Sprawl, Y’All (Or a Case for Why Sprawl Creates Bigger Government)

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credit: mikesoron

This article originally appeared in a back page editorial of Folio Weekly. Citation: Michael E. Lewyn. “Sprawl, Y’All” Folio Weekly Sep. 2008: 63-63

Sprawl means bigger government, because once a suburb starts to grow, developers will come swooping down, pleading for that suburb to tax and spend to “accommodate” new development …. Sprawl means today’s suburbs become tomorrow’s slums, as the middle class moves farther out.

In my experience, the sort of people who worry most about Jacksonville’s suburban sprawl tend to be environmentalists. Environmentalists tend to believe that the growth of automobile-dependent suburbs means:

  • more pollution and global warming, because residents of those suburbs tend to drive more miles, thus increasing emissions of various toxins;
  • more water pollution, as oil leaks from cars onto into new parking lots and roads, and is then driven by rainwater into the St. Johns;
  • more flooding, because wetlands get paved over to create new subdivisions, thus reducing the ground’s capacity to hold rainwater; and
  • more danger to endangered species, as wildlife habitat is turned into subdivisions and strip malls.

These concerns tend not to have much traction in Northeast Florida. One reason for this fact may be that most people in Duval and surrounding counties are political conservatives, who tend to distrust environmentalist groups for a wide variety of reasons. Environmentalists tend to favor increased government regulation of business in order to reduce pollution; conservatives tend to favor reduced regulation. And as a result of their pro-regulatory bias, environmentalists tend to favor liberal political candidates.

Nevertheless, conservatives and environmentalists should make common cause to limit suburban sprawl. Here’s why: economic conservatives believe in consumer choice and lower taxes. Yet sprawl actually reduces consumer choice, and may ultimately lead to higher taxes.

Expanded consumer choice should mean that people can choose where they live and how they travel. But in metro Jacksonville (to an even greater extent than in most American cities), many people need a car to get to work and otherwise enjoy the region’s advantages. Thus, sprawl means less consumer choice, insofar as it forces people to own and use cars.

Indeed, the automobile dependence of Northeast Florida is similar to a tax. Taxes are expenditures compelled by government, and buying a car is effectively compulsory for many Floridians. If you drive 10,000 miles a year and have a car which gets 30 miles per gallon, you spend over $1000 per year on gasoline alone- and if you own a less fuel-efficient car and drive more, you pay even more. And that doesn’t even count the cost of the car itself, the cost of insurance, or the cost of repairs. Thus, compulsory car ownership creates a yearly tax of thousands of dollars for most Jacksonville residents.

Admittedly, the government won’t send you to jail for failure to buy a car. Nevertheless, car costs are like a tax in this respect: government at all levels has contributed to automobile dependence through pork-barrel spending and overregulation.

Over the years, our state and local governments have repeatedly built new roads and widened old ones, turning country lanes into interstates and eight-lane arterials. These highways make it easier for people to have speedy commutes from once-distant suburbs, thus shifting development and jobs to those suburbs. In addition to creating suburbs through highway spending, government policy has made those suburbs automobile-dependent through zoning and street design regulations. Local zoning codes typically require commercial buildings to be set back behind 25 feet or more of parking, thus forcing pedestrians to walk through a sea of parking to reach apartments and stores- not a policy that makes walking or biking convenient. And to get to those parking lots, pedestrians often have to cross six- and eight-lane streets- not exactly an environment conducive to walking.

credit: Chika
credit: Chika

In sum, government highway, zoning and street design policy has both shifted development to suburbs and made those suburbs automobile-dependent. Thus, our region’s dependence on automobiles was created by government regulation as surely as if it had been imposed through taxation.

But sprawl means tax increases in a more direct way. To the extent highwaydriven development has occurred outside Duval County, sprawl redistributes development and thus wealth from Duval to its suburbs in Clay and St. Johns Counties. In 1983, Duval County’s per capita income was 92% of St. Johns County’s per capita income. By contrast, in 2005, Duval’s per capita income was only 78% of the St. Johns per capita income. As cities like Jacksonville lose their middle-class residents and retain the poor, they become poorer – which means they have a weaker tax base, which means that they have to hike taxes in order to keep existing levels of public services.

And as a city’s tax base declines, its electorate changes. For example, Philadelphia had Republican mayors for the first half of the 20th century. As the first wave of middle-class flight to suburbia hit Philadelphia, its Republican vote declined: in 1960, Richard Nixon got only 31% of the city’s vote. And as the city continued to decline, the GOP vote in Philadelphia nosedived still further, to George W. Bush’s 19% in 2004. A city that, like Philadelphia, is dominated by poor people and Democrats is a lot less likely to elect a tax-cutter as mayor, and a lot more likely to elect a tax-and-spend politician—causing still more taxation. So if sprawl continues unabated, Jacksonville will start to lose middle-class population to a much greater degree, causing its politics to shift sharply to the Left.

