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Lewyn Addresses America
Monday, 21 May 2007
CNU: what I learned

The posts below discuss some of what I learned at the CNU (Congress for New Urbanism, www.cnu.org) conference in Philadelphia.

One interesting panel dealt with the question of how to keep streets skinny and walkable while satisfying fire departments. Dan Burden noted that fire marshals generally prefer 20 feet of space to accommodate fire trucks; he suggested accommodating them through midblock curb extensions; thus, a street can be 20 feet wide for motorists, but fire trucks can find extra space in the middle of the block so they can unload bulky fire equipment. John Anderson was less optimistic, suggesting that New Urbanists may need statewide fire code reforms in order to force public works departments to accept narrower streets.


Posted by lewyn at 10:27 AM EDT
Still more from CNU: downtown expressways

On Saturday morning at CNU, there was a great panel on expressways, focusing on the removal of riverfront expressways that cut off downtowns from rivers.

Ingrid Reed spoke about her experience in Trenton, where she was able to challenge the status quo on two grounds. First, removing the expressway would create jobs, housing and prosperity, by freeing up riverfront land for commercial and residential development. By contrast, today riverfront land is cut off from downtown by the expressway, essentially blighting such land. Second, Trenton suffers from minimal traffic congestion, so the arguments against removing the expressway are weaker than they would be in a bigger, more congested city.

Cary Moon spoke about her experience in Seattle, where the city is trying to decide whether to build a new expressway to substitute for one damaged in a 2001 earthquake. Again, the argument against a new highway is based on downtown development: a riverfront connected with downtown is a prosperous riverfront bustling with parks, people and businesses, a riverfront cut off from downtown is Blight-O-Rama. Moreover, the experience of San Francisco (where earthquake-damaged expressways were removed without drastically harmful results) shows that highway removal need not result in gridlock.

Moon pointed out that the anti-highway case is stronger in Seattle than in other cities, because even if the city plans to build a new expressway, it will have a one-year transition between the end of the old road and the birth of the new: so Seattleites will already have had a year to adjust to a status quo without a riverfront expressway. Moreover, Seattle has another expressway running through its very narrow downtown.

Moon argued that the downtown expressway was not necessary to facilitate freight traffic, because only 4% of the expressway traffic was freight; most of the traffic was just local trips seeing a shortcut through downtown. Moreover, recreating the pre-expressway street grid might actually reduce congestion, because drivers idle in traffic waiting to get on and off congestion instead of being able to use the new streets that would emerge from the ruins of the highway. She also suggested building freight-only lanes for freight traffic and bus rapid transit to soak up commute traffic.

The ultimate result: in a recent referendum, voters voted against two expressway proposals (one above ground and one that is 1/3 underground)- partially because of anti-highway efforts, but partially because supporters of each freeway alternative eviscerated each other's proposals.

Norm Marshall (of smartmobility.com) disucussed the use and misuse of traffic models. Often, state DOTs use misleading interpretations of models to justify more roads. For example, the Washington DOT stated that downtown Seattle traffic would grow from 110,000 vehicles today to 130,000 in 2030. But buried in an appendix to a DOT report are statements suggesting the contrary.

Even when DOT claims about traffic are not completely false, their data projects are flawed in a variety of ways. Their pretensions of precision overlook the possible adjustments that could take place when a freeway is torn down or not built: in addition to changing routes or using public transit, drivers could take trips at different times of day or forego them entirely. Also, freeways (or their absence) create land use changes that increase or decrease vehicle trips- for example, by facilitating downtown development (if a freeway is torn down) or sprawl (if a new freeway is built). Even if a model could accurately forecast such adjustments, transportation models can't possibly forecast broader social changes such as energy prices or social changes such as telecommuting.

Marshall's bottom line: models might be useful to test different scenarios- but any model that pretends to tell you how many cars will be in downtown Seattle in 2030 is just a pile of rubbish.

Jeff Tumlin asserted that freeways export real estate value from cities to suburbs; their absence maximizes cities' property value. He used Vancouver as an example of life without freeways: while downtown vehicle trips increased in every other Canadian city since 1995, such trips decreased in Vancouver- even while total trips (including walking/transit/bike trips) increased by 22%!

Tumlin suggested that within a downtown, freeways may actually reduce capacity, because preexisting downtown streets are destroyed to build the freeway. In short, a freeway downtown is like a pig in a parlor- the right thing in the wrong place.


Posted by lewyn at 10:26 AM EDT
Still more from CNU: cities and suburbs

This afternoon, Andres Duany spoke about the relationship between cities and suburbs. He began by noting that contrary to popular myth, New Urbanists are quite involved in urban development; the only reason people think otherwise is that NU development fits into cities rather than sticking out like the proverbial sore thumb.

But most of his speech addressed how suburbs outcompete cities, and how cities can learn from suburbs. He focused on the following:

1. Amenities. The suburbs' major amenity is spare land: larger back yards, etc. In the mid-20th century, cities tried to compete by echoing the suburbs, with lower density, more parking, more greenspace, etc. This strategy failed miserably- why have a half suburb when you can have the whole thing? Instead, cities should focus on their chief amenity, the public realm. A healthy city has a better public realm, better streets, than suburbs. This is the one area in which suburbs cannot compete with downtowns. Density is necessary for this, but it is NOT sufficient- high density sprawl with no streetlife cannot compete with low density suburbia, which is why so many older suburbs are fading.

How do you get healthy streetlife? Mixed use. Without mixed use you have lunch-only restaurants in downtowns that die after dark.

