Zoning Makes the World Go 'Round

As Thanksgiving is now in the rearview mirror (and hopefully the remnants not now attached to our backsides), we forge ahead towards the next round of holidays to greet us in December. By the end of my last post, I realized I left things a little darker than intended, so now I would like to shift back in happy mode for this edition. In that spirit, let's take a look around us to find the success stories going on in the world of land use, and see how much a little ingenuity can change things for the better. In particular, kudos to certain zoning and other municipal measures that have fostered new programs and neighborhoods that seem to make people's lives a little better. Sure, these news items highlight the ways in which these policies can equally create unhealthy, unintended consequences on the built environment, but let's overlook that grouchy outlook for the moment.

Let's start in Chicago, where none other than Mayor Daley, the tree-hugger himself, has spearheaded the city's Green Alley Initiative, which aims to replace impervious, paved alleys with porous paving material across the metropolis. This ingenious approach cuts down on runoff and allows for more natural absorption into the ground, which in turn allows for natural cleaning of the drained water to someday make its way back into Lake Michigan, the repository of Chicago's water system. The city has also set up an expedited permitting process for builders willing to undertake green building techniques. As one pundit notes, "Recycling programs are all well and good, but the things that really move public policy and the industry are things like taxes and the building code." How right Martin C. Pedersen, the executive editor of Metropolis magazine, is. Unlock the power of municipal regulation, and who knows what could be accomplished.

How about in Denver, Colorado, where recent zoning amendments have fostered the rehabilitation of the Capitol Hill neighborhood, bisected by its main drag, Colfax Avenue. Once an open drug market, other more desirable types of activities and residents have moved into the area, creating an eclectic, electric part of the city. Specifically, the city has encouraged street-level retail, and the retention of residential units on the upper floors of buildings. In a plan that would no doubt warm the heart of the Jane Jacobs fans out there, the neighborhood enjoys a lively, active streetscape. In addition, crime has seen a significant decrease - down 40 percent since 2005. Give a little, and let, as one denizen noted, "Colfax be Colfax."

And what about Toronto, Canada, where zoning changes have allowed for the sprouting of Peace Village, a subdivision in suburban Vaughan, north of the main city. Like the Hasidic Jewish communities of Rockland County, New York, and Ave Maria, a community centered around a Roman Catholic Church near Naples, Florida, Peace Village is faith-based -- centered around the Ahmadiyya Muslim faith. The mosque had been built in 1992, but the area surrounding it was zoned agricultural. In 1994, the zoning was changed to residential, and the place took off with the construction of homes on an adjacent plot. The developer worked with the mosque to cater the homes towards members of the Muslim sect, which attempts to unite religious doctrine with modern reality. Word of mouth was sufficient to sell out the initial stock of homes. Although seen by some in Toronto as an attempt to distance the community from mainstream society, the man who foresaw the potential of Peace Village notes that it simply allows for members of his faith to pray with their iman more regularly. Besides, many of the residents commute elsewhere for work. Either way, the benefits to the people who have chosen to live in Peace Village are clear. All, or at least, a portion of the tide was turned with the aid of a rezoning.

The power of zoning and other municipal regulations -- their ability to give and take away -- is omnipresent. They can stimulate many good things, with just a little forethought. There was a reason the Progressives of the early 20th century took up the cause of zoning. Sure, much of their philosophy was misguided elitism. But as the concept has evolved over the course of a century, the true benefits can be seen. The only question is whether this will become the rule, or remain the exception.

For Better or Worse

As we move into the holiday portion of the year, it's alternatively fun and depressing to look back at the prior calendar and see how fast it all went. In the same vein, it is also a popular exercise to look back at the year, and take an accounting on how things are going out there, and revisit our friends to find out how the heck they're doing. I feel like doing the same thing for some of the stories I've been tracking in the land use world over the course of this year. Sure, I'm jumping the gun a bit on the recap for 2007, but there have been a few tidbits in the news that got me to thinking about whether some of these trends and happenings have taken a turn for the better, or for the worst. One story that popped up again in the news is out of my birthplace of Cleveland, which is suffering disproportionately hard from the foreclosure crisis that continues to affect homeowners across the nation. Unfortunately, it appears the fears reported have grown worse. Crime has infiltrated such places as Slavic Village, a working-class community in the metropolis. Not exactly new to crime, the area has nonetheless seen fortunes turn worse when homes are foreclosed. According to one source, on average, once the owners are forced to move, it takes about 72 hours for looters to strip everything valuable from a home, down to the piping. Approximately 800 homes stand vacant in the community.

How about in China, where from time to time we looked at the situations facing the hyper-growth economy of the largest market in the world. One such storyline comes from the Three Gorges Dam project, the gigantic harnessing of hydroelectric power occurring in the hinterland of the nation. After having displaced over a million people, rumblings are beginning to surface about the environmental degradation and geological instability caused by the construction. In addition, as the nation seeks to continue to harness its hydroelectric potential, there is a call for additional relocations and upheaval for more locals. In the end, the economic and social well being of those living in these regions may not be improved materially with all the hubbub. And besides, China is still building coal-burning electric plants to satiate most of the increasing demand for electricity.

