Meeting with the Planning Department to Discuss Major Rezoning

I live in a secondary city and a lot of infill neighborhoods are seeing tremendous growth.

I’ve seen developers rezone sites that were originally 60ft MAX, and their variance was able to grant them the right to build 195 ft or 19 stories rather; extremly rare cases but I want to illustrate my concerns below:

I have identified some high profile sites that are off-market and contacted some brokers about the whisper prices and not to my amazement the sellers tend to be incredibly unrealistic considering their site's in- place zoning. Since the only way to pencil these sites would be to get a rezone of some sort allowing for more density - I want to meet with the planning department to discuss the probability of getting one of these sites rezoned.

Now from my understanding before a developer pursues site control he’ll make a trip to the planning department to get their idea on the chances of a rezone; correct me if I’m wrong. They might say "ya you have a chance considering this aligns with other prevailing uses in this neighborhood and your hypothetical project doesn’t cause undue burden" (whatever lol you get the gist) the developer might say to himself "ya okay I have a shot at getting this rezoned let me gain site control and put tons of money at risk while I apply for a rezone because I just justified it by getting a half ass measly opinion?"

I find it hard to believe the planning department said ya Mr. Developer you got a chance to rezone this 60 ft to 195 ft and then a developer turning around being like ya that opinion held some weight. Can someone clarify the process when having initial discussions with the planning department and what to expect if you wanted to pursue a major rezone?

 
Most Helpful

The bigger question to ask is what the neighbor and city councilman sentiments around growth and development in the neighborhood. Since you will be going through rezoning, you will have to answer to the neighbors, and go through the ringers. If your city and community is still pro growth and development at this point in the cycle and your city council rep seems to be on board with the project, then it may be worth the risk.

City planning will only help you confirm that the proposed use conforms with master/neighborhood plans for the area. They have no say in how the neighborhood or the council rep will react to the project, and they are the ultimate gatekeeper.

Additionally, be prepared to give major concessions to win over the neighbors (I.E. additional affordable housing requirements, unforseen setbacks, design review, facade cost increases, bottom floor retail (even if the market doesn't demand it), community centers, etc).

Rezones are a risky political endeavor as well, as it exposes you and your business to public scrutiny and the dirty political tricks your NIMBY opponents will pull. The fear of change and uncertainty is a natural human reaction that you will have to overcome. Having project renderings and conceptuals while doing the presentation will go a long way in assuaging the uncertainty and negative rhetoric about "skyscrapers destroying our charming community".

Most people in the world have absolutely no vision, and so it is up to you to literally show them the opportunity and how it will benefit them. Learn to bite your tongue at the immensely stupid questions and comments that will be asked during the innumerable public meetings you will attend, and consider hiring a rezoning specialist to help buffer communications during the more contentious parts of the process.

It's a far more difficult and nuanced process than simply meeting with the planning department once for an informal conversation. There is major risk and up front costs associated with this type of strategy, but can pay off immensely if successful.

 

All of what you said was very helpful. Are there any ways to alleviate some of the risk before site control besides going to the planning department and getting that initial okay from the planning director that your site conforms? Have you ever heard of developers meeting with neighborhood folks before site control? Also how do you find out who the council rep is? That information publicly available?

 

Preemptively meeting with the neighbors is a great strategy, and a great way to get out ahead without putting in much more than your time. It helps build an alliance and allows you to get out ahead of projects. Try and find out who the neighborhood leaders are, and get in touch with them to see what they are looking for in a new development.

Just google who the councilman is for your district

 

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