Given that the United States once set global precedents for environmental protection and physical planning, it is hard to grasp just how far we have fallen. The U.S. Supreme Court, though, has now made the reversal clear. In a “A Legal Blow to Sustainable Development,” the New York Times details the impact of the latest blockbuster court decision on planning.
In simple terms, the Koontz vs St. Johns Water Management District case involved a development permit decision. The developer, Koontz, applied for a permit to build a small shopping center, and his plan included filling three acres of wetlands. In a common negotiation practice, the water management district suggested changes to Koontz’s plan that would make it more likely that his permit would be approved. Koontz could either reduce the size of his development, or he could pay a fee for wetland restoration elsewhere and proceed to fill the wetlands on his own property. Koontz refused to negotiate, and the water management district denied his permit. Koontz sued, and the case went all the way up to the Florida Supreme Court which sided with the water management district. Koontz has since died, but his case went on from Florida to the U.S. Supreme Court. Yesterday, the justices delivered a 5/4 decision to reverse the Florida Supreme Court’s decision. In this blockbuster decision, Koontz has achieved a measure of immortality.
From the Times:
Lost amid the Supreme Court’s high-profile decisions on affirmative action, voting rights and same-sex marriage was another ruling that may turn out to have a profound impact on American society. The court handed down a decision on Tuesday that, in the words of Justice Elena Kagan, will “work a revolution in land-use law.”
While that may sound obscure, the decision in Koontz v. St. Johns River Water Management District will result in long-lasting harm to America’s communities. That’s because the ruling creates a perverse incentive for municipal governments to reject applications from developers rather than attempt to negotiate project designs that might advance both public and private goals — and it makes it hard for communities to get property owners to pay to mitigate any environmental damage they may cause.
As for implications:
As Justice Kagan correctly explains in her dissent, the decision will very likely encourage local government officials to avoid any discussion with developers related to permit conditions that, in the end, might have let both sides find common ground on building projects that are good for the community and environmentally sound. Rather than risk a lawsuit through an attempt at compromise, many municipalities will simply reject development applications outright — or, worse, accept development plans they shouldn’t.
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Posted in Cities, Design Practice, Landscape Planning, Shoulders of Giants, tagged architecture, city planning, design, innovative planning, land use planning, politics, Southern cities, urban design, urban planning on June 26, 2013|
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Earlier this month, the Pritzker Prize jury declined to retroactively include architect Denise Scott Brown in the 1991 award given to her husband and design partner, Robert Venturi. The jury’s action came in response to a petition created by two Harvard design students. An award-winning planning blog in my hometown, Smart City Memphis, used the occasion to remind readers about the last downtown plan that Brown worked on – the plan Downtown Memphis from 1986-87. In a post titled, Cobwebs Greeted Prestigious Downtown Plan, Tom Jones of Smart City Memphis relates the discouraging side of long-range planning as revealed by Brown’s experience in Memphis:
Downtown Memphis became the canvas for her firm’s last plan of its kind, primarily because they were losing money on them.
If it was her swan song, it was a magnificent one. The Center City Development Plan was released in 1987 and its erudition, insights and recommendations were captured in the most impressive report ever delivered to Memphis. There were about 20 volumes [!! emphasis added] replete with drawings, thoughtful insights, and provocative and solid recommendations. As an associate with Venturi, Scott Brown and Associates, respected Memphis architect James Williamson – now an associate professor of architecture at University of Memphis – was a vital part of the team that developed the downtown plan and was instrumental in weighing options.
Unfortunately, the ambitious and impressive plan was largely ignored. Instead of funding the summary volume that would lay out next steps and implementation, the Center City Commission took that money and paid for yet another redesign of Court Square Park. It was also a time of leadership transition at Center City Commission and a time when government and developers were largely unreceptive to a scholarly approach to the future of downtown, instead of quick fixes like festival market places. The failure of Memphis to embrace the plan was another factor in her firm’s decision to end planning of this kind.