In fact, it might even be the case that sprawl means higher taxes in the suburbs it supposedly benefits, by causing suburbs to need more roads and schools for all their new residents. To quote the web page of the National Association of Home Builders, hardly an anti-sprawl group: “Appropriate bodies of government should adopt capital improvement plans…designed to fund necessary infrastructure required to support new development.” English translation: Sprawl means bigger government, because once a suburb starts to grow, developers will come swooping down, pleading for that suburb to tax and spend to “accommodate” new development.

So much for economic conservatism. What about cultural conservatism? Should cultural conservatives devote even a millisecond to worrying about sprawl? Yes, at least if cultural conservatism means concern for neighborhood stability. Sprawl means today’s suburbs become tomorrow’s slums, as the middle class moves farther out. For example, Jacksonville’s University Boulevard was probably a typical suburb in the 1950s, but parts of that street are now beginning to look decidedly slumlike. Thus, sprawl is a revolution that devours its own children: it creates inner-ring suburbs, only to destroy them a few decades later by creating outer suburbs to skim off their better-off residents.

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credit: penmachine

Sprawl also affects another conservative value, one shared by economic and social conservatives: the preference for work over crime and welfare dependency. Thanks to suburban sprawl, many low- skill jobs are located in areas that are inaccessible by public buses, or nearly so. To find a job and get off welfare, a welfare recipient may need a car, which of course she probably cannot afford. So suburban sprawl means that welfare recipients are often better off on welfare or engaged in illicit activity than trying to get a job for wages that are partially canceled out by car-related expenses.

You may ask at this point: so sprawl is bad, and sprawl is caused by government. But is there anything conservatives can do about sprawl that doesn’t involve more regulation of property rights? Are there free-market solutions to sprawl?

This issue is extensive enough to justify an article or two in itself (and in fact I’ve written a long scholarly piece on the issue. But just to summarize briefly: what government has done, it can stop doing. Just as government has created sprawl through highway-building and anti-pedestrian zoning, it can stop creating sprawl by limiting road spending to maintenance of existing roads, and it can change zoning laws by allowing the creation of walkable streets bordering more walkable shopping districts. Sprawl is stoppable- but it may take a coalition including conservatives to stop it.

Earthday fun Saturday at Native Sun

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Earthday at Native Sun

If you went to Earthday at the Landing last Saturday you were probably kicking yourself in the head like I was, trying to wade through all the people. NOT a stroller friendly event. You might have also been snickering at the ironic-ness of people consuming armloads of promotional materials from companies like CSX and JEA that will probably end up in our landfills this week.

If you are looking for a lower-key Earthday event, try Native Sun in Mandarin this weekend (Map) where all of your plates, plasticware, cups and napkins will be biodegrable, recycled and/or made from non-GMO corn!

  • Delicious Organic Cookout
  • Free Ice Cream from Ben & Jerry’s
  • Tips on How to Go Green
  • Kids Activities
  • Live Music

The first 500 customers will receive a FREE reusable grocery bag as part of Native Sun’s new Treecycle Initiative! This is just one of the MANY green programs we will be launching that day to help introduce our new community outreach program — GreenApples!

The Cookout Menu
Fresh Salad from our Organic Salad Bar
Organic Veggie Platter with Dips
7 Layer Mexican Dip with Chips
Mini Bean Burrito Roll Ups
Mediterranean Pasta Salad
Native Sun’s Coleslaw
Tex-Mex Bean Salad
Fresh Fruit Salad
Baked Beans
Turkey Burgers
Veggie Burgers
Condiments
Assorted Drinks

Go Green Education!
Meet representatives from St. Johns Riverkeeper, The Green Team and Florida Lawn & Neighborhoods to learn how you can go green at home! Learn about Native Sun’s new GreenApples program, Treecycle Initiative and all the green changes you will find around the store!

Kids Activities
Nature Arts & Crafts
Plant Your Own Organic Seed Station
Coloring Books with Beeswax Crayons
Native American Storytelling at 12 p.m., 1p.m. and 2 p.m.
Fun & Games from the St. Johns Riverkeeper
Meet the Treeatures from Greenscape of Jacksonville

Conclusion: How Government Regulation Forces Americans Into Their Cars

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credit: Gianni D.

This is part five of the series “How Government Regulation Forces Americans Into Their Cars”, where I publish a recent paper by a local professor Michael Lewyn. Read the other parts: part one | part two | part three | part four | part five.

Does Regulation Matter?

It could be argued that Jacksonville’s regulations have little effect on the city’s urban form because those regulations might just mimic what the market would do without government interference. [FN60] To be sure, there is no way to know exactly what a city’s land-use pattern would be with less intrusive regulations. However, developers throughout the United States believe that government regulation frustrates compact, pedestrian-oriented development. [FN61]

In 2001, the Urban Land Institute (“ULI”) (a developers’ trade association) [FN62] conducted a survey asking developers about the impact of zoning upon “‘alternatives to conventional, low-density, automobile-oriented, suburban development.”‘ [FN63] 85.4% of developers surveyed agreed that the supply of such development was inadequate to meet market demand, [FN64] and 78.2% of developers identified government regulation as a significant barrier to such development. [FN65] So, if Jacksonville resembles the rest of the United States, its regulations are an obstacle to more pedestrian-friendly development.

