plan for the Bronx River.
                 Bronx River Master Plan
                 This ambitious plan calls for a major redevelopment of the river, with
                 substantial recreational opportunity, public access, and commercial
                 development. The river will become a major urban accessway for
                 walking, jogging, bicycling, and boating. Several activity centerswill       0
                 locate along the way, including theaters, museums, craft shops,
                 playgrounds, and picnic areas. The model for the Bronx River Plan is
                 San Antonio's Riverwalk, which turned a junk-filled canal into the city's
                                                                                                                        ,A
                 major commercial attraction. The Bronx Plan has the support of city
                                                                                                                  ", @1 ',V- ,, ;4 "V, v
                 officials, state and federal elected representatives, and a variety of                                           __4
                 community groups active in the Bronx.
                 The project has already shown significant results. Youth Conservation       The Bronx River in New.York.
                 Corps workers have stabilized a portion of the riverbank and
                 constructed a path on one side of the river. The workers have also
                 begun restoration of the BXRR headquarters building that when
                 finished will contain a complete crafts studio, darkroom facilities, and a
                 workshop where residents will make their own park furniture. The
                 largest single accomplishment to date is a mini-park at Tremont
                 Avenue built with $100,000 from the city.

                 Future developments include an amphitheater/environmental arts
                 building and a watermill located a short distance from the BXRR
                 building, development of Soundview Park, and construction of a
                 continuous pathway along the river that will connect the Bronx Zoo,
                 Botanical Gardens, and Westchester Bikeway. Plans call for a six-phase
                 construction program with an estimated completion date in 1984.

                 Contact:
                 Bronx River Restoration
                 375 E. Fordham Rd.
                 Bronx, N.Y. 10458
                 (202) 933-4079/9292

                 50

                                                                                                                                                                            //14

                                                                                                                                                  14,

                                                                                                                                                 %T"N"

                                                                                                                     Robert Kaye

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                                                                                                                                                                                                                                                                              k2j&                                                                                                \Nk
                                                                                                                                                                                                                                                                                ML                                                                                                                                  'A
                                                          Netv York Port Authority

               In addition to rapidly increasing          Fee-Simple Acquisition                    Leaseback
               costs there are other serious prob-        Purchase of fee-simple title is the       A fee-simple technique that has
               lems involved with the purchase of         most direct means of obtaining            often been used both to encourage
               urban land for waterfront rede-            property, because all that is involved    'redevelopment projects and control
               velopment. These include frag-             is the outright purchase of land by       the manner in which they are im-
               mented ownership of properties, re-        state or local governments or private     plemented, is the purchase/
               stricted property rights, such as          interests. This tool involves acquisi-    leaseback arrangement. Under this
               easements and deed restrictions,           tion of complete ownership in prop-       procedure, a local government pur-
               and problems identifying and locat-        erty, the "fee-interest," by outright     chases property for rehabilitating
               ing the actual owners. Moreover,           purchase, gift, condemnation, or          existing structures or creating new
               waterfront locations have tradi-           purchase with donated funds.              development. The property is then
               tionally been used heavily for rail-                                                 leased back to private interests
               road, utility, and highway rights-         Ownership is, however, restricted by      under a standard lessor/lessee
               of-way, which severely complicates         government regulation. It is also the     agreement.
               attempts to assemble land. In addi-        most expensive method of obtaining
               tion, special waterfront features          land, and this often becomes a lim-       Leaseback is an incentive for rede-
               such as eroding shorelines, and legal      iting factor in acquiring necessary       velopment, because the local gov-
               questions regarding ownership of           properties for urban redevelopment.       ernment may lease the property at a
               submerged lands and riparian water                                                   relatively low rate, creating a desira-
               rights may present additional obsta-       Because of tax considerations, land       ble climate for private investmeni.
               cles.                                      is sometimes donated to a commu-          Additional public benefits can be
                                                          nity, or sold below the fair market       obtained if the local government
               The purpose of this chapter is to de-      value. Donations or "bargain sales"       chooses to attach restrictions or co-
               scribe some of the land acquisition        of land by private groups, both           venants to the deed, including pub-
               techniques commonly used by gov-           non-profit and profit, have been im-      lic access, setbacks, landscaping,
               ernments, private interests, and           portant in many redevelopment             etc.
               non-profit organizations in obtaining      projects. For non-profit groups such
               land for urban waterfront rede-            as land conservancies, charitable         Leaseback arrangements are benefi-
               velopment projects. Most of the ac-        donations of land to local govern-        cial to both public and private inter-
               quisition techniques described             ments have been used as a means of        ests for several reasons. For the
               below are standard.                        insuring that the donated property        local government, high acquisition
                                                          will be developed in a manner that        costs can be defrayed by revenues
               Detailed information on acquisition        maximizes public benefit. For pri-        from the lease-back arrangement.
               is readily available from a variety of     vate, profit-making groups, a gift or     Also, much of the upkeep and im-
               technical publications, and through
                                                          sale below the estimated market           provement costs are assumed by the
               local governments, realtors, or de-        value (a bargain sale) will result in     private, tax-paying, developers.
               velopment companies.                       substantial reductions in the need        Benefits for private interests are in
                                                          for intial investment capital.            avoiding high initial capital outlay,
                                                          Reference:                                and the advantage of deducting rent
                                                          The Use of Less Than Fee-Simple           from taxes as a business expense.
                                                          Acquisition as a Land Use Man-            Mission Bay in San Diego has used
                                                          agement Tool for Coastal Programs.        such a leaseback system.
                                                          National Technical Information
                                                          Service, U.S. Department of Com-
                                                          merce, 5285 Port Royal Rd.,
                                                          Springfield, Va. 22161

               The Jersey shore in the New York area.

                                                                                                                                            53

                             Case Study
                  San Diego                                                                                              ------
                  Nssion Bay Park
                  Mission Bay Park is a 4,000-acre
                  mixed use recreation facility com-
                  prising over seven square miles of
                  the city of San Diego including
                  1,800 acres of usable land and
                                                                 7
                  2,200 acres of water.

                  The park provides a variety of rec-
                  reational activities along with a mix
                  of commercial uses under a
                  leaseback arrangement from the
                  park authority. Nine hundred and                                sow                                        W",
                                                                                                                        'is
                  ninety acres have been developed
                  for public water-oriented recreation
                  and over 19 miles of developed
                  beach exist. Private and cornmercial
                  leases are restricted to 25 percent of
                  the park land area and total 369
                  acres. Leased land includes hotels,
                  guest houses, marinas, non-profit
                  groups, a golf course, information
                  center, restaurant, and marine life
                  exhibit.

                  Initial development in the Mission
                  Bay area dates back to 1921 with
                  the establishment of the Belmont
                  Park Amusement Center. The park
                  was acquired from the state in 1945
                  and work began in 1948 on dredg-
                  ing to improve the channel for the
                  San Diego River. Major dredging
                  operations continued until 1961
                  with over 25 million cubic yards of
                  material deposited within the park.      Revenues from lesees during fiscal       The private leases range in size from
                  A series of public bonding authori-      years 1970 to 1975 averaged $1.2         0.75 acres up to 99 acres and expire
                  zations has paid for construction of     million per year. During fiscal 1976,    from 1986 through 2027. Each
                  the park. These include: 1945, $2        revenues totaled $1.8 million or a       lease is bound by stringent height
                  million; 1956, $5 million and 1966,      return of approximately 12 cents per     limitations and zoning regulations.
                  $7.4 million. In 1958, the city coun-    square foot of leased land. Total        City policies give priority to future
                  cil adopted a Mission Bay Land and       public operating expenses for the        leases that include low- and
                  Water Use Plan which governed de-        park during this time amounted to        moderate-cost public recreational
                  velopment of the park. In 1978, a        $2.3 million.                            and visitor-oriented facilities. New
                  new Mission Bay Park Master Plan                                                  leases stipulate that public access for
                  was adopted by the city council to                                                pedestrians and bicyclists be pro-
                  conform with the policies and pro-                                                vided as a condition of the lease.
                  grams of the California Coastal Zone
                  Management Program.

                  54

                                                                                                      Land Writedowns
                                                                                                      Land writedowns have been widely
                                                                                                      used by local governments as an in-
                                                                                                      centive for private investment in
                                                           The basic procedure involves the           urban renewal projects. This proce-
                                                           city's selling newly renovated build-      dure involves purchase of blighted
                                                           ings to private investors, and leasing     properties by the local government,
                                                           the property back from them at rel-        clearance of any dilapidated struc-
                                                           atively low rates. Lease payments          tures at public expense, and resale
                                                           are set at levels according to the         of the land to private development
                                                                                                      interests. The incentive for rede-
                                                           owner s costs for items such as
                                                           taxes, debt amortization, and in-          velopment of these properties oc-
                                                           vestment premiums. The Industrial          curs because the land is sold by the
                                                           Development Authority's role is in         local government either below the
      N
                                                           financing the initial purchase of the      purchase price, or at a level below
                                                           property by private investors. Be-         the appraised land value after clear-
                                                           cause of its special legal status as a     ance.
                                                           quasi-public, non-profit corporation,
                                                                                                      Land writedowns reduce the
                                                           it can borrow money at tax-exempt
                                                           rates and in turn loan it to private       amount of capital needed by de-
                                                           investors at low interest rates. This      velopers to finance local redevelop-
                                                           allows the private party to borrow at      ment projects. This in turn reduces
                                                           a low interest rate from the IDA,          their equity requirement and
                                                           purchase usable property from the          amount of debt service on loans. In
                                                                                                      addition, sale of property at an at-
          It
          lilt,                                            city, and lease it back to the city at a
                                                           rate that just covers the debt service     tractive price may allow the local
                                                           on the loan and some other ex-             government leverage with the de-
                                                           penses.                                    veloper in providing amenities, such
                                                                                                      as public access, open space, or
                                                           The main advantages of the pro-            other provisions that can be in-
                                                           gram are that private interests can        cluded as restrictive covenants at-
                  mg
                                                           quickly obtain large amounts of            tached to the land transaction. The
                                                   Up"     capital to purchase space at low cost      theory is that the tax revenues gen-
                                              Us
                                                   r
                                                      g
                                                           and relatively small risk. In addition,    erated by the new development will
                                                    MHO,
                                                           investors will be able to deduct           eventually cover the public's in-
                                                           building d
                                                                      epreciation from their          vestment expense.
                                                        U  taxes, because technically they are
                                             P
                                             Y
                                                           the owners of the buildings and
                                                           property. Eventually, all properties
                                                           will revert to the city. The primary
                                                           advantages for Baltimore are that
               Inverse Leaseback                           inner city revitalization becomes
                                                           feasible without increasing the city
               A unique variation of the    leaseback      debt, issuing municipal bonds, or
               arrangement has recently      beenin-       providing tax incentives to individual
               stituted by Baltimore City. This pro-       owners.
               gram, probably the first of its kind to
               be applied in a major metropolitan
               area, uses a three-pronged contrac-
               tural arrangement between the city,
               a newly-formed Industrial Develop-
               ment Authority, and private inter-
               ests. The goal is to entice commer-
               cial and industrial operations back
               into the city.

                                                                                                                                              55

                   Conservation Easements
                   Conservation easements are restric-
                   tions that land owners place on             Obtaining Business Support
                   property voluntarily or for payment.        The business community- financial institutions, retail stores,
                   They can involve such things as al-         organizations such as the Chamber of Commerce-has directly
                   lowing the public to cross a property       supported urban waterfront revitalization in a number of ways: through
                   to reach the shore, restricting build-      donations of money, land, materials, equipment; of time and expertise;
                   ing height to protect a view, or agree-     and by various promotional activities. These actions obviously have a
                   ing to maintain a garden or plant-          sound public relations value for businesses and also reflect a community
                   ing that is a community amenity.            spirit and belief in the project's value. To get this kind of support, it is
                   When the owner places a conserva-           important for waterfront project sponsors to make the business
                   tion easement on a parcel of land,          community aware of their goals and, ideally, to encourage business
                   certain rights specified in the ease-       involvement during the project's conceptualization and planning.
                   ment document are relinquished. As
                   a matter of form, the rights are            Illustrative of the role business can play is the experience in Tulsa of the
                   transferred to a recipient (such as a       River Parks project.
                   conservation organization or gov-
                   ernmental body) in a legal docu-
                   ment. When the document is prop-
                   erly drawn, signed, and recorded,           Land Banking                               Small-scale land banking programs,
                   the owner and future owners of the          Land banking has been suggested as         however, are less expensive, and
                   property can no longer exercise             a means of directing the nature and        generally more politically accept-
                   those rights given up in the ease-          timing of urban development in             able. These are usually labeled "ad-
                   ment document.                              local communities by keeping land          vance acquisition programs" and
                                                               out of the open marketplace. In this       are implemented by local gov'ern-
                   An easement holder, such as a local         approach, land is purchased by a           ments as a hedge against inflation in
                   government, has the right to ensure         local government and held in re-           land values or to obtain optimal lo-
                   that the restrictions on the land are       serve until such time as conditions        cations for future public facilities.
                   observed. The easement does not             are right for its resale and sub-          This technique is used in Maryland,
                   automatically allow public access to        sequent development.                       for example, to preserve space for
                   the land unless that is specifically                                                   energy installations.
                   provided in the easement document.          Land banking provides local de-
                   The owner of the property retains all       cisionmakers with a tool to control        Short-term land banks can be espe-
                   other rights. Unless the easement           or forestall development within a          cially useful in redevelopment of
                   document provides otherwise, the            community to accomplish goals such         blighted areas. In these cases, land
                   owner can, for example, sell the            as containing sprawl or providing          banking consists of purchasing
                   property, live on it, or bequeath it.       open space.                                existing dilapidated structures, pos-
                   Also, taxes must still be paid, but                                                    sibly rehabilitating them and then
                   often a consideration will be given in      Land banks may operate on a large          disposing of the property at a rate
                   return for the easement restrictions.       or small scale. Historically, these        that best meets the goals of the
                                                               programs have not been im-                 community at the particular time.
                                                               plemented in American cities be-           With this degree of control over land
                                                               cause they require intial capital out-     disposition, local governments can
                                                               lays that are excessive for most           integrate other incentives, such as
                                                               municipal budgets. Large-scale land        provision of public facilities, in
                                                               banks are usually long-term pro-           timely fashion.
                                                               grams (20 years or more) that serve
                                                               to control much of local land use          Reference:
                                                               decisionmaking. Indirectly, they in-       Land Banking: Public Policy Alter-
                                                               fluence land values, location, and         natiues and Dilemmas. Sylvia
                                                               timing of development on privately         Kamm, Urban Institute,
                                                               owned lands. Large-scale land              Washington, D.C. 1970.
                                                               banking is often a politically un-
                                                               satisfactory approach, because pub-
                                                               lic opinion tends to run against gov-
                                                               ernment taking full control of land
                                                               ownership and use.

                   56

                                                     River Parks: Tulsa, Oklahoma
                                                     Cooperation among public agencies, private citizens, and the business
                                                     community has created Tulsa's River Parks- 138 acres on both sides of
                                                     the Arkansas River with picnic areas, hike and bike trails, playgrounds,
                                                     an exercise trail and other attractions. The three-phase development
                                                     program, when completed in 1990, will include a two-mile long lake, a
                                                     science-aerospace-petroleum museum, a planetarium, a marina, and a
                                                     variety of commercial ventures. Tulsa's River Parks Authority
                                                     anticipates the project will create 150 new jobs with an annual payroll
                                                     of $2.4 million, and generate at least six million annual visitor days. The
                                                     cost for completing the River Parks project is estimated to be between
                                                     $30-to-$40 million in public and private investments.
                                                     Tulsa began its waterfront revitalization with a number of recreation
                                                     components and has used these to attract support for the additional,
                                                     more expensive development. Recognizing that simply providing
                                                     facilities was not enough, a series of activities was planned to heighten
                                                     public awareness of the city's waterfront and to build the support
                                                     necessary to implement the overall plan.

                                                     The business community played a key role in this process. Local radio
                                                     stations support two popular annual events. Two businesses teamed up
                                                     with the local chapter of the American Institute of Architects to sponsor
                                                     the annual Sand Castle contest at a riverside sandbar. These are only a
                                                     few of the annual "River Romp" events, initiated by the Chamber of
                                                     Commerce and now sponsored by a number of public agencies,
                                                     businesses, and non-profit organizations. These activities include a
                                                     Christmas tree lighting, oktoberfests, kite flites, square dances, bike
                                                     rides, footraces, and fireworks.

                                                     The business sector's role in the River Parks has not been limited to
                                                     support building. When a link between the east and west bank
                                                     developments along the river was needed, the Missouri-Pacific Railroad
                                                     donated a railroad bridge to the city. Twenty thousand dollars was
                                                     raised when Tulsans were given the opportunity to "purchase" an inch
                                                     of the bridge for $5.50. The Tulsa Tribune was instrumental in
                                                     encouraging support for the bridge's conversion.

                                                     The McMichael Concrete Company has agreed to donate approximately
                                                     four acres of prime riverfront property, valued at $40,000, to the city.
                                                     Use of additional waterfront land for the project has been obtained from
                                                     the Public Service Company of Oklahoma-10 acres-and Texaco-41
                                                     acres-which have leased these key parcels to the city at no cost.
                                                     A large volume of soil was needed to reshape the riverbank. Three
                                                     hundred and eighty thousand cubic yards from downtown construction
                                                     sites were given for this purpose. Students from a vocational school
                                                     then moved one half million cubic yards for $300,000. A contract for
                                                     the same work ordinarily would have cost twice this amount. Under the
                                                     leadership of a community organization, private nurseries donated
                                                     approximately 500 plants and trees valued at $5,000 to help with the
                                                     landscaping.

                                                     Contact:
                                                     River Parks Authority
                                                     411 South Denver
                                                     Tulsa, Okla. 74103.

                                                     The experience in Tulsa is far from unique. The business community in
                                                     many other cities has responded to the idea of revitalizing waterfronts.

                                                                                                                              57

                                                                                                                    NW,
                                                                                                                                 All:

                                                                              4.

                                        T @7

                                          4, -

                                                                                                          Land Exchange
                                                                               i7
                                                                                                          Land exchange is a technique com
                                                                                     VC                   monly used by local governments to
                                                                                  M.                      acquire properties from private
                                                                                                          interests or from other government
                                                                                                          agencies in situations when outright
                                                                                                          purchase would be too costly. In this
                                                                                                          approach, the local government
                                                                                                          trades public properties for private
                                                                                                          lands of equal value.
                                  J     -1
                                                                                                          The goals of land exchange are var-
                                                                                                          ied. Lands are frequently exchanged
                                                                                                          to preserve open space, wetlands, or
                                                                                                          provide public access. They are also
                                                                                                          used to consolidate properties for
                                                                                                          development. On urban waterfronts,
                   Quincy Market in Boston.                                                               private owners of land zoned for in-
                                                                                                          dustrial uses or other types of busi-
                                                                                                          ness may want to exchange their
                                                                                                          waterfront parcels for other city-
                   Denver                                                                                 owned lands that are better located
                   The Platte River Greenway in Denver, 17 miles of riverfront that runs                  or have easier access to transporta-
                   through the heart of the city, was given a boost when a local bank, First              tion facilities.
                   of Denver, started a promotional campaign for the project. It provided a               Land exchange can be divided into
                   tree for each new savings account opened or every $200 deposited in an                 the following categories:
                   existing account. Contributions from three private foundations, Pepsi
                   Cola, and individuals provided an additional $1,164,000-some of                          From one governmental agency to
                   which was earmarked for specific purposes-for the Greenway.                            another. For example, the Mass-
                   Contact:                                                                               achusetts Port Authority transferred
                   Robert Searns                                                                          title of all non-airport related natural
                   Urban Edges                                                                            areas (salt marsh and tidal flats in
                   1421 Court Pl.                                                                         East Boston) to the Metropolitan
                   Denver, Co. 80202.                                                                     District Commission for conserva-
                                                                                                          tion and recreation purposes.
                                                                                                                       I - Ww"

                   58

                                                           Little Rock
                                                           One of the major contributions that the business sector has made to
                                                           urban waterfront redevelopment efforts is direct, formal participation in
                                                           a project's conceptualization and planning, often taking a leadership
                                                           role. Events in Little Rock are illustrative.

