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Tag zoning

The Little-Known History of “Light and Air”

“Light and air” is a very common excuse that people give for why we must have basic zoning laws, and while nowadays a lot of people mean it simply in an aesthetic sense – another way of saying “I like to be able to look out a window and not see another skyscraper 50 feet away” (though for some reason when said interaction happens on the second or third floor, it’s okay?) – the origins of it are very interesting, and I believe crucial to understanding today’s urban plans. Of course, the ideas that turn-of-the-century planners had about disease and density turned out to be totally incorrect – privacy and being able to look out a window is nice, but the lack thereof is not a great health risk. As Robert Fogelson writes on pages 125-26 of Downtown: Skyscrapers were also a serious menace to public health, advocates of height limits charged. As early as the mid 1880s, they said that tall office buildings were turning the streets below into dark, damp, and gloomy canyons. During the winter they blocked the sun, leaving the cold streets even colder. During the summer, wrote American Architect and Building News, they acted as “storehouses of heat,” driving up the temperature after sunset, making the once cool and refreshing nights unbearable. The skyscrapers also shrouded the nearby buildings in darkness, forcing the office workers to rely on artificial light – which, it was believed, put a strain on the eyes. Worst of all, the skyscrapers deprived both the streets below and the adjacent buildings of fresh air and sunlight. To Americans who still held that disease was a product of the “miasma,” the noxious vapors that permeated the cities, the lack of fresh air was bad enough. To Americans who believed in the new […]

Links

1. NYT reports on dense suburban projects being scaled back across Long Island not because of financing constraints or the recession, but because local governments are refusing to accept the density. At the end it cites AvalonBay as saying that after the its rebuke on the Island, it will reconsider “whether we would stay on Long Island and be an investor.” AvalonBay is a developer that specifically targets “high barrier-to-entry markets,” so the fact that it’s considering pulling out of the market entirely is a bad sign for Long Island’s long-term growth prospects. 2. Cap’n Transit on the private bus battle brewing in New York City that we should all be paying more attention to. Coincidentally, earlier today I did a search for new about dollar vans, and the only coverage I found was about car crashes – anyone know of any new developments that have flew under the radar of the mainstream media? Separated by language and legality, private buses might be one of New York City’s most undercovered industries. 3. An incredible list of demands from DC Walmart foes. I have no particular love for Walmart – it’s clear that their business model relies heavily on government intervention in favor of roads and sprawl – but any self-styled “community” group that’s demanding free buses every 10 minutes to the Metro, transit benefits for workers, and “free or low-priced parking spaces” is not to be taken seriously. I also like how they want Walmart not to screen workers’ backgrounds at all but also want “no less than two off-duty D.C. police officers on its premises at all times.” The demand for direct cash bribes at the end is also pretty classy. 4. SFpark, the San Francisco market-based on-street parking pricing scheme, has launched. Apparently the price can get up […]

Links

1. NYT A-1 headline! Number of new single-family homes sold in February was at its lowest point since data was first collected in 1963, but multi-unit sales are up. 2. Lydia DePillis with an example of some abhorrent NIMBYism from DC. 3. Anti-laneway housing propaganda from Vancouver. It looks like some are bucking the requirement that you have one parking spot per lot and are “putting in large windows and heated flooring in the garage of their laneway homes.” 4. A Toronto developer on “podiumism,” or skyscraper form that zoning rules force architects to build. New York City’s first zoning code in 1916 had setbacks that had a similar effect, though it formed more of a ziggurat – a much bulkier shape than is allowed today. 5. The Overhead Wire and The Transport Politic criticize new surburban-oriented low-ridership American commuter rail lines.

The effects of the Bloomberg rezonings

Here’s a chapter in a book (you can read a lot of it for free) by the same authors of the NYC parking minimum study, but this time on the practical effects of the Bloomberg rezonings. Here’s an excerpt from the conclusion: This study helps to shed light on the land use consequences of this tension between citywide goals and the political and administrative realities often emanating from neighborhood concerns about development by analyzing the cumulative impact the rezonings the City enacted between 2003 and 2007 had on residential development capacity. By identifying lots that were affected by these zoning changes and estimating the resulting change in residential development capacity, we find that the net impact has been a modest overall increase in the City’s residential capacity. Consistent with the City’s desired development patterns, this modest increase has overwhelmingly been concentrated in neighborhoods near rail transit stations. We also find, however, that about half the capacity added near rail stations from upzonings was effectively canceled out by downzonings of lots near transit. While these downzonings may be important to protect neighborhoods from new development that existing infrastructure cannot support or that is inappropriate for other reasons, they may limit the City’s ability to grow, or force growth into other neighborhoods, including, perhaps, those that are even less well served by rail transit (or otherwise less suitable for development). The analysis only took into account maximum FAR, and did not consider parking minimums, height limits, or open space requirements as limiting factors. Those are, however, difficult to factor into analyses, since they influence development by adding costs rather than imposing hard limits, and the extent to which those costs inhibit development is dependent on future market conditions that are beyond the scope of any model.

