Walkable development is not a drug Talk at the Design for Health Conference Minneapolis, April 30, 2007 Jonathan Levine Professor and Chair Urban and Regional Planning Program The University of Michigan Evaluative Framework for Walkable Development #1 What would justify transportation/land-use policy reform? Essence of transportation/ land-use policy reform Market for walkable development Proven effective Market interventions Market uninterested or incapable of providing Evaluative Framework for Walkable Development #2 What would justify transportation/land-use policy reform? Essence of transportation/ land-use policy reform Market for walkable development Choice expansion Removal of obstacles Municipal regulation constrains market Do Developers Want Greater Density than Regulations Allow? 100% All Respondents 90% Northeast 80% Mid-Atlantic 70% Southeast/Carribean 60% Midwest 50% 40% South Central 30% Great Plains, Rocky Mountains 20% Pacific and Northwest 10% Multi-Region Developers 0% Central City Inner Suburb Outer Suburb Rural Residential Neighborhood Preferences, Atlanta and Boston 40 Percent of Sample 35 30 25 20 Atlanta Boston 15 10 5 0 Very Strong PedestrianNeighborhood Preference Mid-Range Very Strong AutoNeighborhood Preference The Gap Between Preferences and Choices in a Sprawling Environment % Living in Walkable/Transit-Friendly Zones 90% 80% 70% 60% 50% Atlanta 40% 30% Boston 20% 10% 0% 1 2 3 4 5 6 7 Strong Transit/ Decile in Neighborhood Preference Scale Pedestrian Preferences 8 9 10 Strong Auto Preferences Can walkable development be required (where the market isn’t interested)? • • • • • Smart-growth codes Transfer of development rights Incentive zoning Inclusionary zoning Urban growth boundaries The Development Request for Proposals • Signal • Market Facilitation vs. Market Forcing You’ve selected a developer: What do you do now? • Zoning code • Other land-use regulations • Variance – (and how to gauge success) • Pragmatic Compromises The Three Levels of Policy Reform • Educate while leaving municipal prerogative in place • Change incentive structure • Share land-use planning authority between municipality and higherlevel governments Oregon Transportation Planning Rule “…local governments shall adopt land use and subdivision regulations to reduce reliance on the automobile which … allow transit-oriented developments (TODs) on lands along transit routes… Thank you! Extras Framework #1: Sprawl as Potential Market Failure (the drug model) • “[D]oes the invisible hand, which guides the conversion of land to urban use, push too hard in the direction of bigger cities? Economists use the term market failure to describe a situation in which the invisible hand fails to allocate resources in a socially desirable manner so as to maximize aggregate economic well-being. Is a…market failure involved in the spatial expansion of cities? If so, the criticism of urban sprawl is justified, and measures are needed to restrict urban expansion.” (Brueckner 2000) High-Density Requirements are Unenforcable because Capital is Mobile Higher-density development offers… Municipal land-use policy toward higherdensity Development development outcome Greater profits than lowerdensity on-site and elsewhere Prohibit Lower density Allow Higher density Require Higher density Lesser profits than lowerdensity development on-site and elsewhere Prohibit Lower density Allow Lower density Require Vacant Framework #2: Sprawl as Potential Government Failure (the organic produce model) • “[T]he belief that sprawl is caused primarily by market failures is based on the false assumption that there is a freely operating land use market in U.S. metropolitan areas. No metropolitan area has anything remotely approaching a free land use market because of local regulations adopted for parochial political, social and fiscal purposes. Most suburban land use markets are dominated by local zoning and other regulations that are aimed at excluding low-income households and that distort what would occur in a truly free market.” (Downs 1999) Empirical Research on Land-use Regulation • • • • • • • • • White 1988 Moss 1977 Pasha 1996 Fischel 1999 Shay and Rossi 1981 McMillen and McDonald 1991 Thorson 1994 Thorson 1997 Peiser 1989 Zoning May Lower Densities and Accelerate Sprawl, but… Local Regulation is “the Free Market” (Political Version) • “Smart growth is inconsistent with the American dream of a big home on a five-acre lot," said David Bliden, executive director of the Maryland Association of Counties, which opposed [former Maryland