Bring in activities used every day. Focus on (and subsidize if necessary) activities used regularly, NOT activities used once in a while. Yes to movies and restaurants used every day. No to football stadia used 8 times a year, or festivals that occur once a year.

2. Comfort- Cities must not only be safe, they must feel safe. It is not even enough to be as safe as 1950 Detroit, with less street crime than today but still plenty of beggars, trash, graffiti etc. Cities must feel as safe as suburbs do today. How does this work? Start with a few blocks; create more surveillance, both with cameras and by individual municipal officials. (On the other hand, in marginal neighborhoods where this is least practical, appeal to the risk-oblivious).

3. Schools- If you want families, you have to have schools which appeal to suburbia. If not, forget about families and appeal to singles and empty nesters. (Duany didn't speak about how to fix schools- wisely, given the complexity of the topic).

4. Predictability- Investors like predictability; suburbs provide predictability by ensuring that if you comply with their master plan, you can build instantly. To be fair, large suburban developments do require developers to run a political gauntlet. But smaller developments are permitted virtually instantly, because there is a master plan that allows development as of right. By contrast, in cities even smaller developments require NIMBY-fighting and lawyers. A strong plan is the remedy for this - cities should create comprehensive plans that allow development as of right and thus ensure that developers don't have to worry about rezoning, NIMBYism etc. In other words, given the ubiquity of zoning, planning actually means MORE property rights, not fewer, in an urban environment.

5. Retail- A lot of New Urbanists deplore out of town chains. But out of town chains often have better product selection and more appealing packaging, lighting etc. than "mom and pop" stores. A business district without national chains can't compete with suburbia. (It is not clear whether Duany thinks this is equally true of "Big Box" retail such as Wal-Mart).

6. Private governments- Suburbs have private governments (homeowners' associations, etc.) that are smaller, and thus more responsive, than city governments. If cities can duplicate this they will be more appealing.

The good news: just as traditional urbanism is infecting the suburbs, good government is infecting cities through business improvement districts that function as private governments.


Posted by lewyn at 10:26 AM EDT
Still more from CNU: the NIMBY veto

At a panel of developers, someone pointed out that several cities had neighborhood planning boards, and that they were "institutionalized NIMBYism."* I knew that Washington and Atlanta have neighborhood planning units, but I had always wondered what their function was. Now I know.

This illustrates a broader problem in planning theory: to what extent should neighbors have disproportionate impact in planning policy? The dominant American practice has been that neighbors should have an almost absolute veto. But this practice (institutionalized in the neighborhood planning boards) can and should be attacked from both the environmentalist left and the libertarian right. Libertarians should oppose the NIMBY veto on development because it means more regulation and thus more infringement on property rights. Environmentalists should oppose the NIMBY veto because it typically means less infill and lower density, thus leading to more sprawl development in outer suburbs with fewer neighbors to object.

The difficult question, for me is: what institutional mechanisms can we create that eliminate the NIMBY veto instead of magnifying the voice of NIMBYism?

*NIMBY= Not In My Back Yard


Posted by lewyn at 10:24 AM EDT
Still more from CNU

The CNU panel on comprehensive plans contained two very different perspectives: one on planning for a not-yet-built-out semirural area, and the other on planning for a big city.

Two panelists spoke on the latter, Matt Raimi (who discussed a mature Los Angeles suburb) and Steven Hammond (who discussed Sacramento). Both focused on mapping out existing neighborhood patterns and using visuals to show possible change. They emphasized that in a mature community, comprehensive plans will essentially reflect the status quo (a depressing possibility in many communities!). Raimi noted that his communities didn't react negatively to density as long as the city doesn't increase density in exisitng residential areas. Although Hammond was less blunt, he pointed out that the Sacramento plan will create numerous "neighborhood types" reflecting the status quo.

Given the planning system's bias in favor of the status quo, how can a plan promote more compact growth? Hammond emphasized (1) identifying "new" (that is, undeveloped) land within the city, and (2) allowing mixed use and higher intensity on streets that are already built for commerce and mixed use. (I wonder if such change would be enough to accommodate market demand for new housing, or whether people would still be forced into suburbia by housing shortages...)

More unusual was Marcela Camblor's presentation on planning in a 28-square mile area at the northern fringe in St. Lucie County- kind of the northern fringe of South Florida (since St Lucie is the county just north of suburbanized Palm Beach County). A few years ago, the county was stuck in an impossible situation due to the stupidity of prior generations of planners: the area in question was outside the urban service boundary, and was zoned for agriculture. So surely the comprehensive plan would be similarly phrased, right? WRONG! Instead, the comp plan provided for "business as usual" sprawl with one acre lots- a fact that incensed existing residents, who moved there precisely to get away from suburbia and to find a rural area.

So how could planners accommodate the collective desire for ruralness? Changing the comp plan to conform to existing zoning was out of the question for legal reasons; apparently, the county had already given developers reason to rely on the concept of SOMETHING being built, which means developers could challenge a "no build" comp plan in court. (I think the county's lawyers could have given a fascinating talk on the legal issues involved).

So the planners chose a smart growth plan as a remedy-allow developers to build, but only in "towns" and "villages" (500 acre parcels, with 60-75% of the land used for open space, and no maximum densities in the rest of the parcel). Camblor asserted that under this plan "sprawl is illegal"- no more 1 acre lots, just building within the towns and villages.

But how could such a plan respect developers' property rights? The plan provides for transferable development rights; if you don't own 500 acres of land, you can sell your right to develop smaller parcels to someone else who can aggregate those rights to build a town or village.

