Land Use Regulation

When white people first arrived in the Americas, they returned to Europe and reported that America was a vast empty slate, ready to feel the improvements brought by the farmer's plow and the lumberjack's axe. A land of limitless opportunity. An Eden.

There were a couple of problems inherent in this thinking. First of all, there were people here. The Europeans were very surprised when the native Americans objected to the loss of their traditional lands and resources. There were problems with how the land was to be distributed, how the land was to be worked, and how cities were to be involved with all of this. People were pretty much free to do as they wanted, provided they didn't interfere with other's enjoying their property (more on this below). This kind of thinking persists. The other problem is that land is a finite resource. There is simply not enough land for everyone to spread out and have enough space to do whatever they want.

These problems persisted until the early part of the 1900's, when a series of legal decisions helped define what could be done to help address some of these problems. Consistently, the courts have found that land regulation is a necessary exercise of the police power of a governing body. Land utilized in certain ways are more likely to be disruptive of incompatible, adjacent uses. This is the whole smokestack in your back yard deal. If you were there first, why should you put up with a steel plant in your neighborhood? You shouldn't. And cities should not allow it.

But wait! This is America. Don't we have the right to do whatever we want? Well, yes, but only to an extent. One of the most important rights that we enjoy as Americans is the "Right to Chill" as my law professor put it. We have a right to quiet use and enjoyment of our property. What does that mean? It means that if I am noisy or noxious or obnoxious, I may be censured by the government for interfering with others in their desire not to be annoyed or poisoned or kept from their economic investment's payoffs. The awareness that people have about the environment and industry's impact on the quality of the environement has heightened the importance of this kind of regulation. Further impact comes from noise and air pollution levels near freeways, manufacturing facilities, and petro-chemical industrial storage (of note here in Mont Belvieu).

This is where a planner comes in. In a carefully planned community, people are able to build houses in areas that they can know are free from intrusions of this sort. Likewise, people in industry can know that they can be noisy when required without having to worry about offending neighbors. And everybody's happy, right?

Well, not really. People have to work in factories or whatever, but not many people want to live in the factory. So they go home. Traditional suburban models puts people driving on congested highways to destinations far removed from their place of employment in search of the bucolic ideal. In the early part of the century it was "40 acres and a mule" - now it's a quarter acre and a three-car garage.

So what's the answer? We'll see. All we know for sure is that what we have now is not working very well in terms of sustainablility.

City Planner - What is a City Planner?

So, it occurs to me that many of you may not know what a City Planner is or does. Here's a little idea about what I do every day:

First, a little history. Cities in various forms, shapes, and sizes have existed since the beginning of the human experience. Ever since people began to gather together in groups to gain mutual benefit, cities have thrived. If you were a cart maker, for example, it might make sense to live next to the person who makes wheels. And so on. There are things that take up a lot of space (like growing food) and things that can be done in a smaller space (like a blacksmith shop). The things that take up less space tend to group themselves together. This also provides for community safety and protection. As time progresses, several regions become more specialized in certain activities, drawing people from far and near to trade for the valuable commodities (salt mines, spices, silk, whatever). People begin to appreciate that the flow of goods from one place to another leads to wealth, and that wealth leads to an easier life. Easy lives allow time for the pursuit of activities not possible in other circumstances, such as arts, education, and religion. In this way, living in a city has led to the development of civilization (which comes from the same Latin root as our modern word city).

The problem lies in property rights. Who can do what on their property is a real challenge. In the western world, certain societal norms have developed regarding this sort of thing that help dictate what is acceptable and what should be avoided in close proximity. Thus, it becomes the planner's job to review land uses for compliance with these norms. This prevents the storage of nuclear waste immediately adjacent to an elementary school, a porn shop next to a church, or a waste-water treatment plant upstream of your favorite swimming hole... These things are at the very micro-scale of what planners do.

On a larger scale, planners concern themselves with the transportation network of a region. Larger metropolitan regions have designated transportation councils, and states and the federal government have their departments of transportation. So why does our road system fail so frequently? Good question. The answer is that the very nature of transportation is a dynamic and a fluid thing. In an example I am familiar with, the sudden explosion in the housing market in a certain area turned a large stretch of farm land and sheep ranch into houses in the course of 10 years. Why couldn't planners have noticed that and done something about it? Well, they did and they are. But these things take time and political will.

No planner works in a vacuum (that would be called a dictatorship) and we are accountable to the elected officials who really govern the City. They control one of the strongest tools in the community - the budget. If there is political will to create or widen a road, it can happen. But city councils can be overly cautious and this can help lead to infrastructure failures. If a city council is progressive enough, and if the planner is doing an good job, then the potential for these kinds of problems can be reduced.

