site approval toolkit

SITE APPROVALTOOLKIT

STRATEGIES FOR RETAILERS SEEKING ZONING APPROVALSUpdated July 2016

2 | NACS Site Approval Toolkit

COntents

Introduction 3

The Approval Process 4

Strategic Preparation 8

The Timeline 15

Checklists 17

Showcasing Business Values 19

Post-Approval Strategies 22

Resources & Glossary of Terms 24

Founded in 1961 as the National Association of Convenience Stores, NACS is the international association for convenience and fuel retailing. NACS has 2,100 retail and 1,600 supplier member companies, which do business in nearly 50 countries. There are more than 154,000 convenience stores in the U.S. alone.

For more information, please contact:

Published April 2015, updated July 2016

RefReshing OuR image

Through its reFresh initiative, NACS is addressing ongoing concerns about industry image by pro-viding retailers with the tools to both evolve their in-store offer and to elevate their image. The reFresh initiative is currently focused on three distinct elements:

• Creating tools for retailers to use to addressNIMBY (not in my backyard) issues by educatingstakeholders about the contributions conven-ience stores make to their communities;

• Forming partnerships/relationships with credi-ble nutrition- and community-focused groupsto accelerate the evolution of in-store offers; and

• Sharing credible facts/data to demonstrate theevolution of the industry and to correct an out-dated reputation.

This report and other industry toolkits and resources can be found at www.nacsonline.com/refresh.

Jeff LenardNACS Vice President, Strategic Industry Initiatives (703) 518-4272 | [email protected]

Carolyn SchnareNACS Director, Strategic Initiatives(703) 518-4248 | [email protected]

NACS Site Approval Toolkit | 3

NIMBY (Not In My Back Yard) concerns raised in zoningapproval hearings have made the zoning approvalprocess increasingly complex and difficult to navigatefor retailers looking to remodel existing locations oradd new locations. In many areas, NIMBY concerns —opposition by residents to a proposed new develop-ment because it is close to them, who often believethat the developments are needed but should be fur-ther away — are a big part of the site approvalprocess.

This toolkit describes typical participants in the plan-ning process and general “nuts and bolts” that comprise the framework of local planning. It also looksat how communities guide their physical growth anddevelopment through local planning, which can covera wide array of activities, ranging from new develop-ment on vacant land to the adaptation of existingstructures for new uses, as well as the redevelopmentof individual and adjacent parcels with new buildingsand facilities. Each stage of the process is examinedand broad strategies and ideas are provided to consider in the development of a site approval plan.While each approval process is admittedly unique, thetoolkit will help retailers navigate the process in amore streamlined manner.

The 154,000-plus convenience stores in the United States are part of the fabric of nearly every community across the country. But like many businesses these days, it is becoming increasingly difficult to expand operations.

This toolkit is designed to help convenience retailers — whether a one-store operator or chain looking to grow store count or modernize a site’soperations — better understand the planning process and address com-munity concerns.

INTRODUCTION

Understanding the approval process helps retailers best prepare for it,whether in front of a zoning or land use board.

Before a retailer can prepare for the approval process,it’s important to understand how the process works— and the difference in terminologies for what is required. The first step is to review the land use anddevelopment guide (sometimes referred to as a “mas-ter plan”), the community’s policy document intendedto help guide growth and development decisions.

a land use and development guide is not a rigid orstatic set of rules. The objectives and recommenda-tions are intended to allow flexibility in light of newinformation or opportunities. The guide is an attemptto record the basic, core community development val-ues and principles that citizens share and to use themas guideposts in future decisions concerning growth,development and improvement in the community. Itguides deliberations involving land development andland use regulations.

Zoning regulates where residential, business and industry can be located in communities, creating theirlook and feel. Zoning also dictates density, land use intensity (commercial, manufacturing, industrial uses)and aesthetics (how dwellings or structures are placedon a lot, what the structures look like and whethertrails, parks or open space requirements are appropri-ate). Local officials and residents use a collaborativeprocess to determine the location, character, level andintensity of development that will be permitted or encouraged throughout their community, as well asthe areas to be conserved and protected from devel-opment.

Most zoning ordinances or laws are designed to ensure that development will:

• Preserve air quality

• Conserve open space and natural resources

• Provide for recreational needs

• Provide protection from floods, landslides andother natural disasters

• Provide for harmonious development compati-ble with the surrounding area

Before buying property, it is always beneficial to un-derstand that property’s current zoning — and zoningand land use plans for the surrounding area. Zoningregulations control the dimensional characteristicsand use of buildings.

THE APPROVAL PROCESS



Zoning regulations address questions such as:

• How may the property be used?

• How much of the property may be covered witha building?

• How far back must the building be from propertylines and the street?

• What is the maximum footprint of the building?

• How tall can the building be?

• Is the property residential, commercial or indus-trial, and what density and/or type of use shouldbe assigned to it?

Zoning regulations are designed to protect the health,safety and general welfare of the citizens. It is alsoused to ensure that incompatible uses are not placednext to each other or that measures are taken to miti-gate impacts caused by incompatible development.

There is often confusion between the roles of a zoningand planning board. Generally speaking, a planningboard is responsible for the master plan, which doesnot dictate the timing of development. The masterplan sets forth recommendations for what types ofland uses can be established, where they can be established and under what conditions they can beestablished. Also, generally speaking, the zoningboard is the only board that can grant a variance fromthe zoning ordinance involving uses. For example, ifyou wanted to use a residential property for a profes-sional office, and if the zoning ordinance does notallow it, then only the zoning board can grant you anapproval, or variance, from the ordinance.

A planning board generally deals with commercial realestate construction and subdivisions of lots to createadditional lots. A zoning board can hear the same mat-ters that a planning board hears if a use variance is alsoinvolved with the application.

(In speaking of these differences, please note the use ofthe phrase “generally.” There are many and local govern-ments that deviate from this, and in some cases planningand zoning boards have been merged into one entity.)

the POweR tO Plan

Local agencies derive their authority to shape theircommunities through planning and land use from fed-eral and state constitutions. In most states, this author-ity is broad and elastic and allows cities and countiesto take actions to protect the public’s general health,safety and welfare. However, in most cases local regu-lations may not confli t with overriding state laws.

Participants in the planning process

Local officials play a number of roles in land use mat-ters. Within their jurisdictions, local officials typicallyact in three capacities:

1. Legislative: Adopting policies governing develop-ment, such as general plans, zoning ordinancesand fee schedules.

2. Quasi-adjudicatory: Applying policies and statelaw to specific p ojects.

3. Enforcement: Taking steps to assure that ap-proved projects comply with the applicable lawsand requirements.

Local officials are typically selected or appointed toserve on the governing boards of regional or cityagencies. In some cases the members of the govern-ing board or zoning commission may be directly

elected by voters or serve in another public capacity.For example, one or more city council members mayalso serve on the local zoning commission dependingon the jurisdiction.

Roles and functions in the planning process

To understand and navigate the planning and devel-opment process, it is essential to understand the various roles and functions of the respective officialsand staff.

The City Council or County Board of supervisorsevaluates staff analyses, recommendations and deci-sions by advisory bodies, and agency goals in makingfinal decisions on land use plans and proposals. TheCouncil or Board may act as appellate (appeals) bodyon entitlement decisions.

The Planning Commission or Planning Boardconsiders staff analyses, including agency goals andpolicies, along with community input. The Commis-sion makes recommendations and decisions based onfindings of fact when applying general policies to specific situations such as use permits and tentativemaps. This body may also makes recommendations tothe governing body (Council) on policy matters suchas the general plan, zoning ordinances and develop-ment agreements.

Planning staff act as technical staff and support tothe governing body, planning commission or otherplanning advisory bodies. The staff prepares localplans and ordinances, identifies relevant local regula-tions for plans and project applications and organizeshearings and meetings on plans and project proposalsas authorized by local officials. Staff members also willwork with applicants to ensure that a project complieswith community policies and standards and state andfederal law.