One concern: would this really be able to accommodate all market demand for housing? If density was truly unregulated, the plan might work. But the plan also contains height limits, which is kind of a hidden density regulatoin.


Posted by lewyn at 10:24 AM EDT
More from CNU

At CNU, I listened to Witold Rybczynski's keynote speech, which discussed his new book on real estate development (Last Harvest). A few interesting points:

1. He said: "For my generation, housing was architecture and architecture was housing." No wonder mixed use was taboo- if retail isn't "architecture", you're not going to push to put it near the houses!

2. He said that "We use words like 'sprawl' precisely to dehumanize the process." What is more dehumanizing (and less accurate) is sprawl advocates' use of generalities about "the American people" and "the American dream" to describe new sprawl development. How often have you heard the claim: "The people want sprawl! The people want the outer suburbs!" But when sprawl advocates say "The people" they really mean "The people who are now moving to the newest suburbs."

But those "people" are a small segment of the total population; most people are staying put at any given time. For example, when I lived in Buffalo, the newest "hot" outer suburbs, Clarence, Lancaster, and Orchard Park, had less than 10% of the region's population. About 30% still lived in the city of Buffalo, and at least that many lived in the first-ring suburbs adjoining the city (Amherst, Tonawanda, Cheektowaga, Lackawanna, and West Seneca). Are they not "people"? Are only new movers to new suburbs human beings?

And even these "people" don't necessarily want to live in sprawl. They may live in sprawl because they can't afford older suburbs (unlikely in a cheap region like Buffalo, but common in more prosperous regions). Or they may live in sprawl because their older suburb or city neighborhood is decaying (more likely in declining regions like Buffalo, less common in more prosperous regions).

3. He said that both NU and sprawl development are easier in the South than in the Northeast because people are more optimistic about the future, and thus about development. Is it really true that development is easier in the South? Or is development easier in smaller regions with more open land closer in? And is NIMBYism really less common in the South? I'm not sure - interesting avenue for further research, though.

4. He said that buyers in the project he researched (a greenfield NU project) were driven by "community" - that only the most social people were interested in living in this kind of project, and that people who thought they had enough friends were more interested in conventional big-lot suburbia. Is it community that drives people to NU or walkability? I would speculate that Rybczynksi is right in describing greenfield NU with not very much within walking distance, less right in describing more urban development. But that's just an educated guess.


Posted by lewyn at 10:23 AM EDT
CNU conference

I just got back from the Congress for New Urbanism (www.cnu.org) conference in Philadelphia.

At one of the small group sessions, I heard a wonderful phrase describing what's going on in Philadelphia and some other cities: "BosTroit"- like Boston downtown (i.e. walkable, prosperous) and like Detroit in most of the outer neighborhoods between downtown and suburbia (i.e. poor, losing population).

For example, Philadelphia has a very strong downtown (like Boston) but is not quite as prosperous in the rest of the city, except for neighborhoods like Chestnut Hill just a mile or two from the city limits- thus, it is a "BosTroit" city.

By contrast, Buffalo exemplifies another postwar model: a weak downtown, and a city that gradually gets more and more prosperous (at least in one direction) the further from downtown you get.

Jacksonville seems to mix the two: before gentrification, it looked like Buffalo.  But the intown neighborhoods have been improving for a decade or two, and the downtown is beginning to revitalize.  But the 50s suburbs are in deep trouble: not walkable enough to benefit from intown gentrification, not new enough to be appealing to suburbanites.


Posted by lewyn at 10:22 AM EDT
Updated: Monday, 21 May 2007 10:23 AM EDT
Wednesday, 14 March 2007
future posts on smart growth/sprawl issues

I am going to be posting on this blog a bit less in the future; instead I will be putting new smart-growth related posts in the Congess for New Urbanism salons at www.cnu.org


