Atlantic Yards development site along Atlantic Avenue.

Court found ESDC’s environmental analysis insufficient due to change in Atlantic Yards project, but refused to halt project. In 2006, the Empire State Development Corporation approved the general project plan for Forest City Ratner Companies’ Atlantic Yards project in Brooklyn. The $4 billion project includes a sports arena and sixteen high-rise buildings. Ratner agreed to purchase air rights from the Metropolitan Transportation Authority at the beginning of the project in order to facilitate the development of six of the buildings. The project’s environmental review assumed a ten-year build-out for the project and a completion date of 2016.

In June 2009, Ratner and the MTA renegotiated the terms of their agreement to permit Ratner to acquire the air rights over a fifteen-year period extending to 2030. In September 2009, ESDC adopted the project’s modified general project plan, but continued to assume a ten-year build-out with an estimated project completion date of 2019. As such, ESDC concluded that no additional environmental review was required.

Two community groups, Develop Don’t Destroy Brooklyn and the Prospect Heights Neighborhood Development Council, filed a petition claiming that ESDC ignored the impacts of the renegotiated MTA agreement on the project’s time frame for construction (read more…)

ESDC’s determination upheld that three blocks outside urban renewal area were blighted. In 2003, Forest City Ratner proposed to redevelop a 22-acre site in Prospect Heights, Brooklyn. The site included portions of the Atlantic Terminal Urban Renewal Area and portions of three privately-owned blocks outside the renewal area. After Ratner’s proposal was accepted, the Empire State Development Corporation designated itself as lead agency for the project under state environmental law. ESDC prepared an environmental impact statement and a blight study, and later approved the findings in both documents, including the finding that portions of the three privately-owned blocks were blighted. A coalition of local business owners and residents challenged ESDC’s blight finding in the non-renewal area and the sufficiency of the environmental impact statement. Supreme Court Judge Joan A. Madden rejected the challenge, and the decision was appealed. 5 CityLand 16 (Feb. 15, 2008).

On appeal, the coalition argued, among other things, that ESDC arbtrarily selected build years that distorted the project’s potential environmental impacts. The coalition also argued that ESDC’s failure to consider the positive real estate trends in the non-renewal area led it to unreasonably conclude that the proposed project was uniquely capable of alleviating blight in the non-renewal area. The coalition further claimed that ESDC’s finding of blight for the non-renewal area was unsubstantiated. (read more…)

Residents argued that the project’s public uses were illegitimate. The $4 billion Atlantic Yards project calls for an 18,000-seat arena for the Nets professional basketball team, a 180- room hotel, at least 16 high-rise apartment and office buildings, and eight acres of open space. The project site includes the Atlantic Terminal Urban Renewal Area, as well as surrounding areas developed by commercial and residential structures. The project calls for the Empire State Development Corporation to condemn private land for the project by eminent domain. 5 CityLand 16 (Feb. 15, 2008).

Brooklyn residents filed a lawsuit in federal court, arguing that the proposed condemnation would not serve a public use because it would benefit private developer Forest City Ratner. (read more…)

Commission recommends that the project be reduced by 635,000 sq.ft. and its open space increased. On September 27, 2006, the Planning Commission recommended to the Empire State Development Corporation that Forest City Ratner Companies reduce the overall size of its proposed downtown Brooklyn Atlantic Yards project by eight percent or 635,000 sq.ft. and increase the proposed open space from seven to eight acres to address the significant amount of pedestrian traffic that the project would generate. Ratner’s plan calls for a massive redevelopment of Brooklyn’s Atlantic Yards with an arena for the Nets, thousands of residential units, office space, new street retail, a transit hub, public open space and a possible hotel.

Ratner’s project triggered a Commission recommendation because the development would necessitate an override to local zoning restrictions on use, parking, loading, height, floor area, setback and signage. The Commission’s letter stated that the Nets arena was not a permitted use within the site’s residential districts or its residential/commercial overlay districts, and that the site’s residential zoning prohibited the proposed commercial uses. (read more…)

Lower Manhattan to get 630- seat primary/intermediate school. The City Council unanimously approved the New York School Construction Authority’s proposal for a new 100,000-square-foot primary/ intermediate school to be located within Forest City Ratner’s proposed residential development on a site at Beekman, Gold, Spruce and Nassau Streets in lower Manhattan. Currently, the 44,532- square-foot site contains a privately- owned surface parking lot, which Forest City will replace with its 75-story condominium and rental apartment building.

The City will hold a condominium interest in the first five floors of Forest City Ratner’s building, which will accommodate a 630-seat school for pre-kindergarten through eighth grade students in Community School District No. 2. The proposed design will meet all of the Department of Education’s standard requirements, including an interior gym and full-size cafeteria. (read more…)