Staff also fulfill a number of other key functions in theplanning process. These employees coordinate withother professional departments and agencies to incor-porate comments and technical recommendationsinto a proposed plan or project. They also prepare professional analyses and recommendations on theproject throughout the planning process, and monitor

project implementation and compliance with plan-ning policies and conditions of approval.

Other officials and bodies in the planning process include:

The agency Counsel who may also serve as the CityAttorney or County Legal Counsel. The Counsel ad-vises officials on legal process requirements for deci-sion-making, and answers questions about applicablelaw and how the law applies in particular situations.This attorney also may represent local government inlegal issues and disputes.

The Board of Zoning, Zoning Commission or Zon-ing administrator is a body or hearing officer author-ized to consider requests for variances to zoningrequirements, created by ordinance and appointed bythe governing body.

The Zoning appeals Board is an optional appointedbody that hears and decides matters relating to theapplication of the zoning ordinance and considers appeals of the zoning administrator’s decisions.

The Building Officer is an appointed agency officialresponsible for the administration and enforcementof building and construction codes and requirements

The Design Review Commission or architecturalReview Board is an optional commission appointed



by the governing body to review development pro-posals to determine consistency with local adopteddesign guidelines, standards and ordinances.

The Community Development manager promotesredevelopment by linking land use planning, eco-nomic development and other internal governmentalfunctions. The manager works with property owners,businesses, neighborhood groups and governmentagencies to promote capital investment in the assem-blage, development and/or reuse of vacant underuti-lized buildings and properties.

Zoning change request

The current zoning on a property may or may not bethe same as the proposed land use. When an applicantdecides that the current zoning will not support development plans for that parcel of land, a zonechange can be requested. If a property owner wantsto change the zoning, the land use plan suggests whatappropriate uses could be approved.

There are two different types of zoning change appli-cations:

1. Conforming (or area) zone change: Applica-tions that comply with the requirements of thecurrent land use plan. The requirements can per-tain to residential density (how many houses peracre) or in the case of convenience stores, non-residential intensities (what sort of commercialuse is allowed on the parcel, minimum setbacksfrom the property line, minimum floor areas etc.).

2. non-conforming (or use) zone change: Appli-cations that are submitted to change the zoningon a parcel that does not comply with therequirements of the current land use guide. Theapplicant must demonstrate how approval of anon-conforming zone change benefits the exist-ing community. In many cases, applicants are required to hold a neighborhood meeting priorto the presentation to the local planning or zon-ing board. Even if it is not required, it is highlyrecommended that you do. The planning boardoften makes a recommendation to the zoningboard regarding such changes.

If your application meets the requirements of the par-ticular ordinance, the board must approve the subjectapplication. There is no basis whatsoever for denyinga site plan or subdivision application unless a specifirequirement of that ordinance is not satisfactorily fulfilled y the applicant.

If a proposal does not meet the current zoning re-quirements, the applicant will need to seek a variance.The reality is that most projects rarely meet every element of the ordinance, which requires approval ofthe variance from the zoning board. The zoning boardis the board of “non-permitted uses.” Variances arebased upon the individual municipality’s zoning ordi-nance. The zoning ordinance establishes specific requirements for a land area within a municipality andregulates not only the uses permitted, but the size ofthe parcels, setbacks required, parking, signs, condi-tional uses and numerous other regulations.

Regarding precedents

Changing the zoning on a parcel, regardless of howthat change comes about, sets a precedent. Prece-dents — good or bad — are a firm base to justify future changes. Future zoning applications will referto the precedent, as will the approval or denial recom-mendation by the town or county advisory board.Also, planning commissioners and the board ofcounty commissioners, in some cases, consider prece-dents when making decisions.

BeyOnD ZOning

There may be other groups to consider engagingbeyond the traditional zoning groups. Considercontacting the local police or liquor board tolearn their views and possibly gain their assis-tance.

The planning process can appear challenging for eventhe most successful businessperson or real estate pro-fessional, especially when working with local officials,politicians and citizens groups to obtain approval fornew a development. Although the developmentprocess can be as simple as presenting the proper information to the planning commission staff or a zoning administrator, the potential for opposition orconfli t is apparent.

Using local knowledge and political expertise can helpgrow community support and avoid the pitfalls thathamper many proposed projects.

DO the hOmewORk

There are a number of steps to consider in preparingfor a project:

• Review the deed for restrictions.

• Obtain the seller’s full support. The seller has themost to lose if the proposal is not approved, because the property may not be rezoned for asubstantial period.

• Create a development budget for the project,especially if a zoning change is required. Manytimes, buyers obtain zoning at a steep price onlyto find that the development is too financiallystrapped to yield a return on investment.

• Consider a lobbyist or local land use attorney tohandle the case. That said, if a project doesn’t appear to be controversial, a lobbyist is an unnec-essary expense. If a lobbyist is necessary, look fora professional planner who has worked with thelocal planning staff. Attorneys who specialize inrezoning also are effective lobbyists.

• Research the community growth plan and objec-tives (see below).

• Share the plan and gather support.

If a proposed development and/or rezoning are viableoptions, buyers should further develop their plan andgather community support. This can be accomplishedwith a few simple strategies.

• schedule meetings ahead of the public hear-ing. To ensure a successful rezoning, schedule apre-planning conference with the planning com-mission staff since they will be presenting the petition. Make the presentation brief; listen andnegotiate with them on their modific tion ideas.Their opinions typically refle t the desires of theplanning commission — the final approvingbody.

• meet the community and listen to neighbors.Schedule meetings with adjoining property owners, homeowners and business associationgroups, as well as neighborhood activists andlocal elected officials. Since these constituentscan muster opposition, listen to their suggestionsand comments. If possible, obtain letters sup-porting the proposed project. Testimonials fromhomeowners or business associations can negatethe impact of vocal opponents (NIMBYs) at thepublic hearing.

• identify and ask for support from third-partyadvocates and partners. Having others speakpositively on behalf of the project and its meritsis important to mitigating potential oppositionand critics. Third-party advocates may be localbusiness groups, community or charitable part-ners — or even current management.

In preparing for a proposal, consider three possible reactions: The residents surrounding the proposed site(1) support it, (2) definitely do not support it or (3) possibly could support it with some changes or conditions.


Prep work can get a project approved — work that begins well beforethe hearing.

STRATEGIC PREPARATION


Using a professional firm

Because of the misperceptions about the convenienceretailing industry — either those that exist or could be raised at a hearing — it may be difficult to get approval for a project on your own, with standard supporting documents. Consider working with a fi mthat has experience getting approvals.

For those with the means to do so, there are a numberof firms who specialize in obtaining approvals whocan assist in formulating a defined proposal strategythat includes developing a strategic team, positioningbefore the submittal, developing a proposal themethat sets you apart and communicates your differ-ences — and then carries that into a successful projectinterview. They can also provide assistance on itemssuch as neighborhood perception surveys, market research, marketing and positioning strategies, pro-posal preparation or review and presentation strategyand coaching.

While these services add to the expenses, they may ultimately reduce the opportunity cost of having yourproperty unused for an extended period of time — orminimize the costs associated with unnecessarychanges to your approval.

Seeking approval yourself

If the budget does not allow for these types of expen-ditures, you can strategically approach the approvalprocess yourself by following specific guidelines. First

and foremost, know how the area is currently zonedand “master planned,” and how the project meetsthose requirements.

PRePaRatORy stePs

Re-examine construction plans and determine if thereis any way that they can be revised so that a varianceis not necessary. If plans can be modified so that theyconform to the local zoning ordinances, the obstacleof applying for a variance can be avoided. In addition,if plans can be “easily” changed to comply with thezoning laws they are not likely to be approved for avariance. Conversely, be prepared to defend anychanges that will be proposed to be “easy” if they arecritical to the successful operation of the project.