Governor] Glendening's effort as an unreasonable intrusion into counties' power to regulate building. "The concept of a higher authority, of a Big Brother, is inconsistent with the democratic principles that have to be intertwined with land use management." (Washington Post, August 10, 2004). Tiebout Model and Exclusionary Zoning • “Each community is authorized to enact a ‘zoning’ ordinance which states, ‘No household may reside in this community unless it consumes at least some minimum amount of housing.” (Hamilton 1975) • Otherwise, risk a game of “musical suburbs, with the poor following the rich in a neverending quest for a tax base.” The Costs of Exclusion and How to Assume them Away • “Restrictions due to employment opportunities are not considered. It may be assumed that all persons are living on dividend income.” (Tiebout 1956) Constructing the Myth of the Market Scientific Evaluation of Smart Growth Proven benefits Choice expansion Market interventions Removal of obstacles Market uninterested or incapable of providing Municipal regulation constrains market Framework #1 Framework #2 Assume proof of benefit of smart growth is ambiguous In Framework #1 In Framework #2 Refrain from intervention into markets Remove regulatory obstacles regardless Conclusions • Market failure vs. government failure • Travel-behavior science and the “neutral default” • Choice-based rationale Metropolitan Accessibility and Transportation Sustainability: Comparative Indicators for Policy Reform Funding: EPA-STAR, 2007-2010 Graham Environmental Sustainability Institute, 2007-2009 Mobility Transportation Capacity Expansion LandUse Planning Travel Demand Management Accessibility ENDS MEANS Mobility Proximity Connectivity Job Accessibility by Car, Boston and Atlanta 1995 Accessibility Score (millions) 1800 1600 1400 1200 1000 Atlanta Boston 800 600 400 200 0 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Population Percentile Hamilton’s Three-Way Classification of Municipalities Westminster, Colorado Can Increased Property Rights Lead to Increased Production of Multifamily Housing? (From Mitchell 2004) Pennsylvania, New Units 1970-1990 Pennsylvania 1970 1.2% 3.2% 21.9% 25.6% 47.2% 58.6% 18.3% 24.1% New Jersey, New Units 1970-1990 New Jersey 1970 Single Family Townhouse Apartment Mobile Home 2.1% 1.1% 22.8% 26.7% 53.0% 15.9% 60.2% 18.3% The Fiction of “Unzoned” Houston • Subdivision regulations, transportation standards, parking requirements still in place • Deed restrictions are municipally enforced An R-1 Zone is (nearly) Forever • State of Massachusetts, 19701999 – Existing single-family areas changing to other uses: between 0.003% and 0.3% of 1970 singlefamily acreage How a Libertarian Could View Land-Use Policy Reform • In fact, the market’s delivery of private goods is not related at all to the scientific validity of people’s preferences. Markets can and do supply organic lettuce regardless of whether it really is “better” for your health. The market’s ability to deliver Miller Lite is not at all contingent on the resolution of the “Great-Taste, Less-Filling” debate. European consumers do not want genetically modified food regardless of scientists’ arguments that consumer concerns about such food are without merit. And people pay good money for light trucks because they feel “safer” in the vehicles even though scientific evidence challenges that sentiment. (Peter Van Doren, Cato Institute, 2003) By contrast… • “The New Urbanist fall-back position that ‘...people should be given a choice’ is not plausible; there is no acknowledgement of the fact that markets regularly generate the more feasible choices while discarding the infeasible ones, based on opportunity costs compared to consumers’ willingness to pay.” (Gordon and Richardson 2001) Even though… • “An interesting question, especially with regard to infill projects, is whether these alternatives are acceptable to the community at large, as opposed to the prospective purchasers. There are many examples of broader community objections to high-density projects, usually on traffic-generation grounds.” (Gordon and Richardson 2001) Proactive roles for planning • Foster high quality of life at a range of densities through: – – – – – Design Connectivity Proximity/agglomeration Open space Persuasion Local Regulation is “the Free Market” (Academic Version) A“household’s ability to select a place of residence from among a host of fully autonomous jurisdictions offering different amounts of public spending” is tantamount to “freedom of choice in the public sector.” (Brueckner 2000)