Links

1. Maps of sprawl and gentrification in Detroit, St. Louis, Chicago, and Boston. At first the picture looks bleak for cities, but Jesus – even downtown Detroit is growing! (More here.) 2. A real, live Texan (just kidding – he lives in Austin) replies to O’Toole on parking. 3. Why aren’t (more) urbanists cheering on Jerry Brown’s attempt to kill sprawl-inducing California redevelopment agencies? (Streetsblog SF/LA, I’m looking at you!) 4. NY lawsuit alleges that LEED standards are meaningless, and Charlie at Old Urbanist takes the opportunity to review the case against America’s most popular “greenness” metric. 5. This is awesome: The DC Office of Zoning makes the code and all the overlays accessible on Google Maps. Is there any other city with anything like it?

A far-too-long rebuttal of Randal O’Toole on parking

Donald Shoup and Randal O’Toole – they just can’t get enough of each other! Donald Shoup, you may recall, is the granddaddy of free market parking policy, and Randal O’Toole is the self-styled Antiplanner. Though they both claim to be libertarians, they seem to have some pretty fundamental disagreements, which we heterodox libertarians at Market Urbanism can relate to. Shoup has made a career out of pointing out the sprawl-enhancing effects of minimum parking regulations and under-priced on-street parking, whereas O’Toole’s made his on the idea that sprawl is the free market equilibrium and that smart growth, not anti-density NIMBYism, isthe greatest threat to free markets in land. They’ve sparred before in a roundabout way, with Randal O’Toole replying to Tyler Cowen’s very Shoupian NYT column and then Shoup posting a three–part rebuttal to that (which I wasn’t totally onboard with, surprisingly), but I think this Cato Unbound issue is the first time they’re being published head-on. It’ll also also include friend and former Market Urbanism contributer Sandy Ikeda, whose opinion I’m excited to read, along with Clifford Winston of Brookings. Shoup’s contribution was good, though probably familiar to Market Urbanism readers. But it’s O’Toole’s that I want to talk about. There’s a lot about what he wrote that I take issue with, but to keep this post to a manageable length (I could easily make my reply to O’Toole a three-part series), I’ll stick to this paragraph. O’Toole is arguing that in most of America, parking minimums don’t contribute to sprawl since developers would build that much parking anyway: To find out what cities would be like without minimum-parking requirements, we must turn to Texas, where counties aren’t even allowed to zone, much less impose minimum-parking requirements. This means developers are free to build for the market, not for urban planners. […]

Ed Glaeser on New York City, development as preservation, and more

Ed Glaeser has a sprawling feature story in The Atlantic about skyscrapers that’s full of urbanist history and themes that I’ve been meaning to blog about for a few days now. It’s a great article, with a lot of New York history in it, but I wanted to highlight a few bits. The part I liked most was where Glaeser talks about what I’ve called development as preservation and others have called adaptive reuse – the idea that making use of existing developed land is the best way to preserve historic buildings, although Glaeser also points out that it’s useful for preserving open land like parks, too: In 2006, the developer Aby Rosen proposed putting a glass tower of more than 20 stories atop the old Sotheby Parke-Bernet building at 980 Madison Avenue, in the Upper East Side Historic District. Rosen and his Pritzker Prize–winning architect, Lord Norman Foster, wanted to erect the tower above the original building, much as the MetLife Building (formerly the Pan Am Building) rises above Grand Central Terminal. The building was not itself landmarked, but well-connected neighbors didn’t like the idea of more height, and they complained to the commission. Tom Wolfe, who has written brilliantly about the caprices of both New York City and the real-estate industry, wrote a 3,500-word op-ed in The New York Times warning the landmarks commission against approving the project. Wolfe & Company won. In response to his critics in the 980 Madison Avenue case, of whom I was one, Wolfe was quoted in The Village Voice as saying: To take [Glaeser’s] theory to its logical conclusion would be to develop Central Park … When you consider the thousands and thousands of people who could be housed in Central Park if they would only allow them to build it up, boy, the problem is […]