Review the local jurisdiction’s requirements for a vari-ance. In general, a variance will only be granted if thefollowing four criteria are met:

1. Compliance with the zoning laws would causeundue hardship on the landowner.

2. The proposed construction is necessary forreasonable use of the property.

3. The proposed construction would not alter theessential character of the neighborhood.

4. The proposed construction represents the leastintrusive solution possible.

To get a sense of the types of variances granted and the types steadfastlydenied, attend zoning meetings before the application is submitted. Ithelps to meet a few board members and begin the process of talkingabout the potential need to apply for a variance. Personal relationships,especially in small communities, are a plus.

meetings with lOCal OffiCials

Meet with the local ranking political authority to discuss the project. In most cases, this is the mayorand/or the town manager. DO NOT meet with adeputy mayor or other subordinate.

The mayor and council members are elected, so theyoften look at a project based on the sheer numbers ofvoters opposed to a project. Because there are manyother considerations in a project, seek to to raise theseconsiderations before a hearing. In addition, thesemeetings can help learn how to make the project beviewed more favorably when seeking approval. Some-times this guidance will be very direct, but other timesit’s more of a “feel them out” process to what it mighttake to get approval.

Schedule face-to-face meetings and hold them in a relaxed social setting, for example, over lunch, or someother informal setting.

At such a meeting:

• make sure the conversation is two-way. This isan opportunity to learn how to gain approval —not an opportunity to try to sell the project. Thegoal is to enlist an ally who will help sell the proj-ect on its merits at the appropriate time. Listenand act on any recommendations that makesense.

• explain the vision. Talk about the overall visionfor the project, as well and the company’s valuesand community engagement so that communityleaders understand how the community’s inter-ests fit i to the bigger picture.

• make it interesting and focused. Plan your con-versation and be imaginative. Share examples ofhow a similar project worked in another commu-nity.

• Be honest. Communicate both the positives andnegatives associated with the project. Any poten-tial downsides will ultimately be communicated,so it is best to raise them early and with theproper context.

• know that it’s okay to not have all the an-swers. Make it clear that follow-up answers toquestions will be provided and specify the time-line when it will be available.

• ask for recommendations on local profes-sional firms. Firms that have successfully navi-gated local zoning hearings have instantcredibility with local officials and are more likelyto have projects approved. Consider workingwith these firms — even if you have internal professionals — and have both groups work together. This is not a good time to save a fewdollars.

Key considerations that should be addressed beforesuch a meeting:

• Possibly support the local political parties.However, be very aware of the timing of suchsupport, as elections occur and change the land-scape, and what was once viewed as favorablecan over the course of an election cycle beviewed unfavorably.

• sponsor local organizations, but avoid anythat could be controversial. Recommended organizations include any that deal with youthsports or education. Sponsorship should take theform of something that residents can see and talkabout, and local sponsorships are much more fa-vorably perceived than those of a national scope.

• support local animal shelters. It shouldn’t besurprising that this is viewed positively by manypeople.

• support local volunteer fire or ambulanceorganizations, if appropriate. Financial supportof these organizations is looked upon very posi-tively, as they have many members, are social organizations in addition to the service they provide the community and are high influen ersregarding projects within a community.

Next, consider meeting with the planning board atone of its work sessions. Board members are moreamenable to changes, as they are more concernedwith the general well-being of the municipality inquestion and can offer guidance and assistance inpreparation of meeting with a zoning board. The plan-ning board’s essential duties are to deal with policy(the master plan) and implement that policy throughthe zoning, site plan and subdivision ordinances.These ordinances establish a series of ground rules tobe met by an applicant. Also, the planning board is a



body appointed by some elected official or groupingof them (mayor and/or council/commissioners). Theyare not elected, but beholden to their appointer(s).

A common error that some applicants make is in notbringing up or addressing potential issues upfront, forfear of “adding fuel to the fire.” However, a commonstrategy that opponents to a zoning change will useis to learn any zoning principles and take every oppor-tunity to show off their sophistication. They under-stand that some commissions and councils can beintimidated when citizens actually know what they aretalking about. For those seeking approvals, it is equallyimportant to understand the process and communi-cate that level of understanding in meetings with officials.

meetings tO unDeRstanD PuBliC COnCeRns

For most people, their home is the largest single assetthey own. The risk of devaluation of this asset is theirgreatest fear, and as a result, prospective homeownersare smart shoppers. They know that if conditions deteriorate in their neighborhood, they will be stuckhaving paid a lot for an asset that they can sell only ata loss. The prospect of such a loss influences home-owners’ behavior after they have bought the propertyand moved in. It makes them pay close attention tolocal government land-use policies, and look at possi-ble changes with a very wary eye.

It is very important to keep this in mind when attempting to receive approval for site development.The negative views that are irrationally held regardingthe convenience store industry are only exacerbatedby the fear of unknown effects on their investment. Assuch, it is critical to develop trusting relationships withthese neighbors.

Attend any neighborhood meetings to understand allthe neighbors’ concerns. (Do not, however, look to address them at this time, but rather seek to under-stand their motivation.) If neighbors are not holdingsuch meetings, consider holding a “Meeting with thePublic” before the official hearing to resolve issuesprior to its being held. This is the best time to discussissues like fences, landscaping, etc., with neighbors sothat they don’t become issues of uncertainty or con-troversy later on during the hearing. Do all that can bedone to make the hearing run as smoothly as possible.Identify and prioritize the most important points toaddress — they don’t all need to be addressed at thispoint.

This is an opportunity to learn who has the strongestobjections and where their interests lie — and to meetwith them privately to negotiate how to get their sup-port. The neighbors in closest proximity to the site arethe most critical ones to get on board at a hearing. Ifresidents of a community are concerned about trafficgenerated, the hearing will go much more favorablyif those neighbors abutting your property say thatthey are not concerned and support the project. Ifthere is neighborhood opposition that cannot beovercome, share that the neighbors were approachedin a conciliatory way (i.e., plans to plant new shrubs toblock the view of the site, etc.).

aPPROval heaRings

An applicant is never entitled to a variance. An appli-cant must meet specific criteria by satisfying certainlegal standards of proof, and the burden is upon theapplicant to show that he/she is entitled to the specificrelief requested. Merely making an application to aboard and paying the required fees is not sufficient.Depending upon the type of variance requested, youwill need to prove special reasons, a balancing of thebenefits, hardship, etc. The most important thing to

keep in mind is to be prepared to defend the reasonsthat the project must be located on a specific parcelof property.

Some other hints:

• gather factual information that supports thereasoning behind the proposal. This will helpcounter opposing statements like “I just don’t likeit!” Do not present this information at neighbor-hood meetings, as it will seem combative, butsave it for use at the hearing.

• Prepare architectural plans for the proposedproject. Check with the municipality or countyto see what level of detail is required.

• file the application for the variance. This in-cludes submitting your survey, your architecturaldrawings, a written statement of intent and pos-sibly a separate application required by the juris-diction.

At this time, all property owners within a small radiusfrom the property of the proposed change (the localjurisdiction may actually specify the length of this radius) will also need to be notifie .

There is nothing standard, average or easy in obtain-ing approval for site variances. The process of success-fully obtaining approval for a project can takeanywhere from three to nine months — or sometimesmuch longer. Ultimately, the time spent will be posi-tively affected by advance planning. Make sure thatyou include the following elements.

PRePaRing fOR the PuBliC heaRing

• Develop a detailed plan. Renderings (not nec-essarily blueprints) should be detailed and incolor. Land planners create excellent renderings.All written materials should be clear with dia-grams and pictures if necessary to present thecase. Bring enough copies for all of the decisionmakers and staff.

• Consider the timing of the proposal. Timing iscrucial when it comes to the public hearing before the planning commission. Figure outwhen the petition will be considered. If it is nearan election, schedule the petition before July orafter the election in November. If reschedulingisn’t an option, consider asking for a 60- to 90-daydeferral.

