Progress For New Orleans

The full extent of the disastrous ‘Master Plan’ vote from 2008 is finally coming into focus. The latest poison pill to growth in New Orleans is the ‘Neighborhood Participation Plan’, which was inserted into the authorizing ‘Master Plan’ amendment. This will come as little surprise to anyone who has followed land use and planning issues, as the chief proponent and architect of the dubious notion of a ‘master plan with the force of law’ has been against EVERY new development and any change in this city for decades.

But now we are faced with a so-called “Neighborhood Participation Plan” which threatens to derail any and every new development requiring any sort of variance or zoning change. It adds time and expense and more uncertainty to almost every application to the City Planning Commission.

You can check it out here (this should pop open a PDF)

All of the yellow boxes are new hoops for getting a conditional use through the process if the NPP gets adopted as is.

The draft of the “Neighborhood Participation Plan” includes:

- A “pre-application” process which extends the timeline for consideration indefinitely.

- A requirement that most zoning changes and some basic variances go through their own specific ill-defined “Neighborhood Participation Plan” that the applicant is expected to pay for and administrate.

- A requirement that the applicant must present, as part of their application, once it finally gets out of the ‘pre-application period, all of opposition and concerns to their application.

- Once the  application  is submitted it can be subject to endless public hearing requirements.

- It writes in special treatment for neighborhood associations which, traditionally, have been more opposed to new development and zoning changes than the public at large.

What it excludes is any protections against groups or individuals attempting to extort concessions that don’t touch specifically on the parcel in the application.

This new method of delaying zoning change requests indefinitely  will politicize to an even greater extent an already opaque, convoluted and onerous process. It will lead to needing your neighbor’s permission to use your property as you see fit. It will add an infinite amount of new rings to kiss. Watch for established businesses to manipulate the process to keep out competition.

All of this is against a background of a wholly inadequate zoning code that doesn’t provide flexibility for property owners and makes conditional uses and zoning changes necessary by failing to plan for the obvious notion that narrowly written criteria will exclude the great bulk of what people actually want to do with their property. But it is naturally New Orleans that the rules are put in place so that we can have the privilege of paying to have them relaxed.

So how we fix this, short of doing the smart thing and throwing the whole thing out and starting all over again?

- Remove the pre-application process and requirement.

- If there is a Project Neighborhood Participation Plan to be required, and why would there be, but if there is, it should be paid for and administered by the Planning Commission Office, using the District Planners. And it should be done within the application timetable.

-There should be no increase in fees associated with this Plan, instead it should come from the city’s general fund. It is not the fault of the applicant that the code didn’t take into account their plans.

- If neighborhood associations want special access to the process there should be fees for that special access.

- Remove the provision in the flow chart where an application can be subject to endless public hearings.

We have done enough in New Orleans to empower the endless opposition to growth and development. We are struggling as a city because of it. If we can’t remove this “Neighborhood Participation Plan” at least we can find ways to make it less destructive to the future of New Orleans.

The New Orleans “Master Plan” http://nolamasterplan.com/ was passed by a slim margin of voters to much ballyhoo by its supporters and a good deal of suspicion and skepticism by those of us who questioned the wisdom of giving a plan the force of law prior to any plan being drafted. When proponents trumpeted its ability to ensure “neighborhood input” in stopping development many of us just saw it has a way to empower the perpetual opposition that crops up with EVERY proposal. The bone they threw to people who want much needed development to come to New Orleans is that, for a project that met all the myriad of criteria, it would add more “certainty” to being able to develop.

That was a lie.

We were told it was going to bring a set of rules “unaffected by politics”. What we got was the empowerment of NIMBYs to stop everything anybody wants to build.

The latest case is Tulane’s new proposed stadium. You can read about it here.

The optimism about the new Tulane Stadium meets destructive force of NIMBY empowerment.

The short story is: Tulane wants to build a stadium they can build under the current zoning rules. A dozen NIMBYs get up in arms. They appeal to a councilwoman, who made her ‘bona fides’ as a NIMBY, who is convinced that issues that can be handled simply with municipal code enforcement need to be handled with land use regulation. The councilwoman proposes an “interim Zoning District”(IZD) to throw sand in the works of Tulane developing a stadium despite overwhelming support for the stadium, protesting all the time that she doesn’t want to “impede progress”. Three other pandering councilwomen join in and the IZD passes.