Moreover, Jacksonville’s most walkable neighborhoods have experienced significant price appreciation–evidence that there may be substantial unmet demand for such environments. In San Marco and Riverside, two older, relatively walkable areas, [FN66] property values increased by 50% and 68%, respectively, between *852 1992 and 2001 [FN67]–an appreciation rate higher than the 37% region-wide appreciation rate during that period. [FN68]

CONCLUSION

Attempts to reform urban sprawl are often met with charges that critics of the status quo seek “to force people out of their cars.” [FN69] But in Jacksonville, the government arguably forces people into their cars through heavy-handed zoning, parking, and street design regulation: not just through traditional zoning regulations directly limiting land use and density, but also by enacting parking and street design regulations that force pedestrians to go out of their way to cross the street, by making those streets too wide to be easily crossed, and by mandating the creation of moats of parking between those streets and the ultimate destination of a pedestrian or bicyclist.

Footnotes

[FN60]. Cf. ROBERT BRUEGMANN, SPRAWL: A COMPACT HISTORY 105 (2005) (suggesting that this is generally the case in United States).

[FN61]. See JONATHAN LEVINE, ZONED OUT: REGULATION, MARKETS, AND CHOICES IN TRANSPORTATION AND METROPOLITAN LAND-USE 128-29 (2006).

[FN62]. Id. at 125 (describing ULI as “the premiere national organization of land developers”).

[FN63]. Id. at 126.

[FN64]. Id. at 128.

Streets for Cars, Not for People

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credit: moriza

This is part five of the series “How Government Regulation Forces Americans Into Their Cars”, where I publish a recent paper by a local professor Michael Lewyn. Read the other parts: part one | part two | part three | part four.

In addition to regulating parking and zoning, Jacksonville has a separate set of regulations governing street design. [FN42] Jacksonville’s street regulations consistently mandate wide streets and long blocks. The costs of these choices will be addressed below.

Fat Streets

Jacksonville mandates that the largest major streets be at least 150 feet wide, [FN43] which means that such streets may have as many as 140 feet of pavement [FN44] and ten lanes. [FN45] A second category of streets, “minor arterials,” must be 120 feet wide, and even “collector” streets, designed to interconnect residential and commercial areas, must be 70 to 80 feet wide. [FN46]

Even by the standards of the United States, such streets are unusually wide: the typical American “principal arterial” street in an urban area has only 39 feet of pavement, and the typical American collector street in a rural area has only 24 feet of pavement. [FN47]

Jacksonville’s wide streets discourage walking (and to a lesser extent, biking) in a variety of ways.

First, a wide street lengthens pedestrian commutes because “a wide[] roadway takes longer to cross” than a narrower street. [FN48]

Second, wide streets may also be more dangerous for pedestrians because a longer commute “increase[es] the [amount of] time [a] pedestrian is exposed to traffic.” [FN49]

Third, wide streets may also endanger pedestrians and bicyclists by encouraging motorists to drive faster. [FN50] Fast traffic may increase the number of accidents because a motorist driving 30 miles per hour has a field of vision spanning about 150 degrees, while a motorist driving 60 miles per hour has a 50-degree field of vision. [FN51]

Fast traffic also increases the severity of accidents: the probability of a pedestrian being killed by an automobile is only 3.5% where the automobile is traveling 15 miles per hour, increases to 37% if the automobile is traveling 31 miles per hour, and increases to 83% if the automobile is traveling 44 miles per hour. [FN52]

Finally, wide streets require government to take more land from landowners than narrow streets, thus reducing population density by taking land that landowners could use to build housing. [FN53] As noted above, low-density areas tend to have low levels of walking and transit use because the fewer the number of housing units that can be placed near a bus stop or other destination, the smaller the number of people who can comfortably walk to that destination. [FN54]

Long Blocks

Jacksonville limits the number of streets intersecting major streets, allowing only four intersections per mile (or one every 1320 feet) [FN55] on “major arterials” and eight per mile (or one every 660 feet) on “minor arterials.” [FN56] Thus, the amount of pavement between one intersection and another must be at least 660 feet long, even on “minor” arterials.

If a city has only a few intersections per mile, pedestrians have very few opportunities to cross streets and thus must spend more time trying to reach destinations between two intersections. [FN57]

By contrast, short blocks (such as the 200-foot blocks common in Portland, Oregon) [FN58] make it easier for pedestrians to cross streets [FN59] and thus to reach destinations without going out of their way to do so. Thus, pedestrians benefit from short blocks and suffer from long blocks.