• always be present and have adequate repre-sentation for all hearings to answer questionsor concerns. Be prepared for a full presentationwith pictures and drawings; also be ready for arebuttal, if necessary. Allow time for third-partyadvocates and supporters to speak.

• if allowed by local and state law, meet with of-ficials during the period between the hearingand the vote. The most critical vote of supportwill come from the district representative or anat-large member who lives and works within thearea in which the project will be located. How-ever, some officials may not want to meet outsidea public forum or those meeting may be prohib-ited under state and local laws.



In some cases you may be required to go to a hearingbefore your variance is approved, in which all nearbyproperty owners will be allowed to attend and ask youquestions, even if you have already done so as recom-mended above. Don’t look at this as a reason not tohave already held it, as this will just be a formality togo through as you have are ready done the necessarywork ahead of time.

Applications for variances are reviewed at publicmeetings where local residents come to voice approval or petition the board for denial. This will gen-erally be performed at your local city or town hall. Thereality is that opposition groups will use any argumentagainst any variance request not because of their con-cern with the particular variance, but because of anemotional reaction to the commercial developmentproposed “in their neighborhood.” Bring pictures or drawings of the project to the hearing so that emotional descriptions of a proposed project can becountered by a realistic view of the project.

Opposition groups aim to have as many people aspossible attend planning board meetings, but they areaware that the planning board is not as likely to respond to numbers as is the city council.

Be prepared to negotiate at the hearing. You do notwant second or third meetings. Be ready to negotiateon many aspects of your plan, whether fences, signs,lighting, colors, signs, landscaping or paving — any-thing that is negotiable.

Zoning and land use disputes are emotionally chargedand can be make for some drama, both in the hearingitself and in the local news covering the hearing. It isessential to prepare for hearings with supporting data.The challenge is to both acquire factual data and address emotional issues that may or may not be supported by fact.

Reasonable considerations include:

• Does the proposed change meet the desiresin the neighborhood? Find out what the neigh-borhood desires and values. What does thismean? Inherently, all neighborhoods look to ensure the same thing: that the property valueswill not decrease. However, how they view thatdecrease as potentially occurring can differ fromproject to project. Understand what motivatesthe neighborhood to help shape proposedchanges to meet the least amount of resistancepossible. For example, if noise-related concernsare raised, plan to include buffer areas, landscap-ing or sound barriers to allay those concerns. Ifconcerns are raised about trash blowing off theproperty, the landscaping plan should take thisinto account to minimize any effect.

• how will the change in use impact the charac-ter of the neighborhood or community? Beprepared to build the case for the positive impacts of the project.

• how will the change affect the neighbor-hood’s property values? Generally speaking,data indicates that it will affect it in a positivemanner. That is not to say that there may not bea parcel that could be affected negatively.

• is the scale of the project extensive? With scalecomes increased opportunity for neighborhoodconcerns.

• Does the change pose a “threat” to the healthand safety of the neighborhood? Traffic is always one of the biggest health and safety con-cerns cited, not just for neighbors, but for localofficials. If a road has 5,000 cars per hour, but isdesigned to handle 10,000 cars per hour, therewill still be a public concern if the project increases traffic to 6,000 cars per hour. Generally,the best approach is to have a traffic engineer

with whom the municipality is familiar do a report for the application and appear at the hear-ing.

• is there a financial hardship to justify therequested change? The case for the project isstronger in these instances.

• Does the project conform to the land useplan? Setbacks, lot size, building size and lot cov-erage, if within certain parameters, usually can begranted a variance or waived by the PlanningBoard. Building height usually requires a letterfrom the Fire Department officer in charge of thatarea in order to be granted a variance.

• is it a compatible use? A “Use Variance” mustgenerally be granted by the Zoning Board.

• what other similar developments have beenapproved near the proposed project? Prece-dence is important. In any controversial applica-tion, look at all of the applications from the pastfive or more years. Bring them up during thehearing if necessary. Every Board knows that theycarry a lot of weight if an applicant files an ap-peal. Generally, judges are quite liberal with landuse decisions, especially if a precedent has beenset.

Finally, in a worst-case scenario, accept defeat graciously so as to try for approval again throughavailable appeals processes or at a later time when adifferent group of citizens serves on the zoning/plan-ning board. Sometimes, once the seeds of develop-ment or redevelopment are planted in a community,events may occur outside the boundaries of a subjectparcel that can lead to reevaluation and eventual approval of the project. Sometimes visionary conceptsfor a community just take time to gain acceptance.When that happens, any previous experience with thezoning and planning boards will prove to have beena worthwhile investment.



Unfortunately, it is nearly impossible to present a standard approval process timeline because all munic-ipalities, even when complying with state guidelines,exert “home rule” exceptions to their own process. This is partially due to the fact that municipalitiesoften have different internal structures, different formsof government and different geographical issues(oceans, streams, forests, etc.).

To sufficiently execute the strategies outlined withinthis document, it will require a timeline of 60 to 90days. After making that investment, it is time to gothrough the formal process of obtaining approval.

The following chart gives an approximate expectationof what one can expect in a normal to best-case scenario. In this example, the process can be expectedto take from 60 to 90 days.

The preparation process will take two to three months if things go well— and possibly longer if things do not go well.

THE TIMELINE

Application

Noti�cation Letters

Memo Sent to Council

Legal Ad

Noti�cation Letters

1st Reading (City Council)

2nd Reading (City Council)

Planning Advisory CommissionMeeting (PAC)

Planning Department Prepares Caseand Includes Recommendations

All necessary information is included in the application: site plan,legal description, picture(s) of the sign(s) and fees.

The Planning Department then recommends approval or denial onthe application.

There is no public hearing and the case is voted approved, approved with conditions or denied.

The application is then taken before the City Council to be heard.This ÿrst meeting is the 1st Reading and is the public hearing.

Ad is run for 15 days prior to Council meeting but no more than 45days prior.

The Planning Department sends a memo to Council advising ofupcoming case.

PAC then hears the case and recommends either approval or denial.

Notiÿcations containing a letter, map and agenda are prepared and sent out to the citizens located within the notiÿcation area (300 ft. radius of proposed rezoned site).

Notiÿcations containing a letter, map and agenda are prepared and sent out to the citizens located within the notiÿcation area (300 ft. radius of proposed rezoned site).

However, most experts and local government officialswill say that the best-case scenario is also very opti-mistic. In Lee County, Florida, they advise that typicallyit takes nine months to go through a rezoning process.

And the key word is “typical.” As can be seen from thefollowing flowchart that they provide, it is possible toget trapped in an endless loop of resubmission.


Application ReceivedSTAFF REVIEW

(15 days)

Planned Development Rezoning(typical timeframe is 9 months)

CASE FOUND SUFFICIENT and scheduled for

Hearing Examiner (HEX)(60 days)

CASE FOUND SUFFICIENT and

scheduled for HEX(15 days)

HEX publichearing

(45 days)

Applicant resubmits and sta! reviews

(15 days)

Applicant resubmits andsta! reviews

(15 days)

HEX recommendationissued and Board of

County Commissioners (BCC) hearing scheduled

(30 days)

BCC hearing and "nal decision/

APPROVAL

CASE FOUND INSUFFICIENT;applicant noti"ed and meeting

with applicant scheduled(90 days average)

CASE FOUND INSUFFICIENT;

applicant noti"ed(90 days average)

BEST CASE WORST CASE


Plan to address a number of community concerns that may be raisedduring the process.

CHECKLISTS

unDeRstanDing the COmmunity’sgROwth Plan anD OBjeCtives

In recent years, many mayors and local governing bodieshave outlined their vision for growth and developmentin their respective communities. Community growthplans have become a cornerstone of local campaigns anda favored talking point for elected officials. Moreover,community growth plans are often referenced before andduring planning and zoning hearings.

