WHAT FLAVOR IS YOUR CONTAINMENT? Arthur C. Nelson and Casey J. Dawkins Virginia Polytechnic Institute and State University Just below the national radar screen there is a growing movement to contain urban sprawl called urban containment. Today, we find more than 100 metropolitan areas engaged in some form of containment either regionally or among individual communities. More are added annually. In this article, we summarize findings of our national survey of urban containment, sponsored by the National Association of Realtors. We begin with an overview, show the “flavors” of containment, and speculate on “good” and “bad” containment. God’s Will? Urban containment is more than simply “growth management” or what some might call “smart growth.” It is the explicit effort to prevent the outward expansion of urban areas. The idea of urban containment is not new. The Old Testament has perhaps the earliest mention of it: The Lord said to Moses . . . Command the people of Israel, that they give to the Levites . . . cities to dwell in; and pasture lands round about the cities . . . The pasture lands of the cities . . . shall reach from the wall of the city outward . . . all around. The city shall be in the middle… (Numbers 35: 1-5.) We won’t tempt fate suggesting that urban containment is God’s will, of course. What is Containment? In our view, urban containment is an attempt to confront the reasonable development needs of the community, region, or state, and accommodate them in a manner that preserves public goods, minimizes fiscal burdens, minimizes adverse interactions between land uses while maximizing positive ones, improves the equitable distribution of the benefits of growth, and enhances quality of life. This is a tall order for public officials since it usually intrudes on the use of privately property. 1 At its heart, urban containment aims to choreograph public infrastructure investment, land use and development regulation, and deployment of incentives and disincentives to influence the rate, timing, intensity, mix, and location of growth. Broadly speaking, urban containment programs can be distinguished from traditional approaches to land use regulation by the presence of policies that are explicitly designed to limit the development of land outside a defined urban area, while encouraging infill development and redevelopment inside the urban area. Why Contain? In the Old Testament, containment was seen as a way to preserve farmlands to feed the people. In modern America, the idea to contain urban development is more complex. Whether knee-jerk or reasoned, the motivations to contain urban sprawl are widely known. It is mostly a response to rapid suburbanization since World War II. Roads intended to relieve congestion have become congested. Cookie-cutter subdivisions have replaced scenic landscapes. Once-vital downtown stores have been abandoned as shoppers transferred their allegiance to convenient suburban malls. The spread of lowdensity residential development made public transit impractical, making the automobile virtually the only choice for transportation. Automobile dependence has degraded the air in some places to alarming levels. Once-tranquil communities with their own unique character have been overwhelmed by more people, automobiles, and shopping centers. Urban containment is seen as a way to create vital urban and suburban communities, and preserve rural heritage. Not all people favor containment, but a growing number do. A Brief History of Containment The granddaddy of all containment efforts is found in Great Britain. In 1949, just after the War, Great Britain purchased all the development rights of land outside urban areas to create greenbelts. Like them or hate them, greenbelts are now a fixture on Britain’s landscape. In addition to hemming cities in, they are a tourist attraction. Urban containment in America is fragmented. Some New England townships in the 17th century, for example, forbade homes from being built in the nearby farmland. In modern times, Lexington and Fayette County, Kentucky, are credited with implementing the nation’s first effort to contain urban sprawl, chiefly by limiting development within an urban service line and preventing urban-scale residential development in the Bluegrass area around. Today, one can fly over this part of Kentucky to see development clustered in the center of Fayette County with open spaces surrounding Lexington, coupled with conventional urban sprawl in the surrounding counties. The first statewide effort is Hawaii’s in the 1960s because, after all, its cities have a difficult time sprawling at least too far out. 2 During the 1970s, urban containment emerged in a few more metropolitan areas, chiefly Miami-Dade County, Minneapolis-St. Paul, Boulder, Sarasota, and Sacramento, and in one state – Oregon. By the middle 1980s, every urban area in Oregon had a UGB, including such booming metropolises as Lonerock, population 20. Florida's growth management legislation in the middle 1980s enabled local governments to adopt various forms of urban containment strategies, although few have. Washington State adopted Oregon-style containment laws in the early 1990s and applied it to the most urbanized counties. What less than half a century ago was but one clear example of urban containment in metropolitan America, our research has revealed that more than 100 metropolitan areas have at least one example of metropolitan-wide or local government containment. Examples include the usual suspects