Tag Archives: zoning

“Dark stores” arrive on the urban landscape

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The brick and mortar retail establishment has a new member popping up across communities: “dark stores.”

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These ghost storefronts—often called “dark stores”—are warehouses in all but name, yet they look markedly different from the gargantuan spaces where older online grocery companies like FreshDirect store their goods. Traditional warehouses are zoned to regions outside of commercial districts, meaning they will be set apart from areas with lots of walking traffic. Dark stores are located in retail storefronts on main streets, near the heart of busy neighborhoods, but they serve only ecommerce customers. And they’ve gone from a niche phenomenon discussed largely in retail industry circles to a feature of major American cities.

The rise of dark stores directly parallels the acceleration of ecommerce as a whole, especially in the grocery industry. Online sales represented 13 percent of all grocery spending in 2021, a new high, and dark stores are designed to make the delivery process smoother…

Dark stores—sprouting up in former butcher shops, convenience stores, gyms, and mattress retailers—are taking up spaces once designed to be open to the public. That shift from far-flung warehouses to accessible retail storefronts has city planners on edge. Because dark stores sit at the confusing intersection of being technically occupied, but functionally empty, they risk entrenching the worst impacts that vacant real estate can have on a community.

The fear is that dark stores, like vacant storefronts, could puncture a hole in the social landscape of a neighborhood. Vacant storefronts are bad for cities. When there are a lot of them in a tight vicinity, they mean that fewer people will walk down the street, and fewer connections between neighbors will happen. “Having people out on the street increases public safety, because more people see things that are happening,” said Noel Hidalgo, executive director of BetaNYC. “That level of social engagement makes cities safer and makes places safer.” Accordingly, neighborhoods with high numbers of vacant storefronts see increased crime rates, fire risks, and rodent activity.

I wonder how municipalities will respond to this because of the revenues such dark stores might generate. It is one thing if other retailers or businesses want to use these spaces. But, if dark stores are occupying commercial space and generating money through paying property taxes and sales taxes plus adding jobs, will they be as concerned about the social fabric? It can be difficult to fill vacant commercial properties, particularly spaces like grocery stores.

So out of the concerns expressed above, I could imagine cities limiting the number or density of dark stores within different kinds of zoning. Or, what if there was a whole block of dark stores and then none for a decent distance from there? If e-commerce is here to stay and needs to be close to those who order, perhaps warehouse districts need to be spread throughout communities at regular intervals or near transportation hubs.

The arguments for and against banning zoning for only single-family homes

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The single-family home is very important in the United States and this is enshrined in land use policy and zoning. Because of this, there is a move in multiple communities to ban single-family home zoning and this has prompted debate over the change:

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Originally introduced in Berkeley, Calif., in 1916 as a means of preventing a black-owned dance hall from opening, single-family zoning became increasingly popular — though divorced from its explicitly racist origins — as more Amercans moved to sprawling suburban cities across the country. Today, many of the country’s major urban areas reserve 75 percent or more of their residential land exclusively for stand-alone, one-family homes.

Recently, lawmakers in blue states and cities have moved to roll back zoning rules in hopes of spurring more development. Minneapolis became the first major city to ban single-family zoning in 2019. That same year, Oregon passed a similar law statewide. Perhaps the most significant change came in California where the median home price is estimated to exceed $800,000. A new law that eliminates single-family zoning across the entire state went into effect on Jan. 1. None of these reforms make it illegal or even more difficult to build a stand-alone house, they simply remove barriers that prevent any other type of dwelling from being built.

Advocates for eliminating single-family zoning say it’s the most important step toward addressing the housing shortage, since any other programs to spur more development would be moot if there’s no land to legally build on. Supporters say eliminating what they often refer to exclusionary zoning would have wide-ranging benefits beyond just creating more housing stock, including reducing racial segregation and closing the racial wealth gap, boosting job opportunities in urban areas and reducing climate impacts created by suburban sprawl.

Many conservative opponents of these reforms, including former President Donald Trump, have portrayed them as a “war on the suburbs” that would bring big-city problems to quiet communities while doing little to address the underlying causes of the housing shortage. Some argue that financial incentives, not coercive new laws, are the best way to spur development.

