| #e.23012 | Thursday 7:30AM to
Friday 4:30PM March 7-8,
2013 | CM | Multipart |
Land Use for a Lifetime: Changing Demographics & Shifting PerspectivesRocky Mountain Land Use Institute-University of Denver Sturm College of LawDenver, CO Shifting demographics and housing preferences are creating new challenges for modern land use professionals. Fifty years ago, urban flight referred to those fleeing the cities in favor of tidy suburbs, leaving behind blight and urban decay. Today, urban flight is reversed, as both Boomers and their children return to cities in droves, looking for urban attractions and modern living. Young families are seeking a balance: the good schools and family friendly features of the suburbs combined with the amenities and walkability of the city. They also want new development that protects their natural environment and iconic landscapes.
The times they are a changin’, and cities are racing to keep up. Whether it’s siting schools for young kids, improving accessibility for an aging population, or creating mixed use urban infill that can help meet the needs of a growing, changing population, land use planning can help communities face these new challenges. This year’s conference will focus on changing demographics, emerging trends, and the tools that can help communities grow and change to serve the shifting priorities of their populations.
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#a.172353Friday March 8,
3:00PM to 4:30PMAddressing Development Entitlements in the West: Distressed, Zombie and Premature Subdivisions |
CM |
1.50 L1.50 | The Lincoln Institute of Land Policy’s 3 year examination of development entitlements and distressed subdivisions throughout the intermountain west will conclud ... more The Lincoln Institute of Land Policy’s 3 year examination of development entitlements and distressed subdivisions throughout the intermountain west will conclude with publication of a final report in April 2013. This advance presentation of findings, case studies and policy recommendations will report on the results of an October 2012 experts convening, a westwide survey of planners and real estate professionals, and community efforts to address entitlement issues in Idaho, Arizona and Colorado.
OUTLINE:
I. Overview of Development Entitlements & Their Role in Shaping Development
II. Nature of Entitlements throughout west – based on parcel data from selected communities and survey results
III. Best Practices & Policy Recommendations to address entitlements, based on forthcoming report and Fall 2012 convening of experts
IV. Moderated Panel & Audience Discussion …. Have we learned anything that will make it play out different in the next boom & bust cycle
V. Next Steps
LEARNING OBJECTIVES:
• Understand the legal and planning framework for development entitlements and premature, obsolete and zombie subdivisions as well as potential mechanisms to address them
• Understand the extent and type of development entitlements throughout the intermountain west and their implications for development patterns, land markets and fiscal impacts
• Identify best practices, state and local policy options, and a process for addressing development entitlements in their community.
INNOVATION:
This session will present the findings from a three year research and demonstration project effort as well as the results of a fall 2012 experts convening that will consider current best practices and potential policy innovations to address the problems presented by excessive entitlements and distressed subdivisions throughout the western U.S. The information of best practices and innovative policy approaches will be of use both to communities that already face development entitlement challenges as well as communities that could face these issues in the future as the market for development recovers and eventually enters a new boom phase in some regions.
Instructors: Peter Pollock FAICP Peter Pollock, FAICP
Ronald Smith Fellow, Lincoln Institute of Land Policy
Boulder, CO
Peter Pollock, FAICP, is the Ronald Smith Fellow at the Lincoln Institute of Land Policy where he has been working with the Department of Planning and Urban Form to manage the Institute’s joint venture projects with the Sonoran Institute and the Center for Natural Resources and Environmental Policy at the University of Montana. During 1997–1998, Pollock was a Loeb Fellow at the Harvard University Graduate School of Design and a visiting fellow at the Lincoln Institute. He worked for almost 25 years for the City of Boulder, Colorado as both a current and long-range planner. Pollock began his career at the National Renewable Energy Lab in Golden, Colorado, where he specialized in solar access protection, energy-conserving land use planning, and outreach to local communities. He received his master’s degree in landscape architecture at the University of California, Berkeley and a bachelor’s in environmental planning at UC Santa Cruz.
Don Elliott FAICP Don Elliott, FAICP
Senior Consultant, Clarion Associates
Denver, CO
Donald L. Elliott, FAICP, is a Senior Consultant with Clarion Associates of Colorado, LLC, whose practice focuses on land planning and zoning, growth management, and international land and urban development issues. Mr. Elliott is the author of A Better Way to Zone, co-author of The Citizen’s Guide to Planning and the editor of Colorado Land Planning and Development Law. Don has a bachelor’s degree in Urban Planning and Policy Analysis from Yale University, a law degree from Harvard Law School, and a master’s degree in City and Regional Planning from the John F. Kennedy School of Government at Harvard. He is a past national Chairman of the Planning and Law Division of the American Planning Association and a past president of the Colorado Chapter of the American Planning Association.