               K                                           In 1977 Little Rock Unlimited Progress (LRUP), an organization of local
                                                           business interests, along with architects and city planners, began
                                                           research on urban waterfront development possibilities in direct
                                                        <  conjunction with public acquisition of 17 acres along the Arkansas
                                                        cE Rive . Through the International Downtown Executives Association
                                                           they gathered information on other waterfront projects throughout the
                                                           c
                                                            ountry. On the basis of this information a decision was made to
                                                           combine recreation with a variety of commercial activities along Little
               The World Trade Center towers in   e
               York are in the center background; a        Rock's waterfront. The Chamber of Commerce donated $10,000
               abandoned pier awaits redevelopment.        towards the matching requirement for a HUD 701 planning grant to the
                                                           city. LRUP then put together a 20-member public-private waterfront
                                                           advisory committee to help shape the overall waterfront plan, which
                 Properties held by governmental           has recently crystallized. (See Volume II of the HCRS report, Urban
               agencies because of tax delinquency         Waterfront Revitalization: The Role of Recreation and Heritage, for a
               or foreclosure. Again in Boston, the        detailed description of this plan.)
               Real Property Department has
               agreed to transfer certain properties;      Little Rock's waterfront, as in many cities, is lined by rail and highway
               the Boston Conservation Commis-             corridors which effectively block public access to the water's edge.
               sion will manage them and the Pub-          Initial plans had called for costly pedestrian bridges linking the central
               lic Facilities Department will process      business district to the revitalized waterfront, which would span these
               and facilitate each transfer.               barriers but the possibility of eliminating these pedestrian bridges was
               9 Gaining control of surplus prop-          discussed in an effort to reduce project costs. However, the chairman of
               erty. When a governmental agency,           Union National Bank in Little Rock has stated that his bank is willing to
               such as the Department of Defense,          provide interim and, if necessary, permanent financing for a proposed
               no longer needs an installation or          convention center on the condition that these overhead walkways-for
               base, the property is declared              which the bank would also provide financing-be retained.
               surplus and is transferred to the
               General Services Administration.
               Many park areas have been ac-
               quired by state and local govern-
               ments through this means.
               * Land consolidation, or exchanging
               one piece of property for another in        Pittsburgh
               a different location. This technique
               has been used successfully to pre-          Cooperation between the city and a private firm in Pittsburgh resulted
               serve open space and access in the          in a mutually satisfactory arrangement. Davison Sand and Gravel
               Middlegrounds area of Toledo's              Company needed a permit from the Corps of Engineers to expand its
               waterfront and at Detroit's Rennais-        barge-loading facilities on the Monongehela River. At the same time
               sance Center. This can be an ex-            the city had been exploring ways to develop a badly needed waterfront
               change between public and private           community park on property adjacent to this site.
               interests.                                  The city's Department of Parks and Recreation agreed not to object to
               Reference:                                  the permit application if the company would provide a public easement
               Urban Growth Management Sys-                on its land for a bikeway and other developments. Davison not only met
               tems: An Evaluation of Policy Re-           these provisions but went further, promising to do some additional
               lated Research, Planning Advisory           landscaping, build overlooks near the river, and improve the aesthetic
               Service                                     quality of its own operation.
               Report nos. 309, 310.
               American Society of Planning
               Officials, Chicago, 111. 1976.
               1@1

                                                                                                                                               59

              Chapter V
              Incentives to
              Private Developers

                                 VIP=   71F@

               60

                 This chapter will examine some of                  Local Tax Incentives                              The actual tax reduction program
                 the incentives local governments can               Tax incentives can stimulate private              will vary from community to com-
                 use to encourage urban waterfront                  development on the urban wa-                      munity,, depending on the local
                 redevelopment. It includes several                 terfront. Although tax incentives                 economy and the provisions of the
                 approaches successfully used to                    may reduce revenues in the short                  enabling statutes. Missouri's law, for
                 bring urban waterfront revitalization              run, local governments can realize                example, permits removal of all
                 proposals to fruition.                             long-term economic benefits that far              taxes on site improvements for 10
                 Private developers are among the                   outweigh the temporary losses. Four               years, and then increases them to 50
                 primary participants in most urban                 methods of tax reduction are:                     percent of assessed value for the
                                                                                                                      next 15 years. Michigan's law
                 waterfront redevelopment proposals,                Abatement                                         exempts property taxes for the first
                 with profit as the major incentive.                Taxes are either partially reduced or             15 years of the project, and requires
                 Government can serve as a catalyst                 totally eliminated for a specific                 payment in lieu of taxes equal to the
                 for private action as well as perform              period of time.                                   prior tax assessment on the im-
                 regulatory functions to protect the                                                                  proved property.
                 public interest. Government pnivate                Exemption
                 sector partnership is especially needed            Property is eliminated from the tax               Another type of tax incentive is the
                 if the proposal is large-scale, requires           rolls by a special action of local gov-           separation of the tax assessment
                 detailed market analysis or long-term              ernment.                                          from actual property value, making
                 capital investment, or has significant             Exclusion                                         the tax owed dependent on the
                 social or environmental impacts.                   Property is placed in a classification            amount of revenue actually pro-
                                                                    outside of the definition of taxable              duced by the redevelopment activ-
                 In recent years, participation by                  property.                                         ity. This approach gives pioneering
                 government as part of joint public/                                                                  businesses a tax break during the
                 private ventures has broadened the                 Income Assessment                                 initial investment years when profits
                 nature of developments to include in               Taxes are based on the income of                  may be lower, and allows upward
                 addition to the profit motive social               the redevelopment project and not                 adjustment by the local government
                 objectives such as providing jobs,                 on the value of the property itself.              as the redevelopment project
                 improving the local tax base, or                   The most common tax incentive for                 catches on and begins to produce
                 creating recreation opportunities.                 local governments is property tax re-             more revenue.
                 Even in such joint ventures, the con           -   duction. This technique is useful,                The optimal method of tax reduction
                 sideration of the potential return on              because it is relatively easy to ad-              will differ for each project depending
                 the private investment remains the                 minister, and has broad application               on a variety of factors. These in-
                 governing factor. Waterfront rede-                 and attraction to landowners
                 velopment projects, above all else,                throughout the community. Property                clude: the overall economic health
                 have to make sense in economic                     taxes can be a significant factor in an           of the community, goals of the local
                 terms in order to attract private cap-                                                               government, condition of the prop-
                 ital.                                              owner's decision to redevelop a site.             erty and the surrounding area,
                                                                    This is particularly true if the property         method of tax collection, and degree
                 In addition to direct financial contri-            values have risen as a result of nearby           of enforcement. A tax reduction
                 butions, communities have other                    development or real estate specula-               program should be designed so that
                 means of encouraging private in-                   tion.                                             the amount of overall investment
                 vestment, including special tax pro-                                                                 and public benefit produced by the
                 grams and zoning incentives. These                                                                   redevelopment project is greater
                 considerations frequently involve                                                                    than the amount of tax revenue lost
                 negotiations between local govern-                                                                   to the local government.
                 ments and private interests as part of
                 the complex real estate develop-
                 ment process, which includes de-
                 tailed analyses of interest rates, cash
                 flows, tax advantages, and land as-
                 sembly methods. The incentives de-
                 scribed below suggest various ap-
                 proaches that might be used to en-
                 courage private action.

                 The Portland, Ore., skyline at night, with
                 the Willamette River in the foreground.

                                                                                                                                                                    61

                    Tax incentives to the private sector
                    can have a widely varying impact on
                    a local community, depending on                      -Case Study
                    the nature of the program and the
                    characteristics of the community in-        Laclede's Landing:                       St. Louis, Missouri
                    volved. Incentives can provide a
                    means of stimulating private de-            Downtown St. Louis is undergoing a          By September 1975, a redevelop-
                    velopment that does not require ad-         major revitalization that includes a        ment plan was completed and sub-
                    ditional public investments, and they       convention center, the Jefferson            mitted for review by the St. Louis
                    can be targeted to achieve specific         National Expansion Memorial, and            Community Development Agency
                    economic development goals and              several other attractions along the         and the Board of Aldermen. In
                    objectives, such as increasing em-          city's Mississippi riverfront. La-          January of the following year, an
                    ployment in low income areas. In            clede's Landing is an important part        approved plan was initiated that
                    addition, tax incentives can be used        of this redevelopment, representing         provided for rehabilitation of ap-
                    to insure that public benefits, such        an expansion into the city's exten-         proximately 45 structures, amount-
                    as access to the shore, are included        sive urban waterfront.                      ing to nearly one million square feet,
                    in projects.                                                                            as well as control over the uses al-
                                                                Laclede's Landing encompasses               lowed in the district and provisions
                    If not structured properly, tax re-         nine square blocks adjacent to the          for pedestrian and vehicular circula-
                    duction'programs can have negative          central business district not far from      tion. The plan also included a com-
                    effects on a community. Conflicts           the giant Gateway Arch. The landing         mitment by the City of St. Louis to
                    with other established policies of the      contains over 30 historically signifi-      provide $1 million for new lighting,
                    local government may occur, such            cant structures that have survived          streets, curbs, and landscaping.
                    as transportation plans, or other           the changing functions along the Mis-
                    economic development programs.              sissippi River over the last 150 years.     Property Tax Incentives
                    They can begin competing for a
                    fixed amount of investment dollars          Laclede's Landing                           In addition to the property tax in-
                    and distort local development pat-          Redevelopment Plan                          centives offered by the Missouri
                    terns to the long-range detriment of                                                    Corporations Law, the Redevelop-
                    the community. In some cases, tax           Since the 1830s, the primary use of         ment Corporation took steps to pro-
                    reductions may provide a windfall to        the area has been for warehousing           vide tax advantages to property
                    developers who would have im-               and manufacturing, but by 1975,             owners who rehabilitate structures at
                    plemented the redevelopment proj-           over 75 percent of the buildings            Laclede's Landing. In August 1976,
                    ect regardless of the tax incentive.        were vacant, and only a few com-            the area was included on the Na-
                                                                panies remained.                            tional Register of Historic Places. As
                    St. Louis, Mo., has been successful                                                     mentioned in the section on historic
                    in stimulating private investment in        In November 1974, an effort was             districts, this designation qualifies
                    the downtown area using property            begun to improve the economic situ-         property owners for direct grants,
                    tax incentives and other techniques         ation in the area when local business       accelerated depreciation, and other
                    under the Missouri Urban Rede-              interests, property owners, and gov-        tax advantages under the Tax Re-
                    velopment Corporations Law.                 emment officials decided to use a           form Act of 1976. Since that time,
                                                                public/private development corpora-         six individual projects have received
                                                                tion approach to redevelopment.             grants-in-aid, and ten have used ac-
                                                                Early in 1975, the interested parties       celerated depreciation as part of
                                                                formed and sold stock in the La-            their redevelopment.
                                                                clede's Landing Redevelopment
                                                                Corporation under Chapter 353 of
                                                                the Missouri Urban Redevelopment
                                                                Law. By utilizing this statute, the
                                                                corporation assumes the role of a
                                                                local redevelopment agency and is
                                                                empowered to grant property tax
                                                                relief over a 25-year period to indi-
                                                                vidual property owr-,,rs in the land-
                                                                ing district.

                    62

                CL
                                                                                                                    Results
                C                                                                                                   Redevelopment is now established
                E
                                                                                                                    at Laclede's Landing. Since 1976,
                                                                                                                    substantial amounts of office, resi-
                                                                                                                    dential, entertainment, and com-
                                                                                                                    mercial uses have appeared. Light-
                                                        MV.@.                                                       ing, cobblestone street renovation,
                                                                                                                    curbs, and landscaping have been
                                                                                                                    provided by the city, and private
                                                                                                                    developers have invested over $25
                                                                                                                    million in major rehabilitation proj
                          Ir
                                                                                                                    ects in the area, totaling over
                                                                                                                    450,000 square feet. In addition,
                                                                                                                    over 500,000 square feet of new
                                                                                                                    construction is planned.

                                                                                    72V
                                                                                                                    A wide variety of new tenants have
                                                                                                                    located in the area. Design studios,
                                                                                                                    promotion and marketing firms, a
                                                                                                                    theater, offices for architects and
                                                                                                                    lawyers, a furniture store, restau-
                                                                                                                    rants, and assorted retailers now oc-
                                                                                                                    cupy the once abandoned site.

                                                                                                                    Contact:
                Aerial view of the Mississippi riverfront in                                                        Laclede's Landing Redevelopment
                St. Louis, the Gateway Arch to the left,                                                               Corporation
                Laclede's Landing area between the                 Parcel Development                               717 North First
                bridges, ce -n.ter.                                Agreement                                        St. Louis, Mo. 63102
                                                                                                                    (313) 274-1841
                                                        GE         One of the most important aspects
                K,                                                 of the Redevelopment Corporation                 References:
                                                                   is the Parcel Development Agree-                 Development Plan of Laclede's
                                                                   ment, which is signed between the                Landing Redevelopment Corpora-
                             ;@7.                                  corporation and individual property              tion, Laclede's Landing Rede-
                                                                   owners in the area. This legal con-              velopment Corporation, 1976.
                                                                   tract obligates the property owners
                                                                   to complete the agreed-upon im-                  "A Development Memorandum on
                                                                   provements within a specified time               Laclede's Landing, St. Louis, Mis-
                                                                   period in order to obtain tax bene-              souri.- Laclede's Landing Rede-
                                                                   fits. The Parcel Development                     velopment Corporation.
                                                                   Agreement also offers the corpora-
                                                                   tion an added measure of control
                                                                   over the types of development al-
                Closeup aerial view of Laclede's Landing.          lowed in the district and the design
                                                                   of individual projects through an of-
                                                                   ficial set of urban design guidelines
                                                                   that were adopted simultaneously
                                                                   with the Parcel Agreement provi-
                                                                   sions.

                                                                                                                                                                 63

                                                                                                                  Special Tax Districts
                                                                                                                  Many states have adopted legislation
                                                                                                                  that allows local governments to es-
                                                                                                                  tablish special taxation districts. This
                     Missouri Urban                                  The private corporation approach             approach institutionalizes the tax in-
                     Redevelopment                                 Lows developers to react better to             centive mechanism and allows it to
                     Corporations Law                              changing economic conditions        '  such    cover a broad area. The goal is usu-
                                                                   as interest rates and materials costs.         ally to stimulate private investment
                     Chapter 353-Missouri                          0 The review process is simplified,            in specific areas of the community
                     State Code                                    because the local government deals             by reducing the tax burden on
                     Under the urban corporations law of           with a private corporation operating           existing properties in the district. In
                     Missouri private developers and               under both a "Parcel Development               this way, the tax district serves as an
                     local financial interests may form a          Agreement" and a set of design                 incentive for private investors to lo-
                     private, profit-making, redevelop-            guidelines that clearly defines the            cate new enterprises in the area, or
                                                                                                                      rove and expand existing struc-
                     ment corporation that has all powers          obligations and limitations placed on          imp
                     normally assumed by a public                  both parties.                                  tures.
                     agency, including the power of emi-           0 The power of eminent domain al-              Most special tax districts are estab-
                     nent domain. The establishment of             lows the private development corpo-            lished by local governments ac-
                     the corporation is subject to ap-             ration to overcome problems of land            cording to specific criteria that are
                     proval by the local government.               acquisition. This significantly re-            outlined in enabling legislation. An
                                                                   duces the developer's risk in project          example is the Michigan Plant Re-
                     The -redevelopment corporation                .  plementation.                               habilitation and Industrial Districts
                     then submits a request to local offi-         'm                                             Act of 1974, which requires a city to
                     cials for the area of the proposed            The primary negative aspect of the             make a determination that 50 per-
                     redevelopment to be declared                  Missouri law is that it is useful only         cent of the property in the district is
                     blighted and subject to redevelop-            for large-scale projects that have             "obsolete" before special status is
                     ment. If this status is granted, then         solid financial backing. Substantial           granted. In some cases, property
                     the project qualifies for certain             preliminary costs for plan prepara-            owners in a proposed area may
                     property tax advantages:                      tion, land acquisition, and project            petition the local government for
                     * During the first 10 years, the      cor-    administration tend to limit use of            special tax district status. When this
                     poration pays taxes on the value of           the law to relatively large corpora-           occurs, a majority of the landowners
                     the property at the time of acquisi-          tions.                                         must be in agreement, and the area
                     tion. No additional taxes are paid on         Another shortcoming is the relatively          must meet the established criteria in
                     improvements made to the site dur-            limited potential in this scheme for           order to qualify. Once a special tax-
                     ing that time.                                inclusion of housing in redevelop-             ation district is proposed, a formal
                     * In the next 15 years, the land and          ment proposals. Traditionally,                 review is mandatory, which includes
                     improvements made on the site are             housing is a low-return investment             public hearings where all property
                     taxed at 50 percent of the assessed           compared with commercial or in-                owners in the district can testify. The
                     value.                                        dustrial land development. Under               local government will then approve
                     * After 25 years, the corporation             high-interest loan conditions, it may          or disapprove the application.
                     pays full taxes on the property.              be difficult to include housing as             Special tax districts can be im-
                                                                   part of mixed-use development pro-             plemented in a variety of ways, but
                     The tax incentive program, espe-              posals.                                        each has the common purpose of
                     cially when implemented on a large                                                           encouraging private investment in
                     scale, can provide substantial finan-                                                        areas targeted for development. The
                     cial incentive to private investment.                                                        most common type of district is one
                     In addition to these monetary ad-                                                            that reduces property taxes for spe-
                     vantages, the private development                                                            cific time periods. The assumption is
                     corporation approach provides other                                                          that a lower tax rate will be an in-
                     types of advantages that may facili-                                                         centive for new businesses to locate
                     tate project implementation.                                                                 in the area. Another approach,
                                                                                                                  which primarily effects existing de-
                                                                                                                  velopments, is to exclude the value
                                                                                                                  of improvements made to a site
                                                                                                                  from the overall tax assessment.