but also some surprises. Sioux Falls, South Dakota – routinely ranked highly by Money Magazine and Forbes as both a good place to live and do business – has one of the nation’s oldest programs. NAR Interest on Containment Flavors Unlike the national approach used in Great Britain, urban containment in America is a mixed bag. Few states require it. Outside of Hawaii, Oregon, and Washington, locally or regionally prepared containment plans are not based on a common methodology or even common set of principles. Variation is considerable. A natural question arises from the diversity of American-style urban containment: do different approaches lead to different outcomes? Developers, builders, realtors, and other real estate interests need to know what to expect before their markets are “contained” and even when they already are. The first thing one needs, however, is a roadmap of the different types of containment. Once a typology is established, differences in approaches can be compared between them, and relative to non-containment. Our charge by the NAR was to compile and evaluate all urban containment plans of metropolitan areas, counties, and larger cities (roughly over 20,000) that had room to grow outward. We collected nearly 150 such plans, evaluated them, and analyzed their content. As there is no national urban containment reporting service, we used surveys, literature, the internet, and even word of mouth (a technique called “snowballing”) to find all such plans. We know we did not collect them all, but we have reason to believe we came close. We then conducted a “content” analysis of these plans through techniques we developed with support from the National Science Foundation. We evaluated plans for their goals, 3 factual bases (growth rates, buildable land, land use projections, etc.), and their policies. Policies came in two generic forms: containment and management. Containment policies include the usual limits to outward urban growth such as urban growth boundaries, urban service limits, open space preservation (or “green” lines), priority investment areas, and so forth. Management policies address the choreography of infrastructure, zoning, redevelopment, purchase and transfer of development rights, and other ways in which to guide or steer development. Through a statistical technique called “cluster analysis” we shook the data up as in a pick-up-sticks container and threw it out as on a table. We found initially that containment plans differ primarily along the following two dimensions: Emphasis on development accommodation – The analysis for the goal clusters suggested that plans were most clearly distinguished by the presence or absence of an aggressive program to accommodate projected urban growth. These plans ranged along a spectrum from the “restrictive” plans, which seek to cap future population growth, to the “accommodating” plans, which project regional growth and implement measures to accommodate all projected growth. Strength of the urban containment program – A strong urban containment program should include policies that (a) ensure adequate land supply, (b) facilitate the provision of affordable housing, (c) facilitate the provision of adequate infrastructure, and (d) promote land conservation in areas outside the urbanizing area. The plans in our sample can be categorized along a continuum from “strong” to “weak,” depending on the number of adopted policies supporting these four containment objectives. We determined that urban containment plans sorted themselves neatly into four major, and logical, categories: Market accommodation with strong containment Market accommodation with weak containment Market restrictive with strong containment Market restrictive with weak containment For the most part, market accommodation containment plans tend to have more adopted policies than market restriction ones. Plans that have strong policies of restricting growth outside of an urban containment boundary also tend to have strong programs designed to accommodate housing and infrastructure within the boundary. Thus, a strong program of containing the spatial extent of growth need not necessarily be viewed as exclusionary towards growth inside the planned urbanizing area. This can also be seen by the fact that the largest number of plans are those which are simultaneously strong and accommodating. Moreover, market accommodating plans tend to be more likely to accommodate growth through an increased emphasis on infrastructure management policies. Market restrictive plans are clearly more likely to adopt caps on development. 4 Somewhat interesting, however, is the observation that restrictive plans do not necessarily fail to accommodate affordable housing. Each is different and has important implications for development patterns, let alone development per se. Market accommodation with strong containment Urban containment plans with market accommodation and strong containment have two basic features: the preservation of rural and other open spaces beyond a boundary for nonurban uses and the containment of urban-scale development within a boundary. There are about 20 examples of this kind of containment throughout the nation, most of which encompass entire metropolitan statistical areas as defined by the US Bureau of the Census. Two are presented here for illustrative purposes only: Metropolitan Portland, Oregon, and Palm Beach County, Florida. Metropolitan Portland, Oregon A useful place to begin our discussion is Portland, Oregon. Portland