Jillian Sutherland Jillian Sutherland
Economic and Community Development Project Manager, Sonoran Institute
Glenwood Springs CO
Jillian Sutherland is the Economic and Community Development Project Manager at the Sonoran Institute's Glenwood Springs office in Colorado. Previously, she was the Economic Development Assistant for a medium-sized municipality in the Chicago region where her work focused on community branding and economic revitalization. Additionally, she has a research background in transportation, land-use, and watershed planning, and she spent four years working for a real estate developer involved with the redevelopment of public housing in Chicago. Ms. Sutherland holds a master's degree in urban planning and policy from the University of Illinois and a bachelor's degree in sociology from Wheaton College.
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#a.172340Friday March 8,
10:15AM to 11:45AMAerotropolis Developments: Legal, Planning and Political Issues |
CM |
1.50 L1.50 | Aerotropolis is a relatively new term to describe a mixed-use, master-planned community that is anchored by an airport. This session will consider various key m ... more Aerotropolis is a relatively new term to describe a mixed-use, master-planned community that is anchored by an airport. This session will consider various key matters associated with an airport-centric development, including a discussion of the uses and synergistic relationships that are critical to making these developments successful. In addition to the planning aspects, the panelists will consider the multi-jurisdictional political and legal frameworks necessary to implement development projects within an aerotropolis.
Instructors: James T. Johnson James T. Johnson
Shareholder, Otten Johnson Robinson Neff + Ragonetti
Denver, CO
Jim Johnson assists real estate owners and developers in complex land use and development matters, including disputes regarding entitlement approvals and eminent domain. As part of his practice, Mr. Johnson often represents clients in the acquisition of real property, in securing annexation, zoning, subdivision or other local governmental approvals and in the negotiation of construction and design contracts. His litigation practice includes representing land owners in actions surrounding annexation, zoning and subdivision issues. Before commencing his legal career with Otten Johnson, he was an engineer with an international environmental consulting firm. In addition to his client work, Mr. Johnson serves as the firm’s Managing Director and on the firm’s Executive Committee.
Rita Connerly Rita M. Connerly
Director, Fairfield and Woods, P.C.
Denver, CO
Rita Connerly practices in the areas of real estate development and municipal law. She actively represents developers during the land use process, working closely with federal, state and local governments and neighborhood associations. Her practice encompasses all aspects of land use and real estate development, including zoning, title review, purchase and sale agreements, land leases and development agreements. Prior to joining Fairfield and Woods, Ms. Connerly served as in-house corporate counsel, responsible for securing land use entitlements, for a national land development company that she continues to represent. Ms. Connerly worked in the Adams County Attorney's Office, ultimately serving as the Adams County attorney and as general counsel for the Front Range Airport Authority and serves as special counsel on all Spaceport issues.
Evan Dreyer Evan Dreyer
Deputy Chief of Staff, Office of Mayor Michael B. Hancock
Denver, CO
Evan Dreyer currently serves as a senior adviser to Mayor Hancock, focusing specifically on development of a regional master-planned aerotropolis. Mr. Dreyer served as Mayor Hancock’s campaign manager, and from July 2011 until January 31 as the Mayor’s deputy chief of staff. Prior to the mayoral campaign, Evan served as communications director for former Governor Ritter. He also is a recovering journalist, having spent 15 years as a newspaper reporter and editor, including five years at the Denver Post. He oversaw the Post’s Pulitzer Prize-winning coverage of the Columbine High School tragedy and was the metro editor, overseeing day-to-day operations of the newsroom. A native of Boston, Evan graduated from the University of Denver in 1988.
Eliot Hoyt Eliot Hoyt
Principal, Design Workshop
Denver, CO
Eliot Hoyt has served as a real estate research market analyst and project manager in the Denver office since March 2004, and brings many perspectives to bear on every new project with his project management skills, abilities as an interpreter of complex content, and sales experience as a commercial art gallery director in New York City. Mr. Hoyt has a bachelor’s degree from Harvard University, magna cum laude, and an MB.A from the University of Colorado at Denver.