Jamaica, Queens upzoning was great, but don’t forget the parking minimums

In Next American City, Aaron Barker discusses the failure of NYC’s massive rezoning in the highly transit-dependent black and immigrant neighborhood of Jamaica, Queens: One of the centerpieces of [NYC’s] initiative to house an expected 1 million new arrivals in the coming decades was the Jamaica Plan. Covering 365 square blocks surrounding a major rail hub in Queens, it was the largest rezone in the city’s history, projected to bring 9,600 jobs and 3 million square feet of new commercial space to the area. Even though it’s been over three years since the resolution passed, almost none of the expected 5,100 units of new residential construction have materialized. In fact, the only real activity has been at MODA, a 350 unit, mixed-income rental complex that opened this summer. He then poses the question: “Can redevelopment on a meaningful scale really only occur in already sought-after areas?” While it’s true that Jamaica did undergo a tremendous upzoning, there was one element missing: Minimum parking requirement reform. From what I can tell from NYC’s zoning maps and code (which are notoriously difficult to understand), there was barely any let-up at all in the Special Downtown Jamaica District (zoning district “DJ”), despite the NY Metro Chapter of the American Planning Association asking the city planners to eliminate the minimums (.pdf). Streetsblog actually wrote about this tendency to upzone without lifting parking minimums a year ago. Now, I don’t have any specific knowledge of Jamaica – I’ve only actually been to Queens once. But based on this study that we featured a few weeks ago, developers in NYC in general (and actually the study focuses on sites in Queens) only build as much parking as the zoning code mandates, implying that it is a binding constraint on development. So before we declare that zoning […]

Virginia land use law: Marc Scribner from CEI responds

After I put up the post this weekend about a Virginia Tea Party group’s opposition to a state law forcing counties to upzone enough land for medium-density development, I sent an email to Marc Scribner at the Competitive Enterprise Institute, a libertarian group, asking his opinion on the law. He was kind enough to give us his thoughts, and here they are: While I would like to see a lot more upzoning and would support state-wide legislation that would limit local exclusionary zoning (or ideally prohibit it!), subsection (1)(B) provision (6) seems problematic. Basically, legislatures should restrict exclusion, rather than force inclusion by establishing UDAs and specifying design and form aspects, if they are to pursue land-use liberalization at the state level. Also, the lack of a provision limiting property condemnations within UDAs could spur more eminent domain abuse, which has been a nasty side effect of poorly structured upzoning that results in things such as access to transit and new sanitation capacity being prioritized over property rights. David Alpert might not agree, but I consider the government robbing private property owners of their land to be a far greater offense than prohibiting multi-unit housing or mixed-use development, as much as I dislike these regulatory takings. (Although I believe Virginia has an interesting requirement that jurors in an eminent domain case be property owners.) The reason why one might see more ED abuse within upzoned areas is that going from less intense development to more intense generally calls for more public infrastructure investment (or worse, grandiose PPP projects). This is particularly true in more residential areas, as commercial and industrial zones typically have near-adequate or overbuilt sanitation facilities, etc., that can accommodate more growth. Not saying that dev is bad, but any time comprehensive redevelopment becomes more likely, people need […]

David Alpert calls out Virginia Tea Party group as land use statists

David Alpert at Greater Greater Washington has been on top of a story out of Virginia about a Virginia Tea Party group and its bizarre and seemingly anti-free market opposition to a state law forcing local governments to make room for dense growth. The law – which was passed a few years ago by Republicans, as David notes – included a few provisions, but the one in question, which a longtime Northern Virginia Republican is seeking to overturn, required each locality to designate an “urban development area” in which it would allow medium density development. It appears that the original plan was to have an urban growth boundary too, outside of which development would be much harder, but I’m not sure that was included in the version that passed. But whatever the rest of the law contained, Del. Robert G. Marshall and Virginia’s Campaign for Liberty are only opposing the provision that forces localities to provide upzoned land “sufficient to meet projected residential and commercial growth” for the next decade or two. I’ve read the bill (it’s relatively short), and the provision in question doesn’t even put a floor on density in the zoning area or cap the amount of parking allowed – all it does is force local governments to allow developers to build at higher densities. Here is, as far as I can tell, the strictest condition on the UDAs, which also have to allow mixed uses and smaller lot set-backs: The comprehensive plan of a locality having a population of 130,000 or more persons shall provide for urban development areas that are appropriate for development at a density on the developable acreage of at least eight single-family residences, 12 townhouses, or 24 apartments, condominium units, or cooperative units per acre, and an authorized floor area ratio of at least 0.8 […]

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