Posted by lewyn at 7:42 PM EDT
Wednesday, 14 February 2007
a cute little piece by Michael Gartner (formerly of NBC News)
My father never drove a car. Well, that's not quite right. I should
>say I never saw him drive a car. He quit driving in 1927, when he
>was 25 years old, and the last car he drove was a 1926 Whippet.
>
>"In those days," he told me, when he was in his 90s, "to drive a car
>you had to do things with your hands, and do things with your feet,
>and look every which way, and I decided you could walk through life
>and enjoy it or drive through life and miss it."
>
>At which point my mother, a sometimes salty Irishwoman, chimed in:
>"Oh, bull____!" she said. "He hit a horse."
>
>Well," my father said, "there was that, too."
>
>So my brother and I grew up in a household without a car. The
>neighbors all had cars -- the Kollingses next door had a green 1941
>Dodge, the VanLaninghams across the street a gray 1936 Plymouth, the
>Hopsons two doors down a black 1941 Ford -- but we had none.
>
>My father, a newspaperman in Des Moines , would take the streetcar
>to work and, often as not, walk the 3 miles home.  If he took the
>streetcar home, my mother and brother and I would walk the three
>blocks to the streetcar stop, meet him and walk home together.
>
>My brother, David, was born in 1935, and I was born in 1938, and
>sometimes, at dinner, we'd ask how come all the neighbors had cars
>but we had none. "No one in the family drives," my mother would
>explain, and that was that. But, sometimes, my father would say,
>"But as soon as one of you boys turns 16, we'll get one."  It was as
>if he wasn't sure which one of us would turn 16 first.
>
>But, sure enough, my brother turned 16 before I did, so in 1951 my
>parents bought a used 1950 Chevrolet from a friend who ran the parts
>department at a Chevy dealership downtown. It was a four-door, white
>model, stick shift, fender skirts, loaded with everything, and,
>since my parents didn't drive, it more or less became my brother's
>car.
>
>Having a car but not being able to drive didn't bother my father,
>but it didn't make sense to my mother. So in 1952, when she was 43
>years old, she asked a friend to teach her to drive. She learned in
>a nearby cemetery, the place where I learned to drive the following
>year and where, a generation later, I took my two sons to practice
>driving.
>
>The cemetery probably was my father's idea.
>
>"Who can your mother hurt in the cemetery?" I remember him saying once.
>
>For the next 45 years or so, until she was 90, my mother was the
>driver in the family. Neither she nor my father had any sense of
>direction, but he loaded up on maps -- though they seldom left the
>city limits -- and appointed himself navigator. It seemed to work.
>
>Still, they both continued to walk a lot. My mother was a devout
>Catholic, and my father an equally devout agnostic, an arrangement
>that didn't seem to bother either of them through their 75 years of
>marriage. (Yes, 75 years, and they were deeply in love the entire
>time.)
>
>He retired when he was 70, and nearly every morning for the next 20
>years or so, he would walk with her the mile to St. Augustin's
>Church. She would walk down and sit in the front pew, and he would
>wait in the back until he saw which of the parish's two priests was
>on duty that morning.
>
>If it was the pastor, my father then would go out and take a 2-mile
>walk, meeting my mother at the end of the service and walking her
>home. If it was the assistant pastor, he'd take just a 1-mile walk
>and then head back to the church. He called the priests "Father
>Fast" and "Father Slow."
>
>After he retired, my father almost always accompanied my mother
>whenever she drove anywhere, even if he had no reason to go along.
>If she were going to the beauty parlor, he'd sit in the car and
>read, or go take a stroll or, if it was summer, have her keep the
>engine running so he could listen to the Cubs game on the radio.
>
>In the evening, then, when I'd stop by, he'd explain: "The Cubs lost
>again. The millionaire on second base made a bad throw to the
>millionaire on first base, so the multimillionaire on third base
>scored."
>
>If she were going to the grocery store, he would go along to carry
>the bags out -- and to make sure she loaded up on ice cream.
>
>As I said, he was always the navigator, and once, when he was 95 and
>she was 88 and still driving, he said to me, "Do you want to know
>the secret of a long life?"
>
>"I guess so," I said, knowing it probably would be something bizarre.
>
>"No left turns," he said.
>
>"What?" I asked.
>
>"No left turns," he repeated. "Several years ago, your mother and I
>read an article that said most accidents that old people are in
>happen when they turn left in front of oncoming traffic. As you get
>older, your eyesight worsens, and you can lose your depth
>perception, it said. So your mother and I decided never again to
>make a left turn."  "What?" I said again.  "No left turns," he said.
>"Think about it. Three rights are the same as a left, and that's a
>lot safer. So we always make three rights." "You're kidding!" I
>said, and I turned to my mother for support.
>
>"No," she said, "your father is right. We make three rights. It
>works." But then she added: "Except when your father loses count."
>
>I was driving at the time, and I almost drove off the road as I
>started laughing. "Loses count?" I asked. "Yes," my father admitted,
>"that sometimes happens. But it's not a problem. You just make seven
>rights, and you're okay again."  I couldn't resist. "Do you ever go
>for 11?" I asked.
>
>"No," he said. "If we miss it at seven, we just come home and call
>it a bad day. Besides, nothing in life is so important it can't be
>put off another day or another week."
>
>My mother was never in an accident, but one evening she handed me
>her car keys and said she had decided to quit driving. That was in
>1999, when she was 90. She lived four more years, until 2003. My
>father died the next year, at 102. They both died in the bungalow
>they had moved into in 1937 and bought a few years later for $3,000.
>(Sixty years later, my brother and I paid $8,000 to have a shower
>put in the tiny bathroom -- the house had never had one. My father
>would have died then and there if he knew the shower cost nearly
>three times what he paid for the house.)
>
>He continued to walk daily -- he had me get him a treadmill when he
>was 101 because he was afraid he'd fall on the icy sidewalks but
>wanted to keep exercising -- and he was of sound mind and sound body
>until the moment he died.
>
>One September afternoon in 2004, he and my son went with me when I
>had to give a talk in a neighboring town, and it was clear to all
>three of us that he was wearing out, though we had the usual
>wide-ranging conversation about politics and newspapers and things
>in the news. A few weeks earlier, he had told my son, "You know,
>Mike, the first hundred years are a lot easier than the second
>hundred." At one point in our drive that Saturday, he said, "You
>know, I'm probably not going to live much longer."  "You're probably
>right," I said. "Why would you say that?" He countered, somewhat
>irritated. "Because you're 102 years old," I said. "Yes," he said,
>"you're right." He stayed in bed all the next day.
>
>That night, I suggested to my son and daughter that we sit up with
>him through the night. He appreciated it, he said, though at one
>point, apparently seeing us look gloomy, he said: "I would like to
>make an announcement. No one in this room is dead yet."
>
>An hour or so later, he spoke his last words:
>
>"I want you to know," he said, clearly and lucidly, "that I am in no
>pain. I am very comfortable. And I have had as happy a life as
>anyone on this earth could ever have." A short time later, he died.
>
>I miss him a lot, and I think about him a lot. I've wondered now and
>then how it was that my family and I were so lucky that he lived so
>long.
>
>I can't figure out if it was because he walked through life.
>
>Or because he quit taking left turns..........