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#a.172344Friday March 8,
10:15AM to 11:45AMAvoiding Random Acts of Conservation: Setting Priorities for People and Landscapes |
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1.50 | Whether the goal is protecting land for wildlife habitat, working lands, recreation areas, or watersheds, how can you evaluate which land is most important to c ... more Whether the goal is protecting land for wildlife habitat, working lands, recreation areas, or watersheds, how can you evaluate which land is most important to conserve, protect, or restore? How are demographic changes, market forces, and a changing climate, among other drivers, pushing us to do more than commit “random acts of conservation”? Learn about a variety of techniques and tools that are effectively being used to move beyond business as usual to set priorities for land and water conservation while attending to community (and regional) planning and economic development goals.
Instructors: Susan Culp Susan Culp
Manager, Sonoran Institute
Phoenix, AZ
Susan Culp is the Project Manager for Western Lands and Communications, a joint venture of the Lincoln Institute of Land Policy and the Sonoran Institute. The partnership seeks to integrate conservation with development, and promote sustainability in the states of the Intermountain West. She oversees the Institute’s research and policy analysis projects to promote regional planning, improve management of state and federal public lands, and integrate energy, transportation, water and conservation infrastructure at a regional level.
Ole Amundsen III Ole Amundsen III
Manager, The Conservation Fund
Ithica, NY
Ole Amundsen III is the strategic conservation program manager at The Conservation Fund. A seasoned professional, with nonprofit and government experience, he focuses on assisting clients achieve their full potential by helping organizations complete strategic conservation plans, green infrastructure assessments and approach plan implementation holistically. Mr. Amundsen co-teaches courses on green infrastructure as part of the Conservation Leadership Network. He holds a bachelor’s in government from Colby College and a masters in city planning from the Massachusetts Institute of Technology.
Kelley Hart Kelley Hart
Associate Director, Trust for Public Land
San Francisco, CA
Kelley Hart is associate director for Conservation Vision at The Trust for Public Land. In that capacity, she has helped numerous communities across the country to develop priorities for land conservation to meet a wide variety of community goals. She is also the project director for an EPA funded program focused on improving state land use and water quality programs effectiveness in protecting drinking water. Ms. Hart has presented at workshops and conferences around the country on conservation planning topics, such as the ESRI GeoDesign Summit, Land Trust Alliance Rally, Galveston Bay State of the Bay Symposium, and River Rally. For the past seven years she has been a community park and greenway planner, leading and facilitating discussions for audiences on a regular basis.
Stephanie Weigel Stephanie Weigel
Regional Land Use Planner, Sonoran Institute
Twentynine Palms, CA
Stephanie Weigel is the regional land use planner in the Morongo Basin of southern California. Research as a Ph.D. geographer – using geographic information systems and remote sensing to document and analyze changes in landscapes and ecosystems – inspired her return to master’s studies in urban and regional planning to gain a better understanding of the policy settings that so profoundly impact communities and their landscapes. Ms. Weigel has worked in academia, state and local government, and with community-based non-profits. Her perspectives on place and community are informed in part by the diversity of places she has lived and worked, including North Carolina, Puerto Rico, Louisiana, Colorado and California.
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#a.172337Friday March 8,
8:30AM to 10:00AMBest Practices for Creating Equitable, Sustainable Communities Near Transit |
CM |
1.50 | Denver and other regions around the country are currently making major investments in transit infrastructure, presenting communities with tremendous opportuniti ... more Denver and other regions around the country are currently making major investments in transit infrastructure, presenting communities with tremendous opportunities to reorient development patterns and provide more transportation choices. The benefits of TOD have been widely researched and documented, yet how do we ensure that populations who need access to low cost transportation choices the most are able to benefit from living and working in neighborhoods built around them? In this session, attendees will hear several organizations who are working locally and nationally to ensure transit service and transit-oriented development are inclusive of everyone and provide benefits for all.
OUTLINE:
I. This presentation will start off with a statement of need:
a. Denver and other regions are currently investing billions of dollars in new transit systems and we presently have a once-in-a-lifetime opportunity to leverage these investment with smart and thoughtful land use decisions and allocation of resources.