                     64

             The use of tax districting can result          0 Each year, the additional tax rev-          The long-term nature of the incre-
             in an effective and equitable                  enue generated by higher assessed             ment bonds demonstrates a com-
             stimulus to the private sector, since          property values in the redevelop-             mitment on the part of local gov-
             all owners within a district are               ment district (the amount above the           ernments to revitalize urban areas.
             treated alike, and spillover effects           base level) is collected separately           This can be an important factor in
             from public improvements or new                from other taxes, and is used spe-            attracting other investments to the
             private investment have the same               cifically to retire the bonds issued to       area. In addition, these projects
             impact on all property owners.                 help finance the redevelopment                normally produce immediate and
                                                            project or to directly pay some of            highly visible results, where returns
             Tax Increment Financing                        the project costs.                            on investment are realized soon
             Urban redevelopment projects often             e When all outstanding debt is re-            after occupancy of the new struc-
             result in substantial increases in local       paid, the tax increment process               tures.
             property values, both on the actual            ceases. Thereafter, the increased as-         There are also some negative as-
             site, and in the surrounding area.             sessed value from the project creates         pects of tax increment financing. It
             Depending on the local laws, these             additional tax revenues for the local         may not be possible to integrate
             higher assessments can generate                government or results in a lowering           such programs with other tax incen-
             greater property tax revenues for              of general property tax rates.                tive proposals that encourage pri-
             local governments, and tax incre-              Tax increment financing has proven            vate investment. In addition, pro-
             ment financing is a method of tem-             most useful in projects where rela-           jects funded in this manner must
             porarily using these increased as-             tively high-value business activities         clearly obtain land uses that are rea-
             sessed values to provide funds for             dominate. Industrial and commercial           sonably certain to produce sufficient
             redevelopment projects.                        office buildings and shopping cen-            tax revenues to meet debt repay-
             Tax increment financing establishes            ters are the most common applica-             ment schedules. This tends to limit
             a method of financing urban rede-              tions, although housing can also be           the range of elements that can be
             velopment projects outside the gen-            integrated into these development             included in redevelopment propos-
             eral fund of a local government,               proposals. These types of land uses           als.
             which is derived principally from              must be included so that a suffi-             The need to convince potential
             property taxes. This technique iso-            ciently large tax increment will be           bond investors that the development
             lates the additional property tax.rev-         insured and the outstanding debt will         needed to repay the bonds will, in
             enues produced by redeveloping                 be retired within a reasonable time.          fact, occur also discourages the use
             and upgrading deteriorated prop-               There are many positive implications          of tax increment bonds to finance
             erties, and uses these revenues to             for local governments that choose to          initial or "up front" costs. Investors
             repay the costs, including retirement          use this technique. Tax increment             in bonds prefer to have the de-
             of the municipal bonds that were               projects are designed to enhance the          velopment completed or at least
             sold to finance construction of the            economic vitality of depressed cen-           substantially underway before the
             public's share in the project. A gen-          tral city commercial areas. They can          bonds are sold. Consequently, other
             eral description of the procedure              be especially useful for revitalizing         sources of money are sometimes
             follows; state laws differ in some             deteriorating waterfronts situated            necessary to finance initial costs.
             details.                                       near older commercial and industrial          It is sometimes necessary to wait for
             0 A local government adopts a plan             enterprises with a high potential for         private development to occur. The
             for a redevelopment area and sells             adaptive reuse.                             I increased taxes from this develop-
             special tax increment bonds to fi-             In addition, this approach requires           ment then can be used to finance
             nance the necessary capital outlay             that those who benefit directly from          the project's public costs. Finally, tax
             for facilities such as streets, bulk-          public investment in urban rede-              increment financing may require
             heading, parking, or land acquisi-             velopment pay the majority of the             special legislation that specifically
             tion.                                          initial costs involved. This is a more        grants local governments the power
             0 A redevelopment district is estab-           equitable arrangement than funding            to use this technique.
             lished in which the property values            by general obligation bonds where
             of all parcels within the district are         all taxpayers bear the expense                Portland, Ore., has recently used tax
             considered to be "influenced" by               equally. This technique may provide           increment financing as part of its
             one or more of the projects. In other          a new source of revenue that a                plans for renewal of the downtown
             words, property values within these            community can use without the                 business area and adjacent wa-
             boundaries are expected to rise as a           need for special bond elections.            In terfront.
             direct result of the project. The total        times of tight budgets and anti-
             value of the property in the area is           taxation sentiments, this can be criti-
             assessed and this becomes the "tax             cal for local governments.
             base" for the district.

                                                                                                                                                      65

                       KA Case Study
                       Portland Downtown Urban Waterfront Renewal Plan

                       The Portland Development Com-              Encouraged by the previous succes-          With these developments underway
                       mission is the city's designated           ses, and guided by the overall direc-       and more anticipated, Portland sold
                       urban renewal and development              tion established by the downtown            $10 million in urban renewal tax in-
                       agency. It is responsible for imple-       plan, two additional plans were de-         crement bonds during 1976, and
                       menting Portland's Downtown Wa-            veloped that combined downtown              another $15 million in 1978. These
                       terfront Urban Renewal Plan, which         redevelopment with provisions for           funds were used to finance the first
                       includes approximately 300 acres on        recreation and access along the             two phases of the Waterfront Park,
                       the west bank of the Willamette            urban waterfront. The first was the         preservation and improvements in
                       River. The project contains 35 acres       Downtown Waterfront Urban Re-               two historic districts within the urban
                       of linear waterfront park, part of a       newal Plan, and the second was the          renewal area, land acclusition for a
                       nearby railroad yard, and much of          Waterfront Park Plan.                       parking structure, and other related
                       the eastern portion of the central                                                     actions.
                       business district (see map).               Tax Increment Bonds
                       Background                                 In April 1974, the city council             Results
                                                                  adopted the Downtown Waterfront             Major private development began
                       Portland's current downtown rede-          Urban Renewal Plan, which desig-            shortly thereafter. The U.S. National
                       velopment effort began in December         nated a large portion of the wa-            Bank of Oregon and a federal office
                       1972 when the city council adopted         terfront and surrounding commercial         building built for and leased by the
                       the "Downtown Plan," which in-             district as a- redevelopment area.          General Services Administration
                       cluded goals and guidelines for the        The plan was general in nature, rec-        added $23 million to the assessed
                       entire downtown area. The plan             ognizing that details would be filled       valuation of the area by 1977. Far
                       contained suggestions to develop a         in as the planning process con-             West Federal Savings and Loan As-
                       Waterfront Park.                           tinued. Later that year, the citizens       sociation and Portland General
                                                                  of Portland voted to remove the             Electric constructed facilities valued
                       Prior to this, Portland had begun          legal restrictions that limited the use     at $60 million. These projects alone
                       downtown revitalization through the        of tax increment financing and              have generated nearly $2 million a
                       Auditorium Urban Renewal Project           opened the way for its use in the           year in added tax revenues for the
                       to revitalize an area not far from the     combined central business district          city.
                       waterfront. Included in the renewal        and waterfront program.
                       were a civic auditorium, pedestrian                                                    The initial phases of the Waterfront
                       malls, a new office and housing de-        In 1975, a completed master plan            Park have recently been completed,
                       velopment, and a noted fountain            for the waterfront was officially           and the third phase is under con-
                       designed by Lawrence Halprin. The          adopted by the city council, along          struction. The park is scheduled for
                       success of these projects, and the         with a plan for downtown transpor-          development over another three- to
                       subsequent tax revenues that were          tation and parking. The plan called         five-year period and will eventually
                       generated, created a positive atmos-       for a series of public improvements         include an esplanade on the river-
                       phere for more extensive rede-             that would encourage private in-            front, plazas, extensive open grassed
                       velopment and encouraged the city          vestment in the downtown area,              areas, a public boat facility, commu-
                       to take broader steps towards re-          such as replacing a four-lane high-         nity activity centers, and a larger
                       vitalizing other parts of its              way with a mile-long waterfront             center suitable for restaurants, retail
                       downtown, including proposals for          park, providing free bus service in         activities, and entertainment.
                       the nearby Willamette riverfront.          the downtown, and constructing
                                                                  short-term parking garages to serve
                                                                  downtown patrons. The added rev-
                                                                  enues from the private development
                                                                  could then be used to fund commu-
                                                                  nity improvements and a portion of
                                                                  the waterfront park.

                       66

                                                     PORTLAND
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                                                    DOWNTOWN
                                                    WATERFRONT                                                  1111.1-IRRIE1                                                                                              A      PHISTOFUC
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                                                                                                                                                                                  0 111-P, "I                                     STREET

                   The Portland, Ore., waterfront redevelopment project in relation to the central city and Willamette River.
                                                                                                                                                                                        @Iv

                   Contact:
                   Portland Development Commission
                   1500 S.W. First Avenue
                   Portland, Ore. 97201
                   (503) 248-4800

                   References:                                                                                        _'Ax@
                   Completing               the     2nd Decade-A
                   Progress Report from the City Of
                                                                                  on,
                   Portland Development Commissi
                   City of Portland Development
                   Commission, 1979.

                   Downtown Waterfront Urban Re-
                   newal Plan, City of Portland De-
                   velopment Commission, 1978.

                                                                                                                                                                                                                                                    LL.
                                                                                                                             A"
                   Waterfront Park in Portland allows citizens
                   to enjoy the cleaned Willamette River.                                                                             a

                                                                                                                                                                                                                                                67

                                                                                                           Regulatory Simplification
                                                                                                           The regulatory patchwork that ac-
                      San Diego County                                                                     celerated during the late 1960s and
                                                                                                           early 1970s was, in part, a response
                      In recent years, private developers in Southern California have been                 to environmental concerns and a
                      creating new urban designs that no longer fit the standard zoning                    public desire for greater participation
                      classification used in most communities. Many of these designs include               in local land-use decisionmaking. In
                      clusters of different residential densities integrated with various retail           urbanized areas, these additional
                      and commercial activities on the same site.                                          regulatory measures were placed on
                                                                                                           top of existing zoning ordinances,
                      County planners, supportive of the innovative ideas, were frustrated by              building codes, and other require-
                      the failure of traditional zoning to accommodate the unusual siting                  ments. In many jurisdictions, the re-
                      requirements of these new designs. They set out to revamp their zoning               sult has been a complex maze of
                      system to make it more flexible and sensitive to current market                      overlapping, and sometimes con-
                      pressures.                                                                           tradictory, regulatory specifications
                      In November 1978, the San Diego Board of Supervisors approved a                      and permit requirements from vari-
                      revised zoning format that utilizes the basic categories of traditional              ous levels of government.
                      zoning, but packages them in a system referred to as the "building                   Urban waterfronts are directly af-
                      block approach." The basic goal of the building block approach is to                 fected by these additional regula-
                      provide the necessary flexibility required to accommodate multi-use                  tions, especially in cases where
                      developments, while retaining a measure of stability and accountability              dredging, filling, or construction in
                      in the regulation of urban land use. The system sets up three major                  floodplains is included in project
                      types of zoning units: use units, development units, and special area                proposals. The Army Corps of En-
                      units.                                                                               gineers, Fish and Wildlife Service,
                      A zoning "unit" defines the basic type of land use that will be permitted,           Environmental Protection Agency,
                      such as residential, commercial, or agricultural. The amount of                      and Coast Guard, as well as state re-
                      flexibility in combining various land uses increases with each type of               source management agencies and
                      unit. Use units are the most restrictive, allowing only one type of use per          local governments have an interest
                      zone. Development units are more inclusive, allowing different types of              in dredging and filling activities near
                      land uses within a zone with height, bulk, density, and open space                   urban waterfronts throughout the
                      specifications. About ten different groupings are possible for each                  nation. These interests are often not
                      development zone.                                                                    the same. The result is a system of
                                                                                                           permit requirements and regulatory
                      The final category is the "special area unit," which is similar to the               controls than can take months or
                      floating or overlay zones described in the section on alternative zoning             years to pursue. Cumbersome reg-
                      techniques. Special area units are designed for unique areas, such as                ulatory procedures can therefore
                      beaches, floodplains, scenic areas, and planned development areas. They              obstruct implementation of urban
                      allow developers and community officials a high degree of discretion in              waterfront projects.
                      land use development decisions in the zone.                                          There are ways in which the regu-
                      Building block zoning has proven to be an effective approach in San                  latory system can be streamlined or
                      Diego, because of the flexibility that the system allows in responding to            otherwise improved as a means of
                      private development interests. It allows a simple, direct format and is              encouraging waterfront redevelop-
                      not difficult or expensive to adopt. Recently, Orange and Fresno                     ment. Examples of innovative regu-
                      Counties have begun a review of their zoning ordinances with an eye                  latory systems already exist. These
                      towards the San Diego example.                                                       cases should be used as references on
                                                                                                           which to base regulatory refonn
                      References:                                                                          rather than as models that can be re-
                      Thirteen Perspectives on Regulatory Simplification, Urban Land                       produced in all situations. The nature
                      Institute, Research Report 29. Washington, D.C. 1979.                                of permits and regulations is such that
                                                                                                           each system must be adapted to a
                                                                                                           particular set of circumstances.
                                                                                                           must be adapted to a particular set
                                                                                                           of circumstances.

                      68

                                                  Ile Michigan Experience
                                                  The State Division of Land Resource Programs is the lead agency in
                                                  Michigan for dredge and fill permit applications. In recent years, the
                                                  number of applications has grown to nearly 2,500 per year. This
                                                  volume, combined with increased public participation in the review
                                                  process, resulted in an inefficient regulatory system. In 1977, the state
                                                  began to take steps to alleviate the problem by consolidating some
                                                  permits, and improving the permit information network.
                                                  The first step was creation of a joint application process between the
                                                  Army Corps of Engineers and Michigan's Department of Natural
                                                  Resources. This eliminated duplicative paperwork for an applicant, and
                                                  improved coordination between state and federal officials. The Division
                                                  of Land Resources Programs also took steps to improve efficiency by
                                                  increasing its permit processing and field enforcement staff.
                                                  In addition to improving the permit mechanism, the state wished to
                                                  expand the information network that accompanies the permit process,
                                                  in order to further improve decisionmaking and enforcement of state
                                                  statutes relating to shorelines. In March 1977, the Michigan Coastal
                                                  Zone Management Program financed development of the Coastal and
                                                  Inland Waters Permit Information System. This computerized system
                                                  has four basic functions:

                                                  0 It supports permit processing by identifying all necessary application
                                                  procedures for specific county, section, range, and township, as well as
                                                  primary attributes of location, such as geographic area, body of water,
                                                  and project type.
                                                  0 It tracks applications that are being processed and provides
                                                  comprehensive information on the status of all applications, permits,
                                                  and conveyances that have been granted.
                                                  0 It provides information regarding workload in regional offices and
                                                  Department of Natural Resources headquarters.
                                                  0 It meets external reporting requirements, such as a list of new permit
                                                  applications, and responds to inquiries from public, state, and local
                                                  agencies.

                                                  The system will also identify special areas of concern, such as
                                                  erosion-prone sites, wetlands, unique habitats, or spawning areas, and
                                                  the agencies that make decisions about these areas.
                                                  Implementation of this system with the Corps of Engineers-state permit
                                                  process, expanded state staff, and use of the computer has reduced
                                                  processing time from 90-120 days to approximately 20 days for most
                                                  applications.

                                                  Contact:
                                                  Michigan Coastal Management Program
                                                  Land Resource Programs Division
                                                  Department of Natural Resources
                                                  Steven T. Mason Building
                                                  Lansing, Mich. 48926
                                                  (517) 373-1950

                                                                                                                          69

                                                                   Public Facilities                            As part of a development agreement
                                                                   Areas targeted for urban                     with Chessie Resources, Inc. and
                                                                   redevelopment are usually in the             Oliver T. Carr Co., the Norfolk
                                                                   older, deteriorated parts of a               Redevelopment and Housing
                                                                   community, characterized by                  Authority is providing a series of
                                                                   outdated and faulty public facilities.       public improvements using $20
                                                                   Improving these dilapidated streets          million in community block grant
                                                                   and poor quality utilities is a major        money from the Department of
                                                                   part of the overall expense in an            Housing and Urban Development.
                                                                   urban redevelopment project.                 The improvements include streets,
                                                                                                                walkways, utilities, drainage, and
                                                                   Urban waterfronts frequently have            landscaping, as well as bulkheading
                                                                   problems involving such public               at the harbor to protect aginst
                                                                   facilities, but waterfronts also have        erosion and tidal flooding. AJso
                                                                   unique requirements, including               included are two 100-car parking
                                                                   bulkheading and pier                         garages that will serve the harbor
                                                                   reconstruction, that result in               project and the nearby Granby Mall
                                                                   additional expenses for urban                downtown revitalization project.
                                                                   waterfront redevelopment. In many
                                                                   cases, the additional costs are so           The projected investment for public
                                                                   high that they make the venture              facilities represents one-quarter of the
                                                                   unprofitable or scare off the                $120 million cost of the project. This
                                                                   investor, and the proposal is never          is a substantial incentive to the private
                                                                   implemented.                                 developer, and illustrates the enor-
                                                                                                                mous costs that can accrue when
                                                                   City planners are beginning to               major public improvements are re-
                                                                   realize that financing the majority of       quired in urban waterfront projects.
                                                                   urban redevelopment projects is              The private incentive arrangement
                                                                   beyond the means of local budgets,           was a key element of the project pro-
                                                                   especially if they include waterfront        posal and has led to the implementa-
                                                                   elements such as bulkheading. As a           tion of an urban waterfront project
                                                                   result, several communities have             that eventually will provide substantial
                                                                   offered to pay for these public              increases in the local tax base, a
                                                                   facilities as an incentive to attract        number of jobs, and increased
                                                                   private investment. This approach            pedestrian access to the waterfront.
                                                                   has recently been used in Norfolk,
                                                                   Va., at the Freemason Harbour site.          Other communities have provided
                                                                                                                public facilities as a means of
                                                                                                                encouraging private redevelopment.
                                                                                                                New York City, for example, will
                                                                                                                provide major utility improvements
                                                                                                                at South Street Seaport; St. Louis
                                                                                                                has spent over $1 million at
                                                                                                                Laclede's Landing for public
                                                                                                                facilities; and Portland, Me., has
                                                                                                                spent public funds to improve its
                                                                                                                passenger ferry landing.

                     NOAA

                       70

              The Water Tower -John's Landing:
              Portland, Oregon
              Private interests have awakened to profit possibilities in older urban
              sections, including waterfronts. The following description was prepared
              by a mortgage banking firm and is adapted from a publication of the
              Mortgage Bankers Association of America titled Urban Revitalization
              Handbook (Washington, D.C., Urban Investment Committee, Mortgage
              Bankers Association, 1125 15th Street, N.W., Washington, D.C. 20005,
              148 pages).
              In March 1976, United California Mortgage Company arranged
              permanent financing of $2.3 million for the first phase of a 75-acre
              private riverfront redevelopment project known as John's Landing in
              Portland, Ore. Master planning began in 1969 with the initial purchase
              of land. Special attention was given to minimize the relocation of
              families living in the area.
              The developers conceived Johns Landing as an experiment similar to
              San Francisco's Ghirardelli Square. The first phase involved an old
              three-story furniture factory built in 1904 that was renamed the Water
              Tower. It was renovated to provide a nostalgic setting for offices, shops,
              pubs, and restaurants. To further modernize the facility, the developers
              constructed a two-level concrete parking garage and built an outside
              glass elevator shaft etched with early Portland scenes that provides a
              panoramic view of the complete Johns Landing project. It was
              completed in March 1976.
              A Village Center consisting of additional waterfront restaurants and a
              motor inn is planned. Residential units - both condominium and
              rental -comprise a portion of Johns Landing. The housing offers an
              alternative to suburbia without resorting to high-rise buildings.
              Recreational facilities include a platform tennis court and pathways for
              biking. Construction of additional office and commercial space is
              underway.
              Economic Analysis
              At the time of loan the Water Tower was en-L'-rely leased, with additional
              retailers on a waiting list. Rents averaged $6 a square foot. The market
              strategy was to lease space at reasonable minimums to generate and
              maintain activity. Retail leases in the Water Tower call for an annual
              adjustment based on the movement in the Portland area price index,
              and increased utility costs are immediately passed on to all building
              tenants.

              It is estimated that in about ten years the building should have a net
              worth of $100-$120 million.

              Included in Johns Landing are esplanades and bike and pedestrian ways
              close to the water, boat landings, new restaurants, and other facilities
              that have already guaranteed the survival of the nearby neighborhoods.

