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Kentucky Smart Growth Task Force – Best Practices Conference

By Theresa Fritz Camoriano

 

On October 10, 2001, there was a conference at the University of Louisville on the best practices for “smart growth”.  The meeting was opened by Crit Luallen, Secretary of the Governor’s Executive Cabinet, who is spearheading the “smart growth” movement in Kentucky.  Crit Luallen said that the state needs to be concerned about “quality of life” issues in order to attract “knowledge workers”.

 

The first speaker was Joel Hirschhorn, with the National Governors’ Association.  Mr. Hirschhorn said that anyone who disagreed with him and said that the goals of “smart growth” were to take away property rights or restrict people’s options was lying.  He said the goal of “smart growth” was to protect quality of life and future economic development.  It is “intelligent control over growth”, not “haphazard growth”.  Mr. Hirschhorn said that “sprawl” is “not consistent with American values” and is "unsustainable", and it is destroying “true communities”, where neighbors care about one another.  He said urban growth boundaries do not work to prevent “sprawl”.  He said “smart growth” is not about limiting choices but rather is about increasing choices.  He believes that many people want to live in the high density mixed use neighborhoods the planners favor and said the problem is a lack of supply, not a lack of demand.  His explanation for why developers did not build the kinds of developments he believes people want was that existing zoning laws make it impossible to build these kinds of arrangements, and current policies “subsidize” the building of roads and sewers that promote “sprawl”.  (This talk of subsidizing sprawl was frequently heard during the conference, but studies show that “sprawl” pays for itself, while dense housing ends up being subsidized because it does not create a large enough tax base to pay for the increased education spending it generates.)   When asked whether we would not have more freedom of choice if zoning were removed altogether, he said, “Oh, you would not be very happy with the way things would be if there were no zoning.” 

 

Hirschhorn wants citizens to participate in “visual preference surveys”, apparently like the survey that was provided at the earlier task force public meetings, to make citizens believe they are in control of land use planning.  He favors public transit over the use of private cars.  He said “smart growth” is not a matter of spending money but rather a more efficient spending of tax money.  Instead of wasting tax money to build roads and sewers to expand growth and promote “sprawl”, money would be kept in the already-developed parts of cities.  He was particularly gleeful to note that a foundation that had previously put its resources into attacking the tobacco industry was now turning its sights toward attacking the automobile.  He said we should expect a real public relations campaign to educate us that automobiles are spoiling our air and making us fat and unhealthy.  (Of course, automobiles have given us more freedom of choice in our life styles than probably any other technology in our history.  It makes one wonder whether he really favors more choices and options when he so gleefully attacks the one technology that provides such choice.)

 

Frank Moretti, from Washington, D.C., the Director of Research, Road Information Program, of the Building Better Communities Alliance, was the next speaker.  It is not clear how he slipped into this conference, and he certainly was not well-received by the “powers that be”.  He said that 5 out of 6 people prefer to live in suburbs, where the housing is cheaper, and there is more room and less crime.  He said “sprawl” happens because it is what people want, and the role of the transportation department should be to provide the roads that people want and need, not to restrict growth.  He said suburban growth is not the cause of the decline of cities.  He pointed out that urban growth restrictions cause housing costs to increase, lowering the standard of living, and devastating the black community.  He pointed out that Arizona and Colorado had proposals for “smart growth” with severe restrictions, which were voted down 70%-30%, and they were even opposed by Habitat for Humanity, which recognized that the proposed restrictions would make it very difficult for them to build affordable housing in the city.

 

Mr. Moretti said there are things that can be done to make better use of the roads we already have.  We should take steps to reduce trips during peak hours and expand arterial roads and highways.  We need flexibility, getting away from restrictive zoning.  People should have the freedom to choose how to live and travel, and transportation should support the choices people make, not control and limit those choices.  He said we should recognize that, no matter what planners do, most growth will be outside of urban areas.  We need the flexibility to design what homeowners want.  Despite the pronouncements by the planners that suburbs are not friendly communities, he noted that it is residents who create communities, not planners.  (This talk was most refreshing and certainly the only bright spot for anyone who believes in respecting property rights.)

 

The next speaker was Jeff Speck, a partner of the Duany architectural firm, which builds the idyllic communities over which all the planners swoon.  These communities pack people into dense housing with shared green spaces.  There are shops and businesses mixed in with the housing, and there are sidewalks, so people can walk to parks and shops.  Mr. Speck displayed all the arrogance of a true “planner”.  He said Mr. Moretti’s talk was full of lies, and no matter how many roads and highways are built, we will never reduce congestion until we make the cities so ugly that nobody wants to go there.  (He did not seem to notice that when “sprawl” is allowed to occur naturally, many smaller hubs develop, and people can work, go to school, and do their living entirely outside of the main city, thereby reducing congestion.)  He said that there will not be sprawl if cities and states refuse to build the roads that permit sprawl to occur, and he understood that the department of transportation of Kentucky was “on board” with that idea.  In other words, the idea is to limit road construction and push people into high density housing and public transportation.

 

Mr. Speck waxed poetic about European cities, where the city owns the land surrounding the city, makes decisions about the development of the land, and then sells it and reaps the profits that are to be made from its decisions as opposed to leaving the land in the hands of private owners and allowing the owners to control it themselves. 