II. Bill Sadler from Reconnecting America will provide an overview of the changing demographics of our communities, using the Denver region as an example. Reconnecting America created the Denver Regional Equity Atlas to use as a casemaking tool for the new economic, educational and health realities that the region will need to confront as FasTracks gets built out.
a. Some of the key findings from the Atlas are:
i. poverty is a regional issue; the region is interdependent;
ii. FasTracks will improve access to opportunity but gaps will remain;
iii. last mile connections are needed;
iv. the region needs targeted strategies for affordable housing and economic development.
b. Bill will also discuss how the Atlas is being used nationally as a casemaking tool for ensuring that TOD investments are equitable and include affordable housing.
III. Amanda Gonzalez from FRESC: Good Jobs, Strong Communities will provide an overview of affordable housing and transit oriented development (TOD).
a. Denver's Inclusionary Housing Ordinance (IHO).
b. Effects of Telluride v. Lot Thirty Four
c. RTD's policy on joint development.
i. recent changes
ii. development pilot sites
IV. Brad Weinig from Enterprise Community Partners will discuss funding and financing tools for maintaining affordable housing near transit.
a. TOD Fund.
b. Land acquisition funds in other regions
c. The role of Low Income Housing Tax Credits and other funding sources
V. Together, the three speakers will provide the audience with an overview of some of the new and innovative tools being uses by planners to influence community development decision-making, especially in low-income communities and communities of color that traditionally have not had the resources to invest in sustainable land use and transportation planning.
LEARNING OBJECTIVES:
• An understanding of equitable TOD
• Familiarity with Denver's IHO and the limitations caused by Telluride
• Understanding of joint development abilities and limitations
• Learn about current and emerging efforts in the Denver region focused on ensuring equitable land use and transportation decisions;
• Learn about how those in the nonprofit and philanthropic sectors are engaging in land use and transportation planning;
• Understand the importance of equity in land use and transportation planning, especially in light of changing demographics in the Denver region and the transformative impact of FasTracks on the region’s transportation options;
• see the value in using data and maps to demonstrate the opportunities and challenges present in metro Denver communities; and
• discover new tools and strategies for making land use and transportation decisions.
INNOVATION:
Our panel is put together by nonprofits that occupy the unique space of doing policy work and organizing. We are policy experts who are in touch with the community with is rare. While we do sit in planning meetings and help draft policy, we also knock on do Instructors: Bill Sadler Bill Sadler
Program Associate, Reconnecting America
Denver, CO
Bill Sadler is a Program Associate with Reconnecting America. He provides research, education and technical assistance support to agencies and organizations around the country who are interested in using transit and TOD as equity and economic development strategies for regional growth and improving quality-of-life. Mr. Sadler is based in Denver, Colorado, and is actively engaged in transit corridor planning, the Mile High Connects equity collaborative and healthy communities initiatives. He has a bachelor’s degree in economics and communication from Boston College, a master’s degree in urban planning from the University of Colorado and a law degree from the University of Minnesota.
Amanda Gonzalez Amanda Gonzalez
Policy Analyst and Staff Attorney, FRESC: Good Jobs, Strong Communities
Denver, Colorado
Amanda Gonzaelz is a passionate social justice activist and ardent supporter of economic opportunity and diversity. In her capacity as policy analyst and staff attorney at FRESC: Good Jobs, Strong Communities, Ms. Gonzalez advocates for policies that will help create and support good, family supporting jobs for Denver's working class.
Brad Weinig Brad Weinig
Program Director, Transit Oriented Development, Enterprise Community Partners
Denver CO
Brad Weinig is the TOD Program Director at Enterprise Community Partners, a national affordable housing non-profit. He is a member of the Mile High Transit Opportunity Collaborative as well as ULI Colorado’s Affordable & Workforce Housing Council. Mr. Weinig is a recent graduate of the University of Colorado’s Leeds School of Business MBA Program and has over six years of affordable housing finance experience.
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#a.172347Friday March 8,
1:15PM to 2:45PMBorn in a Small Town |
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1.50 | Small cities and rural America have public transportation needs that are just as compelling as those in big cities. Aging populations, young people, disabled ci ... more Small cities and rural America have public transportation needs that are just as compelling as those in big cities. Aging populations, young people, disabled citizens, working families and others who want—and need—transportation choices are working together as never before to make public transportation happen. Federal and state government resources have become available for small town and rural transit, and communities are leveraging this investment to great success. The panelists will discuss small city and rural transit success stories from around the country, with an emphasis on why and how success happened so that the lessons learned can be applied in other communities.