              Additional Information:
              John C. Opperman, President
              United California Mortgage Company
              Suite 2401
              One Embarcadero Center
              San Francisco, Calif. 94111

                                                                                                                               71

         Chapter VI Federal
         Financial Assistance

                                                  ow

          72

               For those not familiar with federal              The Planners' Guide to Private              Funding Case Studies
               procedures, the process of obtaining           Sector Reinvestment, Planning Ad-             One of the realities of community
               a federal grant can be confusing and           visory Service Report No. 840,                development is that there are no
               time-consuming. Efforts have been              American Planning Association,                longer federal catagorical grant pro-
               made in recent years to cut out                1313 E. 60th Street, Chicago, Ill.,           grams that will fund entire urban re-
               some of the paper work, but the fact           60637. A publication on private               development projects. In most
               remains that dealing with federal              loan and finance arrangements for             cases, federal agencies are spending
               agencies requires some knowledge               neighborhood investment and re-               their money on projects that will be
               of their language and their proce-             vitalization.                                 combined with or stimulate invest-
               dures.                                         * Mixed-Use Developments-New                  ment by the private sector. As a re-
               This chapter will provide the project          Ways of Land Use, Technical Bulle-            sult, it is difficult to obtain sufficient
               manager, community leader, and                 tin No. 71, Urban Land Institute              capital from a single agency that will
               citizen activist with an introduction          Washington, D.C., 1976. A boo@ on             cover today's high capital invest-
               to federal assistance programs that            large-scale, mixed-use development            ment costs, Increasingly, cities are
               can be used to develop urban wa-               finance and land assembly.                    looking to piece together smaller
               terfront projects. Aid is available for                                                      sums from a wide variety of sources.
               a variety of projects, whether large           Some federal agencies, such as the            The purpose of this section is to il-
               or small, and of whatever design.              Department of Housing and Urban               lustrate how two communities,
                                                              Development, the Economic De-                 Seattle, Wash., and Portland, Me.,
               In some circumstances, private in-             velopment Administration, and the             were able to combine funds from
               vestors are able to proceed without            Small Business Administration, con-           federal, state, and local sources for
               federal aid. Detroit's Renaissance             tract with the National Development           their urban waterfront redevelop-
               Center, for example, was planned               Council, a private consultant group           ment projects.
               entirely through private sources.              in Washington, D.C., to help local
               However, most cities have used one             governments through the various               Following the case studies is a ma-
               or more sources of federal financial           steps in the grant process. The serv-         trix showing 28 federal grant-in-aid
               assistance in their waterfront rede-           ices of this group are paid by the            programs. This matrix illustrates
               velopment projects.                            federal agency through which the              what each grant program can be
               For city officials and others familiar         services are solicited.                       used for, total funding in fiscal year
               with the major sources of federal              The National Development Council              1979, and the percentage of local
               funds, for example, the programs of            has participated in revitalization of         government match,ing funds re-
               the Department of Housing and                  small- and medium-sized cities                quired.
               Urban Development, the guide may               through its Washington headquar-              The programs chosen for brief de-
               help identify additional sources that          ters and offices in six other major           scription include the principal
               may be used. For leaders of citizens           urban centers. For further informa-           sources of aid for -virtually any as-
               organizations just starting out, this          tion, contact:                                pect of waterfront redevelopment.
               section will identify which programs
               might help in the critical early plan-         National Development Council                  Following the matrix is a description
               ning stages, and the points of con-            1025 Connecticut Avenue, N.W.                 of each federal program and a list of
               tact for finding out about them. For           Washington, D.C. 20014                        key publications for further refer-
               developers interested in a possible            (202) 333-5142                                ence (beginning at Appendix A).
               waterfront investment, the section
               will serve to advise what kinds of aid
               can be obtained to provide the pub-
               lic facilities that might be necessary
               to make a redevelopment project
               feasible.

               General discussions of public and
               private investment in urban areas
               have been presented in two publi-
               cations that would be helpful to any
               group considering an urban,
               mixed-use waterfront project.

                                                                                                                                                       73

                     KA Case Study
                     Seattle                                   The idea of including a park on the        The city purchased property running
                     The primary concentration of Seat-        central waterfront dates back to           from Piers 57 to 61 in the early
                     tle's waterfront revitalization has       1911, when the city's Municipal            1970s for the waterfront park. Con-
                     been along its central waterfront         Plans Commission included a park           struction took place through 1975,
                     area, a few blocks west of the cen-       as part of a $17.5 million rede-           when the park was officially dedi-
                     tral business district. Four of these     velopment proposal for the wa-             cated. Rehabilitation of Pier 57 is
                     projects have received substantial        terfront area. Although the total plan     now complete, and a variety of
                     assistance from governmental agen-        was turned down by city voters, the        shops and restaurants are leased to
                     cies in addition to private invest-       idea of a public open space on the         private businesses. Access to the
                     ment: Central Waterfront Park,            working waterfront remained alive.         water is provided around the
                     Seattle Aquarium, Pike Market                                                        periphery of the pier. The tip of Pier
                     Urban Renewal Project, and Pier 66        During the 1940s, use of the central       57 is a popular spot for fishing and
                     Redevelopment Project.                    waterfront as a deepwater port de-         picnicking. Pier 59 contains retail
                                                               clined, and many of the narrow             shops, office space, a book store,
                     Cenftal Wate&ont Park                     piers, most of them privately owned,       and a movie theater.
                     The Central Waterfront Park is a          were used as parking lots and ware-
                     22-acre mixed-land use area that in-      houses, or were demolishedor               Financing
                     cludes Piers 57 and 59 along Seat-        abandoned.                                 The original bond proposal called
                     tle's Elliot Bay on Puget Sound. The      In 1957, the city adopted its first        for allocation of $5 million for ac-
                     park was constructed between 1973         comprehensive plan, which con-             quisition and development of ap-
                     and 1975 to provide public open           tained a special waterfront element.       proximately 15 acres of public park
                     space at the water's edge and en-         A waterfront advisory committee            and recreational facilities in the area
                     courage public and private rede-          was formed by the mayor, and de-           of Piers 50 to 63.
                     velopment in the surrounding area.        tailed studies were undertaken.            Community leaders, however,
                     The park provides approximately           Between 1958 and 1965 several              realized that the money would not
                     1,500 linear feet of continuous pub-      proposals were made for a wa-              be enough to completely revitalize
                     lic access and is used for a variety of   terfront park, but funding needed          this large area. Funding for the park
                     recreational activities, including        for pier acquisition and construction      was seen as seed money to attract
                     fishing, picnicking, and sightseeing.     was not available.                         other public and private funds in the
                     There are retail stores on both Piers                                                  arby area.
                     57 and 59, and the aquarium and           In 1966 and 1967, local officials as_      ne
                     related educational facilities are lo-    sembled a countywide $118 million          The strategy was to implement the
                     cated within the park (see photo).        parks and recreation bond proposal         waterfront park plan in several
                                                               called "Forward Thrust." Included          phases. The first was the nucleus of
                     Background                                in this bond package was $5 million        the park itself, which includes a
                     The central waterfront was the focus      for development of a Central Wa-           large open space with a fountain
                     of Seattle's commercial activity since    terfront Park. In February 1968, the       and a spectacular view of Puget
                     the first wharfs were constructed in      park was approved by the voters,           Sound and the Olympic Mountains.
                     the 1850s. The area expanded              and construction plans were begun.         Second was the reconstruction of
                     rapidly until 1889, when the Great                                                   Piers 57 and 59 to provide some
                     Fire destroyed all of the waterfront                                                 revenue from lease agreements with
                     structures. Despite public concern                                                   private concessionaires at an early
                     about the waterfront's future and                                                    point in the project's development.
                     preparation of several plans for the
                     area, the waterfront was rebuilt on a
                     piecemeal basis.

                     74

             A primary goal was to provide
             commercial activities that would en-       Table 2
             hance the recreational environment.        Financial SummaW - Wate&ont Park
             In addition to the $5 million in
             bonds, $1 million was added from
             interest and supplemental funding          King County Bond Issue                          $5,000,000
             sources. Another $400,000 in com-          Interest                                          1,076,000
             munity block grant funds from the          Community Development
             Department of Housing and Urban              Block Grant (HUD)                                 400,000
             Development was added for pier             State Interagency Committee
             rehabilitation, and $367,000 from            for Outdoor Recreation                            367,000
             the State Interagency Committee for        Economic Development
             Outdoor Recreation was obtained              Administration (Commerce)                         300,000
             through the state. Smaller grants
             were also obtained from local                                                              $7,143,000
             groups such as the Jaycees, which
             contributed $4,000 for picnic tables.
             In 1978, the city received $300,000
             from the Commerce Department's
             Economic Development Administra-
             tion for parking facilities and for traffic
             improvements.

                                     N
                                     IN, 1-

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             Elliot Bay Park in Seattle is beside a grain terminal.

                                                                                                                                  75

                     Seattle Aquarium                           The aquarium now occupies the site          Pike Place Market Urban
                     The Seattle Aquarium is a major            of Pier 60. It has exhibits in the          Renewal Project
                     entertainment and educational facil-       center of Pier 59. Exhibits include a       The Pike Place Market is a 22-acre
                     ity for both tourists and local resi-      working fish hatchery and walk-             mixed-use development located di-
                     dents. Its unique design places the        through interpretive displays of the        rectly above the Waterfront Park/
                     visitor "under the sea" as the vari-       marine coastal environment, A               Aquarium site. It is connected to the
                     ous ocean specimens swim around            major goal of the aquarium is to            waterfront by means of a block-long
                     and overhead. The aquarium is one          teach people about the marine life          landscaped pedestrian walkway.
                     of the waterfront's major attractions,     Of the Northwest and Puget Sound,
                     drawing over 700,000 vistiors in           and the roles these seagoing in-            The site provides a superb
                     1979.                                      habitants play in the environment.          panorama of Elliot Bay, Puget
                                                                                                            Sound, and the Olympic Mountains.
                     Development of the aquarium was a          Construction of the aquarium over           In 1974, the city began a major
                     highly controversial issue between         the water greatly increased de-             federally-assisted urban renewal ef-
                     1966, when it was authorized by $3         velopment costs, and the project            fort at the market, including sub-
                     million in Forward Thrust Bonds,           was allocated an additional $2.5            stantial renovation and rehabilitation
                     and 1977, when it was actually con-        million in bond interest for comple-        of existing structures. Within the
                     structed. The controversy was over         tion of the $5.5 million project.           project area is the Pike Market His-
                     location. Many influential persons                                                     toric District, a seven-acre block of
                     wanted the aquarium far to the                                                         historic structures which was placed
                     north of the Central Business Dis-                                                     on the National Register of Historic
                     trict, at a park named Golden Gar-                                                     Places in 1971. The accompanying
                     dens. In 1971, they were supported                                                     maps show the relationship of the
                     by a city council vote, but in Oc-                                                     Historic District to the overall Pike
                     tober of that year, a citizens' initia-                                                Place Urban Renewal Project area
                     tive prohibited construction at Gol-                                                   and waterfront.
                     den Gardens. The alternative
                     selected by the council was to incor-                                                  Background
                     porate the aquarium into the                                                           The Market has been a Seattle in-
                     downtown waterfront area.                                                              stitution since 1907 when local
                                                                                                            farmers first brought their wagons
                                                                                                            full of fresh fruits and vegetables to
                                                                                                            the corner of Pike Street and West-
                                                                                                            ern for sale directly to consumers.
                                                                                                            From those early years, the Market
                                                                                                            evolved into a series of multi-level
                                                                                                            structures containing a variety of
                                                                                                            retail shops, arcades, rental stalls for
                                                                                                            crafts and produce, restaurants, and
                                                                                                            fish markets.

                     76

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                                                                              its;

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                                                              -mom

                                                                   ... ... . ....

                                                                                                                 v

                                                                                                               zrl

             Pike Street Market, a Seattle landmark. Port of Seattle Park.

             The height of activity at the market     Place continued to deteriorate and       Pike Place Market Financing
             occurred during the years just before    several proposals surfaced to de-        By 1969, an urban renewal plan
             World War 11, when over 500 ven-         molish the structures and replace        that would have significantly
             dor permits were issued annually.        them with apartment buildings and        changed the character of the area
             The war seriously interrupted busi-      parking lots. These plans were met       was adopted by the city council and
             ness, and the Market never fully re-     with strong opposition by commu-         was funded by HUD, but plans were
             covered. During the 1950s, the           nity leaders and were never im-          interrupted by the passage of an
             Market became a losing enterprise        plemented. In 1965, city planners        historic district initiative in 1971.
             for the city, and in 1957, the city      began considerations for an urban        This citizen action changed the na-
             council voted to suspend funds for       renewal program for the Market.          ture of the planning effort, and em-
             maintenance and upkeep. Through-                                                  phasized the goal of economic re-
             out the 1960s, the buildings at Pike                                              vitalization compatible with preser-
                                                                                               vation of the historic character of the
                                                                                               Market.

                                                                                                                                    77

                     In April 1974, a revised plan that in-
                     corporated the goals of the historic          Table 3
                     district ordinance was approved by            Pike Market Fact Sheet
                     the city council and urban renewal
                     was begun. The HUD grant made                 Public Investment
                     available $21 million for major
                     structural rehabilitation, historic
                     preservation, relocation, and land            Residential Area                                              350-400 units
                     acquisition. The city matched this            Mixed-Commercial Area                                  136,000 square feet
                     with $7 million in Community De-              Mixed-Commercial Historic
                     velopment Block Grant funds, also                Rehabilitation/Replacement Area                     106,800 square feet
                     from HUD.                                     Parking/Commercial Area (1050 spaces)                  106,200 square feet
                                                                   Park                                                    30,000 square feet
                     When HUD categorical grant pro-
                     grams were reduced in the early
                     1970s, the federal agency provided            Funding Sources
                     "closing grants" for the completion
                     of ongoing HUD projects. The Pike             -HUD Urban Renewal Grant                                       $21.0 million
                     Market received another $7 million            City of Seattle- Community Development
                     in 1973. Recently, the city applied              Block Grant                                                   $7.0 million
                     for a $7 million Urban Development            EDA- Local Public Works                                          $1.5 million
                     Action Grant to complete work in              State Historic Preservation Grant                                $0.1 million
                     the Historic District.                        SBA-Section 502 loans                                            $2.0 million
                     The city also used a $1.5 million             HUD-Section 312 loans                                            $0.5 million
                     grant from the Commerce Depart-                                                                              $33.0 million
                     ment's Economic Development                   Private Investment                                             $75.0 million
                     Administration, through its Local
                     Public Works Program, to construct
                     the Pike Market Hill Climb. This
                     landscaped pedestrian walkway               As part of the historic area rehabili-     Other Sources
                     provides attractive access to the           tation, the city obtained $500,000 in      In addition to acquiring funds for
                     Waterfront Park and aquarium.               loans from the Small Business Ad-          project development from a wide
                                                                 ministration that allowed local prop-      variety of public and private
                                                                 erty owners to finance their own           sources, the city has also obtained
                                                                 construction at low interest rates.        grants for related activities that will
                                                                 Commercial loans of $2 million were        complement the waterfront's new
                                                                 also obtained from SBA for first           vitality. In 1979, the city obtained a
                                                                 mortgage financing. These were             $1 million grant from the Transpor-
                                                                 matched 50/50 by the businesses            tation Department's Urban Mass
                                                                 themselves.                                Transportation Authority (UMTA),
                                                                 HUD low-income housing grants              for conversion of approximately
                                                                 were also obtained for 386 units.          one-and-one-half miles of railroad
                                                                 Private developers have constructed        track, and inclusion of a streetcar
                                                                 700 moderate- to high-income units         system that will shuttle people along
                                                                                                            the waterfront between Pier 48 and
                                                                 which makes the Market area a sub-         Pier 70. Track improvements and
                                                                 stantial urban neighborhood. Total         construction of the trolley stops are
                                                                 private investment in the Market re-       being designed, and the system is
                                                                 development is estimated at $75            expected to be in operation in 1980.
                                                                 million, primarily for rehabilitation
                                                                 and new commercial and residential
                                                                 development.

                     78

                                                                                                             Pier 66 Redevelopment
                                                                                                             A short distance north of the
                                                    Fi,M M-                                                  aquarium,,the Port of Seattle is de-
                                                                                                             veloping Pier 66 into a major
                                                                              C
                                                                              C
                                                                                                             mixed-use commercial facility. The
                                                                                                             project includes rehabilitation of the
                                        15'. %ce
                                            MarkW              IR                                            port offices, retail space, a restau-
                                                   Western Av*
                                                                                                             rant, a public viewing terrace, and
                                                                                                             an apron around the front of the
                                                                                                             pier providing 14,000 square feet of
                                                                                                             public access.
                                           ------------- a'
                                                               NeS*11                                        The project is intended to maintain
                                                                                                             the existing turn-of-the -century ar-
                                                                                                             chitecture, while blending it with
                                                                        Park
                                                                                                             new styling that will attract visitors to
                                                                                                             the site. The pier was constructed in
                                                                                                             1913 as the first publicly-owned
                                                                                                             wharf in the city. The primary pur-
                                                                                                             pose of the pier was to provide small
                                                                                                             shippers with docking and ware-
                                                                                                             house space. The building was used
                                                                                                             for cold storage for many years and
                                                                                                             has been the main office for the Port
                                                                                   @Pubfic Access            of Seattle since its construction. In
                                                                                                             1929, an automobile viaduct was
                                                                                                             constructed across the railroad
                                                                                                             tracks and the Alaskan Way High-
                                                                                                             way to provide access to Lenora
                                                                                                             Street and the port-owned prop-
                                                    s                                       71               erties in the Denny Regrade area
                                                                                    0 F
                                                                                                             above.
                                           VO, M,
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                                                                                                       EE

                    P,.

                              M

                                                                                        'Ir @6106cal District
                                                                                           Project Area

               Two maps of Seattle's waterfront, showing public access in blue along the piers and the
               two major entry ways from the central downtown business district to the waterfront. The
               detailed map shows the relationship of the Pike Place Market area (center) to the wa-
               terfront. The Alaska Way Viaduct and Alaskan Way form major barriers between the
               waterfront piers and the downtown.

                                                                                                                                                      79

                    The port estimates improvements to
                    the pier and pilings will cost $2 mil-
                    lion; an additional sum will be re-
                    quired for building facade and office
                    improvements. The port investment
                    will be matched by $15 million in
                    private funds by the Pier 66 Rede-
                    velopment Corp. for rehabilitation
                    and construction on both sides of
                    Alaskan Way. The spaces will then
                    be leased to various private busi-
                    nesses. The improved pier will be
                    available for cruise ships, fishing           Port of Seattle Building -Existing Situation
                    boats, historic vessels, tour boats,
                    and passenger ferries. The project      is
                    expected to be completed in 1982.
                    A major aspect of the project is the
                    participation of the Pier 66 Rede-
                    velopment Corp. This is a private
                    development corporation working in
                    conjunction with the Port Authority
                                                                                                      A
                    to implement the redevelopment
                    project. Detailed plans are still being
                    negotiated, but the port has begun
                    the major repair and renovation of            Port of Seattle Building - Proposed Renovation
                    the pier. The Pier 66 Corp. will lease
                    some renovated properties from the
                    port, and will purchase others on the
                    east side of Alaskan Way. These           References:
                    upland areas will be redeveloped by       Seattle Central Waterfront 11968-
                    both parties under a three- to four-      1971, Seattle Parks and Recreation
                    year phased program.                      Department,   1968.                                                          W I
                                                                                                        L
                    The city has also proposed to build a     Pike Place Urban Renewal Plan,                                         C OIZI
                    "people mover" to help pedestrians        City of Seattle Department of
                    get up and down the steep hill be-        Community Development, 1974.
                    tween the waterfront and downtown
                    along Mairion Street. A proposal has      Draft E.I.S. -Pier 66 Redevelop-
                    been made to UMTA for $1 million.         ment Corporation, Pier 66 Rede-
                                                              velopment Corporation, 1978.
                    Contact:                                                                            Pier 61 in Seattle-off limits.
                    City of Seattle Department
                       of Community Development
                    Downtown Projects Division
                    400 Yesler Building
                    Seattle, Wash. 98104
                    (206) 625-4496
                                                                                                                                   7 5- 1

                    80

               KA Case Study
               Pordand, Maine                             In 1975, Portland published "City           Relocation of Portland's privately-
                                                          Edges: Waterfront Improvement               operated island ferry service to
               Waterftont                                 Program." This report was prepared          modern facilities was another of the
               The Portland waterfront area      runs     by the Portland Planning Depart-            City Edges' recommendations. The
               east-west along the northern side of       ment and a consulting firm, Ander-          city has submitted an application to
               the Fore River and is bound by             son Notter Associates, Inc., with           the Department of Transportation's
               the river on the south and Commer-         funds provided by the National En-          Urban Mass Transportation Admin-
               cial Street on the north. The wa-          dowment for the Arts.                       istration for $2.8 million, to be com-
               terfront lies between the Maine State                                                  bined with state and local funds to
               Pier and the Portland/South Port-          As a result of the City   Edges report,     provide a $3.6 million facility for the
               land Bridge (Million Dollar Bridge).       a variety of projects have been in-         island ferry service. The city is also
                                                          stituted. A recommendation for              investigating Federal Highway Ad-
               The area between Commercial                zoning changes in the waterfront re-        ministration funds for this project.
               Street and the Fore River is devoted       sulted in approval of the W-1 wa-
               to a mix of marine and general in-         terfront zone.                              Coastal Zone Management funds
               dustrial activities such as fishery op-                                                were used during 1978 and 1979 to
               erations, the Maine pier (the area's       The recommendation to adopt a               study potential sites for a public
               major general cargo terminal), the         waterfront rehabilitation code re-          landing on the waterfront. Six sites
               Naval Reserve Training Center, the         sulted in the city using funds from         were identified and it was recom-
               International Ferry Terminal (pas-         the Office of Coastal Zone Manage-          mended that the site selection be
               senger, auto, and truck service to         ment to develop a "waterfront               postponed until relocation patterns,
               Nova Scotia), the Casco Bay Ferry          standards" code.                            caused by other major develop-
               terminal (serving the many outlying                                                    ments, are established.
               islands), waterfront restaurants and
               a new marina. Most of the wa-
               terfront property is in use; much of
               the industrial, warehousing and dis-
               tributional uses are not marine-
               related. Recent developments in the
               New England fisheries industry have
               led to increased use of the wa-
               terfront by the fishing industry.