Footnotes

[FN42]. Or more accurately, Jacksonville has two sets of regulations. Privately-built subdivisions are regulated primarily through section 654 of the Code, and municipal traffic engineering is governed by the city’s Comprehensive Plan. See CITY OF JACKSONVILLE, PLANNING & DEVELOPMENT DEP’T, 2010 COMPREHENSIVE PLAN: TRANSPORTATION ELEMENT (2005) [hereinafter COMPREHENSIVE PLAN], available at here (follow “Transportation Element” hyperlink). The subdivision regulations incorporate the Comprehensive Plan. See JACKSONVILLE, FLA., ORDINANCE CODE § 654.103(b) (1990), available at http:// www.municode.com/resources/gateway.asp?pid=12174&sid=9.

[FN43]. JACKSONVILLE, FLA., ORDINANCE CODE § 654.113; COMPREHENSIVE PLAN, supra note 42, § 3.2.2. This classification is for “major arterials”–the most heavily trafficked streets other than limited-access highways. See JACKSONVILLE, FLA., ORDINANCE CODE §§ 654.106(II)(6) (defining “major arterial”); 654.113 (establishing that only streets wider than major arterials are limited-access highways).

[FN44]. Sidewalks on Jacksonville’s nonresidential streets are typically five feet wide. JACKSONVILLE, FLA., ORDINANCE CODE § 654.133(d). So if a 150- foot street has sidewalks on both sides of the street, the pavement can be no more than 140 feet. In addition, a street may have a few feet of landscaping between the sidewalks and the street, or between the sidewalk and the right-of-way line. Cf. Michael Southworth & Eran Ben-Joseph, Street Standards and the Shaping of Suburbia, 61 J. AM. PLAN. ASS’N. 65, 74-76 (1995), available at 1995 WLNR 3951363 (noting that in the 1930s, the Federal Housing Administration (“FHA”) recommended that streets have twenty-four feet of pavement, four feet of sidewalks, and eight feet of land reserved for plants and utilities; FHA standards adopted by many municipalities).

[FN45]. The city’s Comprehensive Plan provides that traffic lanes will be 16 feet wide on outside lanes and 12 feet wide for other lanes. COMPREHENSIVE PLAN, supra note 42, § 3.1.3. Thus, a ten-lane street might take up 128 feet of pavement (32 feet for the two outside lanes and 96 feet for eight twelve-foot interior lanes), allowing 22 feet of right-of-way for sidewalks and landscaping.

[FN46]. JACKSONVILLE, FLA., ORDINANCE CODE § 654.113; COMPREHENSIVE PLAN, supra note 42, § 3.2.2 (streets must be 70 feet wide if they contain curbs and gutters and otherwise 80 feet wide). See also JACKSONVILLE, FLA., ORDINANCE CODE § 654.106(II)(1) (defining “collector” streets).

[FN47]. TODD LITMAN, VICTORIA TRANSP. POLICY INST., TRANSPORTATION LAND VALUATION: EVALUATING POLICIES AND PRACTICES THAT AFFECT THE AMOUNT OF LAND DEVOTED TO TRANSPORTATION FACILITIES 4 (2005), available at http:// www.vtpi.org/land.pdf.

[FN48]. Donavan v. Jones, 26,883, p. 15 (La. App. 2 Cir. 6/21/95); 658 So. 2d 755, 765 (stating in its description of expert testimony “a wider roadway takes longer to cross”).

[FN49]. Id.

[FN50]. See Stephen H. Burrington, Restoring the Rule of Law and Respect for Communities in Transportation, 5 N.Y.U. ENVTL. L.J. 691, 701 (1996) (stating that the government widens roads because of “solicitude toward fast traffic”).

[FN51]. Id. at 704 n.50.

[FN52]. Id. at 704.

[FN53]. See Michele Derus, Zoning Can Curb Lower-Cost Housing, THE MILWAUKEE J. SENTINEL, Sept. 21, 1997, available at http://calbears.findarticles.com/p/articles/mi_qn4196/is_19970921/ai_n10359570 (“Each [ten] feet of required street width reduces [housing] supply by [three] to [four] percentage points.”).

[FN54]. See supra notes 20-22 and accompanying text.

[FN55]. There are 5280 feet in a mile. Robinson v. Arrugueta, 415 F.3d 1252, 1254 n.2 (11th Cir. 2005). So a street with four intersections per mile has one intersection every 1320 feet (5280 divided by four).

[FN56]. JACKSONVILLE, FLA., ORDINANCE CODE § 654.115 (1990), available at
http://www.municode.com/resources/gateway.asp?pid=12174&sid=9; COMPREHENSIVE PLAN, supra note 42, § 2.3.1.