OUTLINE:
I. Introductions
II. Overview of rural transit
III. Case studies from Colorado, Montana, Idaho and California
IV. Questions
LEARNING OBJECTIVES:
• Learn about some of the barriers to success for small city and rural transit, and how to overcome those barriers.
• Learn about some of the strategies being employed by small cities and rural areas to promote successful transit systems.
• Learn how to leverage public and private investment to optimize transit system effectiveness.
INNOVATION:
The session provides participants with successful examples of rural transit, including: bus rapid transit, regional commuter transit, local circulators, land banking for future fixed guideway development, and rural transit oriented development.
Instructors: Roger Millar Roger Millar
Vice President, Smart Growth America
Billings, Montana
Roger Millar is a Vice President of Smart Growth America (SGA) and Director of SGA’s Leadership Institute and the National Complete Streets Coalition. He has held leadership positions in the public and private sectors, most recently as Director of the Missoula, Montana City/County Office of Planning and Grants. Mr. Millar is a Fellow of the American Society of Civil Engineers, a member of the American Institute of Certified Planners and a Certified Floodplain Manager. He is a member of the committee that produces the ASCE Report Card for America’s Infrastructure. He is Past President of the Oregon Section of ASCE and of the Montana Association of Planners.
Lisa Ballard Lisa Ballard
President, Current Transportation Solutions
Missoula, Montana
Lisa Ballard, P.E., has an academic foundation in transportation engineering with practical experience in transportation system analysis, cost-benefit analysis, public transportation, rural issues, transportation in national parks, and business management. In 2004, Ms. Ballard established Current Transportation Solutions. She helped start Streamline, Bozeman’s fixed-route service, and then served as Coordinator for four years. She also worked with Glacier National Park, helping establish their shuttle system. Recent work with the Yellowstone Business Partnership, Rimrock Trailways, and the Idaho Transportation Department, Butte-Silver Bow among others, is aimed at improving transportation in the northern Rockies.
Sarah Kline Sarah Kline
Policy Director, Reconnecting America
Washington, DC
Sarah Kline leads Reconnecting America’s work on Capitol Hill fostering healthy and prosperous communities that serve people of all incomes. Ms. Kline has worked as counsel to the U.S. Senate Committee on Banking, Housing and Urban Affairs and as the director of policy and government relations for the Washington Metropolitan Area Transit Authority.
Terry Supahan Terry Supahan
President, Supahan Consulting Group
Orleans, CA
Terry Supahan is the president of Supahan Consulting Group, which provides guidance to tribes, rural governments, and community development organizations.
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#a.172335Friday March 8,
8:30AM to 10:00AMColorado's New National Forest Roadless Rule |
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1.50 L1.50 | In July 2012, the U.S. Forest Service announced new rules for managing significant portions of the national forests in Colorado. In doing so, the Forest Service ... more In July 2012, the U.S. Forest Service announced new rules for managing significant portions of the national forests in Colorado. In doing so, the Forest Service was responding to requests by the Owens, Ritter and Hickenlooper administrations for rules that differ from those in all other Western states. This session will cover what the “Colorado rule” is, when it applies to development proposals, its relationship to common uses of the national forests including recreation, water development, oil and gas production, and how it affects efforts to prevent wildfires. The applicable rules in other Western states will also be referenced. Instructors: Lori Potter Lori Potter
Partner, Kaplan Kirsch & Rockwell
Denver, CO
Lori Potter is a partner at Kaplan Kirsch Rockwell. She has more than 25 years of experience in the areas of public lands, environmental, land use and water resources law and litigation. Prior to entering private practice, Ms. Potter served as Regional Director of the Sierra Club Legal Defense Fund’s Rocky Mountain Office, handling and supervising high-profile environmental litigation throughout the western states. She was a Fulbright Professor of environmental law in India in 1993 and has taught at the University of Denver College of Law. Her clients include governmental and quasi-governmental entities, businesses, ranches, non-profits and individuals.
Jim Lochhead Jim Lochhead
CEO/Manager, Denver Water
Denver, CO
Jim Lochhead is the CEO and Manager of Denver Water. He is recognized as one of the nation’s foremost water rights and natural resources attorneys. He is the former executive director of the Colorado Department of Natural Resources. He also was a shareholder at Brownstein Hyatt Farber Schreck, where he worked on issues relating to water rights, interstate water matters, Endangered Species Act, public lands and natural resources, zoning, land use and real estate development. Mr. Lochhead received his bachelor’s degree in environmental biology in 1974 and his law degree in 1978, both from the University of Colorado.