                                                                                                                                            81

                    Private Development                          At the beginning of the project it be-       At the opposite end of the wa-
                    During the mid-1970s, a traditional          came evident that the lack of berth-         terfront is the city-owned Interna-
                    marine commercial center adjacent            ing was only one problem facing a            tional Ferry Terminal. This facility
                    to the Port Exchange and filled with         fragmented and inefficient fishing           serves two ferries running between
                    historically interesting Victorian           industry. It was also evident that a         Portland and Yarmouth, Nova
                    structures underwent a revitalization        proper analysis of the situation was         Scotia. In 1976 the city purchased,
                    into a retail/commercial center that         beyond the scope of the city. The            with Department of Housing and
                    has become a tourist attraction and          city applied for and received a tech-        Urban Development funds, the east-
                    a vital link between Portland's              nical assistance grant from the              erly end of the International Ferry
                    downtown and its waterfront. The             Commerce Department's Economic               Terminal for a proposed hotel.
                    result of the private investment in          Development Administration to                While this project did not reach frui-
                    the Old Port area has begun to               study the economic feasibility of            tion, the property has interested
                    spread directly into the waterfront.    A    public improvements to aid Port-             several potential purchasers. The
                    new 100-boat marina, several res-            land's fishing industry. The study           Army Corps of Engineers is starting
                    taurants, and residences have been           indicated that construction of mod-          maintenance dredging along the en-
                    attracted to the harbor area.                ern facilities at a competitive cost to      tire Fore River.
                                                                 the fisherman would require a mas-
                    Still other private investment has           sive dose of public money.                   Portland has a keen interest in the
                    been attracted to the waterfront for                                                      development of its waterfront. The
                    different reasons. Changes in na-            The result, the Portland Fish Pier           increased activity in the fishing in-
                    tional fisheries policies in 1976 re-        Project, is in its final stages. The city    dustry, renewed interest in
                    sulted in increased fish landings.           has obtained a $5 million commit-            container-port facilities, the com-
                    This, in turn, resulted in an upswing        ment from the Economic Develop-              muter needs of the island popula-
                    in investment in Portland's fishing          ment Administration and a $5.4 mil-          tion, and the general increase in
                    industry.                                    lion commitment from the state               public awareness of waterfront
                                                                 which, when coupled with $3.4 mil-           problems and needs have led the
                    Public Projects                              lion of city money and $6.6 of pri-          city to seek out solutions to costly
                                                                 vate investment, totals $20 million          and complex problems.
                    The largest public project on the            for the Fish Pier complex.
                    Portland waterfront is the develop-                                                       The use of Coastal Zone Manage-
                    ment of the Fish Pier complex. Ini-          The oldest publicly-funded activity          ment and Economic Development
                    tiated in 1975 by a group of local           on Portland's waterfront is the              Administration technical assistance
                    fishermen, the project has grown to          Maine State Pier. Traditionally, this        funds for planning and investigation
                    a $20 million investment, including          facility served the cargo handling           has led to capital grant requests
                    $14.4 million in public funds.               needs of the port. The past decade           from the Urban Mass Transportation
                                                                 saw a decline in general cargo ship-         Administration and the Economic
                                                                 ments in Portland, but recent market         Development Administration.
                                                                 changes and a possible change to
                                                                 containerized handling has led the
                                                                 state to allocate $950,000 for im-
                                                                 provements to the pier.

                    82

               Federal                                   Explanation of the Matrix                 Project Components (costs eli-
               Grant-in-Aid                              0 The program numbers across the          gible for federal funds)
                                                         top of the matrix refer to the pro-       0 Planning-data acquisition and
               Matrix                                    grams listed on pages 86-91.              research, site specific (only on site
               The primary sources of federal funds      0  Agency refers to the federal de-       for specific project) or comprehen-
                                                         partment or office responsible for        sive plans.
               for waterfront redevelopment proj-        administration of the program.
               ects have been from the Department                                                  0 Preliminary engineering.
               of Housing and Urban Develop-             0 Eligibility for aid (who may apply)     o Architectural design-sketches
               ment's Community Development              1. state government agency                and initial design.
               Block Grant and Urban Develop-            2. state and local agency                 0 Final engineering and architec-
               ment Action Grant programs, the           3. local government                       tural design-detailed engineering
               Commerce Department's Public              4. state and local governments or         drawings, blueprints, and design
               Works Assistance program of the              private interests                      specifications.
               Economic Development Administra-          5. state and local governments or         0 Legal and administrative-legal
               tion, and the Interior Department's          public non-profit organizations        consultation, administrative costs of
               Land and Water Conservation Fund          6  individuals                            program.
               from its Heritage Conservation and
               Recreation Service. In fiscal year        7. individuals, corporations, and In-     0 Land and building acquisition-
               1979, total funding available from           dian tribes                            fee simple acquisition.
               these three programs was $3.5 bil-        8. state and local governments, pn-         Construction equipment-rental,
                                                            vate and public non-profit organi-     0
               lion.                                        zations, and individuals               purchase, or lease.
                                                                                                   0 Personnel-part-time, fulltime,
               Other less obvious sources are also       0  Match requirements means the           wage and benefit packages.
               available to a project manager or         percentage of federal and non-
               community leader.                         federal funds required.                   0 Improvement and rehabilitation
                                                                                                   -conversion or adaptive reuse of
               Putting together multiple-use proj-       0 Funding is in millions.                 existing structures.
               ects to meet the often conflicting                                                    Maintenance-general upkeep.
               objectives or timetables of different
               federal programs poses a major
               problem for communities. Wa-
                                                              -N,4
               terfronts are especially challenging,
               because the opportunity for varied
                                                                  '_J, "AW
               activities is great and the involve-
               ment of federal entities frequently
               cumbrous.

               The matrix examines each program
               in terms of the amount of assistance
               available and the purposes for which
               the money can be used.

                                                                                           k Nk,

                                                                                                                                        83

                                                                                                                                    Planning                    Final En-
          Federal                                                                                                                                  (Y        gineering              01@'
                                                                                                                                                /z         & Archi-
                                                                                                                                                         tectural
                                                                                                                                                                        .0
          Grant-in-Aid
                                                                                                                                                                             @T
                                                                                                        (Y      IQ' ly                                                                                                      q1F
           Matrix
                                                                                                   \Ib             Ile
                                                                                                                                                                                                               "0
                                                                                                                                                                                              0
                                                                                                                                     4z
                                                                                                                                                                Q6
             Agency           Program                                                                                                                                                                                              Comment

             Economic         Local Public Works Grant and                                                                                                                                                               Funding only in
             Develop-         Loan Programs                                   5   50/50        189                               00              000                          10         0     01                        designated areas
             ment Ad-                                                             I
             ministration     Business Development Loan &                                                                                                                                                                Funding in designated
                              Guarantees                                      7   65/35        121                                                              0        0010                          0                 areas

                                                                                                                                                                                                                         Indian tribes up to 100%
                              Planning Assistance                             2   75/25        25         01             0                      1                                                                        funding
                              Economic Development and
                              Adjustment Grants                               5   75/25        99         0              10                              010000                                        0                 Public facilities only
                              Supplemental and Basic                          5   75/25        20
                              Assistance 304 Grants                               I                                      I              I               0@00000
             Office of        Coastal Zone Administration                     1   80/20        9   25.7                                                                                                                  Not Construction Related
             Coastal          Grants                                                                      0000                                           0                                     0
             Zone'                                                                I                                                                    I                                                              I  Public facilities and ser.
             Manage-          Coastal Energy Impact Grants
             ment                                                             2     100        13.                                                                                                                       required as a result of
                              Sec.308(B)(5)(b)                                                     15.    000000                                                00010                                                    OCS energy activity
                              Coastal Energy Impact Grants                                                                                                                                                               Prevent, reduce loss if due
                              Sec.308(b)(5)(c)                                2     100        1    8     000000                                                10000                                                    to coastal energy facility

                              Coastal Energy Impact Grants                    2     100        3.8 2.2
                              Sec.308(c)(1)                                                               000010@100000#
                              Coastal Energy Impact Loans                                                                                                                                                                d(l) same as 5b but no
                                                                              2                62.1 27.5                                                                                                                 OCS link d(4) same as 5c
                              Sec.308(d)(1&4)                                                             0 10@0 0@0#                                           0000                                                     when no grant money
             Maritime         Maritime Administration Port                                                                                                                                                               To establish commodity
             Adminis-         Planning Grants                                 2   50/50        .895 .700                 10                                                                                              and port plans
             tration
             National         National Trust Maritime                                                                                                                                                                    Property acquisition
             Trust            Preservation Grants                             9   50/50                   0              00               00                    0000                                                     eligible

             Heritage         Land and Water Conservation
             Conserva-        Fund                                            3   50/50        169        0@000                                  0              000000                                                   Recreation orientat.
             tion &                                                      I        A
             Service    n     Urban Park                                      2   5
                              Recovery Program-Planning                           1 0/501 0      1      101              1 0@1 I                                I      I      I       I       I
             Recreatio                      and Recreation

                                       Urban Parks and Recreation                                                   0                                                                                                                                             Must
                                                                                                  3    70/30                                                                                                                                                      be
                                       Program-Rehab. and Innovation                                                                                                                                                                                     011      part of
                                                                                                                                                                                                                                                                  match
                                       Historic Grant-in-Aid                                      1    50/50        7.6                                                                                                    0 0 0 0

                  Housing              Comprehensive Planning
                  and Urban'           Assistance 701                                             2    66/34        56       53                                                                                                                                               Regional planning groups
                  Develop-                                                                                                                                                                                                                                                    also eligible
                  ment                 Community Block                                                 For-
                                                                                                       rnula
                                                                                                       no
                                       Grant-Entitlement                                          3    match     2,755 2,903         101                                                                1000000
                                       Community Development Block                                     For-
                                       Grant Discretionar                                         3    mula         611      641                                                                                                                                              Targeted to Small Cities
                                                                                                       no
                                                                ,y                                     match                         0000                                                               0000100
                                                                                                       3%
                                                                                                       loan                                                                                                                                                                   Construc. equip. must be
                                       Housing Rehabilitation Loans-312                           6    up to        80       268                                                                                                                                              supplied by contractor
                                                                                                       77,000                                                                                                    0                   000@                                     targeted areas
                                       Urban Development Action                                        Private
                                       Grants                                                     3    sector       119      400
                                                                                                       com.                                                                                                                 0000

                  FEIVIA               National Flood Insurance
                                       Program                                                    6                 85       74      0                                                                  0                                                         0

                  National
                  Endowment            Design Arts Program                                                          3.6      4.1
                  for the Arts                                                                                                       0000                                                   -0
                  Army                 Harbors Clean Up Drift Removal
                  Corps of             Program                                                    2
                  Engineers                                                                                                                                      0          0.0                                  Is                           *0
                  Department           Mass Transit Capital
                  of Trans-            Improvements                                               2    80/20 1,400
                  portation                                                                                                                                                                   0116 0 0 010 0
                                       Mass Transit Planning                                      2 80/20 53                         0000010
                                       Bike Paths                                                 2 75/25                            000@000101000@000

                                       Railroad Property

                  EPA
                                       208 Planning Grants                                        1    75/25 16                      000
                                       Wastewater Treatment and Grants                            2    75/25     2,786 3,200                                                                                     0                   00
                                                                                                                                                                            00                                             0
                  GSA                  Disposal of Property                                       2                                                                                                     0

                    Appendix A
                    Federal Grant-in-Aid Program Summaries

                    The following are summaries of the          2 Business Development                       Contact and Address
                    28 federal programs listed in the,          Loans and Guarantees                         Director, Office of Technical Assis-
                    matrix. The identifying numbers cor-        Agency                                         tance
                    respond to the program in the ma-           Economic Development Administra-             Economic Development Administra-
                    trix.                                          tion                                        tion
                    1 Public Works and De-                      Department of Commerce                       Department of Commerce
                    velopment Facilities                        Purpose                                      Washington, D.C. 20235
                    Grant Program                               To encourage industrial and com-             Authorization
                                                                mercial expansion in designated              Public Works and Economic De-
                    Agency                                      areas by providing financial assist-         velopment Act of 1965; Public Law
                    Economic Development Administra-            ance to business for projects that           89-136, as amended; 42 U.S.C.
                      tion                                      cannot be financed through banks             3151,3152
                    Department of Commerce                      Type of Assistance                           Key Publications
                    Purpose                                     Direct loans, guaranteed insured             Leaflet-EDA Technical Assistance,
                    For construction of public facilities to    loans                                        What Is It, How to Apply
                    encourage long-term economic                Contact and Address                          4 Economic Develop-
                    growth in designated areas                  Director, Private Sector Investments         ment and Adjustment
                    Type of Assistance                          Economic Development Administra-             Assistance Program
                    Grants, direct loans                           tion
                    Contact and addresses:                      Department of Commerce                       Agency
                    Director, Office of Public Investment       Washington, D.C. 20230                       Economic Development Administra-
                    Economic Development Administra-            Authorization                                  tion
                      tion                                      Public Works and Economic De-                Department of Commerce
                    Department of Commerce                      velopment Act of 1965; Public Law            Purpose
                    Washington, D.C. 20230                      89-136, as amended; 42 U.S.C.                Special economic assistance to help
                                                                3142, 3171                                   areas meet needs arising from sud-
                    Authorization                                                                            den and severe dislocation
                    Public Works and Econorniic De-             Key Publications
                    velopment Act of 1965; Public Law           EDA Business Development                     Type of Assistance
                    89-136, amended; 42 U.S.C. 3131,            Loans-Who Can Borrow-How                     Grants
                    3135                                        to Apply                                     Contact and Address
                                                                                                             Director, Office of Special Adjust-
                    Key Publications                            3 Planning Assistance                          ment Assistance
                    Building Communities with Jobs,             Agency                                       Economic Development Administra-
                    EDA; Grants and Loans for Public            Economic Development Administra-               tion
                    Works and Development Facilities,              tion                                      Secretary of Economic Development
                    EDA; Title 13, Code of Federal              Department of Commerce                         Operations
                    Regulations, Chapter III, "Qualified        Purpose                                      Department of Commerce
                    Areas under the Public Works and            Multi-county district economic plan-         Washington, D.C. 20230
                    Economic Development Act of
                    1965;" Guided for Overall Economic          n Iing                                       Authorization
                    Development Programs, Directory of                                                       Public Works and Economic De-
                    Approved Projects.                                                                       velopment Act of 1965, Public Law
                                                                                                             89-136, as amended; 42 U.S.C.
                                                                                                             3241, 3243, and 3245

                    86

                5 Supplemental and                             Contact and Addresses                          Purpose
                Basic Funding of                               Assistant Administrator                        To assist state and local govern-
                Titles, I, II, III, IV         and     IX      Office of Coastal Zone Management              ments to plan for the consequences
                                                               National Oceanic and Atmospheric               of new energy facilities in the coast,
                Activities (304 Grants)                           Administration                              financial assistance for public
                Agency                                         3300 Whitehaven Street, N.W.                   facilities to support new or ex-
                Department of Commerce                         Washington, D.C. 20235                         panded coastal energy activity
                Economic Development Administra-               Authorization                                  Type of Assistance
                   tion                                        Coastal Zone Management Act of                 Projected Grants, loans
                Purpose                                        1972; Public Law 92-583, Section               Contact and Address
                To provide funds which enable                  306                                            Assistant Administrator
                Governors to select projects to assist         Key Publication                                Office of Coastal Zone Management
                in the construction of public facilities       List of urban waterfront grants                National Oceanic and Atmospheric
                and other projects which meet the              funded under Section 306 funds                    Administration
                criteria of Titles 1, 11, 111, IV and IX in                                                   3300 Whitehaven Street, N.W.
                areas of their state where economic            7a Coastal Energy Im-                          Washington, D.C. 20235
                growth is lagging                              pact Program -Formula                          Authorization
                Type of Assistance:                            Grants                                         Coastal Zone Management Act
                Project Grants, Direct Loans                   Agency                                         Amendments of 1976, Section
                Contact and Address:                           Office of Coastal Zone Management              308(c), 308(d)(1) loans and
                Economic Development Administra-               National Oceanic and Atmospheric               308(d)(2) bond guarantees, Public
                   tion                                           Administration                              Law 94-370
                Department of Commerce                         Department of Commerce                         Key Publication
                Washington, D.C. 20230                         Purpose                                        Coastal Energy Impact Program
                Authorization                                  Financial assistance to states and             brochure; 15 CFR, Part 931, May 21,
                Public Works and Economic De-                  local governments for impacts from             1979
                velopment Act of 1965, Public Law              Outer Continental Shelf energy ac-             8a Coastal Energy
                89-136; as amended; 42 U.S.C.                  tivity
                3131,3132,3141,3142,3153                       Type of Assistance                             Impact -Formula Grants
                Key Publications                               Grants                                         Agency
                Code of Federal Regulations, Title             Contact and Address                            Office of Coastal Zone Management
                13, Chapter 111, Part 312 (published           Assistant Administrator                        National Oceanic and Atmospheric
                                                                                                                 Administration
                also in the Federal Register, Vol. 39,         Office of Coastal Zone Management
                No. 220, November.13, 1974);                   National Oceanic and Atmospheric               Department of, Commerce
                "EDA Grants for Public Works and                  Administration                              Purpose
                Development Facilities      ... .. EDA         3300 Whitehaven Street, N.W.                   Financial assistance to states and
                Business Development Loans-                    Washington, D.C. 20235                         local governments for impacts from
                Who Can Borrow-How to Apply"                   Authorization                                  Outer Continental Shelf energy ac-
                6 Coastal Zone Man-                            Coastal Zone Management Amend-                 tivity
                agement Program Ad-                            ments of 1976, Section 308(b) Pub-             Type of Assistance
                ministration (306)                             lic Law 94-370                                 Grants
                Agency                                      .  Key Publications                               Contact and Address
                Office of Coastal Zone Management              Coastal Energy Impact Program                  Assistant Administrator
                National Oceanic and Atmospheric               brochure; 15 Code of Federal Reg-              Office of Coastal Zone Management
                                                               ulations Part 931, May 21, 1979                National Oceanic and Atmospheric
                   Administration                                                                                Administration
                Department of Commerce                         7b Coastal Energy Im-                          3300 Whitehaven Street, N.W.
                Purpose                                        pact Program -Planning                         Washington, D.C. 20235
                To assist states administering a               Grants/Loans and                               Authorization
                coastal zone management program                                                               Coastal Zone Management Act
                approved by the Secretary of Com-              Guarantees                                     Amendments of 1976, Section
                merce. State coastal zone grants can           Agency                                         308(b), Public Law 94-370
                be used to support planning for                Office of Coastal Zone Management
                urban waterfront programs                      National Oceanic and Atmospheric               Key Publications
                Type of Assistance                                Administration                              Coastal Energy Impact Program
                                                               Department of Commerce                         brochure; 15 Code of Federal Regu-
                Grants                                                                                        lations (CFR). Part 93 1, May 21, 1979