A lot of pro-housing advocates also have doubts about how much of an impact zoning reforms on their own will make. They argue that most of the new laws are riddled with exceptions that limit their scope and few also address the long list of other ways that local governments can prevent dense housing from being built — like minimum lot sizes and parking requirements. Some on the left make the case that the only way to increase housing supply at the pace that’s necessary is through strict mandates that require cities to build a certain number of housing units and impose heavy financial penalties on those that don’t.

This would be a hard change to make and capitalize on in many communities. Housing policy in the United States is difficult to change and is rooted in a long history, cultural narratives about success, exclusionary practices, and local governments and other government actors. Yet, even discussion of such a change at least highlights the need in many places to think more about housing and how it could be more accessible to many.

As about any policy possibilities in the United States, I now wonder if what would work best in this situation is for several different kinds of communities across the country to ban single-family zoning and see what happens. What changes in the community? How do residents and newcomers experience it? How does it affect housing values? Does it significantly alter the character of the community? And if there are success stories – which could range from limited noticeable change (that it does not lead to negative outcomes or the end of the suburbs might be good enough) to positive outcomes – then other communities could observe and consider the option.

The importance and consequences of separating single-family homes from other land uses in the United States

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A foundational idea in American life is that single-family homes should be located near other single-family homes and away from other land uses, including denser residential units. While this might sometimes be sidelined to the more areas of planning and zoning, I would argue this is much bigger than just allocating physical space: it interacts with significant social, political, and cultural forces and has sizable effects on daily life. I will first describe how we got here before highlighting two examples I saw this week and then noting several important outcomes.

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From at least the mid-1800s, Americans developed ideas about having separate single-family homes among nature. Scholar John Archer examines the idea of “the cottage in the woods” from its roots in English villa houses and into a rapidly urbanizing American landscape. As cities and then suburbs developed, the single-family home became a hallmark of suburban communities where residents had escaped hectic and dangerous urban life. As zoning developed in the early 1900s, it evolved to protect single-family homes from other nearby land uses that might threaten it. Many American leaders and organizations promoted homeownership. Suburban communities and residential neighborhoods became refuges for whiter and wealthier residents who then worked to keep others out. This all helped contribute to residential pockets separate from other land uses and protected by local zoning and land use policies.

This historical legacy and ongoing reality plays out consistently in certain areas. Two examples I ran across in just the last few days:

  1. Affordable housing in the suburbs. Can denser housing that is cheaper be anywhere near single-family homes? This particular project in the Chicago suburbs drew typical complains from nearby homeowners; noise, traffic, change in character for the neighborhood. The developer came back with changes to try to fit in better with the nearby homes but there are still concerns. This makes sense given the American logic of homes and space but this logic is not organic or inherent to the housing itself; it is created.
  2. Why do apartments have to be located on busier streets in American communities? This may have negative effects on the apartment residents and serves to maintain the distance between denser housing and single-family homes. Again, this makes sense given the established American logic but it is possible – and indeed done elsewhere – that you can have quieter residential streets lined with apartments.

Why does this all matter? This separation of housing serves to continue race/ethnicity and class divides, contributing to residential segregation. This changes social patterns as people in different neighborhoods may be less likely to interact, utilize the same civic (such as schools) and private services, and engage politically. Ultimately, it can both shape and be shaped cleavages in society. Location helps determine life chances and Americans start with the premise that homes should be separate.

Acknowledging that a building proposal from a religious group can lead to a “painful” process

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Religious groups regularly propose changes for land and buildings and I have studied this both in the western suburbs of Chicago and the New York City region. After a City Council vote to approve changes to land owned by the Islamic Center of Naperville (see earlier posts on the unusual amount of attention this drew and approval by the planning and zoning commission), the mayor of Naperville acknowledged that it had been a difficult process:

A large crowd in the city council chamber erupted in applause when the vote was completed. Each council member and Chirico expressed gratitude for the work put in by all parties throughout the process that played out over nine months in the city’s planning and zoning commission with 500 speakers in 15 meetings.

“We all know it was painful,” Chirico said. “There were times where I was entertained. There were times where I was angry. There were times where I was throwing my shoe at the TV. Every emotion it seemed like it went through.”

Even as life will now continue with the different actors involved, acknowledging the difficult process is noteworthy. In my study of such proposals, the religious groups do not always reach the outcome they desire nor do communities and residents always get what they want. Here, describing the process as “painful” could refer to a number of things – the time it took, figuring out the particulars, working with all of the interested parties, etc. – and very involved may have attained exactly what they wanted at the beginning.

