Opportunity Urbanism: Zoning & Planning for the 21 st Century City Samuel R. Staley, Ph.D. Director, Urban and Land Use Policy, Reason Foundation Presentation prepared 8 th Annual Preserving the American Dream Conference, Orlando, Florida, 24 September Contact: Web sites:

Staley, 24 Setpember The Goal of Smart Growth is to Expand Political Control Over Land Development Economic Politics Social/Cultural

Staley, 24 Setpember

Staley, 24 Setpember

Staley, 24 Setpember Land Transition is Common

Houston Presents an Alternative Approach to Land Use Regulation Conventional Planning & Smart Growth Vs. A Practical Market-Oriented Approach

Staley, 24 Setpember Why Houston Stands Out Houston remains the largest city without zoning Houston remains the largest city without zoning Higher density, mixed use development Higher density, mixed use development SpontaneousSpontaneous Without subsidyWithout subsidy Houston’s housing market is dynamic and resilient Houston’s housing market is dynamic and resilient Housing remains affordableHousing remains affordable Employment base continues to expand Employment base continues to expand These economic accomplishments are in spite of its location These economic accomplishments are in spite of its location

Staley, 24 Setpember Development Regulation In Houston Market driven Market driven  Culture and policy Extensive private planning Extensive private planning Private covenants (land use)Private covenants (land use) Site development (platting)Site development (platting) Performance-based public development regulation Performance-based public development regulation  Administrative  High degree of certainty No public regulation of land use No public regulation of land use

Staley, 24 Setpember

Staley, 24 Setpember Conventional Land Regulation Vs Houston Conventional Comprehensive plan/master plan Comprehensive plan/master plan Zoning map approvedZoning map approved Reviewed periodicallyReviewed periodically Extensive public involvementExtensive public involvement Rezoning Rezoning Entitled, land purchasedEntitled, land purchased Public hearingsPublic hearings Site Plan Review Site Plan Review Public hearingsPublic hearings Final Site Plan Review Final Site Plan Review Public hearingsPublic hearings Building Permits Issued Building Permits Issued AdministrativeAdministrativeHouston Land platted (1 month) Land platted (1 month) Administrative review 30 day review period Cannot violate deed restrictions Development entitled Site Work Review Site Work Review Land Structure Parking garages Permits Issued Permits Issued Simultaneous submissions allows construction to begin on complex projects in 3-4 months Simultaneous submissions allows construction to begin on complex projects in 3-4 months

Staley, 24 Setpember In Houston… Low development costs Low development costs Multifamily housing can be permitted and fully leased in 145 daysMultifamily housing can be permitted and fully leased in 145 days Neighborhoods transition organically as the city grows Neighborhoods transition organically as the city grows Change is a recognized consequence of economic growthChange is a recognized consequence of economic growth Commercial development is orderly and appropriate Commercial development is orderly and appropriate

Staley, 24 Setpember Is Conventional Planning and Subdivision Regulation Better?

Staley, 24 Setpember Key Elements of Conventional Planning “Closed” system “Closed” system Urban development is nonorganic Urban development is nonorganic Presumption is against changePresumption is against change Assumes rational and objective decisionmaking Assumes rational and objective decisionmaking Reality is most public involvement is not fact or evidence basedReality is most public involvement is not fact or evidence based Multiple opportunities to manipulate the processMultiple opportunities to manipulate the process Legally binding Legally binding

Staley, 24 Setpember Conventional Planning is Open Ended Public Control of Land Use (and Increasingly Design) Citizens (Current) City Council Planners Planning Board Developers Citizens (Future)

Staley, 24 Setpember Costs of Conventional Planning Development approval is lengthy Development approval is lengthy Substantial upfront costs for entitlement and approval Substantial upfront costs for entitlement and approval Housing markets are less dynamic, resilient and innovative Housing markets are less dynamic, resilient and innovative Zoning is largely ineffective and serves to promote existing land uses Zoning is largely ineffective and serves to promote existing land uses

Staley, 24 Setpember Houston Minimizes the Politics of Development Control Administrative review Administrative review Focus on performance and outcomes Focus on performance and outcomes Does the project impact the rights of others?Does the project impact the rights of 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 certainty Encourages certainty

Staley, 24 Setpember Houston development regulation works if cities want to… Promote affordable housing Promote affordable housing Promote orderly neighborhood transitions concurrent with the city’s development Promote orderly neighborhood transitions concurrent with the city’s development Citizens are truly concerned about mitigating the community impacts of development Citizens are truly concerned about mitigating the community impacts of development