Jones goes on to evaluate why the plan floundered.
It’s likely that her work was doomed from the beginning. Venturi, Scott Brown and Associates selected by a one-vote margin. Developer-friendly representatives on the selection committee supported a firm whose trademark was festival marketplaces. The other half of the committee was people more interested in the urban fabric and the historic character of downtown. At the end of the selection process, the votes were divided down the middle, and the deciding vote was cast by the chair of the selection committee.
In retrospect, while the plan was excellent, its impact and import were undermined by lack of support by some key downtown interests. They criticized Ms. Scott Brown’s style, her approach to planning, the extensive public input process, and her openness in public discussions.
As one of these people said at the time, “we could have had a festival marketplace but instead we got a lot of preservationist talk.” Over time, they would be proven wrong as festival marketplaces opened with banners and fanfare and closed some years later. The public wanted authenticity and governments and downtown agencies were delivering up artificially contrived shopping arcades.
A video of Denise Scott Brown discussing the Memphis plan:
In Her Own Words
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Just ran across Urban Ethics and Theory, the blog of my friend and former colleague, Lisa Schweitzer. Brilliant, quick-witted, no BS, Lisa is just as I remember. Add her blog to your reading list, if you do not already follow her work. And, Lisa, a few feet away from where I am sitting is the Tiki cup you gave me when I last saw you – its fierce face is strangely encouraging. We’ll have to get together again soon!
Of all things, I choose this random post to pass along. Enjoy the Schweeb!
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Posted in Design Practice, Landscape Urbanism, tagged cities, city planning, exurban, history, land use planning, sprawl, suburbia, urban planning on January 15, 2012|
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The Atlantic Cities and the Landscape + Urbanism blog note the release of this 1959 video as part of the Urban Land Institute‘s 75th anniversary. It seems that everyone is surprised by different things in this video. I’m surprised that the National Association of Home Builders would co-produce anything critical of home building, perhaps especially over 50 years ago. Granted, it was the pattern of home building that was of concern. I’m also surprised at how I think that 1959 was not really that long ago! Tracking the rise and fall of growth worries (aka rampant growth, sprawl) is as easy as tracking recessions over time. The current big slump is likely to make growth controls unpopular for the next decade (?).
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One of the most popular stories today in the New York Times is about the “Brooklynization” of Hudson River towns. Even with the weak national economy, or perhaps because of it, New Yorkers are seeking the comfort of small town life and bringing their creative enterprises and locovore habits with them. While this has been true for the closest towns for a long time, the wave of newcomers is reaching farther into the hinterlands today. Ned Sullivan, president of Scenic Hudson, calls this a “green economic revitalization,” suggesting that environmental groups are not opposing this population influx as they might have in the past. Many of the towns in this region have been down and out since their industries left long ago, so the transformation is nothing less than astonishing for the chosen ones.
…for all the images of upstate decay, the population of the Hudson Valley is growing more than twice as fast as that of the rest of the state — 5.8 percent over the past decade, compared with 2.1 percent for New York State and New York City. (While there are no universally accepted boundaries to the Hudson Valley, this reference includes the counties north of suburban Rockland and Westchester and south of the capital region: Putnam, Orange, Dutchess, Ulster, Columbia and Greene.) … and snip…
But optimism is one thing you find in the Hudson Valley, to an extent not seen elsewhere. It is true that, even here, it takes more than art, farm stands and caffeine to make an economy work — especially for those who don’t make a living with a laptop or a paintbrush. But in a culture sometimes whipsawed between a desire to be in the middle of the storm and to be a million miles away, the Hudson Valley offers the promise of both, the upstate hills and quirky towns just 90 minutes from Manhattan, said Bradley Thomason, who moved his small technology and organizational development consultancy, Miraclelabb, from Manhattan to the mighty metropolis of Accord last year.
