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zoning(54)
December 24, 2014

Is inclusionary zoning a good or bad thing for cities?

Today is Christmas Eve. It’s the season of giving. So I thought it would be appropriate to talk about affordable housing.

Yesterday, Mitchell Cohen – who is a real estate developer and the president of The Daniels Corporation – wrote an opinion piece in the Toronto Star talking about just that. It was called: A perfect storm for action on affordable housing.

Here’s a snippet that summarizes the things he believes we should be doing:

Municipalities across Ontario also have significant tools at their disposal to make a difference. To date, these tools have not been co-ordinated to achieve maximum bang for the buck. Property taxes can and should be waived not only for affordable rental homes but for affordable ownership homes as well. Additionally, cities can and should waive all development levies and other municipal fees for affordable rental and ownership housing.

Combined, these two measures provide municipalities with powerful leverage to implement inclusionary zoning — the most important tool in the affordable housing tool box. Inclusionary zoning on a city-wide basis creates a level playing field, an opportunity for a constructive partnership between municipalities and private sector developers to create both affordable ownership and rental homes within every new building approved for construction.

For those of you who might be unfamiliar with inclusionary zoning, it’s essentially a zoning requirement to build a certain number of affordable units in any new construction project. It originated – as far as I know – in the US, but has been fairly controversial since the outset.

So today I thought we could have a discussion on the merits of inclusionary zoning. Do you think it’s a good or bad thing for cities? Is it really the most effective way to deliver affordable housing at scale? Leave your thoughts in the comment section below :)

I don’t have a strong view on inclusionary zoning, but I do believe that affordable housing and a mix of incomes is critical to cities and neighborhoods.

I do, however, wonder if it’s one of those things that seems to make a lot of sense, but actually has a bunch of negative externalities associated with it. Maybe the answer is to just prototype the idea and then iterate on it.

What do you think?

July 29, 2014

Who should zone cities?

The Old Urbanist has just published an informative post called “Where Zoning Went Wrong.” In it, he talks about some of the defining characterstics of American city planning and suggests that the delegation of planning authority from states to local municipalities is what has caused many of the challenges that city builders now face.

But before we get into that discussion, let’s outline the characeristics. By way of Edward Bassett’s handbook on zoning (1922), the Old Urbanist outlines 9 characeristics of American planning. They are:

  1. Approval of the exclusion of commercial activity from residential zones

  2. Failure to disapprove of the exclusion of multifamily from residential zones

  3. Extreme deference to localities

  4. Insistence on a “comprehensive” plan

  5. Irreconcilable conflict between planning and zoning

  6. Heavy reliance on legal process as a substitute for sound policymaking

  7. Rejection of aesthetic concerns

  8. Concern with protecting the wealth of well-to-do homeowners

  9. Lack of comparative focus

If you’re a planner or city geek, some of these items will be familiar to you – particularly the first one. Single-use zoning (or Euclidean zoning) is widely criticized as being hugely detrimental to cities, which is why mixed-use is so much in vogue right now. We’ve realized that there are tremendous benefits to creating neighborhoods and precincts where people can live, work, play, and learn. And not just do one of those things.

But one point that somewhat surprised me was number 3: the deference to localities. The Old Urbanist’s argument is that around the world – from Germany to Japan – state and federal governments play a much more active role in city planning as compared to the US. And that the result is a different kind of city. As one example, most other countries don’t have single-family detached-only residential zones. The US does.

Now, you could argue that it’s partially cultural. The US is all about individualism, whereas many other countries around the world have a greater sense of collectivism. But as the Old Urbanist suggests, it could also be because local municipalities are more prone to NIMBYism, which can ultimately lead to downzoning and more restrictive land use policies. Interesting.

It was surprising to me though because I’m a firm believer in strong cities. They drive the economy and I generally believe that they deserve to look after themselves. And so could it really be that they need higher levels of government to keep advocacy groups and community opposition in check?

Immediately I thought of the planning environment here in Toronto and Ontario. The Places to Grow Act, which is largely responsible for the intensification we’re seeing across the region, is provincial legislation. And “the Board” (OMB) that hears appeals arising from the municipal planning level is also provincial. So in other words, provincial decisions trump municipal ones.

Many people believe that the OMB should be abolished. But probably an equal number of people believe that it’s critical to keeping development moving in Ontario. And, given our discussion here, it could be keeping our land use policies in check.

But at the same time, I wonder if there isn’t a way to structure local planning such that it doesn’t succumb to individual interests and instead keeps the greater city building agenda at the forefront. If you have any thoughts on this, I’d love to hear from you in the comment section below.

Image: Old Urbanist

March 23, 2014

Is Chicago's zoning code broken?

This may sound crazy, but I’ve never been to Chicago. It’s on my list, but I just haven’t gotten around to it and I’ve never had a specific reason to go. Hopefully I can make it this summer.

Lately though, I’ve found myself reading more and more about the city. Given that it’s also a Great Lakes city and it’s of comparable size, Chicago is an interesting case study for Toronto. But one thing that seems to keep coming up, is the need for zoning reform.

About a month ago I wrote a post called “The tale of 2 Chicagos”, which was inspired by the blogging of Aaron Renn (The Urbanophile) and Daniel Hertz (City Notes). The discussion was around the prevalence of single-family zoning in most parts of Chicago and how it’s creating a supply constrained market (driving up prices).

But there’s another outcome. Here’s what Daniel Hertz recently argued:

When places in and around downtown become more desirable, developers build more housing, and more people get to live there. But when non-downtown neighborhoods become more desirable, developers can’t build more housing: it’s against the law. So instead, they profit by tearing down old two-flats and building mansions in their place. And as a result, fewer people get to live in those neighborhoods, even as more and more people want to.

Effectively, his argument is that gentrification leads to a loss of housing units. Developers can’t build more housing, so they replace housing. And it all stems from a restrictive zoning code that aims to maintain the character and scale of established neighborhoods. I get that, but you could easily argue that it exacerbates the negatives of gentrification.

It strikes me that Toronto and Chicago are in somewhat similar places in terms of their growth. Without any real natural barriers, both cities had the luxury of being able to develop through horizontal sprawl when they were younger.

But with people now returning to city centers, we’re faced with a series of difficult decisions: How do we balance preservation and growth? How do we balance low-density with high-density? How do we maintain the character of what people love while still creating an inclusive city?

It absolutely can be done, but it’s going to mean embracing a certain amount of change. And that’s not always an easy sell. 

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Brandon Donnelly

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Brandon Donnelly

Daily insights for city builders. Published since 2013 by Toronto-based real estate developer Brandon Donnelly.

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