Navigating the land use entitlement process can be an intimidating experience due to its complexity, potential for project delays and uncertainty of outcome. Sometimes property owners and novice developers ignore the importance of, or are unprepared for, the land use regulatory process. Delivering a successful project requires preparation, strong communication skills and a proactive approach. If you’ve planned properly and are ready for the journey, you can deliver a project on schedule and within budget. Here are some helpful tips I’ve learned over the years for navigating the Municipality of Anchorage (MOA) land use entitlement process.
1. Thoroughly research and understand Anchorage Municipal Code, Title 21.
Before even considering a project, delve into Anchorage’s zoning regulations, Title 21. Title 21 encompasses the rules and restrictions that govern how land can be used, developed and built upon. It dictates the activities permitted in each zoning district and establishes dimensional standards like minimum lot size, maximum building height and building setbacks from property lines.
Title 21 a comprehensive document with 15 chapters; however, for many development projects, your efforts are most likely within three primary chapters: 5, 6 and 7. From a zoning perspective, they are the building blocks of development.
Chapter 5: Use Regulations
Table 21.05-1 lists the uses allowed within all base zoning districts and the special entitlement process (if any) for property in the Anchorage Bowl except for the Downtown (DT) Districts. Understanding the underlying zoning of your property and the entitlement process is key to any successful development project. Is your project permitted on that property? Is it permitted by-right (without special entitlement), or does it require site plan review or a conditional use permit (with special entitlement)? I recommend starting your research with a review of Chapter 5, Table 21.05-1. It will establish the necessary next steps to permitting your project.
Chapter 6: Dimensional Standards and Measurements
Once you’ve established the process for permitting your project, you’ll need to understand the dimensional standards/constraints for your property. Chapter 6 contains the tables that list the requirements for lot dimensions, building bulk, density, location and height for all types of development.
In other words, Chapter 6 determines the developable footprint of a property. Understanding where your structures can be located on property, how large and tall those structures can be, and how many structures you’re permitted to build is incredibly important. After reviewing Chapter 5, consultation with Chapter 6 is your next step.
Chapter 7: Development and Design Standards
Now that you’ve established the permitting/entitlement process and the developable footprint of your property, you’ll want to review Chapter 7. Chapter 7 addresses “the physical relationship between development and adjacent properties, public streets, neighborhoods and the natural environment to implement the comprehensive plan vision for a more attractive, efficient and livable community.”
Chapter 7 is where you’ll find parking and loading standards, landscaping requirements and standards for residential and nonresidential development. It’s important to understand that your project may be subject to special requirements, dependent on the size of the development and where it’s located in relation to public streets, adjacent neighborhoods and the environment. Familiarize yourself with Chapter 7.
2. Consider hiring professionals familiar with the MOA land use entitlement process.
Deciding whether to hire a planning professional is dependent on several factors. How complex is your project? How familiar are you with the code requirements and planning approval process?
Hiring qualified planning professionals can pay dividends for your project. They can add to project success rates and develop cost saving through efficiency. They can identify problems early in the process and develop a proactive approach to solving them. Professionals are often up to date with industry trends and best practices, ensuring your project is in line with current standards.
3. Seek guidance from the MOA Planning Department.
The MOA Planning Department has several divisions, each with their own “areas of expertise.” Reach out to a planner in the Current Planning Division. This may be intimidating, but the planners are willing to assist you in understanding and navigating the process. Very few understand Title 21 and the process like they do. Using their experience and expertise can save you frustration, time and may even save the project budget. I cannot emphasize this enough: communicate often and effectively with the planners. When you do, the process is more likely to move forward without unnecessary delays.
4. Develop a realistic timeline.
Anchorage, being a winter city, relies heavily on the summer months for development. Unexpected delays in the permitting and entitlement process could mean the loss of an entire development season. Thus, it’s incredibly important to plan ahead and develop a realistic schedule that considers the possibility of setback. Establish a timeline for your project that includes design, community outreach, public hearings and permitting. You cannot begin planning in the spring for a development commencing that summer. I have always advised beginning the planning and entitlement process no later than October or November of the previous year to your planned development.
Planning ahead will allow you to respond to design revisions and challenges in permitting without missing an entire development season.
5. Be proactive in your community outreach.
Some development projects require a public hearing, and in turn, a minimum level of community outreach. A proactive approach to community engagement facilitates communication, leading to increased understanding, buy-in by the community and potentially a better project.
In Anchorage, a great place to start is with your community council. Community councils are separated by geographic area. Identify your community council here.
Reach out to the council representative and ask to be placed on a future agenda. Present your project and be as transparent as possible. Seek feedback and identify potential pitfalls early in the planning process. This will lead to a reduction in permitting delays and to more community buy-in for your project. For large, and possibly controversial projects, I recommend engaging the community early and often.
6. Understand the rules and procedures for public hearings.
Have you even been to a public meeting and thought “I have no idea what’s going on?” Well, you’re not alone. Most public meetings operate under Robert’s Rules of Order, which is a widely adopted manual of parliamentary procedure designed to facilitate fair, efficient and democratic meetings. It provides the framework for conducting business, intended to ensure all members, and in most cases, the public, can be heard and decisions are made in an orderly manner. While I’m not suggesting you become an expert in Robert’s Rules of Order, having a basic understanding of it can pay dividends. Before presenting a project before a board or commission in the MOA, I also recommend attending a meeting or two in advance to familiarize yourself with how their business is conducted. This may alleviate some anxiety and will better prepare you for your public hearing.
Conclusion
Navigating the land use entitlement process doesn’t have to be scary or intimidating. With some initiative, proper planning and in some cases, hiring the right professionals, you can deliver a successful development project on time and within budget.
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