Deviations from these plans are likely to encounter opposition from both governing bodies and the localcommunity. As such, it is important to research and understand a community’s growth and developmentplan and provide context of how the project meets thoseparameters. Many community development plans can befound at websites for the city, county and the respectivecivic leaders.

unDeRstanDing tRenDs in Retail anDCOmmeRCial DevelOPment

The current trend in retail development is moving awayfrom large strip centers and toward village centers ormixed-use developments. Both of these can be challeng-ing, since most retail developers and have very specificparking requirements. Retailers’ signage and visibilityneeds also are difficult to negotiate. In addition, commu-nity planners favor breaking up shopping centers tomake room for detention ponds, fountains and otherlandscaping elements. A business's willingness to harmo-nize design with the existing properties and integrate itinto the neighborhood is critical.

Also, many neighborhood groups strongly oppose light-ing and noise issues associated with retail and conven-ience stores. Retail developers can offer some incentivesto win approval. Trees, pocket parks and greenway dona-

tions are popular with decision makers. Reduced signageand controlled lighting — which provides safety but isnot unattractive and is focused or shaded to not disturbthe neighbors — are a must. Providing good security,competitive pricing and additional jobs in the area are ar-guments that help many retailers win approval.

BRinging in a PROfessiOnal fiRm

For those not using the services of a professional fi m, orwho are only in the exploratory stage of a project andgauging neighborhood interests and local officials pointsof view, it’s important to have workable knowledge ofcertain aspects of the project. The following are somebasic community-focused questions to consider address-ing:

• how does your proposal benefit the community?Address some higher-level topics related to the community that go beyond the specific pa cel.

• what successful examples do you have fromother jurisdictions that support your proposal?Address how your approach is similar to somethingthat met with success in other areas.

• what are the existing property conditions? Lookat specifics related to the proposal, both the parceland the infrastructure that is affected by it/support-ing it such as:

− The current zoning requirements

− Surrounding land uses

− Location of buildings and facilities on buttingproperties

− Location of curbs, sidewalks, driveways, utilitypoles, fi e hydrants and street trees on the roadabutting and immediately adjacent to the parcel

− Existing buildings and existing buildings tobe demolished

− Existing trees and other vegetation

− Regulatory flood lin

− Existing natural features (i.e., streams, steepslopes)

− Existing fences

− Existing transit facilities

− Existing services (sanitary storm sewers andwater)

• what are the site development requirements?Look at specifics related to services and other re-lated operations, such as:

− Required road allowance

− Driveway location and width

− Fire route and fi e hydrants

− Parking facilities and dimensions

− Pedestrian sidewalks

− Building entrance facilities

− Night lighting facilities

− Garbage storage facilities

− Easements and/or rights-of-way

− Grading and drainage

− Disposal of waste water

− Landscaping design/details

• what conditions are negotiable to get theproject approved? Consider what could beadded to a proposal to make it more attractive —looking at both what could be negotiable andwhat is off the table, including issues related to:

− Traffic patterns (entrances into property,whether curb cuts or other additions)

− Sidewalks, bike paths or other trails

− Landscaping and landscaping buffering

− Aesthetic (visual) view to adjacent neighbors

− Installing fences, or specific ence-types

− Open-space preservation

− Architectural standards (building design,color, height, elevations)

− Low-level lighting

− Time limits for construction hours and totalconstruction time

− Signage (crosswalks to schools, traffic lights)

− Adequacy of existing roads to support thesite

− Restricted hours of operation



Telling the story of what your company stands for andhow it will be a valuable member of the local commu-nity is vital to the zoning process. It’s not alwaysenough to run a great business that is a benefit to thecommunity — the story has to be told in a compellingmanner.

BuilD a POsitive naRRative

The approval of a development project greatly depends on whether the proposal meets local zoningand community planning guidelines. However, the increased sophistication of local opposition andNIMBY groups has strongly influenced commercialgrowth across the nation.

Opposition can extend beyond the merits of a partic-ular project to the parent company or even attacks on the convenience retailing industry itself. Local opponents can claim that a new project will hurt localbusinesses, offer low-skilled or low-paying jobs, or increase criminal activity in the area.

When considering a development project that will require public hearings, company leadership shouldbe prepared to speak on the benefits that both thecompany — and the industry as a whole — can offerthe community. In other words, don’t let the opposi-tion define the p oject and the business.

Positive messaging can be created by developing anarrative around:

• How many years the company has operated inthe community or area.

• What local groups or causes the company sup-ports (i.e., Little League teams, United Way, localfood banks).

• How many full- or part-time jobs will be createdby the project.

• How the project will serve the needs of the community/customers and how the project fitswithin the community development plan.

• What positive impact will the project have on thelocal economy? Is it taking place in a greyfield orbrownfield a ea?

Proactively communicate with adjacent propertyowners, elected officials and business groups regard-ing the project.

Other positive messages to consider:

• The contribution the project will offer to the localtax base. This is especially poignant when thebuyer or developer is not seeking a REIT (Real Estate Investment Trust) or other tax credit as partof the project.

• How convenience retailers offer speed of serviceto time-starved consumers who want to get inand out of the store quickly. Convenience storesoffer competitive employment opportunities forthose entering the workforce, as well as for expe-rienced managers and employees.

(See the Resources section on page 24.)

After examining community concerns, focus on telling your company’sstory.

SHOWCASING BUSINESS VALUES

Language is important, and words should be carefullychosen. Instead of using words like “consumers” or“customers” consider using the phrase “the membersof the community that you wish to be part of.” Insteadof the word “employees,” refer to them instead as “associates,” “coworkers,” “team members,” etc. —which are, after all, words that most businesses use already.

The following topics should be addressed in a docu-ment that details your plans.

CultuRe

• What is your mission statement — and how doesthat benefit the local ommunity?

• How would you describe your company culture?

emPlOyment

• How many jobs will you provide?

• What types of jobs will you provide? Can you provide a breakdown of full- and part-time employees?

• How does your organization show that you valueyour associates/provide for growth? Can youshare stories of advancement through the organ-ization, continuing education opportunities, ben-efit pac ages, etc.?

• What job skills will your associates obtain at yourlocation?

• What policies and procedures do you expect yourassociates to follow (highlight those that exem-plify your “good neighbor” values)?

• How do you expect them to dress? Will they beexpected to wear uniforms?

• How do you expect them to carry themselves?

• How might you reach out to non-traditionalworkers (retirees, people with disabilities)?

the lOCatiOn

• Why are you proposing this specific si e?

• How many households are within a two-mileradius?

• What existing locations — if any — are your com-petition?

• How many cars currently pass by this site? Canyou show that you don’t you expect any significant increase in traffic?

• What will you bring to this site that does not existin the neighborhood — or does not exist in suffi-cient quantities?

hOuRs Of OPeRatiOn

• Why does this community need a store with late-night operations?

• What is the demographic makeup of this com-munity (blue-collar, white-collar, shift workers)?How will your site serve them?

• What other 24-hour businesses operate withinthis community? What 24-hour businesses oper-ate in the surrounding area?

• Who are the shift workers living in this commu-nity that will, as a result, benefit f om this site?



• Who are the police, fire department, EMTs andother first responders in this community? Howmany of them work on the overnight shift? Howdo they benefit y your site creation?

yOuR OffeR

• How do you provide quick service?

• What is your expectation regarding the time ofan average transaction?

• What products do you carry that enable commu-nity members to fill their basic needs quic ly?

• What fresh products do you currently offer? Whatare your plans regarding adding fresh productsin the future?

• Why are you not just another “gas station”? Whatplans do you have regarding alternative fuels thatmay be needed by community members in thefuture?

COmmunity fOCus

• How do you ensure that you safely sell regulatedlegal items? Do you require IDs for everyone 30and younger?

• What will you specifically do to support thiscommunity?

• What local charities will you support/do yousupport?

• What local community organizations will yousupport/ do you support?

• How will the approval of your site improve safetyin this community?

• How will you improve this neighborhood andkeep it clean?

• How will you set an example for other businessesto “step up their game”?

tax geneRatOR

• What do you expect to contribute in sales tax?

