Tag Archives: parking

Of food trucks and lawbreaking

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It’s no secret that the U.S. economy continues to struggle, particularly on the jobs front.  It’s not surprising, therefore, that lots of people are getting in touch with their inner entrepreneur and are seeking employment via their own small businesses.  Food trucks, although looked down on by some, clearly are a part of this self-starter trend, particularly in certain urban areas like Portland and New York.

Which is why I found a recent NPR Planet Money podcast on food trucks in NYC so interesting. From the transcript:

[T]he city sets lots of rules about where food trucks are not allowed — then lets the truck owners duke it out over the scraps.

You have to be 20 feet away from subway stations and building entrances. Two hundred feet from schools (call it the ice-cream truck provision). And the NYPD just started giving out tickets for selling food from metered parking spots.

“Following all the regulatory constraints that are currently enforced at this moment, there really is not any place for a food truck to park,” says David Weber [author of the Food Truck Handbook].

In other words, NYC on one hand licenses an activity (vending from food trucks) and on the other hand makes this activity illegal (through parking regulations that provide literally no legal spots from which to vend).  Of course, what this really means is (1) that food trucks continue to operate but (2) that they do so in technical violation of the law and subject to the whims of law enforcement’s discretion.

As a lawyer, this infuriates me.  It undermines the rule of law in a number of ways:

  • It tells citizens that one has to break the law simply in order to run a business.
  • It implies that there are two classes of law (laws one must obey and laws one need not) without providing a clear principle on which is which.
  • It institutionalizes an incentive for corruption and discrimination since every food truck operator is now a technical lawbreaker subject to law enforcement’s “discretion” (and thus harassment, solicitation for bribes, etc.).

To be clear:  I do not know whether any corruption or discrimination is taking place, and I am not accusing anyone of anything.  (Indeed, I have no direct knowledge of the situation on the ground and do not live in NYC.)  Taking David’s assertion at face value, however, it is clear that such facts would incentivize corruption and discrimination at the institutional level.

Ruminating on the American parking lot

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Here is part of a review of a new book that discusses better ways to design large-scale parking lots:

Mr. Ben-Joseph does offer some parking-lot success stories, few that there are. He introduces us to the Herman Miller factory in Cherokee County, Ga., whose segmented, 550-car lot is sympathetically integrated into the surrounding woodscape. He also approvingly notes the canopied car plaza in front of the Dia:Beacon Museum in Beacon, N.Y. (a collaboration between American artist Robert Irwin and the architecture firm OpenOffice), where the angled planters separating the parking spaces point the way to the museum entrance. Renzo Piano, redesigning the old Fiat Lingotto factory in Turin, Italy, took a similar approach, creating dense and splendid colonnades of trees…

Mr. Ben-Joseph is also guilty of sociological overreach. “Parking lots are a central part of our social and cultural life,” he writes, calling them “a modern-day common.” Wait, what? They are? Yes, teenagers gather in parking lots for one rite of adolescence or another: fighting, racing, dancing. True, community farmers markets spring up over the weekend in business and municipal parking lots; tailgating is a ritualized feasting before sporting events; RV drivers form impromptu villages in Wal-Mart parking lots, a practice known as “boondocking.”

But these interactions happen despite the forbidding nature of open parking lots, not because of them. I find parking lots to be intensely anti-social. I do not engage with strangers on my way to or from the car, and because these tracts are typically shelterless, there is no architectural cue as to where to congregate even if you wanted to. One can’t let go of a child’s hand in a parking lot for even a second. If you’re in a car, a parking lot is an obstacle course to negotiate. If you’re on foot, it’s a place to escape unscathed.

Surface parking lots don’t have to be the minimalist slabs of nowhere-ness we’ve grown accustomed to, Mr. Ben-Joseph suggests. Maybe. And yet there are few signs that this aspect of our infrastructure will get much better anytime soon. For now, I was glad to reach my car and drive away.

I think you could make a case that parking lots really do matter beyond what kind of social activity takes place in them. Thinking more broadly, parking lots represent the American love affair with the car and development based around driving. The zoning laws about the required number of parking spots suggest that one of the worst things we can imagine in everyday life is the lack of an easily available parking space. Shopping malls and big box stores and fast food restaurants are dependent on these giant lots. In cities, parking lots are often profitable holding operations until the land is profitable enough to justify a large development. Overall, the big parking lot is emblematic of a whole lifestyle built around cars and trucks that took over America starting in the 1920s.

Argument in Ottawa, Canada for parking as a human right

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Here is an overview of an argument made in Ottawa, Canada for the human right for a parking spot:

In a novel case before the Human Rights Tribunal of Ontario in Ottawa Monday, Ms. Howson argued that the city discriminated against her on the grounds of family status by not letting her build a parking pad in front of her house.

