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Tag zoning

Food deserts and zoning

by Stephen Smith The other day I put up a post detailing the restrictions that small-scale restaurants and food carts face, but I should mention that grocery stores and supermarkets also face similar restrictions.  Like restrictions on restaurants, they end hitting poor, urban, black neighborhoods the hardest, creating the phenomenon known as “food deserts.”  Aside from traditional Euclidean zoning that forbids building commercial structures like corner grocers in residential neighborhoods, developers also face a raft of minimum parking regulations and mandatory reviews.  NYC’s FRESH initiative has been trying to overturn some of these restrictions (although it also offers developers a bunch of subsidies and tax breaks), but the restrictions they describe are still applicable in much of the city and in cities around the US: Other regulations can drive up the cost of developing grocery stores. The Zoning Resolution currently applies a higher parking requirement for food stores over other types of neighborhood retail and service uses. The current regulations also restrict grocery stores to 10,000 square feet in M1 Districts. These regulations have cost implications and reflect outdated assumptions about the impacts of new food stores.  New grocery stores may be required to purchase more land to accommodate parking than would be justified by the demand, in commercial districts where prevailing market rents are high and larger tracts of land are scarce. In M1 Districts where development costs are lower than commercial districts and larger tracts of land are more available, full-line grocery stores are subject to a time-consuming and costly public review process at a very low size threshold. These M1 Districts encompass light manufacturing areas in Mixed Use Districts where residential uses are permitted and light manufacturing areas directly adjacent to underserved residential districts. Supermarkets are difficult to build even in more suburban areas – zoning approval […]

Deregulating food

by Stephen Smith Urban planners like to discuss heavy things – roads, buildings, cars, trains. Food, though an integral part of humans’ lives, generally doesn’t enter into the equation as more than a footnote. This may be because food service is governed by different departments than buildings, streets, and vehicles, or perhaps because the regulation of food has acquired a quasi-scientific veneer that planners are afraid to impinge on. But that might be a mistake, considering how strongly food fits into the urban fabric of cities and how unlivable a place can be if it lacks the kind of food that people can afford and pick up on a whim. Though cheap and filling and an integral part of cities, towns, and villages around the world, street food in the United States has traditionally been thought of as dirty and backward. Twin Cities food magazine Heavy Table traces Minneapolis’ lack of street food to turn-of-the-century local regulations which regulated vendors out of existence with onerous fees and requirements, and outright bans in many high-traffic areas. The magazine ties the demise of street food in the Midwest to “the advent of automotive culture,” and notes the “uncomfortable whiff of pervasive institutional racism” that dogged the mostly-immigrant peddlers of bratwurst and tamales. Street food’s reputation has been on the mend, though. Urban foodies have embraced it, Anthony Bourdain has championed it on his Travel Channel show, and Top Chef contestants have been challenged to cook it. Cities across America are throwing street food festivals – an urban take on the quintessentially-American county fair. In the late ’90s, formidable public opposition forced Rudy Giuliani, who was supported by established restauranteurs and local business groups, to reconsider plans to ban food vendors from hundreds of blocks of Manhattan streets. Even urban planners are getting […]

Toronto’s new zoning code

by Stephen Smith Matt Yglesias points to an article about Toronto’s new zoning code. The story is short on details, although the lowering of parking minimums near transit and overall simplification of the code seem like appealing features to Market Urbanists. I did, however, find a blog post from last year about the proposed changes, which has a lot more details. Keep in mind that this is from last year and so it might not still be relevant, but if anyone’s interested in digging a little deeper into the new code, there’s a good place to start. This part, though, is not very encouraging: The new zoning also takes a more coherent approach to minimum parking provisions, requiring a lot less parking for condos/apartments or office buildings that are in the downtown core or on heavy transit lines. Many new projects don’t need the amount of parking required by zoning, and developers would be glad not to pay the extra cost to provide it. But the overall reduction in minimum parking requirements is disappointingly limited — the planner in charge of the project, Joe D’Abramo, estimated it at about 10% less compared to previous requirements. There also seems to be a lot of New Urbanist-style regulation – for example, making it more difficult to build drive-thrus and driveways – that we don’t necessarily support. When you look at the revisions as a whole I doubt that there’s more urban-forcing than urban-allowing, but I do wish that they’d work harder on repealing things like parking minimums and density restrictions before trying mandate density. Even if the mandatory New Urbanist regulations are minor, they give ammo to people like Randal O’Toole and the Cato/Reason bunch to claim that urbanism is being forced down people’s throats rather than simply being allowed. New Urbanist […]