“This isn’t like the tech revolution,” he said. “I’d be worried if there were some big kaboom Hudson Valley moment. But I think what you’re seeing is a slow progression toward something that can sustain itself.”
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Posted in Ag and Natural Resources, Climate, Green Infrastructure, Landscape Planning, tagged environmental planning, flooding, future, innovative planning, land use planning, landscape planning, resilience, sustainability, water quality on July 20, 2011|
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What do you do when historical data is no longer useful for predicting the future? Climate change is making the already-difficult proposition of predicting environmental phenomena even harder. Consider societal efforts to manage the flood system. The concept of a 100-year flood is based on the idea that history is useful indicator of future states and “most likely” scenarios. A 2010 paper by Gersonius et al.* tackles the question of how we might begin to plan for shifts in flooding regimes by using adaptive management strategies. This paper is at the leading edge of climate adaptation design research, and there is a need for much more.
Gersonius et al. contrast the traditional approach with an adaptive approach. They say that traditional approaches are based on the assumption “that it is possible to define a singular optimum adaptation strategy according to the ‘most likely’ or average future projection” (p.15). Big investments of public dollars are common with the traditional approach – essentially a large bet on the promise of a singular optimum strategy (one-off interventions). The paper’s authors argue for an adaptively resilient approach instead, an approach better suited to the uncertainties of climate change.
Rather than taking a traditional approach, responsible climate adaptation requires an alternative approach that attempts to assess and manage the resiliency of the flooding system for long-term future change. The aim of this approach is to keep the system within a configuration of states that give at least acceptable functioning despite the occurrence of possible changes (Walker et al. 2002**). This means that the approach acknowledges that projections are ‘always wrong’ and that it is necessary to plan for a range of possible future conditions.
The authors’ modeling results suggest that adaptation decisions that include LEARNING about future climate parameters could reduce overall costs between 5 and 17% over a single high risk traditional, or “robust,” intervention. The figure below illustrates the concept.
(a) Adaptively resilient approach contrasted with (b) traditional "robust" approach
*Gersonius et al. 2010. Managing the flooding system’s resiliency to climate change. Proceedings of the Institution of Civil Engineers ES1: 15-22.
** Walker et al. 2002. Resilience management in social-ecological systems: A working hypothesis for a participatory approach. Conservation Ecology 6:14.
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Posted in Design Practice, Landscape Planning, Landscape Urbanism, Recession Watch, tagged cities, city planning, economy, future, global trends, land use planning, New Normal, paradigm shift, recession, sprawl, trends, urban planning on July 15, 2011|
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Search online for “sprawl is dead” or “end of sprawl,” and, not surprisingly I think, you’ll find a lot of articles and blog posts (e.g., How History Killed the Suburb and Beyond the Requiem for Sprawl). The Great Recession has decimated sprawl for the foreseeable future according to a growing consensus. But talk to a group of die-hard sprawl warriors, and you’ll find them still engrossed in battle planning or, at a minimum, on guard for sprawl’s return. It’s understandable, I suppose, given the amount of passion that some people devoted to the anti-sprawl effort, but it is now time to redirect those passions. Dan Bertolet of the Citytank blog provides a handy list of “well-documented and intensifying megatrends” that suggest it’s reasonable to redirect energy.
And now there’s speculation that we’ve even reached “peak car use” in cities all across the developed world. Eric Jaffe of The Infrastructurist makes this argument yesterday, giving us 6 reasons why driving has peaked in the U.S. Can you wrap your head around that idea? It’s more amazing than the collapse of the homebuilding industry. I think these megatrends mean that we can stop railing against the bubble-fueled Growth Machine, which was a monstrous force, no doubt, and now focus on another set of forces that are also beyond our control – the ones listed in the Citytank and Infrastructurist blogs. These forces are much more in line with what planners and designers have been hoping for. Perhaps now is the time to act on those dreams, limited budgets notwithstanding.
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