1. 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 2010. Contact: sam.staley@reason.org sam.staley@reason.org Web sites: www.reason.orgwww.reason.org. www.reason.org

2. Staley, 24 Setpember 2010 www.Reason.org 2 The Goal of Smart Growth is to Expand Political Control Over Land Development Economic Politics Social/Cultural

3. Staley, 24 Setpember 2010 www.Reason.org 3

4. Staley, 24 Setpember 2010 www.Reason.org 4

5. Staley, 24 Setpember 2010 www.Reason.org 5 Land Transition is Common

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

7. Staley, 24 Setpember 2010 www.Reason.org 7 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

8. Staley, 24 Setpember 2010 www.Reason.org 8 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

9. Staley, 24 Setpember 2010 www.Reason.org 9

10. Staley, 24 Setpember 2010 www.Reason.org 10 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

11. Staley, 24 Setpember 2010 www.Reason.org 11 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

12. Staley, 24 Setpember 2010 www.Reason.org 12 Is Conventional Planning and Subdivision Regulation Better?

13. Staley, 24 Setpember 2010 www.Reason.org 13 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

14. Staley, 24 Setpember 2010 www.Reason.org 14 Conventional Planning is Open Ended Public Control of Land Use (and Increasingly Design) Citizens (Current) City Council Planners Planning Board Developers Citizens (Future)

15. Staley, 24 Setpember 2010 www.Reason.org 15 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

16. Staley, 24 Setpember 2010 www.Reason.org 16 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

17. Staley, 24 Setpember 2010 www.Reason.org 17 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