Bob Randall Bob Randall
Deputy Director, Colorado Department of Natural Resources
Denver, CO
Bob Randall is Deputy Director of the Department of Natural Resources (DNT) for the State of Colorado. He advises the Executive Director on the Department's policy, legislative, and communications initiatives. Mr. Randall previously served the Department as Assistant Director for Energy and Minerals and as Federal Lands Coordinator. He has extensive experience in energy, mining and public lands issues. Prior to joining DNR, Mr. Randall was a staff attorney for Western Resource Advocates and for Trustees for Alaska. He holds a law degree from Lewis and Clark School of Law in Portland, Oregon, and a journalism degree from the University of Missouri.
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#a.172343Friday March 8,
10:15AM to 11:45AMCommon Problems, Common Solutions, Common Law: Impact Fees and Special Permitting |
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1.50 L1.50 | This session explores two key issues prominent in development control regimes: the legal nature of impact fees, and discretionary permitting as a sustainable to ... more This session explores two key issues prominent in development control regimes: the legal nature of impact fees, and discretionary permitting as a sustainable tool. Some of the topics included in this discussion include the application of the common law to impact fees and the use of special permitting “to green” major developments. The panelists will provide a comparison of the common law with U.S. constitutional rules judicial concerns in relation to decision-making. Our commentary illustrates that the evolution of constitutional canon and of common law concepts have arrived at remarkably similar positions.
OUTLINE:
Session Outline
I. Impact Fees at Common Law – Ray Young (25 minutes)
a. the nature of common law fees
b. the nature of taxes
c. direct and indirect taxation and the constitution
d. regulatory fees in the land use realm:
e. public works exactions
f. amenities and other linkage exactions
II. Discretionary Permitting of Green Development – Alyssa Bradley (25 minutes)
a. greenhouse gas reduction
b. water conservation
c. geothermal heating
d. special permitting and the nature of discretion
e. special permitting and the consistency with the Comprehensive Plan
f. judicial concerns relating to discretion
III. Differences and Commonality of Common Law Principles and Constitutional Canon -
IV. A commentary by Julian Juergensmeyer (30 minutes)
a. American Commentary: Professor Julian Juergensmeyer (Georgia State University) as moderator will speak after each panel member and provide commentary on the similarities and differences between the constitutionalized principles applied in American jurisdictions and the common law principles applied in Canada.:
LEARNING OBJECTIVES:
• This session is designed for the track: “Introduction to Land Use Planning and Development”.
• To introduce young professionals to two key issues prominent in development control regimes: the legal nature of impact fees, and discretionary permitting as a sustainable tool.
• To illustrate the very basic and shared nature of the common law legal principles that underlie the exercise of the impact fee power and discretionary permit authority
• To place young American professionals in a broader common law universe so that they better appreciate the underpinnings and universality of many of the “constitutional” propositions that govern their lives in the United States.
• To illustrate that common problems have common solutions, and that there is a deep structure to the common law that manifests itself where common law jurisdictions grapple with the same legal problems.
INNOVATION:
This session is not promoting any form of innovative regulation pertaining to development land use. Its focus and its objectives are to add a new dimension to the world view of young American professionals by showing them that the basic legal concepts that they treat as constitutional principles are also fundamental applications of the common law in other related jurisdictions such as Canada and the United Kingdom. Its intention is to broaden their understanding of the shared value and universality of the common law’s concerns around impact fees, exactions and around discretion in development permitting.
As the title session suggests, there is value in understanding “Common Problems, Common Solutions and Common Law”.
Instructors: Julian Juergensmeyer Julian Juergensmeyer
Professor, Georgia State University
Atlanta, GA
Julian Juergensmeyer holds a Chair in Law at GSU and is Director of the Centre for Comparative Metropolitan Growth. He spent 30 years at the University of Florida before joining the Georgia State Law faculty. Mr. Juergensmeyer’s research specialties are land use, planning law, comparative growth management, and has published over 100 articles. His text on Land Use Planning and Development Regulation Law is widely used by U.S. Law schools and frequently cited by courts, including the U.S. Supreme Court.