It is also worth noting that the same group and site may be up for conversation again in the future. In order to help the proposal succeed, the Islamic Center of Naperville agreed to submit future changes for the building and property for review:

The final step pushing the proposal over the finishing line was a concession by the Islamic Center to submit its third, fourth and fifth phase to additional city council review when the time comes. A group representing the nearby subdivisions of Ashwood Pointe, Pencross Knoll and Tall Grass agreed to accept the proposal with those conditions.

Will the process at that point be less painful? The group has made two proposals and both times has encountered numerous questions from neighbors and community members. Some of the particular actors involved in those two discussions may be gone but the underlying questions may not.

Doctors connecting health and land use policies

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A recent document from the American Medical Association and the Association of American Medical Colleges asks doctors to address health inequities by prioritizing structural conditions. Here is one example involving land use which first asks the conventional question and then highlights a health equity perspective:

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How can we promote healthy behavior?

How can we democratize land use policies through greater public participation to ensure healthy living conditions?

The second perspective highlights a structural perspective in two ways.

  1. Healthy behavior leans more toward an individualistic perspective. A person who has health concerns should adapt their behavior in order to be more healthy. In contrast, healthy living conditions suggests there is a broader context for the individual’s health. Healthy living conditions can help lead to healthier individuals.
  2. With healthy living conditions in mind, the new question highlights two ways that healthy living conditions come about: land use policies and greater public participation. This likely refers to research and experiences certain communities have with decisions made about where to locate land uses – ranging from coal power plants to landfills to manufacturing facilities with toxic output and more – that then affect health. Such decisions involve power, race/ethnicity, and social class as well as decision-making processes.

More broadly, land use in the United States is often determined by zoning and profit-seeking. Zoning often has the goal of protecting single-family homes. Land and location can be turned into money. Health is not a primary concern in all of these decisions even as it can lead to better health outcomes for some compared to others.

h/t Conor Friedersdorf in The Atlantic.

Itasca the second suburb to reject an addiction treatment facility – where might it end up?

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Last night, leaders of the suburb of Itasca unanimously voted against a proposal to convert a hotel to an addiction treatment facility:

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After more than 35 public hearings devoted to the Haymarket project, the decision seemed almost anticlimactic. It took barely 15 minutes for board members to cast their vote. Haymarket President and CEO Dan Lustig said he wasn’t surprised by the board’s verdict.

Only Pruyn and Trustee Ellen Leahy explained their opposition, framing the decision in mostly fiscal terms. Both agreed with opponents that the scale of the proposed treatment center was too much for a town of less than 10,000 people to absorb. “A facility this large belongs at the county seat or affiliated with a hospital where appropriate emergency medical services can be provided,” Leahy said.

However, the same organization already tried to open the facility in the county seat:

From nearly the start, Haymarket faced an uphill battle in its second attempt at offering treatment services within DuPage to help combat the scourge of opioid addiction. The county last year reported 112 opioid overdoses, a record high.

Almost four years ago, Haymarket, a Chicago-based nonprofit provider, was denied a bid to start a 16-bed satellite program in Wheaton.

Neither of these decisions are unusual in that suburbs often prefer land uses that they feel will enhance the single-family home character of the community. Other land uses, whether industrial and commercial properties or religious buildings or less desirable properties, need to be sufficiently far from homeowners.

While such decisions may be common, the larger effect is problematic. What DuPage County community would permit this land use? When there is a need to address opioid use, where could struggling local residents and families turn?

If each suburb follows in a similar logic, this contributes to uneven development patterns. Communities with resources and organized political movements can regularly keep less desirable land uses away from them. Other communities may not be able to do the same thing or feel like they have to take advantage of any opportunity that comes their way.

Where will this treatment facility end up? At this point, any effort to locate in DuPage County may be doomed as local residents have developed multiple successful lines of argument against the facility.

(See earlier posts on this saga including suburban opposition to drug treatment facilities and a march against the facility in Itasca.)

What can happen when residents move to be near a golf course and then the golf course shuts down and becomes overgrown

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The icing on the cake may be the “spite fence” but the broader story is an interesting one to consider: residents want to be near a golf course but then the golf course is no more and becomes a problem.