Even Midtown Manhattan not immune to anti-density NIMBYism

by Stephen Smith In general, I think of Manhattan below Central Park as perhaps the freest place in America in terms of land use restrictions. There are no minimum parking regulations, zoning variances are relatively easy to get, and FAR restrictions are relatively generous. Historical preservation designations sometimes limit redevelopment, but other than that, developers have a relatively free hand to…develop. That is, unless you’re talking about building a tall skyscraper within 17 blocks of the Empire State Building: The owners of the Empire State Building, Anthony E. and Peter L. Malkin, even want a 17-block no-go zone surrounding their 1,250-foot tall tower. This would prevent Vornado Realty Trust, which wants to erect the new building on Seventh Avenue, or any other developer, from putting up a similarly oversize building in the zone. The City Planning Commission has already approved Vornado’s plan for a tower, called 15 Penn Plaza, opposite Pennsylvania Station. It would be 56 percent larger than what would ordinarily be allowed, in keeping with the city’s desire to promote high-density development close to transit hubs. But Community Board 5, whose district includes the area, did not approve. A committee at the board said the developer had not provided a rationale for such a large zoning bonus, especially since it did not have a tenant and might not build for years. While we at Market Urbanism are generally not fans of tying density bonuses to private improvement of public infrastructure, we should note that part of the quid-pro-quo for the government allowing the building is that the developer make improvements to Penn Station “worth more than $100 million,” which would be lost if the project is not approved. (HT: Infrastructurist) Edit: I may have overstated the freeness of Manhattan’s land use situation – see the comments section for […]

Must Read: The Demand Curve for Sprawl Slopes Downward

Sandy Ikeda’s latest article at FEE’s “The Freeman” is a great summary of the libertarian sprawl debate. There has been a lot of Internet chatter lately about what libertarians ought to think about urban sprawl and its causes, including pieces by Kevin Carson, Austin Bramwell, Randal O’Toole, and Matthew Yglesias. The title of Ben Adler’s post basically sums it up: “If You Love the Free Market, You Should Hate Mandated Suburban Sprawl.” Sandy includes a mention of the ongoing minimum parking debate. Sandy concludes that the more the government subsidizes items related to low-density development, the more low-density development we’ll get. But the bottom line is that the law of demand still holds – other things equal, the cheaper you make something the more of it people will want to buy, and that includes low-density development. You’ll get more of that, too, if those direct and indirect subsidies make it cheaper for people to get it. Government intervention has done just that, and it’s hard to understand how you can argue, whether you’re a proponent or (especially) an opponent of Smart Growth, that the free market alone is responsible for the amount of sprawl that we actually have. This doesn’t mean, of course, that Smart Growth regulations are the place to begin. Instead, if you think sprawl is a bad thing, it would seem logical to first remove the vast array of interventions that over the decades have pushed it along. On this, I would have thought all market urbanists could agree. Well said!

Zoning as a Tool of Class Exclusion

In regards to zoning, Discovering Urbanism has a nice post up about early 20th century urban planner Charles Mulford Robinson and his planning textbook.  It includes the following corrective to the notion that zoning originated as a way to separate polluting industry from places of residence and commerce: There’s a common narrative about how zoning unfolded in America. First, planners needed to find ways to separate dangerous and unhealthy factories from the places where people lived. Once the legal basis for this tool was secured, it was eventually employed to separate businesses from residents. The final stage of zoning was to segregating different kinds of people from each other. That’s how we reached where we are today. However, the Robinson textbook indicates that this progression was, if anything, reversed. In reality, residences at the time couldn’t be separated much from industry, because many of the working classes had to be within walking distance from their jobs. On the other hand, some of the very earliest uses of zoning were explicitly intended to separate “exclusive” neighborhoods from the lower classes, whether by requiring minimum densities or barring anything but detached single-family housing. Originally posted on my blog.

Yglesias Has My Head Spinning…

In his last two urbanism-related posts, Matthew Yglesias makes great points only to dissolve them in a vat of unrelated statements posed as conclusions.  His logical inconsistency seems to invalidate his otherwise pretty good blogging on urbanism. A couple days ago, Matthew blogged about regulation of neighborhood retail, quoting a DC blog: “In DC, zoning laws make that idea [mixed-use retail] prohibitive, and what the zoning laws don’t cover ANC and neighborhood groups do in their zealousness to protect residents from interspersing residences with commercial activity.” …. I really and truly wish libertarians would spend more time working on this kind of issue. And I also wish that ordinary people would think harder about these kind of regulations. Yes!  More, please?   But then, the next sentence leaves me saying, “huh?”: I’m a big government liberal. I believe business regulations are often needed. But still, there ought to be a presumption that people can do what they want. So, I really don’t understand what this post has to do with libertarians anymore – why even mention them. It seems logically inconsistent to presume people can do what they want, while presuming a big government can regulate their economic choices. Now, on to today’s post: Randall O’Toole is a relentless advocate for highways and automobile dependency in the United States. Consequently, I don’t agree with him about very much.  But the thing I consistently find most bizarre about him, is that the Cato Institute and the Reason Foundation have both agreed to agree with O’Toole that his support for highways and automobile dependency is a species of libertarianism. then… Central planning, of course, is the reverse of libertarianism. So if promoting alternative transportation is central planning, then building highways everywhere must be freedom! But of course in the real world building highways […]