With the stories thus far, it is enough to put a damper on our impending turkey fests. How about all the talk I devote to approaches to improve the environmental state of our built environment? In Fort Collins, Colorado, which believes it is, "Where Renewal Is a Way of Life," they are facing two proposed energy projects that demonstrate the difficulty in defining the term "clean energy" sources. One project involves the, at first blush, "clean" source of solar power. The other is the oft-evil nuclear power source. However, at closer inspection, the solar initiative will require the use of cadmium, a carcinogen, and the nuclear initiative, which involves the extraction of uranium near the town, would actually support power plants with no carbon emissions. Why must everything be so complex? Why can't we have at least one feel-good story where everything works out well?

Sure, it may seem like things are imploding in around us. Throw in global warming, and it only makes one even more uneasy as we hop in our cars, and on planes, to travel long distances to be with our loved ones for the holidays. Around this swirling turmoil, it is actually a good thing that it is time for the holidays. Because putting aside the minor squabbles bound to happen when families reunite for the season, be thankful they are there, to lean on and realize that there is still some good out there in the world.

Back to Basics

Sometimes, or if you believe Occam's Razor, it is always the case that the simplest solution is the best solution. Keep it simple, and everything will work out just fine. When it comes to land use, it seems like the opposite maxim is the rule rather than the exception. Somehow, people like to go along with the often more cumbersome status quo rather than trying to change things up. We practitioners are left to navigate through the process with little help. Recently, while attempting to file an application, we were informed that the applicable municipality did not have any records of the building permits that were issued in connection with the existing structure on the property at issue. They asked that we go searching for the permits, because they, as the keeper of the records, must have some record of them before we move forward with our application. Rather than recognize the obvious, i.e., that if the Town does not have the permits, it is not too likely anyone else will, we are left to embark on a scavenger hunt to try and satisfy their request.

Another tidbit out in the world around us that highlighted this point is the crazy system that apparently governs the streets of Costa Rica, where it is almost impossible to find anything, especially if you have no idea where to look. Forget about using Google Earth -- you're pretty much on your own when it comes to seeking someone out in the Central American nation. There are no "addresses," as Americans have come to know them, but instead there are approximations of locations based on landmarks. Postal workers must actually attempt to deliver mail to such locales as "125 meters west of the Pizza Hut," or "from the Tibas cemetery, 200 meters south, 300 meters west, cross the train tracks, white two-story house." Twenty percent of the nation's mail is deemed "undeliverable" -- go figure. The national government is trying to correct this problem, issuing standardized addresses. Thinking how things can go wrong here, it is downright scary to contemplate how anything gets done in a place where no one can say for certain where they live or work.

How about those places where things seem to be working right? Well, the model I always turn to when it comes to land use is Portland, Oregon. Beginning in the 1970's, Portland, among other progressive land use approaches, decided to foster the increased use of bicycles as a primary mode of transportation. Today, Portland ranks as one of the most bicycle-friendly cities in the nation, and its nascent industry to support the level of usage is in turn becoming a vibrant, if not significant part of the economy. As one of the city commissioners has chronicled, "Our intentions are to be as sustainable a city as possible. . . . That means socially, that means environmentally and that means economically. The bike is great on all three of those factors." Who knows how overly-optimistic such an analysis may be, but it does show that simplicity, even in the land use realm, can supply some real answers.

Of course, "back to basics" doesn't always mean "better" when it comes to the built up environment. Take the example of Todd Haupt, an enterprising entrepreneur in Missouri real estate, who is beginning to feel the pains of the market as it comes back to earth from the heady days of the past decade. Out of one semester of community college education, Haupt had parlayed his flipping skills into a multi-million dollar enterprise. When the collapse came, Haupt essentially lost anything, having to start again from square one, to return to the "basics" of having nothing. "I feel like, yes, I overextended myself. . . . But when do you know not to overextend yourself? If I had a crystal ball, I never would have built my house. But when do you know? That's why we're speculators." In a situation like this, it is hard to figure out what may be the simplest solution. In the case of the volatile real estate market, it is hard to see when it will all turn sour until it starts to happen.

Of course, at the bottom of all things land use, the ultimate determination of what is simpler is usually what is cheaper. Take for example the trend in condo building developments, where developers are scaling back from the heyday of recent times when buildings had to offer crazier and more lavish amenities to attract the customer. Today, the reverse trend is in place, where "less is more." As one developer explains, "Costs are through the roof. . . . A developer today has to make every square foot as productive, economically, as possible." Not like this has ever not been the case. But it reinforces the point that to survive in this land use game, change is the key. That is the simplest solution. Of course, as for my predicament, I can only hope to change the municipal minds standing in my way of filing my application.