[FN57]. Jeff Gray, Police Blaming Accident Victims, Pedestrian Says, GLOBE & MAIL (Canada), Mar. 15, 2004, at A8, available at 2004 WNLR 18380258 (stating that in suburban Toronto there is “trouble for pedestrians” because of large streets that “barely allow pedestrians enough time to cross and the long blocks that provide so few safe opportunities to do so.” (emphasis added)).

[FN58]. See Robert Campbell, Lively City Neighborhoods Require New Blocks on the Block, BOSTON GLOBE, Jan. 13, 1991, at A4, available at 1991 WNLR 1732980. See also EWING, supra note 31, at 4 (300-foot blocks desirable for walkability); TRANSPORTATION AND GROWTH MANAGEMENT PROGRAM, MAIN STREET HANDBOOK: WHEN A
HIGHWAY RUNS THRU IT 35 (1999), available at http://www.lcd.state.or.us/LCD/TGM/docs/mainstreet.pdf (200 to 400 feet ideal).

[FN59]. See Gray, supra note 57 (stating that long blocks reduce opportunities to cross streets).

Parking and Street Design: Why You May Have to Drive Everywhere

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credit: Today is a good day
credit: Today is a good day

This is part four of the series “How Government Regulation Forces Americans Into Their Cars”, where I publish a recent paper by a local professor Michael Lewyn. Read the other parts: part one | part two | part three.

Of course, not all Jacksonville residents live in low-density, single-use zones. The city does have medium- and high-density residential zones [FN25] and allows some housing in some of its commercial zones. [FN26] But even apartment dwellers and other residents of higher-density zones are affected by the city’s parking and street design regulations–regulations that tend to make life uncomfortable for nondrivers.

Parking: Drowning in the Sea of Asphalt

Jacksonville’s Code requires landlords to provide 1.5 parking spaces per unit for studio apartments with under 500 square feet of living space, 1.75 parking spaces per unit for larger studio and one bedroom apartments, and at least two spaces for larger units. [FN27] Commercial landowners must also set aside large amounts of land for parking: most professional offices must create two off-street parking spaces for every 500 feet of office space, [FN28] and most other businesses must create one off-street parking space for every 300 feet of floor space. [FN29]

As a result of such regulations, landowners typically surround offices, shops, and apartments with parking lots thus creating a “strip mall” effect. [FN30] Government-mandated strip malls deter walking and encourage driving in several ways. First, the parking-dominated “dead areas” created by minimum parking requirements discourage walking by creating landscapes that are visually unappealing for pedestrians.

An Environmental Protection Agency report states that where buildings are set back behind yards of parking rather than being flush with the sidewalk,” [FN31] a pedestrian “has less to look at [and] feels more isolated.” [FN32] By contrast, “small setbacks and shop-front windows provide more interesting scenery for pedestrians and create a feeling of connection between the buildings and the public spaces bordering them.” [FN33]

Second, parking lots in front of buildings lengthen the commutes of pedestrians and bicyclists by increasing the distance between streets and destinations such as offices and shops. Where parking is in front of a shop, pedestrians and bicyclists cannot approach the shop without going through an uninviting (if not downright dangerous) parking lot, dodging cars on their way. [FN34]

Third, minimum parking requirements spread sprawl by reducing density, because land devoted to parking cannot be used for housing or businesses. For example, if a city’s parking code requires landlords to set aside half of their land for parking, the city is effectively reducing population density by 50%. In fact, Jacksonville’s Code sometimes requires even greater reductions in density.

Here is how: typically, a parking space takes up about 370 square feet. [FN35] So Jacksonville’s requirement that the owner of a 500-square-foot efficiency must provide 647 feet of parking for that unit (1.75 parking spaces times 370 square feet), [FN36] means that an owner, who could put 2.25 500-foot units on 1147 square feet, must, instead, build one unit and one parking space–a density reduction of 54%. [FN37] And as noted above, [FN38] low density reduces the number of people who can walk to bus stops, jobs, or shops; for example, an apartment complex with five or ten units per acre will support less bus service than one with twenty units per acre.

Finally, minimum parking requirements generate automobile dependence by subsidizing driving. While roads are at least partially paid for by user fees, [FN39] parking is nearly always “free” to its users. [FN40] But such “free” parking is in fact paid for by landowners, who build parking lots and pass the costs of those parking lots to society as a whole in the form of higher rents, and by the landowners’ business tenants, who then pass those higher rents on to society as a whole in the form of higher prices for goods and services. Thus, minimum parking requirements are essentially a type of tax that redistributes money from society as a whole to drivers. [FN41]

In sum, minimum parking requirements make even mixed-use neighborhoods more automobile-oriented by reducing density, by subsidizing driving, and by forcing pedestrians and bicyclists to waste time commuting through seas of parking in order to reach apartments, shops, and jobs.

Footnotes

[FN25]. JACKSONVILLE, FLA., ORDINANCE CODE §§ 656.306 to 656.307 (1990), available at http://www.municode.com/resources/gateway.asp?pid=12174&sid=9. In both districts, some nonresidential uses are allowed. See id.