Alyssa Bradley Alyssa Bradley
Barrister & Solicitor, Young Anderson
Vancouver, BC
Alyssa Bradley graduated from the University of Alberta with a bachelor’s degree in environmental biology and the University of Victoria Faculty of Law. She is a senior associate at Young Anderson, where her focus is on land use, sustainable development and enforcement. She has spoken at seminars on planning law at Simon Fraser University and the University of British Columbia. Ms. Bradley is co-chair of the Canadian Bar Association Environmental Law Subsection, and has authored papers for the PBLI, International Municipal Lawyers Association and the CLE Society.
Raymond Young Raymond Young
Barrister & Solicitor, Young Anderson
Vancouver, BC
Raymond Young, QC has been a partner at Young Anderson and has practiced as a full-time lawyer for 30 years. He has argued land use and growth management cases in all courts of British Columbia and in the SCC. Concurrently with his practice, he taught land-use law at the Faculty of Law University of British Columbia (UBC) for 15 years, and presently teaches the planning law course at UBC. He has been a visiting land use law professor at the University of Florida and Georgia State University. In 2004, Mr. Young was named a Senior US-Canada Fulbright Scholar.
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#a.172312Thursday March 7,
10:15AM to 11:45AMConservation Easements: The Good, The Bad, and The Ugly |
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1.50 L1.50 | Generous federal and state tax incentives offered to donors of conservation easements have led to both significant gains in land protection and significant abus ... more Generous federal and state tax incentives offered to donors of conservation easements have led to both significant gains in land protection and significant abuses. Panelists will discuss the dramatic growth in the use of conservation easements as a land protection tool; the role conservation easements play in landscape preservation efforts, particularly in the face of climate change; the generous federal and state tax incentives that are offered to easement donors; the abuses the tax incentives have engendered; the various laws that impact the creation, administration, and enforcement of conservation easements; and the role federal and state regulators play in both policing the tax incentives and ensuring the proper administration of the easements over the long term so they provide the promised benefits to the public.
OUTLINE:
I. Introduction
II. Requirements for Valid Conservation Easement Under State Law
III. Requirements for State and Federal Tax Incentives
IV. Abuses
V. Role of State and Federal Regulators
VI. VI Conservation Easements in Landscape Scale Conservation
VII. Conservation Easements and Climate Change
LEARNING OBJECTIVES:
• Attendees will learn the requirements for valid conservation easements under state law the requirements for the state and federal tax incentives offered with regard to conservation easement donations.
• Attendees will learn about the abuses the tax incentives have engendered and how to avoid engaging in abusive transactions.
• Attendees will learn about the role state and federal regulators play in policing the tax incentives and the administration of easements over the long term.
• Attendees with be introduced to issues regarding the broader role of conservation easements on large landscapes in a changing world.
INNOVATION:
By discussing the various types of conservation easements (term, terminable, and perpetual), as well as when conservation easements are and are not the appropriate land protection tool, the session will promote innovative thinking about how best to use conservation easements and when other conservation options should be used. Instructors: Nancy McLaughlin Nancy McLaughlin
Robert W. Swenson Professor of Law, University of Utah S.J. Quinney College of Law
Salt Lake City, UT
Professor Nancy McLaughlin is the Robert W. Swenson Professor of Law at S.J. Quinney College of Law at the University of Utah. She writes and lectures extensively on the issues of conservation easements and nonprofit governance issues. She is a member of the American Law Institute, a fellow of The American College of Trust and Estate Counsel, and an Observer to the Uniform Law Commission’s Regulation of Charities project. Professor McLaughlin is involved with a number of organizations including the Land Trust, Utah Open Lands and Vital Ground, Wildlife Land Trust, and the American Bar Association’s Real Property, Probate & Trust Law section. Since 2000, she has served as an editor of Real Property, Trust & Estate Law Journal. Professor McLaughlin received her J.D. from the University of Virginia School and a bachelor’s degree in psychology from the University of Massachusetts, Amherst. Frederico Cheever Frederico Cheever
Professor and Senior Associate Dean, University of Denver Sturm College of Law
Denver, CO
Federico Cheever is Professor of Law at the University of Denver Sturm College of Law. He came to Denver as an Associate Attorney for the Sierra Club Legal Defense Fund in 1987, and began teaching at the University of Denver College of Law in 1993, specializing in environmental law, wildlife law, public land law, land conservation transactions and property, and served as the Hughes/Rudd Research Professor at the University of Denver College of Law in 2002. Professor Cheever writes extensively about the Endangered Species Act, federal public land law and land conservation transactions. He has recently co-authored a natural resources casebook, Natural Resources Law: A Place-Based Book of Problems and Cases, with Christine Klein and Bret Birdsong.