                                                                                                                                                         87

                     8b Coastal Energy Im-                         Contact and Address                           Contact and Address
                     pact Program -Planning                        Director, Office of Port and Inter-           Heritage Conservation and Recre-
                     Grants/Loans and                                modal Development                             ation Service
                                                                   Maritime Administration                       Department of the Interior
                     Guarantees                                    Department of Commerce                        Washington, D.C. 20243
                     Agency                                        Washington, D.C. 20230                        Authorization
                     Office of Coastal Zone Management             Authorization                                 15 U.S. C. 1-4 et seq. Land and Water
                     National Oceanic and Atmospheric              Section 8, Merchant Marine Act                Conservation Fund Act of 1965;
                       Administration                              1920                                          Public Law 88-578; 78 Stat. 897; as
                     Department of Commerce                        Key Publications                              amended by Public Law 90-401 (82
                     Purpose                                       Cooperative Port Planning Studies             Stat. 354); Public Law 91-485 (84
                     To assist state and local govern-             Highlights of MarAd Port Activities'          Stat. 1084); Public Law 91-308 (84
                     ments to plan for the consequences                                                          Stat. 410); Public Law 92-437 (86
                     of new energy facilities in the coast,        10 Maritime Preserva-                         Stat. 460); Public Law 93-81 (87
                     financial assistance for public               tion Grants                                   Stat. 178); Public Law 94-422 (90
                     facilities to support new or ex-              Agency                                        Stat. 1313); and Public Law 95-42
                     panded coastal energy activity                National Trust for Historic Preserva-         (91 Stat. 210)
                     Type of Assistance                            tion                                          12 Urban Park and Rec-
                     Project Grants, loans                         Purpose                                       reation Recovery Pro-
                     Contact and Address                           Preservation of maritime heritage             gram
                     Assistant Administrator                       with significant community impact
                     Office of Coastal Zone Management             grants                                        Agency
                     National Oceanic and Atmospheric              Contact and Address                           Heritage Conservation and Recrea-
                       Administration                              Director, Maritime Preservation                 tion Service
                     3300 Whitehaven Street, N.W.                  National Trust for Historic                   Department of the Interior
                     Washington, D.C. 20235                          Preservation                                Purpose
                     Authorization                                 740-748 Jackson Pl., N.W.                     To assist hard-pressed communities
                     Coastal Zone Management Act                   Washington, D.C. 20006                        in the rehabilitation of critically
                     Amendments of 1976, Section                   Authorization                                 needed recreation areas and de-
                     308(c) 308(d)(1) loans and                    National Historic Preservation Act of         velopment of improved recreation
                     308(d)(2) bond guarantees, Public             1966 (PL 89-665)                              programs
                     Law 94-370                                    Key Publication                               Type of Assistance
                     Key Publication                               "Maritime Preservation," in Preser-           Grants
                     Coastal Energy Impact Program                  ation News, special pullout Dec.             Contact and Address
                     brochure; 15 CFR Part 931, May 21,            1)
                                                                   1978                                          Heritage Conservation and Recrea-
                     1979                                                                                          tion Service
                     9 Port Planning Studies                       11 Land and Water                             Department of the Interior
                     Agency                                        Conservation Fund -                           Washington, D.C. 20243
                     Maritime Administration                       Acquisition, Development                      Authorization
                     Department of Commerce                        and Planning                                  Urban Parks and Recreation Recov-
                     Purpose                                       Agency                                        ery Act of 1978, Title X (P.L. 95-625)
                     To plan for development and utili-            Heritage Conservation and Recrea-             Key Publication
                     zation of ports and port facilities,            tion Service                                Handbook for Recreation Planning
                     and to provide technical advice               Department of the Interior                    and Action
                     Type of Assistance                            Purpose
                     Port planning studies, technical infor-       To acquire and develop outdoor
                     mation                                        recreation facilities
                                                                   Type of Assistance
                                                                   Grants

                     88

                13 Historic Preservation                     15 Community                                 Authorization
                Fund                                         Development Block                            Title I of the Housing and Commu-
                Agency                                       Grants - Entitlement                         nity Development Act of 1974, Pub-
                Heritage Conservation and Recrea-            Grants                                       lic Law 93-383, 42 U.S.C. 5301-
                  tion Service                               Agency                                       5317
                Department of the Interior                                                                Key Publication
                                                             Department of Housing and Urban              Administrative Regulations for
                Purpose                                         Development                               Community Development Block
                To identify, acquire, and preserve           Community Planning and Develop-
                historic properties.                            ment Office                               Grants, 24 CFR 570
                Type of Assistance                           Purpose                                      17 Housing
                Grants                                       Federal aid to promote sound com-            Rehabilitation Loans
                Contact and Address                          munity development through pro-              (312)
                State Historic Preservation Offices          jects that principally help low and          Agency
                Heritage Conservation and Recrea-            moderate income people or prevent            Department of Housing and Urban
                  tion Service                               or eliminate slums and blight or               Development
                Department of the Interior                   meet urgent community develop-               Community Planning and Develop-
                Washington, D.C. 20243                       ment needs                                     ment Office
                Authorization                                Type of Assistance                           Purpose
                Historic Preservation Act of 1966 (P.L.      Grants                                       To provide low interest loans for re-
                89-665, as amended)                          Authorization                                habilitation of residential and to a
                                                             Title I of the Housing and Commu-            limited extent commercial properties
                Key Publications                             nity Development Act of 1974, Pub-           Type of Assistance
                The Secretary of the     Interior's          lic Law 93-383, 42 USC, 5301-                Direct Loans
                Standards for Acquisition and       De-      5317
                velopment Projects, Secretary of the                                                      Contact and Address
                Interior's Standards for Historic            Key Publication                              Community Planning and Develop-
                Preservation Projects, Historic Pres-        Administrative Regulations for                 ment
                ervation Grants-in-Aid                       Community Development Block                  Department of Housing and Urban
                                                             Grants, 24 CFR 570                             Development
                14 Comprehensive                             16 Community                                 451 7th Street, S.W.
                Planning Assistance (701)                    Development Block                            Washington, D.C. 20410
                Agency                                       Grants/Discretionary                         Authorization
                Department of Housing and Urban                                                           Housing Act of 1964, as amended,
                  Development                                Grants (Small Cities)                        Section 312; Public Law 88-560-1 42
                Office of Community Planning and             Agency                                       U.S. C. 1452 B
                  Development                                Department of Housing and Urban              Key Publication
                Purpose                                         Development                               Handbook 7475.1 "Rehabilitation
                To strengthen comprehensive plan-            Community Planning and Develop-              Financing Handbook"
                ning functions to state, regional,              ment Office
                areawide and local entities                  Purpose                                      18 Urban Development
                Type of Assistance                           To assist small communities in fur-          Action Grants
                Grants                                       thering community development in             Agency
                                                             addressing the activities and needs          Department of Housing and Urban
                Contact and Address                          of low and moderate income per-                Development
                Office of Community Planning and             sons                                         Office of Urban Development Action
                  Development (HUD)                          Type of Assistance                             Grants
                451 7th Street, S.W.                         Grants to units of general local gov-        Purpose
                Washington, D.C. 20410                       ernments                                     To encourage private investments in
                Authorization                                                                             residential, industrial or commercial
                National Housing Act of 1954 as              Contact and Address
                                                             Community Planning and Develop-              projects in distressed cities
                amended, P.L. 83-560 40 U.S.C.                  ment (HUD)
                461                                          451 7th Street, S.W.
                Key Publication                              Washington, D.C. 20410
                Administrative Regulations for
                Comprehensive Planning Assistance
                Grants 24 CFR 600

                                                                                                                                                    89

                   Type of assistance                        Key Publications                          Contact and Address
                   Grants to units of general local gov-     44 CFR 59, et seq. (formerly Regu-        U.S. Army District Engineer or Di-
                   ernment                                   lation 24 CFR 1909, et seq.); Publi-        rector of Civil Works
                   Contact and Address                       cation "Questions and Answers on          DAEN-CWO-M
                   Office of Urban Development Action        the National Flood Insurance Pro-         Office of the Chief of Engineers
                     Grants                                  gram," "Mandatory Purchase of             Department of the Army
                   Community Planning and Develop-           Flood Insurance Guidelines"; "How         Washington, D.C. 20314
                     ment (HUD)                              to Read a Flood Hazard Boundary           Authorization
                   451 7th Street, S.W.                      Map  ... .. How to Read a Flood Insur-    Section 3 of the 1945 River and
                   Washington, D.C. 20410                    ance Rate Map," Community As-             Harbor Act; Public Law 79-14; 33
                   Authorization                             sistance Series Publications (4 publi-    U.S.C. 603a
                   Title I of the Housing and Commu-         cations), Elevated Residential            Key Publications
                   nity Development Act of 1974 Pub-         Structures Manual for Construction        Engineer Regulations 1165-2-101
                   lic Law 93-383, 42 U.S.C. 5@01-           of Basements                              and 1165-2-4 and sheets describing
                   5317, as amended by Title I of the        20 Design Arts Program                    this program are available from
                   Housing and Community Develop-            Agency                                    nearest District Engineer
                   ment Act of 1977, Section 110,            National Endowment for the Arts           22     Urban Mass Transit
                   Public Law 93-128, 42 U.S. C. 5304        Purpose                                   Authority
                   Key Publication                           To encourage communities to intro-
                   Administrative Regulations for            duce exemplary design as an inte-         Capital Improvement
                   Urban Development Action Grants           gral part of their planning processes;    Agency
                   24 CFR 570.450                            to encourage arts activities in com-      Department of Transportation
                   19 National Flood                         munities by assisting in design and       Federal Highway Administration
                   Insurance Program                         planning of cultural activities           Purpose
                   Agency                                    Type of Assistance                        Mass Transit Projects
                   Federal Emergency Management              Grant                                     Type of Assistance
                     Agency                                  Contact and Address                       Grant
                   Purpose                                   Director, Design Arts Program             Contact and Address
                   Flood Insurance and technical as-         National Endowment for the Arts           State Highway Commission Located
                   sistance on flood hazard mitigation       2401 E Street, N.W.                       in State Capital or
                   Contact and Address                       Washington, D.C. 20506                    Associate Administrator,
                   Federal Emergency Management              Authorization                             Office of Transit Assistance,
                     Agency                                  National Foundation of the Arts and       Urban Mass Transit Administration
                   451 7th Street, S.W.                      the Humanities Act of 1965, Public        400 7th-Street, S.W.
                   Washington, D.C. 20410                    Law 89-209 as amended by Public           Washington, D.C. 20590
                                                             Law 90-3, Public Law 91-346,              Authorization
                   Authorization                             Public Law 93-133, and Public Law         Urban Mass Transportation Act of
                   Housing and Urban Development             94-462;,20 U.S.C. 951 et seq.             1964; Public Law 99-365, as
                   Act of 1968; Title XIII, Public Law       Key Publications                          amended through February 5, 1976;
                   90-448, 82 Stat. 476,572 as               "National Endowment for the Arts,         49 U.S.C. 1601 et seq.
                   amended, 42 U.S.C. 4011, 4127,            Guide to Programs" and "Design            Key Publications
                   83 Stat. 39, 42 U.S. C. 4056; 83          Arts Program Application and              49 CFR 601.2; "Program informa-
                   Stat. 479, 42 U.S.C. 4021, and            Guidelines"                               tion for Capital Grants and Techni-
                   Flood Disaster Protection Act of                                                    cal Studies Grants," "Guidelines for
                   1973, Public Law 93-234                   21 Harbor Cleanup,                        Project Administration"
                                                             Drift Removal Program
                                                             Agency
                                                             Department of the Army
                                                             Office of the Chief of Engineers
                                                             Purpose
                                                             To improve channels for purposes of
                                                             navigation

                   90

               23 Urban Mass Transit                      Key Publications                         26 Office of Real
               Authority                                  State and Local Assistance (40 CFR       Property- Disposal of
               Agency                                     Part 35) General Grant Regulations       Federal Surplus Real
               Department of Transportation               and Procedures, (40 CFR Part 30)-
               Federal Highway Administration             Procedures for Providing Grants to       Property
                                                          State and Areawide Planning Agen-        Agency
               Urban Mass Transit Administration          cies, (40 CFR Part 130). "Federal        General Services Administration
               Purpose                                    Assistance Programs of the En-           Purpose
               Mass Transit Projects                      vironmental Protection Agency"           Donates excess Federal Government
               Type of Assistance                                                                  property to be developed for the
               Grant                                      25    Section 201 of the                 benefit of the area
               Contact and Address                        Federal Water Pollution                  Type of Assistance
               State Highway Commission located           Control Act - Wastewater                 Land
               in State Capital, or                       Treatment Facilities                     Contact and Address
               Associate Administrator                    Agency                                   Assistant Commissioner, Office of
               Office of Transit Assistance               Environmental Protection Agency             Real Property
               Urban Mass Transit Administration          Purpose                                  Public Buildings Service
               400 7th Street, S.W.                       Purpose                                  General Services Administration
               Washington, D.C. 20590                     Treatment of wastewater                  Washington, D.C. 20405
               Authorization                              Type of Assistance                       Key Publications
               Urban Mass Transportation Act of           Project Grants Contact Address           "Disposal of Surplus Real Prop-
               1964; Public Law 99-365, as                State Water Pollution Control            erty," 41 CFR 101-47, Utilization
               amended through February 5, 1976;            Agency or                              and Disposal of Real Property
               149 U.S.C. 1601 et seq.                    Municipal Construction Division
               24 Section 208 of the -                    Environmental Protection Agency
                                                          Washington, D.C. 20460
               Federal Water Pollution                    Authorization
               Control Act-State and                      Federal Water Pollution Control Act,
               Areawide Water Quality                     as amended; 33 U.S. C. 1251 et seq.
               Planning                                   Key Publications
               Agency                                     Final Construction Grant
               Environmental Protection Agency            Regulation, Environmental
                                                          Protection Agency, (40 CFR Part
               Purpose                                    35, Subpart E). General Grant
               To encourage and facilitate t e de-        Regulations and Procedures, EPA,
               velopment and implementati n of            (40 CFR Part 30). "Federal
               water quality management p ans by          Assistance Programs of the
               areawide agencies.                         Environmental Protection Agency,"
               Type of Assistance                         "Grants Administration Manual,"
               Grants                                     available from the National
               Contact and Address                        Technical Information Services,
               Water Planning Division,                   Department of Commerce,
               EPA                                        Springfield, Va. 22161 on a
               Washington, D.C. 20460                     subscription basis for $60 for two
               Authorization                              years. "How Wastewater Treatment
               Federal Water Pollution Control Act,       Works"
               as amended: 33 U.S.C. 1251 et seq.
                                               .h

                                               0

                                                                                                                                        91

                   Appendix B
                   Federal Loan Programs

                   In addition to grant-in-aid programs,    Program                                  Eligibility
                   there are other sources of federal as-   Government National Mortgage             FHA-approved mortgages may
                   sistance to local governments, de-       Association Special Assistance           apply to sell federally underwritten
                   velopers, and private citizens for       Mortgage Purchases ("Tandem")            mortgages to GNMA. Lenders ap-
                   urban redevelopment projects. Aid                                                 proved by the Federal National
                   is usually in the form of low interest   A secondary mortgage market              Mortgage Association or by the Fed-
                   loans, rent subsidies, or guaranteed     created by GNMA purchases                eral Home Loan Mortgage Corpora-
                   mortgages. The primary source of         mortgages from private lenders to        tion to participate in their conven-
                   assistance is the Department of          expand and facilitate investment in      tional mortgage purchase programs
                   Housing and Urban Development,           housing.                                 may apply to sell conventional loans
                   although the Economic Develop-                                                    to GNMA.
                   ment Administration and the Small        Description
                   Business Administration also have        GNMA was originally established as       Information Source
                   some loan programs.                      a secondary market for federally-        Regional offices of the Fed  .eral Na-
                   The following is a description of the    insured residential mortgages not        tional Mortgage Association in At-
                   programs offered by HUD     ' EDA     '  readily saleable in the private mar-     lanta, Chicago, Dallas, Los Angeles,
                   and SBA that might be applicable to      ket. These mortgages generally fi-       and Philadelphia. The National Of-
                   urban waterfront revitalization. This    nance housing for groups or in areas     fice is at 451 7th St. SW, Washing-
                   is not a complete list of loan pro-      with special needs.                      ton, D.C. (202) 755-5926
                   grams, and it is recommended that        More recently, GNMA was au-
                   interested persons contact the local     thorized to purchase both                Program
                   offices given with each program for      federally-insured and conventional       Rehabilitation Loans, U.S. De-
                   more detailed information.               mortgages at below-market interest       partment of Housing and Urban
                   This part of the compendium of fed-      rates to stimulate lagging housing       Development (Section 312). Sec-
                   eral assistance programs is excerp-      production. These mortgages are          tion numbers refer to a particular
                   ted from a larger list of loan pro-      then resold at current market prices     section of the Housing Act 1964 as
                   grams prepared by the Mortgage           with the government absorbing the        amended.
                   Bankers Association of America in        loss as a subsidy.
                   its publication, "Urban Revitaliza-                                               Loans to assist rehabilitation in
                   tion Handbook." Further informa-         Twenty-five special assistance pro-      federally-aided Community De-
                   tion on the role of mortgage, banking    grams have been implemented since        velopment Block Grant, Urban
                   in community development can be          1954. GNMA is currently purchasing       Homesteading (Section 810), Urban
                   obtained from:                           mortgages under the following pro-       Renewal, and Code Enforcement
                                                            grams: program 17 (Section 236           areas.
                   Mortgage Bankers Association of          and 221(d)(3) rent supplement -
                     America                                projects); program 21 (unsubsidized
                   1125 15th Street, N.W.                   multifamily projects); program 23
                   Washington, D.C. 20005                   (HUD-insured multifamily project
                   (202) 785-8333                           mortgages).

