More on height limit trade-offs – listening skeptically, reaching resolution

London Skyline. CC image from Elliot Brown.

One dynamic that comes up in DC’s height limit debates is the tension between gains and losses, impacts on the city and benefits to it.  New development can clearly add value, but the question is if that value is a mere ‘give-away to developers’ or if citizens (the eventual consumers of that real estate) benefit from robust markets for that product.  Likewise, value-capture methods open doors to finance new infrastructure, while others worry about the ability of a city to handle the strain of new development.

This tension raises a couple of issues.  Kaid Benfield talks about “softening urban density” in an NRDC article. (though, as Cap’n Transit notes, the same article was re-titled by Atlantic editors as “The case for listening to NIMBYs“)  The core argument is the same.  While development of the city has large, aggregate benefits, there are indeed local impacts, often perceived as negatives. Benfield discusses several ways to mitigate those negative impacts, ‘softening’ their effect.

While the outcomes of softening are well and good, the real battle is not about how to mitigate impacts of density, but whether it should be allowed at all.  In that context, the process for addressing those impacts is important. As Cap’n Transit notes (using the Atlantic’s title for Benfield’s piece), there is a case for listening to NIMBYs – but with a healthy dose of skepticism.

Here’s the problem: NIMBYs lie. They don’t all lie, and they don’t lie all the time, but enough NIMBYs lie often enough that you can’t just take their word for things. They don’t just lie to other people, they lie to themselves. Of course, developers lie, too, and planners lie. We’re all people.

NIMBYs are also irrational. Just like developers and planners and crazy anonymous transit geeks. We’re all people.

Seriously, how many NIMBY Predictions of Doom have you heard? Things that made absolutely no sense? But when you looked in the person’s eyes as they stood at the mic in the community center, you knew that they really believed that removing two parking spaces would lead to gridlock, chaos and honking twenty-four hours a day. And then the two parking spaces were removed, and there was no increase in gridlock, chaos or honking, but the person has never admitted that they were wrong. Somebody, somewhere should make a catalog of these crazy predictions.

We should listen to NIMBYs, not because that’s how you get things done, but because they’re people. People deserve respect, and one of the best ways to show respect is by listening. But listening and acknowledgment do not necessarily mean acceptance or agreement. We need to listen skeptically.

I’ll go one step further: it’s not just about listening, but about having a process in place to address these impacts and assess the validity of these claims – a process to apply a skeptical eye and reach a resolution.

Over in London, architecture critic Rowan Moore is casting a skeptical eye on London’s growing skyline, decrying a shoddy process with (to his eye) substandard results.

Almost all forms of resistance, such as the statutory bodies that are supposed to guide the planning system, have been neutralised, leaving only little-heard neighbourhood groups to voice their protests. All of which, if these tall buildings were making the capital into a great metropolis of the 21st century, might be a cause for celebration. Towers can be beautiful, and part of the genius of London is its ability to change, but what we are getting now are mostly units of speculation stacked high, garnished with developers’ ego. They are invitations to tax evaders to park their cash in Britain.

Of all the arguments in favor of removing DC’s height limit, the idea that it somehow stifles good architecture is the one I find least compelling. I love skyscrapers, but I also love good urban design and a city as an organism, an economic cluster, that functions in a healthy way.  The mere fact that some of London’s new towers might not be the most compelling designs doesn’t strike me as a reason not to build up, as many of DC’s stunted buildings aren’t compelling, either.

Some of the same arguments about the capacity to absorb such development also come up: ” It is doubtful, for example, whether Vauxhall is a major transport interchange of the kind that the London plan thinks is right for tall buildings, but it is becoming a mini Dubai nonetheless.”  Moore does mention the prospect of capturing the value of new development to fund new infrastructure and London’s Community Infrastructure Levy to help fund Crossrail, but Moore remains skeptical:

It doesn’t help that boroughs such as Southwark and Lambeth are unlikely to be tough on new towers, as they can order developers to contribute “planning gain”, which is money to be spent on affordable housing elsewhere in their territory. Livingstone liked them for similar reasons, as well us for the special delight that skyscrapers seem to have for mayors. Johnson is likely to be influenced by the community infrastructure levy raised on new developments, which helps pay for the Crossrail project. Of course, affordable housing and public transport are good things to have, but thoughtless plunder of the city’s airspace is not the way to pay for them; by the same argument, we could build on parks or on the river.