• What do you expect to contribute in income tax?

• What will you contribute in property taxes, andhow does this benefit the residents of thiscommunity?

• Are you able to also quantify the other taxes thatyou collect — fuel taxes, tobacco taxes, alcoholtaxes, etc.

safety COnCeRns

• How do you plan on ensuring the safety of community members who shop at your site?

• What security practices do you employ at yourstores to minimize the likelihood that you are atarget of crime? (Look at both cash managementsolutions and technologies/practices to deter/apprehend potential criminals.)

• How does the addition of your site increase policepresence in this neighborhood? How does thisbenefit this neighbo hood?

• How do you ensure the safety of your sales associates?

• How might you work with local crime preventionofficers on developing security/loss preventiontraining?

enviROnmental COnCeRns

• Will you install new state-of-the-art undergroundstorage tanks?

• Will you install state-of-the-art monitoring systems?

• Will your employees be fully trained to handleany situation regarding fuel?

• Will your local environmental agency or fire marshal support your plans?

• What systems will your forecourt have in place toprotect the environment?

• What environmentally friendly systems are youplanning inside your store?

• What recycling programs are you following?

• Will your trash be handled inside or outside thebuilding? What steps are you taking to ensure thisis done in a responsible manner?

• What “green” policies or initiatives does your organization follow?

Once the project is approved, a number of considerations should still beaddressed to ensure that the new store is successful.

POST-APPROVAL STRATEGIES

Congratulations! The project has been approved. Butthis does not mean that the journey is over. You willbegin the construction phase of your project, and belooking to run a successful operation. This is an oppor-tunity to perform public relations functions that willensure your community embraces your presence, visits your store and, more importantly, serves as anexample for future site approval processes.

The first step to take is to record lessons learned fromthe process. Examine what worked — and what didn’twork. Develop a plan for future approval processesbased on these lessons learned.

Also, make sure that you communicate your appreci-ation, even if it was not always a smooth or enjoyableprocess. Simply expressing thanks for listening to youin the approval process goes a long way in buildingstronger relationships in the community. This could besimply asking for time at a future hearing to providean update on the process as you get closer to a storeopening. Let them know that you are a positive forcein the community.

Before you open your store for business, you alsoshould look at a number of ways to hold a “soft open-ing” and let the community know that you will beopen for business. Some ways to build this excitementare:

Press releases: These are quick and easy to get out.Write a short press release about particular aspects ofyour store, your product offer or the value of yourbrand. Don’t forget the free, weekly publications. Theyare the publications most read by those who have aninterest in your community. Also consider how itmight be part of a larger article related to a businesstrend piece.

Public events: These should include store openings.Can you offer special invitations to tours of the newstore? Also, plan beyond your opening and considerdeveloping a calendar of opportunities. Involve promi-nent members of the community such as the policedepartment, the fire department, local schools, localcharities, etc. Show how you are eager to be part ofthe community rather than just selling product tothem.

Direct mail: A direct mail program can be imple-mented that can include coupons for your products,information about grand opening specials, etc. How-ever, don’t fall into the trap of just marketing products.This is a great public relations opportunity to shareyour values and educate others as to who you are,which creates loyalty and affinity, and can make customers choose you over others offering similarproducts. Think about how you might select valuesthat you wish to showcase.



Recognition programs: Consider a program that recognizes local “heroes.” You may define these heroesas groups that support the community, individualswho have done outstanding work for the community,etc. Consider implementing a breakfast, lunch or dinner event where you bring together a variety ofyour customers to celebrate the hero, or hold a publicevent in which the hero or group is presented with adonation from your organization.

Develop a community calendar: Know the commu-nity that you serve. Develop and continually update acalendar of upcoming events in the community —local festivals, high school sports, school graduationsand vacations, etc. Have your store team make plansto anticipate customer traffic and create targeted mes-sages or offers recognizing events.

PRePaRing fOR futuRe suCCess

Obtaining approval for any project, particularly a con-venience store project, is more than having a superioroffer, a beautiful building and the best intentions. Thewinning strategy is the one that focuses on buildingrelationships, protecting property values and integrat-ing the product offer and business into the commu-nity’s fabric.

And while there is no fast-and-simple template for suc-cess, this information can help guide your strategicthinking in terms of what tactics you need to take toenhance your likelihood of success.

This guide was developed based on the input of anumber of local officials. In all instances, they advisedthat successful applicants not only focus on how theproject will grow your business, but also how it willgrow the community. By developing a strategy thatholistically focuses how you will serve the commu-nity’s interests, you will increase the likelihood of suc-cess in getting your project approved.


Resources and a glossary with additional information

RESOURCES & GLOSSARY OF TERMS

a glOssaRy Of ZOning teRms

Language provides the means to understand and com-municate complex ideas. This is no different in the fieldof planning and zoning with its glossary of terms andmeanings that are as unique and complex as theprocess itself. Understanding the meanings of basicland use terminology will aid any business owner nav-igating the planning process. Important terms andphrases to understand include:

Annex (v.): To incorporate a land area into an existingdistrict or municipality, with a resulting change in theboundaries of the annexing jurisdiction.

Architectural review: Regulations and procedures requiring the exterior design of structures to be inkeeping with the general appearance, historic charac-ter and/or style of surrounding areas. A process usedto exercise control over the design of buildings andtheir settings.

Automobile-intensive use: A use of a retail area thatdepends on exposure to continuous auto traffic.

Blight: Physical and economic conditions within anarea that cause a reduction of or lack of full utilizationof that area. A blighted area is one that has deterio-rated or has been arrested in its development by phys-ical, economic or social forces.

Board of appeals: An appointed board that hears appeals on variances and exceptions.

Board of Supervisors: A county’s legislative body inArizona, California, Iowa, Mississippi, Virginia and Wisconsin, as well as 16 counties in New York. There areequivalent agencies in other states. Board membersare elected by popular vote and are responsible for en-acting ordinances, imposing taxes, making appropria-tions and establishing county policy. The board adoptsthe general plan, zoning and subdivision regulations.

Brownfield: Abandoned industrial site likely to havegroundwater or soil pollution that is a deterrent to re-development.

Buffer zone: An area of land separating two distinctland uses that acts to soften or mitigate the effects ofone land use on the other. For example, a screen ofplanting or fencing to insulate the surroundings fromthe noise, smoke or visual aspects of an industrial zoneor junkyard.

Community benefits: In planning and land use, thisrefers to developer exactions that are required as acondition of development. Some benefits will affectproject operations, such as wage requirements or traf-fic management rules. Other benefits will be com-pletely separate from the project, such as moneydevoted to a public art fund, or support for existingjob-training centers.

Conditional use permit: Pursuant to a zoning ordi-nance, a conditional use permit (CUP) may authorizeuses not routinely allowed on a particular site.

Covenants, conditions, and restrictions: A term usedto describe restrictive limitations that may be placedon property and its use, which usually are made a con-dition of holding title or lease.

Density, Employment: A measure of the number ofemployed persons per specific area (for example, employees per acre).

Developable land: Land that is suitable as a locationfor structures and that can be developed free of haz-ards to, and without disruption of, or significant impacto n, natural resource areas.

Easement: Usually the right to use property owned byanother for specific purposes or to gain access to another property. For example, utility companies oftenhave easements on the private property of individualsto be able to install and maintain utility facilities.

Economic development commission (or agency or authority): An agency charged with seeking economicdevelopment projects and economic expansion athigher employment densities. A possible ally for bring-ing in businesses such as grocery and conveniencestores to underserved areas.

Environmental impact report: A report required ofgeneral plans in some states and municipalities that assesses the environmental characteristics of an areaand determines what effects or impacts will result if thearea is altered or disturbed by a proposed action

Fiscal impact report: A report projecting the publiccosts and revenues that will result from a proposedprogram or development.

Greenfield: Farmland and open areas where there hasbeen no prior industrial or commercial activity, andtherefore where the threat of contamination is lowerthan in urbanized areas.

