Transforming Communities: 4 Keys To A Successful Entitlement

Picture this, you are scouting out different areas for your grand mixed-use community with restaurants, green space, and apartments. You believe you found a great site, but the zoning only allows single family dwellings. There are 3 options you can choose from: 1. Switch gears and develop a single-family community; 2. Abandon the site totally and keep looking; 3. Talk to land entitlement experts (like UDP) and rezone the site to allow for your mixed-use community. My vote is to look at rezoning the site!

What exactly is land entitlement? Land entitlement is the legal process of gaining necessary approvals to develop a piece of property for a specified use. In North Carolina, entitlement efforts commonly involve a zoning map amendment, or rezoning. A rezoning is an amendment to a zoning regulation for the purpose of changing the zoning district that is applied to a specified property or properties (NCGS 160D-102). North Carolina General Statute authorizes two types of rezoning petitions, conventional and conditional. Conventional district petitions modify the base zoning district. If approved, a variety of uses are allowed as permitted uses or uses by-right. Developments must comply with subsequent development regulations found in local ordinance. A conditional district petition modifies the base zoning district, requires a site-specific plan, and authorizes the imposition of conditions that may add or remove development regulations.

The process can look different for each municipality, so it is extremely important to ensure we understand their process. UDP is skilled in successfully managing rezonings throughout the Carolinas. Based on our experience we believe there are 4 keys to a successful entitlement:

1. ZONING KNOWLEDGE/NCGS FAMILIARITY
Land entitlements are important nationwide, however, there are different processes and varied zoning regulations controlled by specific state statutes. Without the proper entitlement/zoning district in place, a property is unbuildable to certain pro forma. E.g. If a client wants to build townhomes on an industrial lot, permits will be denied.

2. RELATIONSHIPS
As human beings we are naturally social. It is important for us to have good working relationships with people within all aspects of the land development industry. These relationships allow for collaboration and innovation on well-known places throughout our communities. For land entitlement, the relationships with staff, local leaders, and appointed/elected boards are crucial, as their support is pivotal to achieving approvals necessary for the proposed development program. These positive relationships also allow for the opportunity to discuss potential projects prior to formal submittals, gauging how they may be received, making modifications as required. Ultimately, elected official support is required, as they hold the key to entitlement approval.

3. COMMUNICATION
Arguably the most important key to success is being able to effectively communicate with clients, staff, local leaders, boards, and the community, which can make or break entitlement efforts. Land entitlement can be a confusing process, so it is our job to guide the client through it. Community engagement is an important part of the rezoning process. Explaining technical components of a project, the rezoning process, and connecting with a community is challenging, but if you’re able to relay information and build trust, communal support is more likely to be received. Which means you’ll need to be able to explain the development and technical side for others to fully understand your goals and, hopefully, support the project.

4. FORESIGHT
Land entitlement is like a game of chess, we’re always thinking two steps ahead. Rather than seeing key stakeholders as opponents, our goal is to anticipate how they will react to a proposal and mitigate concerns before they are received. To successfully navigate this process, it is important to be educated about who is around and will be directly affected by the change. How will the community react? What opposition will you face? It is very important that the conversation be shaped around the positives this project will bring. It is important that the team understand the community and what their needs and wants are for the area.

UDP offers entitlement services for clients across the Charlotte and Raleigh metro areas and has hundreds successful rezonings under our belt. We provide expert opinions on rezoning proposals, utilizing local networks, and reviewing long range plans. UDP assists all types and scales of entitlement efforts whether it be small single-family projects or industrial sites for million square foot buildings. Understanding the legislative process and engaging key stakeholders allows us to be successful in this arena.