Posted by lewyn at 5:12 PM EST
Sunday, 4 February 2007
back to Jewish stuff

Normally I don't blog much anymore on Jewish stuff, but I am making an exception to review one book that I can't review on amazon.com for some reason (I think it is flat-out unavailable):  Rav Soloveitchik's Days of Deliverance: Essays on Purim and Hanukkah.  This well-done collection of lectures contains a variety of interesting points.  A few that I noticed:

1.  Why do observant Jews fast before Purim?  Because Purim involves misery and distress as well as joy - the misery of the Jews who were almost massacred before circumstances intervened.  This combination is why the Megillah is read in the evening as well as in the morning; the evening symbolizes both the negative and the positive.

2.   Exodus 33:22-23 (in which God tells Moses that God's "back" but not "face" may be seen) symbolizes that "while the event takes place, while the historical drama is being unfolded, one cannot understand what is happening.  However, after God's passing by, in retrospective meditation, you may begin to see God's back, or the contours of reasonableness of an event that you considered and classified as absurd and unreasonable."

3.  How is Purim different from the major festivals such as Rosh Hashanah, Passover, etc.?  Regarding other festivals, the Torah commands joy- a phrase that Soloveitchik describes as "awareness that one's existence has a purpose, that there is self-fulfillment and commtiment to a great objective."  This view is backed up by the idea that these festivals celebrate the Exodus from Egypt - a "permanent" miracle in that the Exodus essentially created the Jewish people. Purim merely celebrates a victory- but no total joy is possible because the victory of physical survival is not permanent or decisive; another massacre is always possible. 

4. How are Purim and Hanukkah different from Shabbat?  In Shabbat, work (which brings people together to exchange goods and services) is banned; on Shabbat, the single person withdraws from society.* By contrast, Purim and Hannukah involve the salvation of the community, and thus are celebrated collectively, through sharing goodies (Purim) or sharing in the joy of the miracle by lighting candles in public view (Hanukkah). 

5.  How are Purim and Hanukkah different from each other?  The first involves physical survival, the second involves spiritual survival against an enemy who sought to convert Jews rather than to kill them (at least as a first resort).  The prayers for Hanukkah mention human participation in the miracle, while those for Purim do not- evidently because it goes without saying that God is credited for spiritual victories such as Hankkah, while for Purim the point requires more emphasis. 

6. What is the real miracle of Hanukkah?  Not a military victory or the burning of oil for a few extra days, but the spiritual miracle that Judaism survived against missionary attacks by pagan kings.

 

 

*This claim troubles me; in reality Shabbat is often a collective experience, as Jews worship together more frequently and go to each other's homes more frequently.  


Posted by lewyn at 1:17 AM EST
Wednesday, 31 January 2007
My comments on Sam Staley's Washington Post article on sprawl

 

http://www.cnu.org/node/705


Posted by lewyn at 11:20 AM EST
Sunday, 21 January 2007
blogging fom CNU Fla

Last week I went to a conference of the Florida chapter of the Congress for New Urbanism (CNU).  Two presentations were especially interesting.

 Billy Hattaway of Glatting Jackson (a traffic engineering firm) spoke about CNU's efforts to reform the Florida Green Book (guidelines governing street design).   These guidelines are apparently not pedestrian-friendly; for example, they call for streets to be designed for 50 mph traffic even if pedestrians are using them as well as drivers. I was aware of national traffic engineering guidelines put out by AASHTO (a national highway organization) but had no idea Florida had its own rules. 

 Engineers believe that compliance with these guidelines can immunize them from tort liability- often wrongly, because there's very little litigation against engineers when they are making discretionary policy choices.   Hattaway said that CNU is working to create special, more pedestrian-oriented guidelines for New Urbanist developments.  Unfortunately, these guidelines will be limited to Traditional Neighborhood Developments (TNDs- basically, New Urbanist developments, defined in the proposed guidebook) rather than applying to all developments. 

Another interesting speaker was Frank Starkey, a developer.  He said that New Urbanists face a difficult tradeoff: on the one hand, when developers borrow one or two elements of New Urbanism and wind up with something that is 99% conventional sprawl, this creates a backlash against New Urbanism as "prettied-up sprawl."

But on the other hand, New Urbanists' support of separate zoning disticts for TNDs with (in his words) "gold-plated design standards" was actually an obstacle to more pedestrian-friendly development,  in two ways.  First, the standards create an extra layer of bureaucracy for TNDs to go through, and often make TNDs more expensive.  Second, if TND is an "all or nothing" choice, developers are more likely to choose the familiar status quo.  My sense was (and maybe I'm projecting my own views onto his) that he thought New Urbanists should focus less on building the perfect TND code and more on improving the 99 percent of the market that is not TND.

 Someone from Palm Beach County spoke about how the city facilitated downtown development in West Palm Beach.  In addition to creating a form-based code, the city created one-stop review: an unelected commission could grant or deny permits within 45 minutes, and the commission was the only body a developer needed to go to. Result: a revitalized downtown (but also complaints about overdevelopment).

 


Posted by lewyn at 10:56 AM EST
Tuesday, 16 January 2007
blogging from AALS

I went to the Association of American Law Schools (AALS) conference last week, and wanted to report on some of the interesting things I learned.

The state and local government section sponsored a session on the aftereffects of Hurricane Katrina.  The most interesting speech, as far as I was concerned, was by Paul Boudreaux of Stetson, who compared New Orleans' recovery to Kobe's after an earthquake in the 1990s.  While there's been some discussion about New Urbanist design in New Orleans, Kobe has moved in a very different direction: tearing down much of the city's stock of woodframe houses and building high-rises surrounded by parks (the much-derided "Tower in the Park" design championed by Le Corbusier in the early 20th century).  Kobe's strategy doesn't sound that appealing from a community-building perspective, but I don't really know enough about earthquake preparation to evaluate the city's plans in detail.