And they use the “master plan”, which they tell us is supposed to add “certainty” to the land use process, to justify it.

What is clear is that the only way the “master plan” will be used is to guarantee the “certainty” that nothing can ever be built without either kissing the rings of self appointed neighborhood poo-bahs or paying off council people to ignore the perpetual opposition to change.

The post “master plan” world is one in which a project that wasn’t envisioned by the people putting together the plan, who made no secret they were under the influence of preservationists and other anti-development groups, will require a year of meetings, hearings and thousands of dollars in fees. But a handful of NIMBYs can stop a project that is ALLOWED by the plan just by whining to a sympathetic pandering councilwoman. A post “master plan” New Orleans is one in which NOTHING ever gets built again unless there is NO ONE who objects.  This is an impossible standard in a city where a debate on an issue between 3 people can bring 5 different opinions.

What we have now is a system where the opposition, the forces of NO, are always given deference and that will lead to a New Orleans where nothing can ever grow again.

We could have used this whole experience to fundamentally remake the city into one that provides opportunity for its citizens and perhaps create a new prosperous city. We could have used this to create a new New Orleans based upon economic opportunity but instead we are continuing to pursue the same methods that have led to our stagnation and decline.

Economic development sections put low wage tourism first and follows it with the dubious concept of the “cultural economy”. The rest of the chapter seems to be focused almost exclusively on the ‘public private” partnership. It almost ignores our place in the global economy and the benefits that has brought us over the course of our existence.

And all of this is premised upon a dubious new theory that contradicts millennia of observation on the growth and prosperity of cities. The planners brought to the table the idea that a diverse and cosmopolitan population will drive economic development instead of what has actually been the case since the dawn of civilization, that economic development will bring a diverse and cosmopolitan population. We didn’t get built on this swamp because our forefathers came for the culture, they were the culture, they came for the economic opportunity and that’s how real, vibrant cities maintain themselves.  We can’t pretend we can pay people to BE the culture, we have to recognize that we have a culture because people got paid doing other, more productive things.

The one thing this master plan desperately needed to do was to sweep away the 70s CZO that zoned our neighborhood businesses out of existence. The empty storefronts that dot our city are the legacy of a previous plan, more suited to Slidell, that painted on zoning with a paint roller rather than recognizing the diverse land-use mosaic that is our streetscape. This plan pays lip service to opening up these locations to encourage the entrepreneurial spirit of the city but it should be boldly declaring that these storefronts can be a force in our economic renaissance.

But of course they are being cautious, lest they upset the forces of NO, that are holding this city back economically because it may, possibly, make their lives the slightest bit less comfortable or not cater exclusively to their needs. Well, we have a whole passel of city ordinances to deal with any disturbances and better we use them than foreswearing commercial uses and leaving our city filled with vacant buildings.

In a city that is going broke, the Planning Commission gave themselves another 14 or so district planners. Instead of eliminating the need to “kiss rings”, the so-called Citizen Participation Plan adds another layer of rings to kiss as they empower the most obstructionist elements of our city to stand in the way of new development or request kickbacks from projects.

We have already seen this play out as a neighborhood association already requested a cut of the operating funds of the ill-conceived “Re-inventing the crescent”. Not only unhappy with getting a park that will further erode New Orleans’ raison d’etre they wanted to be paid. And this is a public project. How many developers looking to bring jobs and sales tax revenue will be similarly held up?

The plan is overly protective of the housing for 650,000 plus people that we don’t need and hostile towards the commercial property that we desperately need for the jobs and the sales tax revenue they produce. It has removed most commercial zoning west of the industrial canal unless it is adjacent to a housing project.

There seems to be notion in this town that we can complain about section 8 housing and property taxes and in the same breath stop the businesses that bring jobs and sales tax revenue as if these two aren’t linked. That we can call for more police and better schools without understanding how more and better employment opportunities help both these situations.