But city lawyers argued that Ms. Howson has never applied for a minor variance from the city’s committee of adjustment — the body legally able to consider her request — so she actually has never been denied anything…

Ms. Howson shares with a neighbour a narrow driveway that varies in width from 2.6 to 2.78 metres. It’s technically possible for her car — a 2.25-metre-wide Mazda 5 — to squeeze through the laneway.

But such manoeuvring is difficult at the best of times and impossible in winter because of snow and ice buildup, she said.

Under the current zoning, front-yard parking isn’t permitted on her street, which is in a heritage preservation district.

However, exceptions can be granted under certain circumstances.

Two years ago, Ms. Howson — a former investigator with the Ontario Human Rights Commission — approached the city to see if it would grant an exemption based of her family’s “special circumstances.”

The city’s refusal “constitutes discrimination on the grounds of family status,” she said.

While some might dismiss this quickly because it is a trivial application of the idea of human rights, this does seem like a bigger issue of zoning and who can grant exceptions. This woman may not win by casting this as a human rights issue but her argument does highlight how zoning and preservation districts can conflict with modern wants. Zoning may be an helpful tool for governments on a broad scale, but it also can lead to a large number of requests for variances and changes for specific properties and political accusations about who gets awarded variances and how long the process takes.

Also, this is a reminder of how important the car is in today’s society. In order to get around in many communities, a car is required and one needs a place to park a car. How much one should have to be inconvenienced or have to pay to park their car is another story but it does have to be factored into discussions about having and promoting an automobile society.

Designer parking garages in Miami

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Parking garages tend not to have good reputations as they are often functional blocks of concrete that are measured by how many cars they can fit. But, Miami apparently has a number of “designer” garages including a proposed parking elevator for a new high-rise:

The $560 million Jetsonesque tower will rise in Sunny Isles Beach as part of a collaboration between Germany-based Porsche Design Group and a local developer, Gil Dezer. It likely will be the world’s first condominium complex with elevators that will take residents directly to their units while they are sitting in their cars…

Here is how it will work: After the resident pulls over and switches off the engine, a robotic arm that works much like an automatic plank will scoop up the car and put it into the elevator. Once at the desired floor, the same robotic arm will park the car, leaving the resident nearly in front of his front door. Voila, home!

The glass elevators will give residents and their guests unparalleled views of the city or of the ocean during their high-speed ride, expected to last 45 to 90 seconds…

The car elevators are the latest twist on Miami Beach’s burgeoning passion for designer parking garages. The highly acclaimed 1111 Lincoln Road designed by Swiss architects Herzog & de Meuron opened in 2009; also planned are garages by London architect Zaha Hadid, Mexico’s Enrique Norten and Miami’s own Arquitechonica.

Being able to live in a luxury condo that is greatly enhanced by parking right outside of your door sounds like a uniquely American prize. This is another reminder how American culture is dominated by the automobile.

At the same time, this could also be seen as an architectural or design issue: how can one successfully design parking garages so they are aesthetically pleasing? While these garages in Miami might be for more luxurious residences, there are other options. One option that seems to be growing in popularity is underground garages. While this is great in dense urban spaces where valuable land can’t be wasted on a separate parking structure, it can also be found in denser suburban developments where the goal is to allow condo or townhome owners to park directly below their units and to keep the garage out of sight. After all, large houses with prominent garages may be called “snout houses” in reference to the overarching emphasis on where the garage is going to be parked.

This reminds me of one of the parking decks in Naperville. The Van Buren structure features a stained glass window memorializing the “Cars of the Century.” Also, Wheaton has done a nice job of hiding their downtown garage behind more traditional looking structures.

Emanuel floats $2 congestion tax, parking lots fight back

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Chicago’s Mayor Emanuel this week floated the idea of imposing a $2 congestion fee for commuter parking and parking lot operators are not happy:

Parking industry executives said the mayor’s strategy, which City Hall officials said is intended to reduce traffic gridlock in the central business district and River North and encourage increased public transit ridership and investment, fails to address congestion issues across the Chicago region. They said Emanuel’s plan would create more problems than it would solve.

“We think highlighting parking taxes as a fix to a regional problem is missing the point,” said Marshall Peck, chief executive officer of InterPark, a major owner-operator of parking properties downtown. “The congestion of Chicago is primarily on the highways. Once you get off the highways in the morning, traffic is really not problematic.”

Many commuters and numerous traffic studies, however, would challenge the suggestion that downtown traffic flows well.

InterPark and other members of the Parking Industry Labor Management Committee have posted placards in their facilities showing the current taxes and how the top tax would increase 67 percent, from $3 to $5, under Emanuel’s plan. The companies are also distributing fliers to their customers encouraging city residents to tell their aldermen to vote against the proposed new fee.