The Jewish Law section was, as always, a joy.  The most memorable presentation was by Adam Chodorow of Arizona State.  He compared Jewish law with American tax law; Temple-era Judaism had a kind of tax system of tithes to priests and Levites, and the ancient sages labored over such modern issues as the definition of "income" for purposes of these tithes.  Just as we worry about the proper balance between tax simplicity and other values, they dealt with the proper balance between tithe simplicity and other values.

The Federalist Society "counter-conference" a few hotels away was also interesting.  Randy Barnett spoke about the convergence of views between liberals and conservatives over originalism.  While some liberals (such as Jack Balkin) claim to embrace originalism, Justice Scalia, a conservative originalist, has made it clear that he is willing to forsake originalist methodology for the sake of precedent, clarity, or avoiding absurd results.  To be sure, there are still divisions: liberals who claim to support originalism tend to define "original meaning" as broad, general values, so there will not be a consensus over Roe v. Wade anytime soon.

 David Stras of Minnesota discussed the Supreme Court's declining docket.  One might think that the Court's discussion to hear fewer cases is a left/right issue, with conservatives applauding the Court's lassitude and liberals complaining about it.  Stras argues that the Court's behavior should concern conservatives as well as liberals; the Supreme Court often refuses to resolve Circuit splits, which means national businesses have to follow one law in one region and another law in another region.

Stras also pointed out that the issue of declining dockets cuts across ideological lines: liberal Justice Ginsburg has been one of the most stingy justices in deciding whether to hear cases, voting to hear only 80 or so cases a year.  By contrast, her moderate-to-conservative predecessor Justice White voted to hear 200 cases per year.

Stras proposed that Congress expand the Court's mandatory jurisdiction, by allowing circuit judges to certify cases to the Supreme Court.  To prevent the Supreme Court from being flooded with cases, Congress could require a unanimous lower court vote to certify, or allow the Court to reject certifications by a supermajority.

That's not all I heard, but these were the most memorable presentations. (No offense to other people I heard!)   


Posted by lewyn at 7:05 PM EST
Friday, 12 January 2007
some more pro-sprawl arguments debunked

This article debunks two common pro-sprawl arguments: 

1.  That sprawl in Europe proves sprawl is inevitable.  The article points out that European governments, like American ones, create sprawl by throwing money at expressways.
2.  That new cars don't increase pollution.  The article points out that emissions in Europe are soaring due to increased vehicle use. 
URL: http://www.ecoearth.info/shared/reader/welcome.aspx?Linkid=66143 

Rebecca and Emmet O’Connell swear that they are not car people and that they worry about global warming. Indeed, they looked miserable one recent evening as they drove home to suburban Lucan from central Dublin, a crawling 8.5-mile journey that took an hour.

But in this booming city, where the number of cars has doubled in the last 15 years, there is little choice, they said. “Believe me — if there was an alternative we would use it,” said Ms. O’Connell, 40, a textile designer. “We care about the environment. It’s just hard to follow through here.”

No trains run to the new suburbs where hundreds of thousands of Dubliners now live, and the few buses going there overflow with people. So nearly everyone drives — to work, to shop, to take their children to school — in what seems like a constant smoggy, traffic jam. Since 1990, emissions from transportation in Ireland have risen about 140 percent, the most in Europe. But Ireland is not alone.

Vehicular emissions are rising in nearly every European country, and across the globe. Because of increasing car and truck use, greenhouse-gas emissions are increasing even where pollution from industry is waning.

The 23 percent growth in vehicular emissions in Europe since 1990 has “offset” the effect of cleaner factories, according to a recent report by the European Environment Agency. The growth has occurred despite the invention of far more environmentally friendly fuels and cars.

“What we gain by hybrid cars and ethanol buses, we more than lose because of sheer numbers of vehicles,” said Ronan Uhel, a senior scientist with the European Environment Agency, which is based in Copenhagen. Vehicles, mostly cars, create more than one-fifth of the greenhouse-gas emissions in Europe, where the problem has been extensively studied.

The few places that have aggressively sought to fight the trend have taken sometimes draconian measures. Denmark, for example, treats cars the way it treats yachts — as luxury items — imposing purchase taxes that are sometimes 200 percent of the cost of the vehicle. A simple Czech-made Skoda car that costs $18,400 in Italy or Sweden costs more than $34,000 in Denmark.

The number of bicycles on Danish streets has increased in recent years, and few people under the age of 30 own cars. Many families have turned to elaborate three-wheeled contraptions. (Beijing, meanwhile, has restricted the use of traditional three-wheeled bikes.)

On a recent morning in Copenhagen — which is flat, and has bike lanes — Cristian Eskelund, 35, a government lobbyist, hopped on a clunky bicycle with a big wooden cart attached to the front. The day before, he had used the vehicle, a local contraption called a Christiania bike, to carry a Christmas tree he had bought. This day, he was taking his two children to school, then heading to the hospital, where his wife was in labor.

“How many children do I have?” Mr. Eskelund said. “Two, perhaps three.”

There are high-end options, too. At $2,800, a three-wheeled Nihola bike costs as much as a used car, but many people insist it is far more practical. Sleek, lightweight, with a streamlined enclosed bubble in front, it is good for transporting groceries and children.