                   92

                Description                                Description                               Information source
                Direct federal loans finance re-           By insuring commercial lenders            Assistant Secretary for Housing
                habilitation of residential, mixed use,    against loss, HUD encourages them         Federal Housing Commissioner
                and nonresidential properties cer-         to invest capital in the home             Department of Housing and Urban
                tified by the local government. By         mortgage market. HUD insures              Development,
                financing rehabilitation to bring the      loans made by private financial        in- Washington, D.C. 20410, and all
                property up to applicable code,            stitutions for up to 97 percent of the    HUD area offices
                project, or plan standards, the loans      property value and for terms of up
                prevent unnecessary demolition of          to 30 years. The loans may finance        Program
                basically sound structures. A loan         homes in both urban and rural areas       ,
                may provide insulation and installing      (except farm homes). Less rigid con-      3pecial Credit Risks (Section 237)
                                                                                                     U S Department of Housing and
                weatherization equipment.                  struction standards are permitted in      Urban Development
                                                           rural areas.
                Eligibility                                                                          Mortgage insurance and homeown-
                Property owners and business ten-          Eligibility                               ership counseling for low- and
                ants of such property whose leases         Any person able to make the cash          moderate-income families with a
                have at least as long to run as the        investment and the mortgage pay-          credit history that does not qualify
                terms of the loan. The applicant           ments.                                    them for insurance under normal
                must demonstrate the capacity to                                                     standards.
                repay the loan and be unable to se-        Information Source
                cure necessary financing from other        Assistant Secretary for Housing           Description
                sources on comparable terms a d            Federal Housing Commissioner              HUD insures lenders against loss on
                conditions. Preference is give      o      Department of Housing and Urban           home mortgage loans to low- and
                low- and moderate-income a          i-        Development                            moderate-income families that are
                cants.                                     Washington, D.C. 20410, and all           marginal credit risks. HUD is also
                                                           HUD area offices                          authorized to provide budget,
                Information Source                                                                   debt-management, and related
                Assistant Secretary for Community          Program                                   counseling services to these families
                   Planning and Development                                                          when needed. These services are
                Department of Housing and Urban            Homeownership Assistance for              performed by local HUD-approved
                   Development                             Low- and Moderate-Income                  organizations. Applicants may seek
                Washington, D.C. 20410                     Families (Section 235 loans) U.S.         credit assistance under most FHA
                                                           Department of Housing and Urban           home mortgage insuraince programs.
                HUD regional offices and area of-             Development
                fices, and housing and community           Mortgage insurance and interest           Eligibility
                development agencies of local gov-
                ernments can provide information           subsidy for low- and moderate-            Low- and moderate-income house-
                also.                                      income home buyers.                       holds with credit records indicating
                                                           Description                               ability to manage their financial and
                Program                                                                              other affairs successfully if given
                One- To Four-Family Home                   To enable eligible families to afford     budget, debt-management, and re-
                Mortgage Insurance Section 203             new homes that meet HUD stand-            lated counseling.
                (b) and (i) U.S. Department of             ards. HUD insures mortgages and
                Housing and Urban Development              makes monthly payments to lenders         Information Source
                                                           to reduce interest to as low as 4 per-    Assistant Secretary for Housing
                Federal mortgage insurance to              cent. The homeowners must con-            Federal Housing Commissioner
                facilitate homeownership and the           tribute 20 percent of adjusted in-        Department of Housing and Urban
                construction and financing of hous-        come to monthly mortgage pay-               Development,
                ing.                                       ments and must make a down pay-           Washington, D.C. 20410, and all
                                                           ment of 3 percent of the cost of ac-      HUD area offices
                                                           quisition. There are dollar limits on
                                                           loans and sales prices.
                                                   n
                                                n t
                                                pp,

                                                                                                                                             93

                   Program                                     Eligibility                                 Local public housing agencies ad-
                   Urban Homesteading (Section                 Homesteaders must be equitably              minister the existing housing pro-
                   810) U.S. Department of Housing             selected by each participating city.        7am, certifying eligible tenants,
                   and Urban Development                       Cities are chosen as demonstration          inspecting the units proposed for
                                                               sites by HUD after submitting ac-           subsidy, and contracting with ap-
                   A national demonstration      program       ceptable homesteading plans.                proved landlords for payment.
                   transferring HUD properties to local                                                    (Tenants execute separate leases
                   governments to revitalize declining         Information Source                          with landlords to pay their share     of
                   neighborhoods and reduce the fed-                                                       rent.)
                   eral inventory of defaulted                 Assistant Secretary for Policy De-
                   mortgages.                                    velopment and Research                    Nonprofit and prof it- motivated de-
                                                               Urban Homesteading Demonstra-               velopers, alone or together with
                   Description                                   tion Program                              public housing agencies, submit
                                                               Department of Housing and Urban             proposals for substantial rehabilita-
                   Vacant HUD-held 'properties are             Development                                 tion or new construction in response
                   transferred to local governments            Washington, D.C. 20410                      to invitations from HUD; or they
                   that have developed home plans                                                          may apply to their respective state
                   approved by HUD. Each city has to           Program                                     housing finance agency. On ap-
                   devise a plan ensuring the availabil-                                                   proval of the proposals, HUD con-
                   ity of rehabilitation financing, tech-      Lower Income Rental Assistance              tracts to subsidize units to be oc-
                   nical assistance to homesteaders,           (Section 8) U.S. Department of              cupied by eligible families.
                   and all essential municipal services        Housing and Urban Development
                   to the target neighborhoods.                A rent subsidy for lower-income             Eligibility
                   The local governments selected for          families to help them afford decent         Tenants must be lower-income
                   the program then "sell" these prop-         housing in the private market.              households with incomes amounting
                   erties for a token sum (as low as one                                                   to 80 percent of the area median in-
                   dollar) to individuals or families          Description                                 come or less. Project sponsors may
                   called "homesteaders." The                  HUD makes up the difference be-             be private owners, profit motivated
                   homesteader must make repairs to            tween what a lower-income house-            and non-profit or cooperative or-
                   meet minimum health and safety              hold can afford and the fair market         ganizations, public housing agen-
                   standards, then occupy the property         rent for an adequate housing unit.          cies, or state housing finance
                   as a principal residence for at least       No eligible tenant need pay more            agencies.
                   three years. Within 18 months of            than 25 percent of adjusted income
                   occupying the property, it must be          toward rent. Housing subsidized by          Information Source
                   brought up to local code standards.         HUD must meet certain standards of          Assistant Secretary for Housing
                   When all these requirements have            safety and sanitation, and rents for           Federal Housing Commissioner
                   been met, the homesteader receives          these units must fall within the range      Department of Housing and Urban
                   full title to the property.                 of fair market rents as determined             Development
                                                               by HUD. This rental assistance may          Washington, D.C. 20410
                                                               be used in existing housing, in new
                                                               construction, or in substantially re-
                                                               habilitated units. Different proce-
                                                               dures apply in each case.

                   94

                Program                                      Program                                      Program
                Multifamily Rental Housing for               Condominium Housing (Section                 Cooperative Housing (Section
                Low- and Moderate-Income                     234), U.S. Department of Housing             213), U.S. Department of Housing
                Families Section 221(d) (3) and              and Urban Development (single                and Urban Development -Federal
                (4), U.S. Department of Housing              family)                                      mortgage insurance to finance co-
                and Urban Development                        Federal mortgage insurance to fi-            operative housing projects.
                Mortgage insurance to finance rental         nance ownership of individual units
                or cooperative multifamily housing           in multifamily housing projects.             Description
                for low- and moderate-income                                                              HUD insures mortgages made by
                households.                                                                               private lending institutions on co-
                                                             Description                                  operative housing projects of five or
                Description                                  HUD insures mortgages made by                more dwelling units to be occupied
                To help finance construction or sub-         private lending institutions for the         by members of nonprofit coopera-
                stantial rehabilitation of multifamily       purchase of individual family units in       tive ownership housing corpora-
                (five or more units) rental or co-           multifamily housing projects under           tions. These loans may finance new
                operative housing for low- and               Section 234(c). Sponsors may also            construction; rehabilitation; acquisi-
                moderate-income families, HUD                obtain FHA-insured mortgages to fi-          tion; improvement or repair of a
                conducts two related programs.               nance the construction or rehabilita-        project already owned, and resale of
                Both insure project mortgages at the         tion of housing projects that they           individual memberships; construc-
                                                             intend to sell as individual con-            tion of projects composed of indi-
                FHA ceiling interest rate. Projects in       ,
                both cases may consist of detached,          Ciominium units under Section                vidual family dwellings to be bought
                semi-detached, row, walk-up, or              234(d). A project must contain at            by individual members with separate
                elevator structures. The insured             least four dwelling units; they must         insured mortgages; and construction
                                                             be in detached, semi-detached, row,          or rehabilitation of projects that the
                mortgage amounts are controlled         by   walk-up, or elevator structures.             owners intend to sell to nonprofit
                statutory dollar limits per unit that                                                     cooperatives.
                are intended to assure moderate              A condominium is defined as joint
                construction costs. Units financed           ownership of common areas and
                under both programs may qualify              facilities by the separate owners of         Eligibility
                for assistance under Section 8 if oc-        single dwelling units in the project.        Nonprofit corporations or trusts or-
                cupied by eligible low-income                                                             ganized to construct homes for
                families.                                                                                 members of the corporation or
                                                             Eligibility                                  beneficiaries of the trust, and qual-
                Eligibility                                  Any qualified profit- motivated or           ified sponsors who intend to sell the
                                                             nonprofit sponsor may apply for a.           project to a nonprofit corporation        .or
                Section 221(d)(3) mortgages may              blanket mortgage covering the proj-          trust.
                be obtained by public agencies;              ect after conferring with his or her
                nonprofit, limited-dividend, or co-          local FHA insuring office; any cred-         Information Source
                operative organizations; and private         itworthy person may apply for a
                builders or investors who sell com-          mortgage on individual units in a            Assistant Secretary for Housing
                pleted projects to such organiza-            project.                                     Federal Housing Commissioner
                tions. Section 221(d) (4) mortgages                                                       Department of Housing and Urban
                are limited to profit motivated spon-        Information Source                             Development
                sors except in the case of tenants re-                                                    Washington, D.C. 20410, and all
                ceiving subsidies.                           Assistant Secretary for Housing              HUD area offices.
                                                             Federal Housing Commissioner
                Information Source                           Department of Housing and Urban
                Assistant Secre   tary for Housing              Development
                Federal Housing Commissioner                 Washington, D.C. 20410, and all
                Department of Housing and Urban              HUD area offices.
                   Development
                Washington, D.C.'20410, and all
                HUD area offices.

                                                                                                                                                    95

                  Appendix C
                  Urban Waterfront Revitalization -
                  The Role of Recreation and, Heritage

                  What follows is an excerpt from           To Gain From Their Water                  To Enhance Environmental
                  Urban Waterfront Revitalization:          Quality Investment                        Quality
                  The Role of Recreation and Herit-         * Public access to the water's edge       0 Overall urban environmental
                  age, issued in November 1979 by           has been provided which capitalizes       quality improvement has been sub-
                  the Heritage Conservation and Rec-        on the public's investment to im-         stantial.
                  reation Service. In addition, there is    prove water quality.
                  volume one, containing conclusions                                                  Findings: Factors Facilitating
                  and analysis, and volume two, dis-        To Protect Heritage Re-                   Successful Projects
                  cussions of 18 case study cities that     sources                                   These factors were typically as-
                  form the basis of the report. The re-     * There has been renewed pride            sociated with successful projects
                  ports are available from the Heritage     and interest in the activities and ac-    during their conceptual izati on, plan-
                  Conservation and Recreation Serv-         complishments of previous genera-         ning and implementation.
                  ice, Department of the Interior,          tions.                                    0 A determination to succeed.
                  Washington, D.C. 20243.                   To Encourage Energy Con-                  * Support building.
                  This is a summary of Volume I cov-        servation                                 0 Private sector involvement.
                  ering key factors, needs, and goals.      e Energy saving by an increasing          0 Coordination with other wa-
                                                            number of people looking for 'at          terfront programs and projects.
                  "Benefits:                                home' recreation opportunities in,
                  Urban waterfronts have helped             on or near the water has been made        0 Wise planning.
                  communities in many ways:                 possible, existing structures have        *Reduction of land acquisition
                  To Meet Recreation Needs                  been 'recycled.'                          costs.
                  e Active use of facilities-               To Support Economic De-                   e A visible accomplishment within
                  recreational and commercial-by            velopment Goals                           one year.
                  people of all ages and income levels      e Tax revenues for cities have in-        The sponsors of projects which
                  have been increased.                      Creased as real estate values rise in     never got off the ground or became
                  e Inner city young people can enjoy       waterfront and adjacent areas.            bogged down often did not under-
                  and understand the need for natural       9 Jobs lost through waterfront de-        stand the importance of or know
                  resource conservation and recrea-         terioration have been recovered and       how to go about pursuing one or
                  tion experiences.                         more jobs created as new commer-          more of these factors. While there
                                                            cial establishments thrive.               are no guarantees of success, there
                                                                                                      is every indication that good luck is
                                                            To Reduce the Impact of Nat-              more often on the side of cities fol-
                                                            ural Hazards                              lowing this general pattern than
                                                            0 Wise land use has reduced the           those which do not.
                                                            impact of floods and hurricanes.

                  96

                Critical Needs in Urban                     Short and long term goals which re-         9 Public opportunities for visual and
                Waterfront Projects                         spond to these needs should be es-          physical access to urban waterfronts
                (The) report has established back-          tablished and actively pursued by all       need to be increased by:
                ground information essential to the         levels of government and the private        Providing appropriate public access
                development of sound national pol-          sector.                                     in all urban waterfront projects,
                icy on the role of recreation and           Based on an analysis of the needs           especially those which are Federal,
                heritage resources in urban wa-             described above, the following goals        federally supported or require a
                terfront revitalization. The identifi-      have been identified.                       Federal permit;
                cation and understanding of factors
                contributing to successful projects         0 The coordination of Federal de-             -Encouraging the private sector
                are an important part of this policy        cisionmaking in projects using Fed-         to provide and permit public access;
                background, so that ways to in-             eral resources or requiring Federal           -Seeking solutions to public ac-
                stitutionalize these factors can be         approval should be supported. Such          cess problems caused by railroads
                explored. It is equally important to        programs are related to Federal             and highways.
                the policy process to identify and          policies on urban community and
                understand factors which have de-           economic development, energy,               These goals will only be met by a
                layed or prevented the completion           hazard mitigation, water quality, en-       commitment on the part of de-
                of waterfront projects so they can be       vironmental planning and design,            cisionmakers at all levels, but espe-
                avoided or their impact reduced.            and recreation and heritage                 cially those in urban areas. Without
                                                            resources.                                  this strong local role the complex
                Despite the dccumented record of            0 Knowledge about and skills for            problems associated with waterfront
                achievement, critical needs have            making the most of opportunities for        revitalization cannot be solved. Suc-
                been identified which must be met if        and environmental, social and eco-          cess will be determined by clarity of
                the interest in and the potential           nomic benefits of urban recreation,         policy, support provided by for it by
                benefits of urban waterfront revitali-      open space and heritage resources           city leaders, and constant oversight
                zation are to be optimally realized.        should be increased.                        on their part to ensure that program
                9 Increased public understanding of         0 The planning and design of urban          and projects are completed.
                waterfront revitalization goals,            waterfront projects having public ac-       During Fiscal Year 1980, the Herit-
                benefits and methods.                       cess, recreation, open space and            age Conservation and Recreation
                * Improved project planning and             heritage; and the relationship of           Service, in cooperation with federal,
                design, especially in the following         these projects to the total waterfront      state and local agencies and organi-
                areas:                                      needs improvement.                          zations, will work toward the
                                                            0 The benefits of urban waterfront          achievement of these goals."
                Enhancing    unique qualities;              revitalization activities and the clean
                0 Water resistant designs and con-          water investment need to be avail
                struction;                                  able to people now lacking such op-
                0 Project staging;                          portunities; those whose income is
                                                            below the national average,
                * Small scale projects;
                                                            minorities, the elderly and the
                e Water dependent activities;               young.
                9 Recreational opportunities for
                everyone;
                9 Comprehensive planning.
                *Resolution of highway and rail-
                road problems.
                a Provision of timely technical as-
                sistance in essential areas.
                � Resolution of funding constraints.
                � Development of private sector in-
                centives to provide public access.
                * Improvement of Federal coopera-
                tion and coordination.

                                                                                                                                                 97

                   Appendix D
                   Urban Waterfront Action Group
                   Directory of Participants

                   Federal Agencies                             Economic Development Adminis-                Maritime Administration
                   United States Army Corps                       aition (EDA)                               Office of Port and Intermodal De-
                   of Engineers                                 14th and Constitution Avenue, N.W.             velopment
                                                                Washington, D.C. 20230                       14th & Constitution Avenue      ' N. W.
                   Regulatory Branch                            Al Gunther                                   Washington, D.C. 20230
                   Headquarters Dept.      of the Army          Phone: (202) 377-3027                        John Pisani
                                                                                                             Phone: (202) 377-3350
                   Office of the Chief of Engineers             CEDS is a new approach to helping
                   Washington, D.C. 20314                       communities plan and implement               Responsible for port promotion,
                   Attn: DAEN-CWO-N                             economic revitalization activity. In         planning, and development on na-
                   Ralph Eppard                                 the CEDS process, communities de-            tional, regional, state, and local
                   Phone: (202) 272-0200                        velop investment strategies in which         levels. The office sponsors: cost-
                   Authorizes permits for activities in         they identify local needs, set de-           shared comprehensive port planning
                   the waters of the United States.             velopment priorities, and establish          studies which provide needs projec-
                                                                specific ways of addressing those            tions through the year 2000 and
                   Department of Commerce                       priorities. Through this process,            commercial port impact on urban
                                                                communities are able to better link          waterfront development; com-
                   Office of the Secretary                      investments by federal, state, and           puterized port facilities inventory
                   Regional Action Planning Com-                local agencies, and to stimulate in-         which provides physical and opera-
                      mission                                   creased private sector participation         tional characteristics of all U.S. pub-
                   14th & Constitution Avenue, N.W.             in economic development and job              lic and private terminals; and techni-
                   Washington, D.C. 20230                       creation.                                    cal assistance on local site develop-
                   Frances Phipps                                                                            ment issues.
                   Phone: (202) 377-4556                        Office of Coastal Zone Manage-
                                                                   ment                                      Department of Housing and
                   Provides assistance in gaining access        Office of Policy and Evaluation              Urban Development
                   to the planning, technical, and fi-          3300 Whitehaven Street, N.W.                 Office of Environmental Quality
                   nancial resources and services for           Washington, D.C. 20235                       451 7th Street, S.W.
                   local urban waterfront projects              Ann Breen Cowey                              Washington, D.C. 20410
                   available from multi-state Regional          Phone: (202.) 634-4245                       Andy Euston
                   Action Planning Commissions.
                                                                OCZM funds urban waterfront and              Phone: (202)    755-8909
                   Office of the Secretary                      harbor planning projects through
                   Office of State and Local Govern-            state CZM grant programs. In addi-           Responsible for ensuring depart-
                      ment Assistance                           tion, the office conducts research           ment compliance with the National
                   14th and Constitution Avenue, N.w.           and offers advice and technical as-          Environmental Policy Act (NEPA),
                   Washington, D.C. 20230                       sistance pertaining to urban coastal         as well as overseeing HUD concerns
                   Room 5893                                    issues.                                      relating to the physical, social, and
                                                                                                             economic environment.
                   Carolyn Tieger
                   Phone: (202) 377-4556
                   The central point of contact for state
                   and local government officials in-
                   terested in gaining access to and
                   coordinating Department of Com-
                   rnerce resources and services for
                   urban waterfront projects.