[FN26]. Id. §§ 656.311 (establishing regulations for mixed-use “Residential-Professional-Institutional” zone); 656.315 (allowing mixed use in “Central Business District” zone).

[FN27]. Id. § 656.604(a)(2).

[FN28]. Id. § 656.604(e)(3).

[FN29]. Id. § 656.604(f)(1). In addition, the Jacksonville Code has numerous, more specific requirements for various types of businesses. Id. § 656.604(a)-(f). The rules discussed above are the “default requirements” that generally govern Jacksonville landowners.

[FN30]. Julie Mason, Urban Reviewal: Proposed Building Laws Seek an Appealing Look, HOUSTON CHRONICLE, Aug. 18, 1997, at 1A, available at 1997 WLNR 6626553 (using term). In theory, parking lots could be set behind buildings rather than in front of them. However, this rarely occurs for two reasons. First, Jacksonville also requires many buildings to be set back from the street, thus, giving landowners an incentive to use the land between streets and buildings for parking rather than wasting it on uses not mandated by the city. See, e.g., JACKSONVILLE, FLA., ORDINANCE CODE §§ 656.312(A)(II)(f)(1)(i) (explaining that buildings in “Neighborhood Commercial” district must be set back from street by twenty feet); 656.311(A)(ii)(f) (similar rule governs mixed-use district). Second, merchants may prefer to place parking in front of stores because customers find it more convenient to park there. Cf. Dana Knight, Open-Air Shopping: Lifestyle Centers, with Array of Upscale Stores, Are Bringing Hot New Trend in Retail to Indy’s Metro Area, INDIANAPOLIS STAR, July 6, 2003, at D2, available at 2003 WLNR 10918199 (“[Shopping] center is [more] convenient [when] customer[] [can] park practically in front of any store he or she wants to go in.”).

[FN31]. REID EWING, PEDESTRIAN- AND TRANSIT-FRIENDLY DESIGN: A PRIMER FOR SMART GROWTH 10, available at http://www.epa.gov/dced/pdf/ptfd_primer.pdf (last visited Apr. 14, 2007).

[FN32]. Id.

[FN33]. Douglas G. French, Cities Without Soul: Standards for Architectural Controls with Growth Management Objectives, 71 U. DET. MERCY L. REV. 267, 280 (1994). For an example of shops flush with the sidewalk, see Michael Lewyn, Where I’ve Lived (and Visited), Avondale Shopping Center (Feb. 26, 2006), http://atlantaphotos.fotopic.net/p32879673.html. For a typical example of a Jacksonville strip mall, see Michael Lewyn, Where I’ve Lived (and Visited), Mandarin Strip Mall (Feb. 26, 2006), http://atlantaphotos.fotopic.net/p32439827.html.

[FN34]. Cf. Freilich, supra note 22, at 557 (stating that “large expanses of asphalt devoted to parking often discourages pedestrian mobility” and makes public transit inconvenient by impeding walking to and from transit stations).

[FN35]. See Richard W. Willson, Suburban Parking Requirements: A Tacit Policy for Automobile Use and Sprawl, 61 J. AM. PLAN. ASS’N 29, 37 (1995), available at 1995 WLNR 3952340.

[FN36]. See supra note 27 and accompanying text (stating that the city requires 1.75 parking spaces per unit for efficiency and one bedroom apartments with 500 or more square feet).

[FN37]. Jacksonville’s Parking Code also reduces job density; for example, a landlord who must provide two parking spaces for every 500 square feet of office space has to set aside 740 square feet for parking (370 square feet for each parking space). See supra notes 28 and 35 and accompanying text. Thus, a landowner with 1240 square feet can only use 500 square feet for offices–a 59% density reduction.

[FN38]. See supra notes 20-22 and accompanying text.

[FN39]. See Salvatore Massa, Surface Freight Transportation: Accounting for Subsidies in a “Free Market,” 4 N.Y.U. J. LEGIS. & PUB. POL’Y 285, 318-19 (2001) (illustrating that over half of state and federal highway spending is paid for by user fees).

[FN40]. See Willson, supra note 35, at 30 (stating that 99% of work-related automobile trips involve free parking).

[FN41]. See generally Donald C. Shoup, An Opportunity to Reduce Minimum Parking Requirements, 61 J. AM. PLAN. ASS’N. 14, 15 (1995), available at 1995 WLNR 3950745 (stating that the cost of parking space construction per driver is higher than the typical commuter’s gasoline expenditures; thus, subsidy from free parking is more generous for drivers than provision of free gasoline).

How Density Regulation Makes Jacksonville Sprawl

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credit: Ryan Ludwig
credit: Ryan Ludwig

This is part three of the series “How Government Regulation Forces Americans Into Their Cars”, where I publish a recent paper by a local professor Michael Lewyn. Read the other parts: part one | part two.