Greyfield: A blighted area — often a failed shoppingcenter — that is ripe for redevelopment.

Impact fee: A fee, also called a development fee, leviedon the developer of a project by a city, county or otherpublic agency as compensation for otherwise unmiti-gated impacts the project will produce.

Infill development: Development of vacant land (usu-ally individual lots or leftover properties) within areasthat are already largely developed.

Land use: The occupation or utilization of land or waterarea for any human activity or any purpose defined inthe general plan.

Leapfrog development: New development separatedfrom existing development by substantial vacant land.The development pattern created is sometimes referred to as sprawl.

Level of service: A scale that measures the traffic ca-pacity of a roadway or at the intersection of roadways.

Mixed-use: Zoning that permits various uses, such asoffice, commercial, institutional, light industrial andresidential, to be combined in a single building or on asingle site in an integrated development project. Abuilding with shops at street level and dwelling unitsabove is an example of mixed use.

Moratorium: A halt to new development or the issuance of permits. Moratoria are often imposed whilea new general plan or zoning ordinance is written orwhen infrastructure (water, sewer) facilities are inade-quate to accommodate additional growth.

National Environmental Policy Act: An act passed in1974 establishing federal legislation for national envi-ronmental policy, a council on environmental quality

and the requirements for environmental impact state-ments.

Neighborhood Resident Association: A Neighbor-hood Resident Association (NRA) is an organization ofresidential property owners, typically a voluntary, ad hoc political body. An NRA is organized to allow residents of a neighborhood to participate in local landuse debates with the political power and voice of agroup.

New Urbanism: A design philosophy intended to create a strong sense of community by incorporatingfeatures of traditional small towns. Compact, walkableneighborhoods with active streets are a few of the hall-marks of new urbanism.

NIMBY: Not In My Backyard. NIMBY groups oppose development based on its proximity to their residentialarea, schools, primary traffic areas and other factors —often to the detriment of the actual benefits of theproject itself.

Nonconforming use: A use that was valid whenbrought into existence but does not meet current zoning requirements.

Planning Commission: A body, usually having five orseven members, made up of residents appointed bythe city council, the mayor or the board of supervisorsto consider land use matters. The commission’s dutiesand powers are established by the local legislativebody and might include hearing proposals to amendthe general plan or rezone land, initiating planningstudies and taking action on proposed specific projectsand subdivisions. Planning commissions have broaddiscretionary power; their decisions can be appealedto the legislative body within the jurisdiction (the citycouncil or board of supervisors).

Redevelopment: The renewal and improvement ofolder commercial and residential areas through actionsor programs that encourage and facilitate private andpublic investment.

Right-of-way: A strip of land occupied or intended tobe occupied by certain transportation and public usefacilities, such as roadways, railroads and utility lines.

Setback: A minimum distance required by zoning tobe maintained between two structures or between astructure and property lines.


Smart Growth: A broad concept that describes a seriesof principles that encourage development that betterserves the economic, environmental and social needsof communities than do many of the principles thathave guided development in the post-World War II period. The U.S. Environmental Protection Agencyidentified the following ten principles of smart growth:

1. Mix land uses

2. Take advantage of compact building design

3. Create a range of housing opportunities andchoices

4. Create walkable neighborhoods

5. Foster distinctive, attractive communities with astrong sense of place

6. Preserve open space, farmland, natural beauty andcritical environmental areas

7. Strengthen and direct development toward exist-ing communities

8. Provide a variety of transportation choices

9. Make development decisions predictable, fair andcost effective

10. Encourage community and stakeholder collabo-ration in development decisions

Spot Zoning: Rezoning of a lot or parcel of land to per-mit a use incompatible with surrounding zoning andland uses. Spot zoning confers special privileges andbenefits upon the owner of the rezoned parcel, and isinconsistent with comprehensive planning and withzoning. Because zoning must be consistent with acommunity’s general plan, spot zoning is legally vul-nerable.

Sprawl: The process in which the spread of develop-ment across the landscape far outpaces populationgrowth. The landscape sprawl creates has four charac-teristics: a population that is widely dispersed in low-density development; rigid separation of uses, so thathomes, commerce and workplaces are segregatedfrom one another; a network of roads laid out to sepa-rate land into huge blocks and offering poor access;and a lack of well-defined, thriving activity centers,such as downtowns and town centers. Most of theother features usually associated with sprawl — a lackof transportation choices, relative uniformity of hous-ing options and difficulty walking from place to place— result from these conditions.

Sustainable Development: Development that main-tains or enhances economic opportunity and conferswell-being while protecting and restoring the naturalenvironment upon which people and economies rely.Sustainable development meets the needs of the pres-ent without compromising the ability of future gener-ations to meet their own needs.

Tax Increment Financing: A redevelopment agency’spowerful tool to issue bonds against the anticipatedadditional revenue of the tax increment. The additionaltax revenues result from increases in property valueswithin a development area. State laws permits the taxincrement to be earmarked for redevelopment pur-poses but requires a designated percentage to be usedto increase and improve the community’s supply ofvery low- and low-income housing.

Traffic Model: A mathematical representation of trafficmovement within an area or region based on observedrelationships between the kind and intensity of devel-opment in specific a eas.

Urban Design: The attempt to give form, in terms ofboth beauty and function, to selected urban areas orto whole cities. Urban design is concerned with the lo-cation, mass and design of various urban componentsand combines elements of urban planning, architec-ture and landscape architecture.

Use Permit: The discretionary and conditional reviewof an activity or function or operation on a site or in abuilding or facility.

Variance: A departure from any provision of the zoningrequirements for a specific parcel, except use, withoutchanging the zoning ordinance or the underlying zon-ing of the parcel. Variances are granted as limitedwaivers from the requirements of the zoning ordi-nance.

Zoning: The division of a city or county by legislativeregulations into areas, or zones, which specify allow-able uses for real property and size restrictions forbuildings within these areas; a program that imple-ments policies of the general plan.


Defining ORganiZatiOnal values

Here is an example of how a fictitious company named“Reddi Kwik” highlights its organizational values. Thiscan be a guide for your own document.

Our culture

At Reddi Kwik, we believe strongly in our mission state-ment, which states: We will provide our customers withtheir choices and needs in a way that saves them timeat the lowest price possible.

At Reddi Kwik, we feel strongly about treating ourteams like our family, which is why everyone from theowner on down is on a first-name basis.

employment

The store we are proposing at the intersection of MainStreet and Juliet will employ about 20 people, half willbe full-time employees and the other half part-time.Other than the store manager and two assistant man-agers who we are relocating from other sites, we planon hiring the remainder of the team from the localcommunity. This is because we don’t see our store asjust being there to sell products to the community, wesee it as part of the fabric of the community.

The reason the management team is coming fromother stores is simply a great example of our culture.We value our store associates, and provide them op-portunities for growth in our organization. This in-cludes training, tuition reimbursement and use of thecompany’s self-development resources such as booksand computer-based training. In fact, the store man-ager who will manage the store started as a cashierherself, and worked her way up to assistant managerand then became a store manager. Besides offeringthem a competitive wage, we also have a program thateach store shares its success with the entire team,where a portion of the profits are given to employeeswho have been with us all year, and a larger percentageis given of the improvement over prior year’s profitabil-ity. This encourages everyone to share an interest inproviding excellent service to the community theycame from, and help us find more efficient ways to runthe store.

New employees that we hire will learn more than justproviding excellent customer service. They will learnhow to be successful business people themselves.

As part of the Reddi Kwik family, we expect our associ-ate family to be polite, good Samaritans and ambassa-dors of both Reddi Kwik and visitors to the city thatstopped in at Reddi Kwik. We feel a professional look isvery important, so we ask that they all refrain fromwearing jeans and that they wear a collared shirt orsomething similar that looks professional. We providethem with our standard Reddi Kwik apron to keep theirclothes clean.

the location

We are proposing this site at the intersection of MainStreet and Juliet Street because there are no small gro-cers in the area, meaning that the community is under-served. Many people think that a convenience storeattracts a lot of traffic to a neighborhood, but our stud-ies show that Reddi Kwiks generally pull their cus-tomers from a two-mile radius of the store.