 

Mr. Speck’s Duany group is currently building an 800-acre development in the Louisville area called “Norton Commons”, which will use these high density design techniques and give Kentuckians the choice of living in this type of a development.  We will then see whether Kentucky consumers really want this type of life style.  If so, presumably other developers will build similar types of developments.  If not, we can expect that Duany’s group will continue to push for more government controls that will force people into making this type of “choice”.

 

Peter Meyer, a professor at U of L, spoke briefly about “brownfields”, which are contaminated sites within the urban area.  He said that, unless we restrict “sprawl” and prevent people from moving out of the city, there will be no way to force anyone to reclaim and reuse these contaminated sites.  These sites are sources of crime and decay in a city and must be dealt with.

 

The luncheon speaker was David Rusk, former mayor of Albuquerque, NM and current planning consultant.  If Mr. Hirschhorn had been a smooth-talker, trying to slip new government controls and regulations past the people while all the while talking about freedom of choice, Mr. Rusk was the sledgehammer, explaining what should happen once the regulations were in place.  He began by giving a whole new interpretation to the 10th Amendment to the U.S. Constitution.  According to Mr. Rusk, any power that is not expressly granted to the federal government is retained by the states (nothing about the "or the people" part of the amendment).  In other words, in his world, any aspect of your life that is not under federal control is under state control.  He said that gentle urgings and reducing restrictions would not get us where we want to go with respect to land use planning, social programs, education, and so forth.  His approach was simply to use government to force people to live in the manner he thinks is best. 

 

Mr. Rusk wants people of different races and different economic groups to be forcibly mixed together by land use restrictions.  First, you prevent building beyond a certain urban boundary, so you have city on one side, an abrupt end of building at the border, and farms on the other side of the street.  Then, you demand that builders put “affordable” housing into their developments, mixing housing of different values, and you demand that the city be able to buy a percentage of the affordable housing to be used to disperse welfare families out among the wealthier families.  He had nothing but disdain for Mr. Moretti’s comments about how land use restrictions create hardships for the poor and minorities.  He said that “sprawl” was just part of “white flight”, but now we would use government to end “sprawl” and force people of different races and different economic levels to live together in harmony.  He bemoaned the end of busing for desegregation and said that poor children need to be among wealthier children in order to become well-educated.  (Of course, there are many examples of private programs in which economically poor children have become well-educated, but it is certainly true that government schools have become a nightmare for them.)

 

Mr. Rusk said that states like Maryland had adopted policies under which communities would refuse to build roads or sewers outside of urban growth boundaries.  The idea was to use the financial levers of the government to prevent growth outside of those boundaries.  The counties would tell prospective developers that they could build outside of those boundaries but they would have to pay for their own roads and sewers so they would not be “subsidized” by the taxpayers.  (This really means that they would have to pay twice for many services, once through taxes for which they would not receive benefits and then again by paying outright for the services.)  He thought that was a good idea, but he was then appalled when developers agreed to pay those costs and went ahead and built outside the boundaries anyway.  Obviously, even tying up the money, so that suburbanites do not receive in benefits anywhere near what they pay in taxes, will not be sufficient to prevent “sprawl” or to satisfy the planners.  Greater levels of force will have to be used, according to Mr. Rusk.

    

I must confess that this was about all I could take, so I cannot report on the last two speakers.

 

Summary:

 

1.          Kentucky’s Governor Patton and right-hand woman Crit Luallen want a large shift in power from property owners to government throughout the state.  This is to be accomplished in a strategic, stepwise manner, to avoid creating the kind of opposition that occurred in Colorado.  Most of the talk will be about "quality of life" and the need for "planning", but there will be no discussion of specifics until the power has shifted.  The first step will be to create regional planning authorities, with the state providing economic incentives and penalties to ensure that these regional planning authorities are created and that the counties are “on board”.  This will be called “voluntary”.  Mr. Rusk made it plain that towns cannot be trusted to handle their own planning, because they might act in a “self-serving manner” and actually allow development to occur.

 

2.      The Department of Transportation will be encouraged to restrict the building of roads that might promote “sprawl”.  Public transit, such as expensive, wasteful, light rail systems that few people ever use, will be encouraged.  This will result in greater traffic congestion, which generally causes greater flight out of the urban area (i.e. greater “sprawl”).  However, even if those in power know that the results will be a deterioration of "livability", they don't really care, because what they really care about is having more power.

 

3.      Once the regional planning districts have been created and the planners are on the state payroll, feeding at the public trough, they will then have plenty of time to figure out how to grab more power, by pushing through zoning and other land use restrictions.  They will also budget tax money to be used to buy “development rights” in order to preserve farmland and other green spaces.  It will only be coincidental that the recipients of all that money and the people who will have the freedom to develop their land will be friends of those in power, while those who are not friends will find their land lying outside of the development boundaries.  In other words, the politically powerful will receive large windfalls, while the politically weak can expect to suffer great losses in property values.  How this helps Kentucky as a whole is very questionable, but it will certainly make those in power happy.

 

4.        Anyone who believes that property owners should control their own property as long as they are not creating a nuisance for their neighbors should strongly oppose this large power shift.

 

5.      Crit Luallen obviously hopes that promoting "planning" and “smart growth” will win her lots of votes when she runs for governor.  We hope she will have an opponent who will promote "respectful growth".