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The Villages at West Neck was also Foster’s baby. He developed the community of 934 homes for ages 55 and older to complement the golf course. Its serene streets are lined with neatly manicured lawns and ranch houses…

About six months after the golf course closed, in the spring of 2020, W.C. Capital bought it in foreclosure. The company was organized in New Mexico, but it’s unknown who owns it. The sole member is a citizen of Florida, according to Attorney John McIntyre of Norfolk, the company’s registered agent. McIntyre declined to identify the owner.In the beginning, W.C. Capital sporadically mowed the golf course grounds, but it wasn’t as frequent as when the golf course was operating, Luckman said…

Residents rallied to try to save the golf course and formed an advisory committee. They reached out to a local, prominent developer to see if he would consider buying it. They tossed around the idea of the homeowners association stepping up, Luckman said. It would require millions of dollars just to restore it, let alone buy it.

Over the summer, the City of Virginia Beach sued W.C. Capital for not maintaining the golf course property. A bench trial is scheduled for April 2022, according to Deputy City Attorney Christopher Boynton.

In July, W.C. Capital met with Virginia Beach’s planning staff to propose developing senior living apartments on the golf course land. It would require a change in zoning; the land is zoned for preservation. At the urging of the staff, the company has held meetings with residents to garner feedback.

This is a classic issue that residents might face: they move to a neighborhood or community and then that same place changes. Here, a golf course is a sizable feature as it offers green space, relatively undeveloped land, higher property values, and opportunities to play golf for those interested. Filling the space left by a golf course is not necessarily easy for communities.

To some degree, all places change over time. People move in and out, outside conditions change, leaders make decisions. Few places can remain frozen in time.

And regardless of the change, it can be a difficult process for the property in transition and neighbors. The place is changing, developing a new character. Some people will leave in response, some will stay, others will fight the changes.

If indeed the property ends up becoming senior living apartments, in a decade or two the golf course may be a distant memory. The neighbors will move on. The new residents may only hear word of the former land use. The community will go on. But, the memories and experiences of that golf course may still linger among residents and the community even if its physical forms are long gone.

Approving a controversial suburban mosque proposal – with conditions

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Religious groups can face obstacles when they want to use land and/or buildings for religious purposes. The case of one Muslim group and property in Naperville that I have followed in research and on this blog winds closer to the end but approval might come with a number of conditions:

The city’s planning and zoning commission reviewed the plan over the course of 15 hearings and heard from about 500 speakers. On Wednesday, the panel voted 6-1 in favor of the project.

The proposal now heads to the city council for final approval, although that likely won’t happen until November, according to Naperville Director of Communications Linda LaCloche…

The vote came after three hours of closing statements, and after city staff detailed 12 conditions for the ICN to accept. Eleven were accepted by ICN attorney Len Monson and the wording of a 12th was adjusted before being accepted.

Among the conditions agreed to were the ICN’s responsibility for traffic management during the facility’s busiest times, no construction after the second phase of the project until 248th Avenue is expanded, a school pickup plan for the second phase, splitting the cost with the city for a traffic signal at 248th Avenue and Honey Locust Drive, and no outdoor amplification of sound.

Several points of my research may be relevant here:

  1. Compared to other religious groups, Muslim groups do seem to encounter a lot of opposition when they make proposals.
  2. This proposal is also for a property surrounded by residences. My research suggests such a location near single-family homes can lead to more opposition from neighbors.
  3. Conditions or negotiations between communities and religious groups do happen.
  4. The conditions described above sound like they address some of the concerns raised by neighbors (and community members generally in my research): traffic and the residential/single-family home character of the area.

This particular proposal has received a lot of public comment and if it is approved by the City Council, it would be interesting to follow the neighborhood and community relations between Naperville residentsand ICN at this location and in Naperville more broadly

One way suburbs fight affordable housing: concerns about density

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This example of how the conversation about a proposed affordable housing project with 58 units in the Chicago suburbs is illustrative:

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The developers propose to build a three-story building on approximately 2.5 acres at 874-920 N. Quentin Road, on the southwest corner with Poplar Street. All of the apartments — one-, two- and three-bedrooms — would be set aside for tenants whose income is between 30% and 80% of the area’s median income.

Village staff members recommended denying the plan, and the plan commission did the same after a public hearing Tuesday night. The village council will have final say and is expected to discuss the matter Aug. 9.

Plan commissioners praised the developer’s successful record of affordable housing developments, but they didn’t like the plan for the Palatine site, saying it’s too dense. The area consists of single-family homes and townhouses, with an apartment complex further north…

Several residents spoke Tuesday against the plan, saying they are worried about traffic, noise and light pollution, and changing the character of the neighborhood.

