Opportunity Urbanism: Zoning & Planning for the 21 st Century City Samuel R. Staley, Ph.D. Director,...

Opportunity Urbanism: Opportunity Urbanism: Zoning & Planning for the Zoning & Planning for the

2121stst Century City Century City

Samuel R. Staley, Ph.D.Samuel R. Staley, Ph.D.Director, Urban and Land Use Policy, Director, Urban and Land Use Policy, Reason FoundationReason Foundation

Presentation prepared 8Presentation prepared 8thth Annual Preserving the Annual Preserving the American Dream Conference, Orlando, Florida, American Dream Conference, Orlando, Florida, 24 September 2010. 24 September 2010. Contact: Contact: [email protected]@reason.org Web sites: Web sites: www.reason.orgwww.reason.org. .

Staley, 24 SetpemberStaley, 24 Setpember 2010 2010

www.Reason.org www.Reason.org 22

The Goal of Smart Growth is to The Goal of Smart Growth is to Expand Political Control Over Land Expand Political Control Over Land

DevelopmentDevelopment

Economic

Politics

Social/Cultural



Land Transition is CommonLand Transition is Common

Houston Presents an Houston Presents an Alternative Approach to Alternative Approach to

Land Use RegulationLand Use Regulation

Conventional Planning & Conventional Planning & Smart Growth Vs. A Smart Growth Vs. A Practical Practical Market-Oriented ApproachMarket-Oriented Approach



Why Houston Stands Out Why Houston Stands Out

Houston remains the largest city without Houston remains the largest city without zoningzoning

Higher density, mixed use development Higher density, mixed use development • SpontaneousSpontaneous• Without subsidy Without subsidy

Houston’s housing market is dynamic and Houston’s housing market is dynamic and resilientresilient• Housing remains affordableHousing remains affordable

Employment base continues to expandEmployment base continues to expand These economic accomplishments are These economic accomplishments are in in

spitespite of its location of its location



Development Regulation In Development Regulation In HoustonHouston

Market drivenMarket driven Culture Culture andand policy policy

Extensive private planningExtensive private planning• Private covenants (land use)Private covenants (land use)• Site development (platting)Site development (platting)

Performance-based Performance-based public public development regulationdevelopment regulation AdministrativeAdministrative High degree of High degree of certaintycertainty

No public regulation of land No public regulation of land useuse



Conventional Land Regulation Conventional Land Regulation Vs HoustonVs Houston

ConventionalConventional Comprehensive Comprehensive

plan/master planplan/master plan• Zoning map approvedZoning map approved• Reviewed periodicallyReviewed periodically• Extensive public Extensive public

involvementinvolvement RezoningRezoning

• Entitled, land purchasedEntitled, land purchased• Public hearingsPublic hearings

Site Plan ReviewSite Plan Review• Public hearingsPublic hearings

Final Site Plan ReviewFinal Site Plan Review• Public hearingsPublic hearings

Building Permits IssuedBuilding Permits Issued• AdministrativeAdministrative

HoustonHouston Land platted (1 month)Land platted (1 month)

• Administrative reviewAdministrative review• 30 day review period30 day review period• Cannot violate deed Cannot violate deed

restrictionsrestrictions• Development entitledDevelopment entitled

Site Work ReviewSite Work Review• LandLand• StructureStructure• Parking garagesParking garages

Permits IssuedPermits Issued Simultaneous submissions Simultaneous submissions

allows construction to allows construction to begin begin on complex projects on complex projects in 3-4 monthsin 3-4 months



In Houston…In Houston…

Low development costsLow development costs• Multifamily housing can be permitted and Multifamily housing can be permitted and

fully leased in 145 daysfully leased in 145 days Neighborhoods transition organically Neighborhoods transition organically

as the city growsas the city grows• Change is a recognized consequence of Change is a recognized consequence of

economic growtheconomic growth Commercial development is orderly Commercial development is orderly

and appropriateand appropriate



Is Conventional Planning and Is Conventional Planning and Subdivision Regulation Better?Subdivision Regulation Better?



Key Elements of Conventional Key Elements of Conventional PlanningPlanning

““Closed” systemClosed” system Urban development is nonorganicUrban development is nonorganic

• Presumption is against changePresumption is against change Assumes Assumes rationalrational and objective and objective

decisionmakingdecisionmaking• Reality is most public involvement is not Reality is most public involvement is not

fact or evidence basedfact or evidence based• Multiple opportunities to manipulate the Multiple opportunities to manipulate the

processprocess Legally bindingLegally binding



Conventional Planning is Open Ended Conventional Planning is Open Ended Public Public Control of Land Control of Land Use Use (and (and

Increasingly Design)Increasingly Design)

Citizens(Current)

City Council

PlannersPlanning Board

Developers

Citizens(Future)



Costs of Conventional PlanningCosts of Conventional Planning

Development approval is lengthyDevelopment approval is lengthy Substantial upfront costs for Substantial upfront costs for

entitlement and approvalentitlement and approval Housing markets are less Housing markets are less

dynamic, resilient and innovativedynamic, resilient and innovative Zoning is largely ineffective and Zoning is largely ineffective and

serves to promote existing land serves to promote existing land usesuses



Houston Minimizes the Politics Houston Minimizes the Politics of Development Controlof Development Control

Administrative review Administrative review Focus on performance and outcomesFocus on performance and outcomes

• Does the project impact the rights of Does the project impact the rights of others?others?

• Is the impact significant?Is the impact significant?• Can the impact be measured?Can the impact be measured?• Can the impact be mitigatedCan the impact be mitigated

Encourages certaintyEncourages certainty



Houston development regulation Houston development regulation works if cities want to…works if cities want to…

Promote affordable housingPromote affordable housing Promote orderly neighborhood Promote orderly neighborhood

transitions concurrent with the transitions concurrent with the city’s developmentcity’s development

Citizens are truly concerned Citizens are truly concerned about mitigating the community about mitigating the community impactsimpacts of development of development

Opportunity Urbanism: Zoning & Planning for the 21 st Century City Samuel R. Staley, Ph.D. Director,...

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