At a time when we are struggling to maintain and grow our population we should be making it EASIER for people to rebuild and businesses to open. But instead of a growth plan, this thing focuses on a preservation plan.  But here is the bottom line, without a robust economy there are no resources to preserve anything and without a prosperous population there is no reason to preserve anything.

Throughout the process there have been calls for “input” but when it comes to the actual plan it seems to stick pretty closely to the desire of special interest groups with their obstructionist agenda. So much so, that the Fairgrounds Racetrack isn’t mapped to be commercial, like it should be, but is mapped for doubles, like we need

yet more housing without jobs.

Additionally, have we told the people of Lakeview that a new massive interstate interchange is coming to their

neighborhood or the people of New Orleans East that we don’t really care if they can get to work downtown or the people of the Treme that Claiborne is probably going to be 8 lanes of traffic at highway speeds, if we keep the destruction of I-10 in the plan. The only thing that works in the plan is the new hospitals, which it gives rather tepid support to.

My wish? Send it back to the City Planning Commission with the notation to make the entire plan advisory only. Take the destruction of the I-10 out of the plan. Open up the “Citizens Participation” Groups to all comers and not just members of unelected neighborhood associations. Short of going back to the drawing board to build a plan that embraces progress and puts economic development first, without the fantasy that either preservation or culture is economic development, a plan that opens up the city for development and redevelopment rather than giving into the forces of NO and their desire to hold the city back. We needed to start with the idea that everything not explicitly forbidden is allowed,

rather than the other way around. We need to find ways to say YES. It is the only way for New Orleans to survive and thrive.  Thank you.

This is just a set, in concise form, of many of the themes, backgrounds, motifs and issues that are going to be central to this forum going forward. I expect that these will change over the course of writing in more detail. And who knows, my mind may change on some of these in the future. But now, just now, these are some of the more important points I’ll be working on with posts here.

- The River. The reason New Orleans is here, the reason our city was built here, and the reason we are still important to the rest of the country is due, primarily, to the river. Forget this and you will suffer for it.

- International Trade. We built a lot of things and grew when trade was central to our life in New Orleans. We began to ignore it and we began our decline.

- Tradition may or may not be a problem. Insularity almost always is.

- Romanticizing New Orleans and thinking that it is so “unique” that it doesn’t need to participate in the U.S. or world economy is one of the most damaging things you can do to the city. The people of New Orleans make it unique and if the people can’t sustain themselves then New Orleans dies as they leave for economic opportunity elsewhere.

- If you think national retail chains and large scale business are somehow incompatible with New Orleans, you haven’t been here long enough.

- Those who complain that they don’t want New Orleans to be like “Houston or Atlanta”  don’t seem to realize 1) Both those cities started out trying to be like New Orleans (in terms of economic primacy) and 2) that a lack of opportunity for our citizens will have them moving to places like Houston or Atlanta.

- Historic preservation is fine in small doses and when completely voluntary. When it becomes compulsory and preservationists become strident it becomes stifling.

- The combination of strident preservationists and an insular ruling class combine to be like a bad jealous lover for the city of New Orleans. They don’t want you to change and they don’t want you to meet anyone new.

- I will struggle to remember that you can get into a lot of trouble speaking in metaphors and similes in New Orleans.

- Neighborhood Organizations can be a double edged sword in a community, providing a method for disseminating crucial information and being a catalyst for positive neighborhood projects but oftentimes being resistant to change, a self appointed cadre of the NIMBY-minded with a reflexive NO towards most new development.

- Basic code enforcement, or rather the lack of it, is impacting economic development.

- In New Orleans, oftentimes, something is restricted so that you can have the privilege of paying to do it or have it done. More regulations generally just mean more opportunity for corruption.

- Almost every new development that has been built in the city in the past 50 years has had a positive impact on the areas around them. In the cases where you think they haven’t you need to perhaps look closer at what is causing the decline.

- Concentrating poverty has failed miserably.

- And to paraphrase Ernie K-Doe. “When you got your money in your pocket, that’s your money.”  That pretty well underscores how important individual economic opportunity is and why we should do the things we need to do to make sure that we build a prosperous city.

So… these are it… mostly, in a couple of bullet points what we will be talking about here.