The final word will come in a few weeks. In the meantime, this set of arguments is a common one when suburbs consider apartments or even townhomes and condos. A key issue is the density of the project. What this often means is the community prefers to have single-family homes. Denser housing is often thought of as smaller housing or cheaper housing. Here, that is clear in that it is affordable housing where, through a sizable tax credit ($15 million) from an Illinois agency, residents will not need to pay full market rate.

Additionally, people often have concerns about the aesthetics and daily experiences around apartments. Apartment buildings are taller and are bulkier compared to homes on grassy lots. Because of more residents on less land, there will be more traffic on local roads. This particular proposal is close to a busier intersection but it also would be adjacent to single-family homes. It just looks different than single-family homes. If there are too many denser developments, the impression may be that single-family homes are not valued.

In sum, this density and kind of housing is perceived as a threat to the character of single-family home communities. Municipalities will sometimes respond to such proposals by asking the developer to reduce the number of units. Or, they might reject it all together by saying that it is not a good fit. And the search for land for affordable housing continues.

Taking Los Angeles from 10 million planned residents down to nearly 4 million

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Today, Los Angeles has almost 4 million residents. At one point, planners thought it could have 10 million residents. What happened in local government in the 1970s helped lead to this change:

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Come 1970, there was broad support for a portentous shift: Los Angeles would abandon the top-down planning that prevailed during a quarter century of postwar growth in favor of an ostensibly democratized approach. The city was divided into 35 community areas, each represented by a citizen advisory committee that would draw up a plan to guide its future. In theory, this would empower Angelenos from Brentwood to Boyle Heights to Watts.

In practice, it enabled what the Los Angeles land-use expert Greg Morrow calls “the homeowner revolution.” In his doctoral dissertation, he argued that a faction of wealthy, mostly white homeowners seized control of citizen advisory committees, especially on the Westside, to dominate land-use policy across the city. These homeowners contorted zoning rules in their neighborhoods to favor single-family houses, even though hardly more than a third of households in Los Angeles are owner-occupied, while nearly two-thirds are rented. By forming or joining nongovernmental homeowners’ associations that counted land-use rules as their biggest priority, these homeowners managed to wield disproportionate influence. Groups that favored more construction and lower rents, including Republicans in the L.A. Area Chamber of Commerce and Democrats in the Urban League, failed to grasp the stakes.

The Federation of Hillside and Canyon Associations, a coalition of about 50 homeowners’ groups, was one of the most powerful anti-growth forces in California, Morrow’s research showed. It began innocently in the 1950s, when residents living below newly developed hillsides sought stricter rules to prevent landslides. Morrow found little explicit evidence that these groups were motivated by racism, but even if all the members of this coalition had been willing to welcome neighbors of color in ensuing decades, their vehement opposition to the construction of denser housing and apartments served to keep their neighborhoods largely segregated. Many in the coalition had an earnestly held, quasi-romantic belief that a low-density city of single-family homes was the most wholesome, elevating environment and agreed that their preferred way of life was under threat. Conservatives worried that the government would destroy their neighborhoods with public-housing projects. Anti-capitalists railed against profit-driven developers. Environmentalists warned that only zero population growth would stave off mass starvation.

Much like the Reaganites who believed that “starving the beast” with tax cuts would shrink government, the anti-growth coalition embraced the theory that preventing the construction of housing would induce locals to have fewer kids and keep others from moving in. The initial wave of community plans, around 1970, “dramatically rolled back density,” Morrow wrote, “from a planned population of 10 million people down to roughly 4.1 million.” Overnight, the city of Los Angeles planned for a future with 6 million fewer residents. When Angelenos kept having children and outsiders kept moving into the city anyway, the housing deficit exploded and rents began their stratospheric rise.

Americans tend to like local government. And this is one reason why: local citizens get involved and they are able to advocate for what they want.

Whether these local decisions are good for the broader community, city, or region is less clear. On one hand, these homeowners groups wanted their neighborhoods to be a particular way. They purchased a home in a certain setting for a reason. They tried to protect this way of life. (Even a freezing a neighborhood or community in time is difficult.) On the other hand, this had consequences for many others. These are neighborhoods within a larger city. Housing decisions contribute to residential segregation. Decisions about density reduce housing options.

The residents of these specific neighborhoods might have won but at what cost?