Building on parks is veering into Cap’n Transit’s above-mentioned NIMBY prediction of doom for the removal of two parking spaces.

Just as there is a simple elegance to tying congestion pricing to transit funding, there is also a simple elegance in tying the value of a growing city into the infrastructure that supports it – and it need not be dismissed as “thoughtless plunder.”  Instead, our processes should identify the impacts and seek to mitigate them rather than freeze a city in amber, never to be touched.  Participants should shape the result, not veto it.

Aligning our institutions and legal mechanisms to that end is a challenge.  The latest piece from George Mason’s Center for Regional Analysis on DC’s housing pinch looks at some of those problems.  The existence of impact fees (in the abstract) does indeed add to the cost, but so long as those fees are addressing actual impacts, that shouldn’t be a major concern.  The challenges of coordinating approval processes and dealing with local opposition, however, are tremendous obstacles. That is where the need to listen skeptically is quite clear.

 

3 thoughts on “More on height limit trade-offs – listening skeptically, reaching resolution

  1. charlie

    Interesting post, and well written, but you miss a few things.

    1) externalities. You’re making the same argument as Layman in terms as externalities, essentially let the government capture them. And as you say they should be narrowly tailored. But the problem with the height limit is doing that tailoring. Viewshed? Downdrafts? Increased congestion? they are so broad and diffuse that you can’t tailor them very well.

    2) NIMBY’s. As others have said, a DC height increase is only going to be in certain area that can sustain that, ie downtown. Not many NIMBY’s there. NIMBYs exist because people in DC LIKE their single family neighborhoods and don’t want to see them turned into condos. Outside of the L’enfant plan the District is suburban, and people like it that way.

    3) Other than Ygelisas’s unhealthy fascination with big buildings and the desire of bloggers to get some of his link traffic the only reason to look at the height limit is limit of DC property taxes. At some point it will be a problem. However, right now the high valuations are translating into a lower overall rate, which is again for residents — although not great for commercial developers.

  2. Alex Block Post author

    Charlie,

    Good points.

    1) I was hinting at externalities, but I didn’t want to ramble on too much longer. I think some can be addressed by regulation, and some that might need some other kind of impact fee. Some can be handled by good planning (e.g. viewsheds), while others with broad impacts (like transportation) could and should be addressed broadly – like London’s tax on new development to fund new infrastructure.

    2) Indeed, the issues in the core of the city and in the neighborhoods will be different. I do think a similar process can resolve both problems, but the key there is to focus on the process, not the outcome. Focusing on the outcome then tends to push a ‘one size fits all’ approach.

  3. Kenny

    Charlie – “3 … the only reason to look at the height limit is limit of DC property taxes. At some point it will be a problem. However, right now the high valuations are translating into a lower overall rate, which is again [good?] for residents — although not great for commercial developers.”

    I’m not sure I understood quite what you were saying, because of a typo, but did I fill it in correctly? I apologize if I’m reacting to a misinterpretation of what you meant.

    It’s not obvious to me at all that high valuations and low tax rate are good for residents. Low tax rate sounds good, but if the residents had a higher tax rate and lower property valuations, so that they paid the same annual amount, wouldn’t that be just as good for residents? I suppose there would be a difference in terms of how much overall wealth is stored in the form of property, which people can borrow against, but this is just the other face of the problem of a lack of affordable housing. It seems that residents would be better off if housing were cheap (so that middle class people can afford to buy houses, and rich people can put their excess money in other investments), and property tax rates were correspondingly higher (so that owners pay the same annual amount in property taxes).

    That benefit of increased affordability and the one-time decrease in wealth of incumbent condo owners seem like the other issues to consider in changing the height limit, even ignoring questions of overall property tax revenue.

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