In this neighborhood, this means we will be able toserve the needs of about 2,800 families and 200 busi-nesses. Studies show that there is about 10,000 cars aday that drive through this intersection, and most ofthem are coming from the local area. Our experienceis that the amount of traffic probably won’t change be-cause of our store. In fact, where we have built theother four Reddi Kwik stores, traffic did not go up anyhigher than normal growth experienced on other localroads. This is the important reason why we chose thissite.


We could’ve chosen a site anywhere if it was possibleto attract people to it. But the phrase “build it and theywill come” really only worked best in the movie Field ofDreams. Convenience stores and small grocers savepeople time, so in order to help save time, they like toshop where they already are. Also, there are no localgas stations unless you drive for 10 miles. That meanslocal residents have to spend a couple of dollars ingasoline just driving to get it. Our convenience meanstheir savings.

hours of Operation

It is no secret that our Reddi Kwik stores are open 24hours a day. This is so we can be more convenient forthe community we are part of. We have looked at thedemographics of the area, and apparently many resi-dents work at the local hospital, and there are firemenand police officers in this neighborhood also. There isthe cigar factory on the other end of Juliet Street, andthe factory runs 24 hours a day also. So, many of thesepeople work the late-night shift, and when they getdone with work, they either have to wait till a time ofday that other businesses are open, or fill their needson their days off. Reddi Kwik wants to be there whenthey need us.

We learned that there is a regular police patrol in thisarea, and in speaking to some of the officers, they areapparently thrilled to be able to get fresh, hot coffeewhile they are working the late shift.

Our offer

At Reddi Kwik, we understand convenience. And noth-ing is more convenient than giving our customersquick service. In this day and age, we are all strappedfor time, and no one wants to wait on a long line notbeing productive. To ensure our customers get servedquickly, we have a rule that the checkout is never un-attended.

On average, our customers can come in, satisfy theirneeds and get in and out in less than four minutes.Those needs can range from getting cough drops, acup of coffee or a sandwich. We try to make sure thatall the basic needs of the community can be met in our stores, and we tell her what products we carry tomeet the unique needs of the community. All of ourcustomers can ask the store manager to carry items,

and if there is a sustainable need for that product, it willbe made a permanent part of the store.

We know that convenience stores have been knownfor hot dogs and snacks for a long time, because thatwas mainly what customers wanted. But in keepingwith our family atmosphere, we certainly want ourfamilies to be healthy. That is why Reddi Kwik lookingat how we can offer choices that are nutritious andhealthy in addition to products that can be consideredtreats.

Community focus

Reddi Kwik is proud to be part of the “We Card” program. We are proud to say that by following thisprogram, Reddi Kwik is never been cited for sellingbeer or cigarettes to underage customers.

We allow each store, as part of the family nature, to decide what local community charities and organiza-tions that they support. Some they do as a special proj-ect for a year, others do it every year. All four of ourexisting locations regularly support the local volunteerfire departments by volunteering their time at theirfundraising events. One store has bake sales to supporta local abused children organization. Another collectsdonations for the local food bank, and the employeestake turns making deliveries to it, and volunteer theirtime once a month working at.

Again, we see ourselves as part of the community, andthat means actively supporting it and making it strong.Since the employees come from this community, wetrust that they will identify what this community needsin terms of support. After all, we live here, too.

Unfortunately, we understand that sometimes peoplewill shop in our stores and accidentally drop trash thatdoesn’t make it into a trashcan. To address this, wemake sure that three times a day we clean our parkinglots and properties to make sure it doesn’t blow intothe neighborhood. Also, three times a week we will gointo the neighborhood and make sure there is no trashthat may have blown there. We know that all busi-nesses don’t have policies like this, and we hope to encourage the business community to join us in step-ping up the game.


tax generator

Another way we give back to our communities is in taxgeneration. We expect that the store will generate$200,000 a year in sales tax, $50,000 year in propertytaxes and almost a half million dollars a year in gasolinetaxes. These taxes will help maintain roads, support important local programs and, most importantly, relieve some of the burden on the local residents’ property taxes.

safety Concerns

Being a family focused community organization, safetyis another aspect that we feel strongly about. That iswhy the site we are proposing will utilize a design thatensures open floor plans, well-directed lighting andother security measures.

Our associates drop all $20 bills into an inaccessiblesafe, which also makes them less of a target for poten-tial criminals. And the fact that we offer complimentaybeverages or coffee (depending on department policies) to all police officers and firemen on duty is notjust a testimony to how we appreciate their service, italso means that they are frequently in our stores, mak-ing these stores even less of a target.

environmental Concerns

Being part of the community means not just lookingout for the welfare of the residents, but making surewe are good stewards of the environment. At our proposed site, we will be installing fuel storage tanksunderground and pipes that are double-hulled with asalt solution in between whose pressure is constantlymonitored. This means that any possibility of a leak offuel into the environment is practically impossible, because a drop in pressure of the saline solution wouldimmediately signal that there was some degradationof the inner or outer hull.

Our store associates all go through training providedby the local fire marshal to ensure that they are fullyknowledgeable regarding safe fuel handling proce-dures, and are able to respond to any situation. Wehave already spoken to the local fire marshal, and heinformed us that we have some of the best programsthat he has ever encountered, and is looking forwardto working with us.

Many businesses store trash dumpsters on their prop-erties. At Reddi Kwik, we have a special room insidewhere we compact all of our trash, which is then pickedup three times a week. By doing this, we don’t have anunsightly or smelly dumpster taking away from theclean look of our site. We are proud to say that we recycle three quarters of our trash stream.



naCsThe NACS reFresh initiative provides valuable insights about the contributions convenience stores are deliver-ing to the communities they serve. The following toolkits can be found at nacsonline.com/refresh:

• How Convenience Stores Work: The primer addresses common industry issues to allow retailers to tell theirstories in their communities.

• Public Relations Toolkit: An overview of how to effectively make public relations work for your business.

• Building the Business Case for Produce Sales at Convenience Stores: An analysis of industry and consumertrends with practical ideas to develop an enhanced produce offering in stores.

Industry fact sheets

OtheR ResOuRCesThere are a number of other resources to assist in planning for zoning approvals.

• american Planning association:

APA brings together practicing planners, citizens and elected officials on a

range of planning issues, with chapters in most states.

• the land use integrity Project:

By advancing sensible, smart growth policy solutions, the Land Use In-tegrity Project (LUIP) strives to ensure the long-term viability of American communities. LUIP can also be a

strong, third-party advocate for development projects.

• the nimBy Clearinghouse:

It provides information about the history and the evolution of the term, as well

as some of the problems inherent in the use of the term.

• Zoning Planning and land use:

A nationwide list of attorneys specializing in land use, zoning and permit-ting can be found here.

• why are there nimBys?:

Dartmouth Professor William Fischel looks at the sociology behind NIMBY.

Additional Resources

•

http://www.nacsonline.com/YourBusiness/Refresh/Documents/How-Stores-Work.pdf

http://www.nacsonline.com/YourBusiness/Refresh/Documents/PR-Toolkit.pdf

http://www.nacsonline.com/YourBusiness/Documents/Building-the-Business-Case.pdf

http://www.nacsonline.com/Research/FactSheets/pages/default.aspx

www.planning.org

http://landuseintegrity.org/

https://thenimbyclearinghouse.wordpress.com

http://zoning-planning-land-use.lawyers.com

http://www.dartmouth.edu/~wfischel/Papers/00-04.PDF


nOtes

National Association of Convenience Stores 1600 Duke Street, Alexandria, VA 22314 703/518-4272www.nacsonline.com/refresh