Planners also concern themselves with the way that a community looks. The number of parks and their relationships to each other, trails and other open spaces, and the community design overall are all things that a conscientious planner will look at. Planners review the code (law) of their cities to ensure that the code is appropriate and that it is being followed. Planners also help determine which uses are best placed near each other (day care facilities in residential areas are good;not good in heavy industrial areas).

Much of this probably seems either mundane or easy. At times it can be both. But it is challenging in that there is a lot of technical information that must be reviewed for compliance and accuracy, that the various needs of the several involved parties are considered and clarified, and that the city continues to move along the path desired by the community at large. It's a rewarding and exciting thing to do. Personally, I really love it.

One of the things that I am trying to do is promote citizen participation. This blog is one avenue that I am attempting to reach out to people in the community to solicit input. If you have something to say - please comment. If you would like a face-to-face meeting - even better. Come on by! It is my belief that as we all work together on our community, it will be able to retain its character and stay a great place to live.

Next time - more about property rights...

Learning from Las Vegas

When was the last time you were in Las Vegas?

If you haven't been in the last 10 or 15 years, you are in for a surprise.

When Robert Venturi, the famous architect and writer, wrote about Las Vegas in the late 60's/early 70s, he saw a built environment that was very unique. I think we can all conjure up images of the "Las Vegas Strip" with all its garish lighting, loud and obnoxious signage, and horrible architecture. Mr. Venturi called this the "decorated shed." This kind of building is cheap, quick, and easy to construct, and found itself being contructed all over the country. While cities looked at the types of buildings that were being built in this way, the lack of appropriate architectural guidelines and well-planned zoning regulations, developers found that they were able to build these kinds of builidngs in almost every commercial zone in the country.

But ironically, Las Vegas has learned from Las Vegas.

Let me give a very brief history of Las Vegas. Las Vegas was originally populated by Spanish missionaries who maintained a small outpost here along the old Santa Fe trail to Los Angeles. In the mid-1800s, Mormon pioneers acquired the land and water rights and began farming the area. Las Vegas remained a small farming community until the 1950s, when the introduction of casinos and other elements. The promoters of the casinos were able to draw people from Los Angeles to take the trip up to Las Vegas. The popularity of the place increased with the promulgation of Hollywood movies about the old west, and people came to Las Vegas looking for a sense of the historic old west. The picture on the right is an old map of Las Vegas ca. 1908 (you can click on it for a larger image).

In the 60s, the owners of the casinos changed tactics. They wanted to appeal to a more wealthy crowd, pulling in the high rollers to their high-class casinos done in the tradition of some of the great casinos of the world. They also wanted to emphasize the decadence and wealth of the place, so one started seeing places like Caesar's Palace, the Sands and Sahara, and places like that. It basically turned Las Vegas into a large night club... This image persisted until the mid 1990s.

Las Vegas has learned from its history. Now buildings are going up that have become icons unto themselves. Why waste time on a huge sign (they have them anyway) when you can turn your entire building into an advertisement?

So what? Las Vegas is Las Vegas, right? What does that have to do with our little community out here in southeast Texas?

I would submit that we are under the same pressures that they are under. While we will probably not have anything quite this garish, there are more insidious ways that developers have of making inroads into our community. The strip mall was for years denegrated as the natural outspring of the decorated shed, and now big-box retail establishments are even starting to forgo the decoration and going straight to the shed. None of this is condusive to the creation of a community: it is destructive to the way a community feels, which is essential to retaining the unique little distinctions that make our community what it is.



If that is the case, and these strip malls seem ubiquitous, how do we stop it? We learn from Las Vegas. We demand a character that helps augment our community, rather than diminishes it in the name of profit. We demand quality in construction and design. We form a group of citizens and professionals to review the architecture of each new commercial development for compliance with an overall plan set up to ensure quality and harmony. And we remain constantly vigilant against poor design and shoddy workmanship. In this manner, we can encourage developers to buy in to our community, and not just get the quick profit that seems to be the dirving force of all the developer's decisions.



The truly ironic thing is that spaces that speak to the quality of the community are also those that lease for the higher rents, allowing an even greater profit margin for the developer...

Comparing Mont Belvieu

I am not one to compare anything with anything else. There is usually a winner and a loser, which gives the winner arrogance and the loser a feeling of inferiority. However, in the case of city planning, it is often beneficial to look at other cities and determine which strategies are working and why.

