Does Chapter 42 Build us up or Tear us Down?

As you may have heard, the City of Houston is looking to revise Chapter 42 to extend the “urban” area from the 610 loop to Beltway 8.  Currently the city defines “urban” as the area inside the 610 loop and “suburban” as outside the 610 loop.  This change would allow developers within Beltway 8 (used to be Loop 610) to subdivide lots to build smaller homes. Developers have been able to do this inside Loop 610 since 1999.  Here is a summary of the proposed changes from Houston’s website.

As I have said before, I would only favor this kind of change as long as existing neighborhoods can be exempt (unless they don’t want to be) and as long as new development is done responsibly – only when the existing roads and drainage systems can support the new developments (or if the developer is willing to put in additional funds to make the existing infrastructure able to support the development).

Houston needs to bring in new development often to increase our tax base.  To be clear, I did NOT say that we need to increase our taxes.  We need to increase our tax base (i.e. more people paying in to the system) with more homes and businesses.  As we have seen recently with cities like Detroit, Pittsburg, and Cleveland, when you increase services without increase your tax base, you go bankrupt (very simply put, of course).

There are many blighted apartment complexes and buildings in Houston.  Developers don’t often want to incur the costs to tear down the existing building because it’s not worth their time and money if they can only replace it with X number of houses.  If they are now able to build more houses per lot, we might see more developers willing to take on projects like these.  As long as the infrastructure can support this, I think a lot of people would prefer to look out their window to see many townhomes rather than a building that was falling down, collecting rodents, debris, and crime.

One of the aspects of this proposal that makes me so mad is the city’s response to the Super Neighborhood Alliance’s comments.  In case you aren’t familiar, a super neighborhood is a “geographically designated area where residents, civic organizations, institutions and businesses work together to identify, plan, and set priorities to address the needs and concerns of their community.”  They are the eyes and ears of the community and are a valuable resource for council members.  The Super Neighborhood Alliance is the group that combines all super neighborhoods.

The Alliance submitted comments to Mayor Parker about the proposed changes.  You can read them here.  They have really great points that should be considered; however, the cavalier response by the city makes it seem like they are not even taking their comments into account.  The answer to many of the questions is that Chapter 42 doesn’t address your concerns because it falls “outside the scope of Chapter 42.”  For example, the Alliance wanted to make sure that as these changes were taking place that the city adopts “modern urban street standards, or ‘complete streets,’ designed for all users.”  The answer by the city was that, while “the Administration agrees with the concept of a more walkable street, Chapter 42 is not the correct vehicle.”

Yes, they are correct that this would need to be addressed in a different chapter in the Code of Ordinances, but why can’t they work on everything at once?  Must they really deal with only one chapter at a time?  This is one of the many reasons why there is such a huge disconnect on the city level.  They don’t often see the bigger picture when reviewing a new ordinance.  Years later, they will review this and realize that they should have implemented certain aspects all at once, but it will be too late by then, and they will be forced to grandfather in streets that didn’t comply.

If the proposed changes to Chapter 42 are passed, it will mean big modifications in the city.  Until they can look at the bigger picture and work on all aspects at once, there will always be a disconnect rather than a smooth transition process every time overarching changes like these are passed.

Update:
I just want to clear up any confusion there might be about my stance on Chapter 42.  I only support the change in very unique circumstances where the current infrastructure can support increasing the density (or if a developer is willing to pay to get the infrastructure to where it can support the density).  This probably wouldn’t apply to much of District A at all.  I could see this applying in unique circumstances where there is a large building that needs to be torn down.  If the developer tears it down and builds townhomes that ultimately don’t add a larger concrete footprint than the existing structure, then it becomes a positive for the area.  I support responsible growth in Houston, and we need to make sure that infrastructure can support any new structure, whether it is in 610 or outside of it.  This includes making sure that an additional building doesn’t disperse water to another area because of its footprint.

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7 Responses to Does Chapter 42 Build us up or Tear us Down?

  1. Thank you for a measured look at the proposed revisions to Chapter 42.( Houston’s Urban Plan) As a Board member of SN 17, I appreciate the weight you have given the Super Neighborhood Alliance’s comments. It is approriate that apartment buildings past critical decline be removed to make room for more appealing Townhomes or homes on smaller lots. There will be no effort by developers and builders to do so if there is no return on the investment. Unfortunately there are many apartments outside the beltway that should be torn down and replaced as well. We shall see.

    The Super Neighborhoods will not lose there opportunity to influence projects even if the ordinance is passed as presented. It is good to see that people are concerned and watching out the quality of progress as the city grows.

    Jack O’Connor

  2. Ed Browne says:

    Chapter 42 applies to the entire incorporated City, not just the doughnut between Beltway 8 and Loop 610, and Chapter 42 also affects density in the extraterritorial jurisdiction (see Sec 42-182), an area at least 2.5 times the size of the City. Essentially the City made the incorporated area urban and the ETJ suburban. It is very unlikely that builders will spend money to tear down run-down apartments or strip centers when they have acres of vacant land to develop with less expense. There are a few articles about this on the Residents Against Flooding website: http://drainagecoalition.com/?p=392

    • peckblog says:

      Ed,
      I just want to clear up any confusion there might be about my stance on Chapter 42. I only support the change in very unique circumstances where the current infrastructure can support increasing the density (or if a developer is willing to pay to get the infrastructure to where it can support the density). This probably wouldn’t apply to much of District A at all. I could see this applying in unique circumstances where there is a large building that needs to be torn down. If the developer tears it down and builds townhomes that ultimately don’t add a larger concrete footprint than the existing structure, then it becomes a positive for the area. I support responsible growth in Houston, and we need to make sure that infrastructure can support any new structure, whether it is in 610 or outside of it. This includes making sure that an additional building doesn’t disperse water to another area because of its footprint.

      • Ed Browne says:

        Thanks, Amy. We’ve talked and I’m clear that you understand the risks of Chapter 42.

        A couple of months ago, the City changed the boundary to include all of the incorporated City; i.e., all of the City limits would be in the urban definition. The Chronicle got it wrong in their editorial today, so don’t feel bad.

        The point is if those who are writing editorials and follow things like this do not know the extent of the City’s decision, then it seems a good bet that most citizens don’t know either. Something this big with this big of an impact needs to be a referendum, not a vote in a vacuum,

  3. Have the boundry lines changed to extend Chapter 42 guidance to all the incorporated City? Or does the proposed ordinance have to be passed as it is now presented? Ed…..you appear to have a critical eye on this issue. Do you have an official capacity with the city or just an interested citizen? In any event Amy’s original post and subsequent comments are what is needed to uncover the ramifications of the potential changes as well as enlighten more Houstonians.

    • Ed Browne says:

      Concerned citizen, Jack. Mostly concerned about the infrastructure changes that should be accompanying Chapter 42. We have been promised that they will, but history shows that changes will be insufficient and ponderously slow to deal with the problems.

      Chapter 42 was close to a disaster within Loop 610 (noise, parking, infrastructure, traffic and even issues with the fire trucks not being able to access many of the new developments) and it has taken many years to get meaningful changes. Property values that started quite high have degraded as the issues became apparent.

      The ordinance up for vote this Wednesday is to apply Chapter 42 for the entire City and essentially makes the ETJ the suburbs.

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