If you live in a residential zone but live within a block or two of a commercial street, you can walk to stores–and where residential areas are compact, quite a few people will have this opportunity. But Jacksonville’s Zoning Code rigorously limits residential density. As noted above, nine of Jacksonville’s seventeen residential zones are “rural” or “low-density” zones. [FN15]

In each of these zones, the city code mandates that houses use a certain amount of land–at least one or two acres in the most “rural” zone, [FN16] 6000 square feet (or slightly under .14 of an acre) [FN17] in the most compact zone, [FN18] and intermediate amounts of land in other low-density zones. [FN19]

Such low densities reduce the opportunities of both pedestrians and transit users. If each residence consumes large amounts of land, fewer residences can be placed within a short walk of shops or offices. Thus, antidensity regulations reduce the number of people who can live within walking distance of shops or jobs. And in low-density areas, very few people will live within walking distance of a bus stop, [FN20] which, in turn, means that very few people can conveniently take the bus to work. [FN21]

By contrast, more compact neighborhoods increase transportation choices because more people in an area means more potential riders within a short walking distance of a bus stop. Some commentators have suggested that a neighborhood must have at least seven or eight dwelling units per acre to support significant public transit service. [FN22] Only 7.25 units per acre may be built in Jacksonville’s most compact low-density zone, [FN23] and even lower densities are mandated in the city’s other low-density zones. [FN24] Thus, Jacksonville’s antidensity regulations mean that very few people can conveniently use the city’s bus system to reach jobs or other destinations.

Footnotes

[FN15]. See supra note 7 and accompanying text.

[FN16]. JACKSONVILLE, FLA., ORDINANCE CODE § 656.304 (requiring a minimum lot size of either one to two acres in “Rural Residential Zone” depending on extent of sewer and water service).

[FN17]. One acre contains 43,560 square feet. Tom Kuhnle, The Federal Income Tax Implications of Water Transfers, 47 STAN. L. REV. 533, 533 n.3 (1995). So a neighborhood with 6000-square-foot houses has 7.25 houses per acre.

[FN18]. JACKSONVILLE, FLA., ORDINANCE CODE § 56.305(II)(d)(2) (stating that in “Low Density Residential” districts, the minimum lot size in the most compact district is 6000 square feet).

[FN19]. Id. (requiring minimum lot sizes of 44,560, 21,780, 4,000, 10,800, 8800, and 7200 square feet in various zoning districts).

[FN20]. Since Jacksonville has no local rail service outside downtown, the author used the term “bus” when referring to public transit. See Innovative Transp. Techs., Jacksonville’s Automated Skyway Express Downtown Peoplemover, http://faculty.washington.edu/~jbs/itrans/jack.htm
(last visited Apr. 14, 2007) (describing Jacksonville’s rail system as a “downtown peoplemover”).

[FN21]. See Patrick Driscoll, San Antonio Transit System to Hold Public Hearings on Proposed Service Changes, SAN ANTONIO EXPRESS-NEWS, Nov. 12, 2002, at 8B, available at 2002 WLNR 9027324 (describing quarter mile as “convenient walk” to bus stop); Kevin Wiatrowski, Advocates Seek Faster Bus Route Expansion: Cross-County Line Slated for 2009, TAMPA TRIBUNE, Oct. 30, 2005, PASCO, at 1, available at 2005 WLNR 18123787 (quoting local transportation researcher’s statement: “Given more than a quarter-mile walk to the bus stop, most people who can will drive.”).

[FN22]. See Robert H. Freilich, The Land-Use Implications of Transit-Oriented Development: Controlling the Demand Side of Transportation Congestion and Urban Sprawl, 30 URB. LAW. 547, 552 n.18 (1998) (“[R]esidential densities of at least 7-15 dwelling units per acre are needed in order to encourage the utilization of public transit.”); Frank McDonald, Dublin’s Future as a High-Rise City Discounted, IRISH TIMES (Ireland), Nov. 5, 2005, at 7, available at 2005 WLNR 17888696 (“[B]uilding at a density of eight houses per acre would only support minimal bus service.”); Bill Stewart, Officials Consider Transit Proposals for Vancouver Area, THEOREGONIAN, Aug. 14, 1991, at B2, available at 1991 WLNR 4215935 (stating that “[b]us and carpooling need about eight homes per acre” for significant ridership, while rail service requires higher densities).

[FN23]. See supra note 17 and accompanying text.

[FN24]. See supra notes 16 and 18-19.

Jacksonville: Zoned for Sprawl

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credit: penmachine
credit: penmachine

This is part two of the series “How Government Regulation Forces Americans Into Their Cars”, where I publish a recent paper by a local professor Michael Lewyn. You can read part one here.

Jacksonville: Zoned for Sprawl

Zoning, narrowly defined, is the regulation of land use and population density. [FN3] Historically, American zoning law has sought to segregate housing from shopping and employment and to reduce population density [FN4]–and Jacksonville is no exception. And as will be shown below, low-density and segregated land use tends to discourage walking and public transit use.

