In principle, the planning process defines limits on development to establish an orderly a pattern guided by some generally accepted standards. While similar in most places, every jurisdiction establishes standards for their community. People are generally in favor of this process, that is, until it’s their plans that are impacted.
Some regulations are general, establishing areas for uses that are complimentary or areas of higher or lower density. Others are specific to individual property, establishing parking, setbacks and building height. Some regulations make a lot of sense, others seem arbitrary or sometimes discriminatory and exclusionary.
Ideally, the rules are clear and predictable and there is a process to resolve disagreements in a timely manner. This is the theory but the practice often falls far short of this standard.
Many professionals hate having to deal with planning approvals. The process is frustrating, unpredictable and hard to deal with. There doesn’t seem to be a straight line solution. It involves the opinion and personalities of many people from planning staff, commissioners and council members, to neighbors and sometimes a seemingly endless cast of community members and organizations. And worst of all, no matter how hard you work, sometimes you simply don’t succeed. No professional likes that.
Understand the risk involved in a project that requires significant planning approvals
At the very earliest stage of a project, your team must understand both the general and specific regulations and restrictions that your property is subject to. For any property, one could design a project that will be easily approved, or one that is difficult, if not impossible, to get approved and could take literally years and a lot of money, with no guarantee of success. A successful project is created in the intersection of the needs of a project sponsor and what is practically possble on a site.
Do all architects, the eternal optimists, always give their clients a realistic sense of the challenge? Do they always understand it themselves? Your team should advise you of the entitlement risk. That involves not only a close reading of zoning and planning regulations but an understanding of local politics, personalities and public sentiment. That isn’t to say that one should never attempt a challenging project, just begin with a sober evaluation of risks, delay and costs and a defined alternate plan and exit strategy.
It’s not unreasonable to ask, what would a project look like that meets every element of the code. One might think that would result in no discretionary review and no public hearing. Every requirement is met. As it turns out, while possible, that’s not necessaruly true. Discretionary review may still be required. However meeting all the requirements puts you in the best shape to prevail and does increase the chance of minimizing the chance of environmental review.
There’s some Macgyver like science to it, but success is really an art form. As an architect and project manager, I was good at it and enjoyed the challenge. When you’re faced with a project with challenging planning issues, that’s the kind of advisor you want.
See the post: A Sponsors Guide to the Planning Process, a description of how Environmental and Planning approval works, what issues are addressed, the actors in the agencies and hos the process proceeds. This is what you will be in store for.
See the post: Never Underestimate the Power of Church Cookies for other actionable advice for project sponsors