I have been staying with a friend in the Woodlands while my wife is trying to sell our house Utah. There are several things that make the Woodlands an area of distinction. I wanted to highlight a few of those today.

First, the area has been very carefully planned. This is clear in the way that the natural environment blends in with the built. Trees are carefully preserved, while buildings and streets are thoughtfully laid out in a way that emphasizes the feeling of enclosure in the natural surroundings. Meandering streets create vistas that focus on the trees at the end of the streets, rather than on the street itself or on the horizon. The use of landscaped park strips and medians along the roadway serves to slow traffic and also heightens the feeling of natural beauty.

The way that signage is done is also an important aspect of the creation of an overall community character. These monument signs are low to the ground, elegant, and simple. They are not garish, but tastefully done. Signs done in this fashion do not overwhelm the natural surroundings - rather, they serve to highlight the business opportunity that exists within this area. Pole signs, very large billboard type signs, and signs with moving copy or images should be avoided for aesthetic and safety reasons. The kind of sign shown in this image further incorporates landscaping, which is aesthetically pleasing and further serves to highlight the sign and business.

The other thing that I would like to highlight is the existence of several wonderful public parks in the area. The one we went to on Saturday evening involved picnic areas, a large lake, playing fields, pavilions, tot lots, and a small amphitheater. This kind of facility creates such an amenity for the community that it is difficult to estimate its real worth. Parks are expensive to install and to maintain, but help to foster a sense of community and generate pride in the community. This is a fun place to gather, play, and renew ties with family and the community.

There are many communities that are doing wonderful things all over the world. As we strive to help Mont Belvieu remain unique and attractive, it is important to keep in mind things that make other areas successful so that we can learn from them and implement them into our community.

Next up: learning from Las Vegas (no, not Venturi...:-))

Mont Belvieu - a City of character and distinction

As the new City Planner for Mont Belvieu, I want to take a chance periodically to write about some of the things that are going on in the City, my own efforts, and help create a forum for people in the City to learn about what I do and have a chance to talk about it. I have no idea how well this will go, but here goes...

First off, a little about myself. I have recently moved to the area from Utah. I have lived in Utah off and on for most of my life (I spent a few years in Korea and Michigan). The first time I came to Texas was for the job interview. It's interesting - I wasn't really looking for a job. Of course, I was dissatisfied with my current situation (the job was great, but the compensation was lacking). I have seen in the course of my life communities bow to the pressures of development and become diminished - they turn into looking like everywhere else. Much of that speaks to the nature of living in a capitalist society: developers want our money, so they give us what we think we want. But I don't think that it has to be that way. Coming to Mont Belvieu is like a dream come true. Here we have a community unsullied by the developer's greed. Here, we have a chance to do it right, creating a model community.

The City is an interesting juxtaposition of heavy industry and rural agricultural uses. The seeds of becoming just another suburb of Houston are being sown, and creative and innovative steps must be taken in order to prevent this. It seems inevitable that the area will become suburban in nature, but it need not be that way. Why are Sugarland and the Woodlands held up as the local models for what a community should be? Well, there are a lot of reasons for that, not the least of which is the over-arching plan that was implemented in these communities that governs every aspect of the place, from how trees are handled to where the commercial/retail buildings go.

Mont Belvieu has a lot of great things going for it. I am excited to be a part of it all.

In the next few months, this is what I am planning to accomplish:

1. complete a review of the existing ordinances to strengthen the weaker parts, eliminate the dead parts, and initiate a workable system that is easy for everyone to understand and follow. This will include everything from the permitting process (I want to streamline that) to the actual zoning map of the City (we should get the zoning map to look more like the general plan map).

2. begin a review of the comprehensive plan. The current plan was completed several years ago and needs to be updated. There are several aspects that need addressing including libraries, pedestrian walkways, and a real town center.

3. the envirornment. Do we care? This area has long been associated with the petroleum industry, which has the reputation for not being the most environmentally friendly of industries... Is this a necessary evil? What if we made our City so green that it becomes a model for small town green growth? Is environmental awareness only for big cities? Or is there something we can do?

4. transportation. It is only a matter of time before the word gets out about Mont Belvieu. Do we want to burden our roads with big SUV's making many trips on our roads? Or can we implement a system of busses and mass transit hubs that will connect our City with Houston and points beyond? There are many steps that can and should be taken...

5. community involvement. None of us is as smart as all of us. This blog is one of the first steps along these lines, so please comment. Otherwise, how can I know what you all are thinking?

George Bernard Shaw put it this way: Some people look at things as they are and ask why. I dream of things as they never were and wonder why not?