1. Segregation of Land Uses in Jacksonville

Jacksonville’s Code divides the city into over thirty zones, [FN5] including seventeen residential zones and seven commercial zones. [FN6] The city has nine separate “residential low-density” districts (including one district designated as “rural” and eight low-density districts), all of which are devoted primarily to single-family homes. [FN7] In none of these districts are shops or offices listed as a permitted land use. [FN8]

Similarly, the city prohibits housing in some of its commercial zones. For example, the city has created a “Neighborhood Commercial” zone for businesses that “serve the daily needs of contiguous residential neighborhoods.” [FN9] Even though his zone exists primarily to serve people who live nearby, neither houses nor apartments are allowed in the “Neighborhood Commercial” zone. [FN10]

The city also has two “Community/General Commercial” zones, where a wider range of activities may occur [FN11]–but again, housing is not among the permitted activities. [FN12] Finally, the city has a separate zone for office parks–and here too housing is not allowed. [FN13] In sum, many of Jacksonville’s residents live in areas where housing is the only possible land use.

If you live in one of those zones and are not particularly close to a commercial zone, you are not going to be able to walk to a store even for the simplest purchase. [FN14] Thus, Jacksonville’s zoning district regulations make Jacksonville residents more automobile-dependent.

Footnotes

[FN3]. For example, the Standard Zoning Enabling Act, a model state statute that has been almost universally adopted, specifically authorizes municipalities to regulate “the density of population, and the location and use of buildings.” ADVISORY COMM. ON ZONING, U.S. DEP’T OF COMMERCE, A STANDARD STATE ZONING ENABLING ACT: UNDER WHICH MUNICIPALITIES MAY ADOPT ZONING REGULATIONS § 1 (rev. ed. 1926) (footnotes omitted), available at http://www.planning.org/growingsmart/pdf/SZEnablingAct1926.pdf. See also Chad Lamer, Why Government Policies Encourage Urban Sprawl and the Alternatives Offered by New Urbanism, 13 KAN. J.L. & PUB. POL’Y 391, 394 (2004) (explaining that all fifty states adopted the Enabling Act in some form) (citing Eric Damian Kelly, Zoning, in THE PRACTICE OF LOCAL GOVERNMENT PLANNING 251, 252 (Frank S. So & Judith Getzels eds., 2d ed. 1988)).

[FN4]. See Briffault, supra note 1, at 253 (“[H]allmarks of American land use law [include] reducing population density and dispersing residents over wider areas [as well as] the separation of different land uses from each other.”); Jerry Frug, The Geography of Community, 48 STAN. L. REV. 1047, 1091 (1996) (“[V]irtually all [current zoning laws] mandate the separation of different areas by function ….”).

[FN5]. JACKSONVILLE, FLA., ORDINANCE CODE § 656.301 (1990), available at http://www.municode.com/resources/gateway.asp?pid=12174&sid=9.

[FN6]. Id.

[FN7]. JACKSONVILLE, FLA., ORDINANCE CODE § 656.301. See also id. §§ 656.304 (stating that “single-family dwellings and mobile homes will be the predominant land uses” in “Rural Residential” district); 656.305 (stating that “single-family wellings will be the predominant land use” in the city’s “Low Density Residential” districts). In none of these districts are apartments typically allowed. Id. §§ 656.304(A)(I)(a)-(c) (listing permissible uses in “Rural Residential” district and not listing apartments among permitted uses); 656.305(A)(II)(a)-(c) (listing permissible uses in “Low Density Residential” districts and not listing apartments among permitted uses).

[FN8]. Id. §§ 656.304(A)(I)(a)-(c) (listing permissible uses in “Rural Residential” district and not listing offices or retail among permitted uses); 656.305(A)(II)(a)-(c) (listing permissible uses in “Low Density Residential” districts and not listing offices or retail among permitted uses).

[FN9]. Id. § 656.312.

[FN10]. Id. § 656.312(A)(II)(a)-(c) (listing permissible uses and not mentioning single-family or multi-family dwellings among permitted uses).

[FN11]. Id. § 656.313 (stating that these zones should contain “a wide range of retail sales and services” and usually are developed at highway intersections).

[FN12]. Id. § 656.313(A)(III)(a)-(c), (IV)(a)-(c).

[FN13]. Id. § 656.321(A)(I)(a)-(c), (II)(a)-(c) (listing permissible uses in “Business Park” districts).

[FN14]. See, e.g., Terry J. Tondro, Sprawl and Its Enemies: An Introductory Discussion of Two Cities’ Efforts to Control Sprawl: Ninth Gallivan Conference on Real Property Law April 24, 2001, 34 CONN. L. REV. 511, 517 (2001) (finding that in single-use zones, very few people “can simply walk to the local grocer …. Even if you are going to purchase a single item and the store is very close by, it is normally a car trip away”).

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