Agenda - Planning Commission - 03/06/2003

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138 Page 4 -- February 25, 2003 · Rezoning -- Neighbors oppose shopping center.development Shopping center area rezoned specifically for £roject · NEW yORK (01/13/03) -- The town of North Hempstead rezoned property to allow its development as a shopping center. A neighborhood association sued, complaining the rezoning constituted illegal spot zoning of the area. The court ruled in favor of the town. . The association appealed. DECISION: Affirmed. The rezoning for the shopping center did not constitute illegal spot zoning. The rezoning did not allow for a use different from that allowed in the surrounding area, and it was in conformity with the town's comprehensive plan. The project was a reconfiguration, not an expansion, of an existing shop- ping center. The reconlTguration would not have a significant impact on the environment and the environmental impact of traffic would be no ~eater than ffthe shopping center were fully occupied. The environmental assessment form for the project anticipated potential impacts, on traffic operations, but not on traffic volume or air quality or noise. -In fact, the assessment from listed a "traffic improvement plan" adding another entrance to the site. This addition couId serve to mitigate some of the .potential impacts of the project. Citation: TerraCe Manor Civic Association v. Town of North HemPstead, Supreme CoUrt of New York, App. Div., 2nd Dept., Nos. 2001-09906 & 2002- 05264(2003); see. also: Rodgers ~: HIlage of Tarrytown, '96 N.E.2d 73L ' ' see also: Stone v. Scarpato, 285 A.D,2d 467. Redevelopment -- COmmunity group claims former military base subject to restrictions Owned by federal government when coastal plan passed CALIFORNIA (01/14/03) w The city of San Diego adopted a proposition creating a "coastal. height limit overlay zone." In the new zone, building heights were limited t'o 30 feet. The U.S. Constitution g/yes Congress exclUSive jurisdiction over military bases. At the time of the new proposition, part of the new. zone was covered, by the Naval Traimng Center. Consequently, the'.he~ght limitation was inappliCable tO the .property, and over 80 buildings on the property exceeded the limitation. The-base was closed in 1993, and the city 'was placed in charge of its rede- velopment. The city sold and leased portions of the property to McMillin~NTC, LLC, which agreed to invest over $110 rrfillion in the project. The city declared the property was exempt from height limitations because the federal government owned it when the proposition was passed. McM/llin I I I I I I I I I I I I I -I I I