There are some interesting ideas floating around here:

1. While a number of cities have looked into congestion taxes, they are still not widespread. In an American context, I presume this is due to their unpopularity.

2. This is just one possible idea among many others the City of Chicago is looking at in order to increase revenue.

3. Having parking lot operators suggest we need more regional solutions to traffic is laughable. The whole system as it is currently set up in most American regions privileges automobile traffic. So they want more people not to drive, potentially reducing their business? Additionally, many regions, such as Chicago, don’t really have metropolitan bodies that can enforce metropolitan solutions to congestion. To solve the problem in the Chicago region, the RTA, CTA, Metra, City of Chicago, State of Illinois, and dozens of municipalities would have to be involved and agreeable.

4. A number of people have argued that parking is way too cheap and this encourages driving. Congestion taxes then do two things: (1) raise revenue (2) reduce traffic by discouraging driving.

5. The parking industry is an interesting one as the long-term prospects for many surface lots is to make money while the company waits for a company to come along and make an expensive offer for the land.

6. Just how much are motorists willing to support the parking lot operators? Would companies and businesspeople really leave the city over a $2 charge?

An intriguing question: just how many parking spots are in the United States?

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The Infrastructurist reports on a new academic study that considers the full environmental impact of parking. But in order to provide an answer to this query, the researchers had to first consider another question: just how many parking spots are there in the United States?

Turns out that’s no easy task; in fact, according to the authors, no such “nationwide inventory” has ever been done. “It’s kind of like dark matter in the universe,” Donald Shoup, the so-called “prophet of parking” (and not part of the study), told Inside Science. “We know it’s there, but we don’t have any idea how much there is.” When the Berkeley researchers crunched the numbers, they came up with five scenarios of available U.S. parking that ranged from 105 million spots to 2 billion. Give or take, I guess.

The most likely estimate points to roughly 800 million spaces across the country, and the construction and maintenance of those spaces do, in fact, take a large cumulative toll on the environment. When parking spots are taken into account, an average car’s per-mile carbon emissions go up as much as 10 percent, the authors conclude. They also report that, over the course of a car’s lifetime, emissions of sulfur dioxide and soot rise 24 percent and 89 percent, respectively, once parking is properly considered.

Those are just part of a broad “suite of impacts” that includes previously studied costs like the “heat island effect” — the term for when dark pavement raises the temperature of a city, leading to additional energy demands for cooling. And atmospheric costs are only part of the suite. According to the paper’s lead author, Mikhail Chester, there may be a larger infrastructure for parking than for roadways. If that’s the case, there would seem to be another great cost to all this parking: the relative cost of useful space.

I like the comments from “the prophet of parking.” While there are not probably too many people in the world who would want to know the exact figure of parking spots in the United States, it is important to know this fact in order to understand the larger impact of parking.

Parking itself is an interesting phenomenon. In a culture that loves automobiles, parking spots are essential features are many places. There is much evidence that if Americans can’t find a relatively cheap parking spot, they are likely to go elsewhere. Some of the allure of the shopping mall, with the first ones constructed in the mid 1900s, was that the consumer had a vast area of free parking as opposed to the crowded streets of downtowns. Homes have to have their own form of parking spaces, to the point of many homes from recent decades leading with their garages (and earning the nickname “snout houses” for how this garage protrudes toward the street).

But of course, as this study points out, parking spots come at a cost.

A related question that I would be interested in knowing the answer to: how many parking spots are occupied at different times of the day? How many parking spots in America are constructed for the 8-5 work hours and then sit empty the rest of the day?

How suburbs dealt with parking meters and related issues

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The Infrastructurist has a discussion of whether parking prices in the city should be raised in order to encourage less driving and therefore, less congestion.

While this may be an interesting argument, my research into several suburbs showed that they solved this problem without much argument back in the 1950s and 1960s. As suburban downtowns faced more competition from strip malls and large shopping centers, downtown business owners argued that city-owned parking meters were driving away customers. Why would a person go to the trouble of shopping in a suburban downtown when free parking was plentiful at shopping centers? Within a few years, these suburbs removed their parking meters in an effort to improve local business.The possible business gains far outweighed the possibility of some municipal revenues from the parking meters.

When I first encountered these debates, they seemed a bit strange – were people really avoiding suburban downtowns just because of some small parking fee? Even if downtown parking were free, it seems that suburban residents would (and did) tend to choose shopping centers anyway, for reasons that outweighed parking concerns. (Of course, there is a lot of complaining about finding close shopping spaces at the mall – but, at least those spots are free. However, one could make an argument that they are not free as the parking costs get passed along through the business rents and leases and to higher prices for consumers.)

I left reading about these debates thinking that the parking meters were a last straw that suburban downtowns tried desperately to grab at to attract shoppers. Ultimately, many suburban communities were unsuccessful and the parking meters played a limited role.