                   98

                Office of Policy Development and            The Water Resources Section con-            National Workforce Development
                  Research                                  ducts studies, reviews projects and           Staff
                451 7th Street, S.W.                        plans, and provides a variety of            401 M Street, S.W.
                Room 8146                                   technical assistance to communities         Washington, D.C. 20460
                Washington, D.C. 20410                      interested in urban waterfront re-          John Gerba
                Joel Friedman                               vitalization.                               Phone: (202) 426-8882
                Phone: (202) 755-7335                       National Park Service                       Coordinates the EPA Urban Work
                Provides support services in the            Office of Park Planning and En-             Group, which was established by
                areas of long-range policy develop-           vironmental Quality                       EPA to deal with urban-specific
                ment, program evaluation, and re-           18th & C Street, N.W.                       problems and to carry out EPA's
                search for the program offices within       Washington, D.C. 20240                      portion of the current administra-
                the Department.                             Luther Burnett                              tion's urban policy.
                Office of Community Planning and            Phone: (202) 343-5625                       Federal Insurance
                  Development                               This office interested in the relation-     Administration, Federal
                451 7th Street, S.W.                        ship of urban waterfront projects to        Emergency Management
                Room 7224                                   existing parks or proposed park             Agency
                Washington, D.C. 20410                      sites.
                Peter Hahn                                                                              Program Analysis and Evaluation
                Phone: (202) 755-6240                       Department of Transportation                  Division
                                                                                                        451 7th Street, S.W.
                Provides funding for local govern-          Office of the Secretary                     Room 5264
                ments through Community Develop-            Office of Intergovernmental Af-             Doug Lash.
                ment Block Grants, Urban Develop-             fairs, 1-23                               Phone: (202) 426-1891
                ment Action Grants, Section 312             400 7th Street, S.W.
                Rehabilitation programs. AJso pro-          Room 10405                                  The National Flood Insurance Pro-
                vides Section 701 Comprehensive             Washington, D.C. 20590                      gram, administered by the Federal
                Planning Assistance.                        Leroy E. Johnson                            Insurance Administration, enables
                                                            Phone: (202) 426-0163                       persons to purchase insurance
                Department of the Interior                  Coordinates the development of              against losses from damage or de-
                Heritage Conservation and Rec-              transportation systems as they im-          struction of real or personal property
                  reation Service                           pact upon urban and rural areas.            caused by floods or flood-caused
                Technical Preservation Services                                                         erosion, and to promote wise
                  (Maritime Hefitage Program)               Environmental Protection                    floodplain management practices in
                440 G Street, N.W.                          Agency                                      the nation's flood prone areas.
                Room 230A                                                                               National Endowment for the
                Washington, D.C. 20243                      Clean Lakes Program
                Gary Hume, Dale Lanzone                     Criteria and Standards Division             Arts
                Phone: (202) 343-7217                       (WH-585)         -                          Design Arts
                                                            401 M Street, S. W.                         2401 E Street, N.W.
                This office administers a $5 million        Room 2812M
                maritime preservation grants-in-aid         Washington, D.C. 20460                      Washington, D.C. 20506
                program to the states and to the Na-        Bob Johnson                                 Geri Bachman
                tional Trust for Historic Preservation.     Phone: (202) 472-3400                       Phone: (202) 634-4286
                Categories include urban waterfront                                                     Small grants (maximum of $30,000)
                development, planning, engineering          Provides technical and financial as-        are awarded to non-profit organiza-
                and architectural services, historic        sistance to restore and   protect the       tions, including local governments,
                vessels, and maritime educational           water quality and usability of pub-         for planning and design work. The
                programs.                                   licly owned freshwater lakes. EPA           grants can be used for the concep-
                                                            has recently announced an urban             tualization necessary to initiate wa-
                Heritage Conservation and Rec-              lakes initiative which will provide an      terfront revitalization. The grant
                  reation Service                           additional focus for the program on         awards must be matched 50/50 by
                Water Resources Section                     urban lakes.                                the organization.
                440 G Street, N.W.
                Room 312
                Washington, D.C. 20243
                Irene Murphy, Bill Honore
                Phone: (202) 343-5571

                                                                                                                                                 99

                    National Endowment for the                Non-Federal Organiza-                      This Department of Commerce-
                    Humanities                                tions                                      funded program provides technical
                                                                                                         assistance to cities and railroads to
                    Special Assistant to the Chairman         National Trust for Historic                relocate railroad facilities and to help
                    806 15th Street, N.W.                     Preservation                               overcome barriers to the rede-
                    Mail Stop 302                             Maritime Preservation Office               velopment of railroad properties in
                    Washington, D.C. 20506                    1785 Massachusetts Avenue, N.W.            cities. Many ports and waterfront
                    Leonard P. Oliver                         Washington, D.C. 20036                     areas are encumbered by rail
                    Phone: (202) 724-0297                     Capt. Harry Allendorfer                    facilities which act as barriers to
                    The Endowment supports waterfront         Phone: (202) 673-4127                      reuse. This program can advise
                    projects in the humanities including                                                 public and private agencies as to
                    historic documentation and preser-        This office encourages and assists.        how these barriers can be over-
                                                              public agencies and private organi-
                    vation, media projects, exhibits re-                                                 come.
                    search, and issue discussion at ihe       zations to include maritime heritage
                    national and state levels.                focus in'urban waterfront revitaliza-      National League of Cities
                                                              tion proj'ects through adaptive use of     Urban Environmental Design
                                                              historic maritime resources ashore           Project
                                                              and afloat. Provides technical and
                                                              advisory services and financial as-        1620 1 Street, N.W., 2nd Floor
                                                              sistance through maritime heritage         Washington, D.C. 20006
                                                              preservation grants program.               Trudy Gayer Moloney
                                                                                                         Phone: (202) 293-6795
                                                              United States Conference of                The National League of Cities repre-
                                                              Mayors                                     sents over 800 cities directly and
                                                              Railroad and Revitalization Pro-           over 15,000 through their state
                                                              gram                                       municipal leagues in Washington.
                                                              1620 1 Street, N.W.                        The League provides its members
                                                              Suite 510                                  with technical assistance in a variety
                                                              Washington, D.C. 20006                     of subject areas, one of which is
                                                              Jeffrey A. Parker                          urban environerrintal design. NLC's
                                                              Phone: (202) 293-6910                      Urban Environmental Design Project
                                                                                                         assists cities to improve the design
                                                                                                         management and quality in their de-
                                                                                                         velopment processes.

                    100

               Appendix E
               Contract for the Implementation of the
               Freemason Harbour Urban
               Development Action Grant No.
               B-79-AA-51-0111

               THIS AGREEMENT, entered into as           NOW, THEREFORE, in considera-              2. Private Development:
               of the          day of 1979, between      tion of the premises and of the            The Developer agrees to construct
               the NORFOLK REDEVELOPMENT                 promises mutually exchanged                and/or rehabilitate on Parcels 6, 7,
               AND HOUSING AUTHORITY                     herein, the parties do agree as fol-       and 8 of the Freemason Harbour
               (hereinafter referred to as the "Au-      lows:                                      project a 195,113 gross square foot
               thority"), CHESSIE RESOURCES,             1. Public Site Improvements:               residential condominium project
               INC., a Virginia Corporation (here-       The Authority will proceed to do all       consisting of 94 residential con-
               inafter referred to as "CRI") and         those things necessary to complete         dominium units and 7,800 square
               FREEMASON HARBOUR AS-                     the public work involved in street         feet of accessory retail space. Con-
               SOCIATES, a partnership com-              improvement, utility relocation and        struction of these improvements is
               posed of Oliver T. Carr, Jr., indi-       installation, landscaping, bulkhead-       scheduled to begin in October of
               vidually, Oliver T. Carr Manage-          ing and related marine work, and           1979 and to be completed in De-
               ment, Inc., and Chessie Resources,        park and beautification work in            cember of 1980. The total cost of
               Inc., (hereinafter referred to as the     those public spaces known as Col-          these improvements is estimated to
               "Developer");                             lege Place, College Cross, Dunmore         be $6,868,339. A site plan giving
                      WITNESSETH THAT-                   Street, Yarmouth Street, Tazewell          the location, shape and size of these
                                                         Street and Harbour Square. The             parcels, prepared by McGaughy,
                                                                                                    Marshall and McMiflan, is attached
               WHEREAS, the Authority has                general nature, amount and cost of         hereto as Exhibit 2.
               agreed to cause the construction of       such work is described in Exhibit B
               certain public improvements and           and Exhibit C of the Department of         3. Public Garage:
               the Developer has agreed to make          Housing and Urban Development,             The Authority shall construct or
               certain private improvements; and         Urban Development Action Grant             cause to be constructed on Parcel 6
                                                         Agreement, No. 3-79-AA-51-                 an enclosed garage containing 104
               WHEREAS, the Authority has pre-           0111, for the Freemason Harbour            parking spaces at an estimated cost
               pared and received preliminary ap-        project (Grant Agreement) which is         of $722,500.00. Such construction
               proval of an application for federal      attached hereto as Exhibit 1. Con-         is to be begun and completed in ac-
               funds under the Urban Develop-            tinuing to recognize the need to           cordance with the schedule set out
               ment Action Grant (UDAG) program          have the public improvements com-          in Exhibit F of the Grant Agreement.
               which will enable the Authority and       pleted prior to completion of the          4. Lease of Garage:
               the Developer to accelerate and in-       private improvements, the Authority
               tensify their development activities;     agrees to complete the foregoing in        Ownership of the parking garage will
               and                                       a timely fashion consistent with the       be retained by the Authority but
                                                         schedule set out in Exhibit F of the       ]eased to a Condominium Associa-
               WHEREAS, the parties desire to de-        Grant Agreement.                           tion made up of purchasers of the
               fine and detail the scope and de-                                                    condominium units as a monthly
               scription of the improvements which                                                  rental of not less than $26.50 for
               the parties now desire to have com-                                                  each parking space. The Developer,
               pleted by the public and private                                                     in establishing this condominium re-
               sector in conjunction with the de-                                                   gime agrees to incorporate provi-
               velopment of Parcels 6, 7, and 8 of                                                  sions for the aforementioned lease
               the Freemason Harbour project;                                                       agreement as a part of the purchase
                                                                                                    contract for the sale of the con-
                                                                                                    dominium units.

                                                                                                                                            101

                    5. Ground Lease for Condominium            6. Payment of Taxes:                        IN WITNESS WHEREOF, the par-
                    Units:                                     Developer agrees to include in its          ties hereto have executed this
                    The Authority agrees to execute a          sale documents a provision impos-           agreement as of the day and year
                    ground lease for 60 years, renewa-         ing upon the condominium associa-           first above written.
                    ble for another 60 year term, for the      tion or the individual condominium
                    site of the private improvements to        unit owner the obligation of payin          ATTEST:
                    be constructed on Parcels 6, 7, and        to the City of Norfolk the annual g         NORFOLK REDEVELOPMENT AND
                    8 calling for the payment of not less      real estate taxes due on the con-           HOUSING AUTHORITY
                    than $42.94 monthly for each of the        dominium units and common ele-
                    94 condominium units. The exist-           ments, which taxes are estimated to         Executive Director                  Date
                    ence of the underlying ground lease        aggregate the sum of $92,356 an-
                    will be recognized in the Developer's      nually.                                     Approved as to form and correctness:
                    sales documents for the con-
                    dominium units.
                                                                                                           NRHA, Counsel                       Date

                                                                                                           ATTEST:
                                                                                                           CHESSIE RESOURCES, INC.

                                                                                                           Approved as to form and correctness:

                                                                                                           ATTEST:
                                                                                                           FREEMASON HARBOUR
                                                                                                           ASSOCIATES

                                                                                                           Approved as to form and correctness:

                                     r"MM, rp
                                                       FT- I         'T

                                                         'a

                                       7

                    102

                Appendix F
              .Zoning Bylaw, Section 401.09, Town of
                Plymouth,. Massachusetts, July 18,
                1973

                401.09 Waterkont                                B. Allowed uses.                               5. Multi-family and single family at-
                A. Intent.                                      l. Boat sales, service, rentals, ramps         tached residential provided such
                To encourage the development of                 and docks; commercial sightseeing              complexes are designed not to pre-
                marine, history or tourism land uses            or ferrying;                                   clude public access to and along the
                and activities which take advantage             2. Marine railways, repair yards,              shoreline.
                of the peculiar characteristics of the          storage yards, marine supply outlets;          D.-Prohibited Uses.
                waterfront as well as its central loca-         3. Commercial fishing and seafood              1. Industrial uses;
                tion in Plymouth Center and its                 wholesale or retail outlets and re-
                proximity to the historic area.                 lated uses.                                    2. General commercial uses not re-
                To aid in revitalization of the central                                                        lated to any of the stated purposes
                area by encouraging uses which at-              C. Special    Permit Uses Subject to           or activities of the waterfront which
                tract people into the area and gen-             Environmental Design Conditions.               would not make appropriate use of
                erate ped estria n -oriented activity.          1. Restaurants and outdoor eating              its unique potential.
                                                                facilities;
                To complement the seasonal nature                                                              E. Dimensional and other Re-
                of the waterfront and tourist areas             2. Recreational, social, or cultural           quirements.
                by establishing uses of year-round              facilities such as theater, playhouse,         1. All uses, premises, and structures
                activity and vitality.                          bandshell, outdoor pavilion, night             should be designed to allow all
                To require special Environmental                club, community center;                        pedestrian access to and along the
                Design Conditions for special permit            3. Hotel, motel, or other tourist re-          shore for a minimum distance of ten
                uses to insure, among other pur-                lated facility;                                (10) feet inland from the mean high
                poses, proper emphasis on a pedes-              4. Speciality shopping facilities such         water mark;
                trian environment, adequate pedes-              as art galleries, gift shops, antique          2. Minimum setback of major struc-
                trian links between the proposed                shops, import shops, leather and               tures from mean high water mark
                development and surrounding prop-               natural goods stores, as part of a             shall be twenty-five (25) feet, unless
                erties, high standards of site plan-            pedestrian-oriented shopping arcade            the wetlands designation and regu-
                ning, architectural design which       .is      or center; and including uses of a             lations of Section 401-02 apply.
                compatible with the adjoining his-              more general commercial nature
                toric area.                                     which do not detract from the pur-
                                                                poses of the waterfront and which
                                                                are necessary to the economic via-
                                                                bility of such a complex;

                                                                                                                                                        103

                    Appendix G
                    Toledo Municipal Code

                    Arficle XXVI                                   the Council of the City of Toledo             cient pedestrian and vehicular ac-
                    Maumee Riverfiont                              may designate by ordinance. The               cess, to provide adequate parking,
                                                                   MR-O District boundary, after des-            to preserve and enhance principal
                    Overlay District                               ignation by Council, shall be, shown          vistas and visual relationships, and
                    SECTION 9-26-1 Creation of Dis-                on the zoning map as an overlay so            to promote a beneficial relationship
                    trict                                          that the underlying zoning district           between the waterfront area and
                    SECTION 9-26-2 Effect of District              will remain legible.                          adjoining areas. Such designated
                    SECTION 9-26-3 Purpose and In-                                                               areas located within the MR-O Dis-
                    tent                                           SECTION 9-26-2        Effect of District      trict, are:
                    SECTION 9-26-4 Variation of                    The MR-O Riverfront District is of            1. Downriver from the Craig (1-280)
                    Zoning District                                special and substantial public inter-         Bridge on the northwesterly side of
                    Regulations                                    est because of its location along the         the river; excluding the area fronting
                    A. Variation of Regulations                    visual, environmental and transpor-           on the easterly side of Summit
                    B. Zoning Map Notation                         tation resource affecting substantial         Street, Troy Street and the Toledo
                    C. Prohibition of Change                       portions of the City of Toledo in-            Terminal Railroad tracks north-
                    D. Limited Exemption from Review               cluding many neighborhoods, the               easterly of Suder Avenue to a depth
                                                                   Central Business District, numerous           of 200 feet, more or less, easterly
                    SECTION 9-26-5 Review Proce-                   parks, and several areas designated           from Summit Street to and including
                    dure and Guidelines                            or with the potential for redevelop-          the ConRail Railroad siding running
                    A.  Procedure                                  ment. It is the general purpose and           generally parallel to Summit Street.
                    1.  Submission of Plans                        intent of these regulations to provide        2 Upriver on the westerly side of
                    2. Administrative Review                       for maximum public benefit from the           the Maumee River from the cen-
                    3. Plan Commission Review                      further development of the river-             terline of Maumee Avenue extended
                    4.  General                                    front area, through a combination             southerly in a straight line to the
                                                                   and sharing of land uses. It is further       river.
                    B.  Guidelines                                 the intent of this ordinance to pro-
                    1.  General Sources                            vide for public access to the wa-             b) To encourage and foster within
                    2.  Specific Items                             terfront, eliminate or minimize               areas designated principally for
                    3. Uses                                        negative environmental impact, im-            commerce and industry, water-
                                                                   proved scenic and aesthetic con-              oriented commerce and industry
                    SECTION 9-26-6 Effective and                   trols, improved transportation coor-          and to consolidate and unify such
                    Expiration Dates                               dination and capability, and the              development in locations with
                                                                   beneficial coordination of residen-           adequate land area and access ca-
                    Article )LXV1                                  tial, recreational, commercial, and           pabilities.
                    Maumee Riverfront                              industrial land uses.                         Such designated areas, within the
                                                                   It is further the purpose and intent of       MR-O District, are:
                    Overlay District                               this ordinance.                               1. Downriver from the Craig (1-280)
                    SECTION 9-26-1 Creation of Dis-                a) To promote within areas desig-             Bridge on the east side of the river,
                    trict                                          nated principally for residentially           except within 100 feet of Consaul
                    The Maumee Riverfront Overlay                  park and water-oriented recreati@n            Street between Front Street and the
                    District, which may be referred to as          uses a superior level of public ac-           Maumee River, and within 50 feet of
                    the MR-O, is hereby created as an              cess, convenience, comfort, and               Front Street between Esther Street
                    overlay district to be applied to such         amenity; to encourage safe and effi-          and York Street.
                    lands related to and adjacent to the
                    Maumee River and Maumee Bay as

                    104

                2. On the westerly side of the river        1. Buffering and screening, modifi-        For the purposes of the MR-O Dis-
                between the Penn Central (formerly          cation of yards or other open space        trict, change shall mean:
                New York Central) Railroad Bridge           generally required, changes in signs,      1. Construction or alteration of a
                and main right-of-way into and              and changes of height.                     structure; but not replacement of in-
                through the middlegrounds and the           2. Elimination of or limitation on         dustrial machinery or fixtures which
                1-75 Bridge, and between said Penn          specific uses otherwise permitted.         do not involve a structural alteration
                Central Bridge and main right-of-           Determination of any such elimina-         as defined in Section 9-26-1 of the
                way into and through the middle-            tion or limitation of a specific use       Toledo Municipal Code.
                grounds and the 1-75 Bridge, and            may be requested without plan re-          2. Occupancy of vacant premises.
                between said Penn Central Bridge            view in order to reduce the time and       3. Commencement of a different
                and main right-of-way and a straight        expense of review in those cases           land use.
                line bearing due east to the Maumee         where the Commission finds it can          4. Filling, grading, or excavating of
                River from the intersection of              feasibly determine such limitation         land.
                Emerald Avenue with the centerline          independently or a review of de-
                of Morris Street.                           tailed site and development or oper-       D. Limited Exemption from Review
                3. On the easterly side of the              ational plans.                             1. Proposed changes by existing in-
                Maumee River from the centerline of         B. Zoning Map Notation                     dustrial uses which involve a total
                Fassett Street to the 1-75 Bridge.          Notation concerning required or            projected expenditure of less than
                c) With respect to those areas indi-        permitted variations shall be made         $100,000 or 25 percent of the ap-
                cated for shared use, being those lo-       on the official zoning map, by ap-         praised value of the premises as
                cated within the MR-O District not          propriate identification and date,         listed by the Lucas County Auditor
                included in the areas designated in         and a copy of the variation shall be       whichever is the lesser, shall be
                paragraphs a and b of this section,         filed in the office of the Zoning Ad-      exempt from review provided:
                to encourage the beneficial coordi-         ministrator for future guidance and        a. They do not involve a change in
                nation of residential, park, recrea-        as a public record. As appropriate to      land use, or the external configura-
                tional, commercial, and appropriate         the circrnstances of the case, a copy      tion of a main structure, external
                industrial uses. To these ends, de-         may also be recorded with the              oriented signing or substantial
                velopment shall be designed to es-          County Recorder.                           change in the grade of the land or
                tablish through the spacing height          C. Prohibition of Change                   access thereto.
                and bulk of structures, an open             No person shall make a change as           b. The cumulative total of said ex-
                character with respect to principal         defined below before such change is        penditures, over any three-year
                views of the river. Pedestrian circu-       approved unless it has been                period, on the same structure or
                lation systems wherever feasible            exempted under the terms of this           project is not reasonably expected
                shall form a convenient landscaped          ordinance or is for emergency work.        to, and does not exceed the lesser
                network to extensive areas of               Emergency work may be com-                 amount specified above.
                shoreline. It is further intended   at      menced concurrent with an applica-         2. Review of proposed changes by
                adverse visual influences be pr ib-         tion for review when there is immi-        industrial uses not otherwise
                ited or minimized to preserve       d en-   nent danger of personal injury or          exempt, located within the portion
                hance unusual visual qualities.             material damage to property. Plans         of the MR-O District designated by
                SECTION 9-26-4 Variation of                 for emergency change shall be filed        Section 9-26-3 (b) as principally for
                                                                                                    A  commerce and industry, and in ac-
                Zoning                                      for review as soon as possible and         cordance with the underlying zon-
                District Regulations                        not later than the first working day       ing, shall be limited to the following
                                                            after repairs have commenced. No
                A. Variation of Regulations                 building, occupancy, health depart-        site plan review items:
                Variations may be required     or per-      ment or other permit or license shall      a. Location, height, and bulk of
                mitted from a regulation or regula-.        be issued for a change required to         buildings
                tions applying generally within the         be reviewed under this ordinance           b. Traffic access, roadways, parking
                underlying district upon finding in a       unless the change has been ap-             c. Buffering, screening, site grading,
                particular case that such variations        proved or is proceeding as emer-           and erosion
                are necessary to achieve the public         gency work under concurrent re-            d. Signage
                purposes set forth for the MR-O             view.                                      e. Provision for public access.
                District or for public protection or
                protection of particular buildings
                and their environs, or undeveloped
                areas of public interest, or to ease
                the transition from one zoning dis-
                trict or type of use to another. Such
                variations may reqkiire or permit
                                                   th
                                                 oh

                                                 an

                such change as:

                                                                                                                                                105

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                  108

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