High taxes on cars or gasoline of the type levied in Copenhagen are effective in curbing traffic, experts say, but they scare voters, making even environmentalist politicians unlikely to propose them. When Britain’s chancellor of the exchequer, Gordon Brown, revealed his “green” budget proposal, it included an increase in gas taxes of less than two and a half cents per quart.

Other cities have tried variations that require fewer absolute sacrifices from motorists. Rome allows only cars with low emissions ratings into its historic center. In London and Stockholm, drivers must pay a congestion charge to enter the city center. Such programs do reduce traffic and pollution at a city’s core, but evidence suggests that car use simply moves to the suburbs.

But Dublin is more typical of cities around the world, from Asia to Latin America, where road transport volumes are increasing in tandem with economic growth. Since 1997, Beijing has built a new ring road every two years, each new concentric superhighway giving rise to a host of malls and housing compounds.

In Ireland, car ownership has more than doubled since 1990 and car engines have grown steadily larger. Meanwhile, new environmental laws have meant that emissions from electrical plants, a major polluter, have been decreasing since 2001.

Urban sprawl and cars are the chicken and egg of the environmental debate. Cars make it easier for people to live and shop outside the center city. As traffic increases, governments build more roads, encouraging people to buy more cars and move yet farther away. In Europe alone, 6,200 miles of motorways were built from 1990 to 2003 and, with the European Union’s enlargement, 7,500 more are planned. Government enthusiasm for spending on public transportation, which is costly and takes years to build, generally lags far behind.

For instance, Dublin and Beijing are building trams and subways, but they will not reach out to the new commuter communities where so many people now live.

The trend is strongest in newly rich societies, where cars are “caught up in the aspirations of the 21st century,” said Peder Jensen, lead author of the European Environmental Agency report on traffic.


Peter Daley, a Dublin retiree who has five children, said: “We used to be a poor country and all the kids used to leave to find work. Now they stay and they need a car when they’re 17. So families that would have had one car 15 years ago, now have three or four.”

As a result, traffic limps around Dublin’s glorious St. Stephen’s Green. Just as skiers can check out the snow at St. Moritz on the Internet, drivers can monitor Dublin’s traffic through the City Council home page.

In the past two years, the city has completed two light-rail lines. During the holidays, the police provide extra officers to direct traffic at all major junctions. But nothing helps much.

When the O’Connells returned from London four years ago, and could not afford the prices of Dublin’s city center, they bought a wood and brick semi-detached house in one of hundreds of new developments. Today, it seems that every home has two or three cars out front.

“No one thought, ‘How will all these people get home from work?’ ” said Mr. O’Connell, an architectural technician, who said the commute took just 20 minutes at first. Ms. O’Connell’s job at the National College of Art and Design in downtown Dublin comes with a parking space. So their gray Toyota Yaris is their lifeline.

One day a week, Mr. O’Connell does take the bus. But if he does not leave home by 7:30 a.m., the buses are all full and simply speed by his stop. On a recent evening, their 18-year-old daughter, Imogen, missed her art class in town because the bus ride took two hours; when she tried to get home, all the buses were full, leaving her stranded.

So they drive. “I complain and I moan, but we continue,” Ms. O’Connell said. “I suppose if petrol got really expensive or I lost my free parking, we’d face up to the fact that we shouldn’t be driving so much, and try to figure something else out.”

John MacClain, a cabdriver in Dublin for 20 years, said that on a recent trip to Prague, he liked the architecture just fine. But what really impressed him, he said, was “the tram system.”

“Now that was beautiful,” he said. “I could get everywhere with ease.”

 


Posted by lewyn at 10:48 AM EST
Updated: Tuesday, 16 January 2007 7:23 PM EST
Books I read in 2006

 