Oregon’s urban growth boundary (UGB) initiative is one of the nation’s oldest and most well-known urban containment programs. It was adopted in 1979 based on Oregon’s statewide land use planning program and is drawn to accommodate a 20-year supply of urban development. Inside the urban growth boundary, policies such as minimum density standards have been established to promote higher density development. Outside the boundary, land is designated for rural uses only. The overall scheme is illustrated in Figure 1. Palm Beach County, Florida At the opposite end of the continent there is a newer but no less comprehensive approach to containing urban development: Palm Beach County, Florida. Palm Beach County relies on a tiered approach combined with rural density zoning to preserve land that lies outside the existing urbanizing area. Within the “rural tier,” land is designated for agricultural uses and rural residential uses at densities ranging from one unit per five acres to one unit per twenty acres. All land within the rural tier is located outside Palm Beach County’s urban service area (see Figure 2). Urban development is targeted to this area, which is designed to accommodate all projected development needs over a twenty year period. 5 Figure 1: Metro Portland, Oregon 6 Figure 2. Palm Beach County, Florida 7 Market accommodation with weak containment Plans that fall into this category may have growth boundaries or urban service limits but do little to manage development outside the boundary, resulting in low density urban development extending outward. On the other hand, they are proactive principally by identifying development needs while accommodating those needs with land made buildable through a fiscally sound, market responsive capital improvement investment program. Two examples are presented here: Sioux Falls, South Dakota and Lincoln, Nebraska. Sioux Falls, South Dakota. The Sioux Falls, South Dakota, 2015 Growth Management Plan identifies seven districts that are contiguous to and immediately beyond the existing municipal boundaries. Within each of these districts, the city identifies the timing and scope of projected future urban infrastructure extensions. By phasing infrastructure extensions, the city can direct the pattern of future growth. To determine the infrastructure provision priorities, the city employs a scoring system that ranks each district based on development suitability. Figure 3 illustrates this plan. Lincoln – Lancaster County, Nebraska The Lincoln – Lancaster County Comprehensive plan restricts the extension of municipal water and sewer services to areas that lie within the corporate limits. In addition, by identifying existing infrastructure needs and proposed infrastructure extensions for a 20year planning period, the city can direct the path of future growth by directing the path of future infrastructure extensions and annexations. In addition to these limits on infrastructure extensions, the state of Nebraska has granted Lincoln extraterritorial zoning authority over land within 3 miles of its boundaries. Thus, the city can coordinate future annexations and infrastructure extensions with the land use patterns that emerge within the urban fringe. Furthermore, the state of Nebraska has prohibited the incorporation of new cities within five miles of the Lincoln city limits without the approval of the city of Lincoln. These powers combined with relatively flexible state-defined annexation procedures give Lincoln the ability to manage growth through the planned expansion of its municipal boundaries. Its plan is shown in Figure 4. 8 Figure 3. Sioux Falls, South Dakota 9 Figure 4. Lincoln – Lancaster County, Nebraska 10 Market restrictive with strong containment Urban containment plans that are market restrictive with strong containment have the same two basic features: the preservation of rural and other open spaces beyond a boundary for nonurban uses and the containment of urban-scale development within a boundary. However, they differ from strong containment with growth accommodation in that there is little direct relationship in comprehensive plans between projected growth needs and land or other provisions made available to meet those needs. There are a couple dozen examples of such planning. The first highlighted here is the city of Boulder, Colorado – a central city in the Boulder-Longmont metropolitan area, and Ventura County, California, north of Los Angeles. City of Boulder, Colorado Boulder, Colorado is home to the University of Colorado. Since the 1970s, it has used an urban growth boundary to reign in urban sprawl and prevent development of the Rocky Mountain foothills (see figure 5). It has done little, however, to ameliorate housing needs although it has an elaborate inclusionary housing effort. Housing demand appears to be displaced to Boulder County's other major city, Longmont, and into the rural areas around Longmont. Indeed, in the decade from 1988 through 1998, Boulder’s share of Boulder County’s new housing fell from 29% to 8% while Longmont’s share rose from 10% to 31%. Ventura County, California Over the past decade, Ventura County voters have approved several growth control initiatives. They include a county-wide measure that requires voter approval before agricultural and open space land may be rezoned and converted to residential or commercial use, complemented by urban growth boundary (UGB) measures in the cities of Oxnard, Camarillo, Thousand Oaks, and Simi Valley (see figure 6). The city UGB measures require voter approval before land outside a city's urban boundary may be annexed into the city. For their part, the cities appear to do little to identify and meet their projected housing needs, at least based on our analysis. 