Do We Need “New Urbanism” To Fix “Unwalkable Sprawl”?

At Volokh, Ilya Somin discusses a recent piece in the American Prospect (also linked from here) that favors “New Urbanism” to prevent “unwalkable” sprawl.  Somin favors “voting with your feet” as the preferred method of satisfying location preferences.  Unfortunately, voting options have been whittled down through government interventions: To the extent that we do need to enable more people to live in densely populated urban areas, it’s far from clear that government planning is the best way to achieve that goal. We can better achieve the same objective by cutting back on planning rather than increasing it. In many large cities, the cost of housing is artificially inflated by restrictive zoning laws, which tends to price out the poor and some middle class people. In the suburbs, as Adler points out, zoning policies sometimes artificially decrease density, for example by forbidding "mixed use" neighborhoods where commercial and residential uses are in close proximity to each other. The ultimate question is whether we should trust deeper interventions into land use to fix the complete failure of past interventions.  Long before “New Urbanism” was the progressive utopian ideal, sprawling, auto-friendly and trolley-free, single-family suburbs was their “American Dream”.  But, progressives quickly forget their history when it turns out their past visions created something they are now supposed to hate: Like previous generations of planners, the new urbanists often ignore the diversity of human preferences. Some people do indeed like high-density "walkable" environments. Others prefer to have more space and more peace and quiet. Neither preference is inherently superior to the other. To paraphrase a popular liberal slogan, we should celebrate diversity, not seek to use urban planning to force everyone to live the same lifestyle whether they want to or not. The post evokes the typical variety of comments ranging from standard […]

Rothbard the Urbanist Part 1: Public Education’s Role in Sprawl and Exclusion

I’ve been meaning to address the public education system’s complex role in land use patterns, and found that Murray Rothbard does a better job in his 1973 manifesto, For a New Liberty than I ever could.  In summary, locally-funded public education is an engine of geographical segregation, which encourages flight from urban areas, and was a driving motivation for the popular acceptance of exclusionary zoning in newer suburbs.  As a result, wealth is consistently concentrated geographically, and housing affordability is at odds with these restrictions of supply intended to exclude poorer people from draining the property tax base. Here’s a paragraph from the chapter on education: The geographical nature of the public school system has also led to a coerced pattern of residential segregation, in income and consequently in race, throughout the country and particularly in the suburbs. As everyone knows, the United States since World War II has seen an expansion of population, not in the inner central cities, but in the surrounding suburban areas. As new and younger families have moved to the suburbs, by far the largest and growing burden of local budgets has been to pay for the public schools, which have to accommodate a young population with a relatively high proportion of children per capita. These schools invariably have been financed from growing property taxation, which largely falls on the suburban residences. This means that the wealthier the suburban family, and the more expensive its home, the greater will be its tax contribution for the local school. Hence, as [p. 133] the burden of school taxes increases steadily, the suburbanites try desperately to encourage an inflow of wealthy residents and expensive homes, and to discourage an inflow of poorer citizens. There is, in short, a breakeven point of the price of a house beyond which a […]

Stadtluft Macht Frei (city air makes one free)

Thomas Schmidt wrote a great article for LewRockwell.com that covers a lot of urbanist ground, with some help from a broad selection of Jane Jacobs’ work.  Here’s a snippet: Though you might blame any number of obvious villains and historical processes for this, the name Ebenezer Howard would probably not come to mind. Howard created the Garden City idea of moving population out of concentrated urban areas like London and into a country setting, (inspired by the socialist polemic Looking Backward) and proved a major influence on urban planning; Radburn, NJ, where perhaps the cul-de-sac was invented, is an example of a place constructed to his ideal. He is one of the villains of Jane Jacobs’ magisterial classic, The Death and Life of Great American Cities, although she takes pains early on in the book to avoid overt criticism of his motives. Check it out the whole article, I think you’ll like what you read.

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