1. Samson Raphael Hirsch (albeit heavily edited; the one volume version not the five volume set) Hirsch Chumash

2. Breyer, Active Liberty

3. Hoffman et. Al. My People’s Prayer Book: vol 7,

Shabbat at Home

4. Hirsch, Nineteen Letters

5. Epstein, A Conspectus of the Public Lectures of

Rabbi Joseph B. Solovetchik

6. Diamond, And I Will Dwell In Their Midst

7. Astren, Karaite Judaism and Historical

Understanding

8. Leibowitz, Judaism, Human Values and the Jewish

State

9. Daniel Schiff, Abortion in Judaism

10. Robert Bruggeman, Sprawl

11. Crooks/Arsenault, Jacksonville

12. Bartley, Keeping The Faith: Race, Politics and

Social Development in Jacksonville, 1940_70

13. Soloveitchik, Festival of Freedom

14. Roth, The Halakhic Process

15. Fishkoff, The Rebbe’s Army

16. Breuer, Modernity within Tradition

17. Ginzberg, Students, Scholars and Saints

18. Steinsaltz, We Jews

19. Grant, The Jews in the Roman World

20. Kranzler, Hasidic Williamsburg

21. Solomon, Global City Blues

22. Sacks, Arguments for the Sake of Heaven

23. Ortiz, Eva Peron

24. Kellner, Must A Jew Believe Anything?

25. Cowley, What Ifs of American History

26. Feagin, Free Enterprise City

27. Lieberman, Hellenism in Jewish Palestine

28. Queenan, Queenan Country

29. Roth, Dona Gracia of the House of Nasi

30. Gilderbloom et al., Rethinking Rental Housing

31. Weiss, Vintage Wein

32. Glick, Abraham's Heirs

33. Hadas, Flavius Josephus

34. Paris, The End of Days

35. Soloveitchik, The Lord Is Righteous In All His Ways

36. Lew, One God Clapping

37. Eisen, Galut

38. Kafka, The Castle  (fiction)

39. Telushkin, You Shall Be Holy

40. Meir, The Jewish Ethicist

41. Sherwin, Jewish Ethics for the 21st Century

42. Kleinman, Praying with Fire

43. Abraham, The Seventh Beggar (fiction) 

44. Alter, The Five Books of Moses

45. Lewis, Main Street (fiction)

46. Hartman, Love and Terror in the God Encounter

47. Soloveitchik, Fate and Destiny

48. Sacks, To Heal A Fractured World

49. Stern, How to Keep Kosher

50. Klinghoffer, Why The Jews Rejected Jesus

51. Stewart et al, America: The Book (Teachers’ Edition)

52. Ferrigno, Prayers for the Assassin (fiction)


Posted by lewyn at 1:01 AM EST
Thursday, 28 December 2006
my 15 minutes of Jacksonville celebrity

I was not just cited, but quoted in a Times-Union editorial yesterday.  The editorial is at

 http://www.jacksonville.com/tu-online/stories/122706/opi_6072543.shtml


Posted by lewyn at 10:09 PM EST
yet another in my empire of web pages

https://lewyn.tripod.com/carfreeinjacksonville

 The last words of the URL pretty much describe the site.


Posted by lewyn at 10:08 PM EST
Sunday, 17 December 2006
Conservative responsa on homosexuality

The long-awaited Conservative rabbinic papers on homosexuality are at   http://www.rabbinicalassembly.org/law/new_teshuvot.html 

The papers that got enough votes to matter (i.e. that individual congregations may adopt) are the Roth, Levy and Dorff papers.  The most liberal paper is the Dorff paper; the others are more traditional.


Posted by lewyn at 9:22 AM EST
Updated: Sunday, 17 December 2006 9:26 AM EST
Thursday, 16 November 2006
bad urban schools: myth or reality?

There was a story in today's NY Times about science test scores in urban schools. 

http://www.nytimes.com/2006/11/16/education/16reportcard.html?_r=1&oref=slogin

Most of the story parroted the conventional wisdom about how awful city schools are. 

But the story contained something a little different: a table breaking down the results by race.  And when the results are broken down by race, big city schools don't always do worse than the nation as a whole.

For example, in Atlanta white 4th graders outperformed the national average for whites; they were at the 86th percentile nationwide, while white 4th graders nationally were at the 62nd percentile. 

Nationally, 28% of white students were at the "below basic" level in science; but in four of nine big cities listed, the percentage of white students with below-basic scores was lower.  The major exceptions were cities with large white working class populations (e.g. Cleveland, Boston).

Urban blacks did a little worse relative to national scores, but even there most city systems were pretty close to the national black average.    Nationally, 73% of blacks were below basic; in 7 of 10 cities listed, the black "below basic" average was within five points of that (that is, no more than 78% of blacks were "below basic").

We don't have a problem with city schools.  We have a problem with race and schools- which, of course, doesn't make it any less difficult.  

 

 

  


Posted by lewyn at 9:48 AM EST
Updated: Thursday, 16 November 2006 11:40 AM EST
Tuesday, 14 November 2006
interesting things about the election

I. Gerrymandering 

Conventional wisdom was that the Republicans had a "firewall" through gerrymandering.

 It looks right now like the Dems will have around 52.4% of the national House popular vote (the Committee for the Study of the American Electorate says the Dems have 36.5 million, the Reps have 33.2 million, so do the math yourself).  Assuming that the nine undecided races break in favor of the candidate who is winning, the Dems will have about 232 seats (or 53% of the seats).  So the gap between the Dems vote share and their seat share will be at most around 0.6%- pretty unusual in a single-member system.

In the last couple of elections, did Rs do any better? Not much.  In 2004 there was a 2% gap (Rs got 51.4% of national House vote, 53.3% of seats); in 2002, the first post-redistricting year, they got 52.4% of the vote and 52.6% of the seats.  So redistricting doesn't seem to create a system that favors Republicans per se very much  on the national level. 

Having said that, seats/votes gaps are much narrower today that in the 1990s.  Let's look at two elections after the 1990 redistricting:

 1992 Reps gave 47.3% of the votes, only 40.5% of the seats- a 6.8% seats/votes gap.

1994 Reps got 52.8% of votes, 53% of seats- basically no gap.

In 1990s, Dem gerrymanders clearly favored Ds, giving Ds a big surplus before 1994, and limiting their 1994 losses.

In 2000s, results much more ambiguous, so there's no reason to believe that gerrymandering consistently favors Republicans. 

At most, it may be the case that bipartisan gerrymanders, by limiting the number of swing districts, limited seat swings to either party, essentially creating a floor of 200 or so seats for each side.

II.  Exit polls

After 2004, there was much wailing and gnashing of teeth about exit polls and their D bias.  I compared the early evening exit polls (off wonkette.com) with actual results. 

Surprisingly, there wasn't a clear pro-D pattern.  In Senate races polled, Republicans did more than a point better than exit polls in Virginia (47% poll, almost 50% on Earth), Montana (46% poll, 48% Earth) and Arizona (50% poll, 53% Earth), worse in Maryland (46% poll, 44% Earth) and within a point of the exit poll showing in RI, Pa, Ohio, NJ, and Mo- and exactly at the exit poll showing in Tenn.

 Looks like the kinks may be out of the exit poll system.


Posted by lewyn at 10:43 AM EST
Updated: Tuesday, 14 November 2006 1:11 PM EST

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