11 Figure 5. Boulder, Colorado 12 Figure 6. Ventura County, California 13 Market restrictive with weak containment The fourth category are those containment programs that are weak in containing the outward spread of development beyond a development limit but also tend to impede development by not clearly identifying needs or in other ways facilitating development needs. Two examples are summarized: Baltimore County, Maryland, and the Pinelands of New Jersey. Baltimore County, Maryland The Baltimore County, Maryland, 2010 Master Plan identifies a traditional urban service area for public water and sewer service called the “urban-rural demarcation line” (URDL). However, since public sewer service is provided by the Metropolitan District of Baltimore County, the boundaries of this special district act serve as the actual boundary for urban development that relies on public sewer. The County does not finance public water or sewer services outside this district boundary. This is illustrated generally in Figure 7. Currently, the County is working to remove the discrepancies that exist between the URDL and the boundaries of the Metropolitan District, thus making the special service district boundaries the effective urban service area for the region. Low density residential subdivisions are allowed outside the boundary and there appears to be little conscientious effort to accommodate development needs within the boundary through supply-size zoning. Pinelands, New Jersey Perhaps the most successful TDR approach to urban containment has been the New Jersey Pinelands Commission’s Pineland Development Credit program. These credits are allocated to landowners within environmentally sensitive portions of the Pinelands. Those who wish may sell the credits to developers who own land within the designated “regional growth area.” Once the credits are sold, landowners within the preservation areas agree to non-residential uses only, enforceable by property deed restriction. Developers who purchase the credits may apply them toward the construction of four additional housing units within the regional growth area. A separate Pinelands Development Credit Bank has also been established to provide loan guarantees using the credits as collateral and to monitor the ownership and exchange of credits. To date, over 12,000 acres have been permanently protected via deed restriction under this program. Nonetheless, residential subdivisions at low urban densities can and do occur throughout the area, and urban areas which are “receiving” areas for transferred rights do not appear to be sensitive to meeting projected development needs through supply-side zoning. The Pinelands plan is shown in Figure 8. 14 Figure 7. Baltimore County, Maryland 15 Figure 8. Pinelands, New Jersey 16 To Contain or Not to Contain The next step in our analysis is to evaluate differences that types or flavors of urban containment have between them and with respective to “business-as-usual.” We cannot say conclusively which flavor is “best” because that judgment has to be based on what the plan intends. We can speculate, however, on the relative sensitivity of different flavors on the development industry. Let us begin with the proposition that increasingly business-as-usual is not a long term option to guide future development in an increasing number of metropolitan areas. More, not fewer, metropolitan areas will see some form of containment over the next generation. Not all metropolitan areas will be contained, but the figure could rise to half in the next generation, maybe more. Assuming the choice is not between containment and business-as-usual but between flavors of containment, which is most favorable to the development industry? Perhaps market accommodation with weak containment. Sioux Falls is the model. Local government is proactive in determining when and where infrastructure will be provided, the development community is essentially guided to those locations, and there is a sufficient inventory of land ready for development at any give point in time. The Sioux Falls model also allows for acreage homesites on wells and septic systems outside the urban service limit. As much of the land outside Sioux Falls is not of high agricultural quality and drilling wells is expensive, our impression is that development outside the urban area is not problematic despite being an option for some. What if rural land has important features such as high agricultural quality, scenery, and historical or cultural significance, not to mention contribution to air cleansing and flood control? In this scenario, local sentiment may be to preserve rural lands or open spaces. The choice is then between market accommodation and market restriction both with strong containment. Business-as-usual as an option is increasingly taken off the table under these circumstances. The development community may gulp but prefer the market accommodation with strict containment option as the lesser of two evils. Metro Portland heads the list of examples but it has plenty of company spread across the nation. Is urban containment in your future? Do you have control over your flavor of containment? Which flavor do you like best? 17
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