Eric Meyer Eric Meyer
First Assistant District Attorney General, Office of the Attorney General
Denver, CO
Eric Meyer has been a practicing attorney since 2002 and has been employed by the Attorney General`s Office since 2007. Currently, he is employed in the Revenue and Utilities Section of the Colorado Attorney General`s Office and, since 2010, has represented the Colorado Department of Revenue. Specifically, Mr. Meyer handles litigation for the Department of Revenue involving disputed conservation easement tax credits as well as other tax matters. Prior to representing the Department of Revenue, Mr. Meyer represented the Colorado Department of Transportation in environmental matters, eminent domain, inverse condemnation, real property issues, and matters pertaining to the Colorado State Highway Access Code. He is a graduate of the University of Denver Law School and also holds an LL.M in taxation from the University of Denver Tax Program.
Luke Ortner Luke Ortner
Attorney, Office of Chief Counsel, Internal Revenue Service
Denver, CO
Luke Ortner is an attorney with the Office of Chief Counsel, Internal Revenue Service in Denver, Colorado. His work includes litigating cases involving claimed deductions for qualified conservation restrictions. Mr. Ortner frequently provides guidance and advice on conservation easements to IRS exam functions, including the Global High Wealth division. He graduated magna cum laude from the State University of New York at Geneseo and cum laude from Duke University School of Law.
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#a.172354Friday March 8,
3:00PM to 4:30PMConservation Investment Funds: A For-Profit Approach to Large Scale Conservation |
CM |
1.50 | Achieving future wildlife conservation goals on private lands requires that we develop new sources of funding, tools, and strategies. One promising new tool is ... more Achieving future wildlife conservation goals on private lands requires that we develop new sources of funding, tools, and strategies. One promising new tool is conservation investment funds. Conservation investment funds represent a growing billion-dollar sector, which deploys investment capital to acquire and operate property in order to generate risk adjusted financial returns (6%-15%) to investors while generating conservation outcomes. This session will introduce the concept of conservation investment funds, share examples of three funds, and provide time to discuss the opportunities and challenges for this tool and the potential for it to make a significant impact in the area of wildlife habitat conservation.
OUTLINE:
I. Introduction 101
II. Example: Lyme Timber
III. Example: Beartooth Capital
IV. Example: Carrus Lands
V. Question & Answer
LEARNING OBJECTIVES:
• Understand how private equity can partner with sustainable real estate transactions
• Better understand the sources of capital in this space
• Better understand the type of acceptable deal structure
INNOVATION:
Innovation in new real estate financing tools is as critical as ever given decreasing funding at the state and federal level. For conservation investments funds have deployed over $1B of new private equity into for conservation decide within the past decade.
Instructors: Stephanie Gripne Stephanie Gripne
Research Fellow, University of Denver
Denver, CO
Dr. Stephanie Gripne a Research Fellow at the University of Denver Daniels College of Business where she researchers Impact Investing and Philanthropy and is developing the first academic research project on Program Related Investments. Ms. Gripne is the founder of the Compatible Ventures, LLC. She is also a visiting professor at Virginia Tech's College of Natural Resources teaching courses in Ecosystem Services, Carbon, and International Conservation Issues. Previously, Ms. Gripne was responsible for Operations of the Eco Products Fund LP, prior to which she worked for The Nature Conservancy of Colorado, where she focused on conservation real estate and conservation finance strategies that aimed to monetize ecosystem revenue streams. Ms. Gripne has over 15 years of experience working in the natural resources arena and is an Aspen Institute Environment Forum Scholar, Environmental Leadership Senior Fellow, Property Environment Research Center Fellow and Advisory Council Member, Ford Foundation Community Forestry Fellow, and Boone and Crockett Professional Member.
Daniel Dygert Daniel K. Dygert, Esq.,
President, Carrus Land Systems, LLC
North Logan, UT
Dan Dygert spearheads Carrus’ operations, including project evaluation, land acquisitions, management, and conducting negotiations on land acquisitions, utility easements, and conservation easements. Mr. Dygert has also been the primary liaison with Carrus' financial partners. His work as an attorney includes acting as counsel for a hydropower development firm throughout its growth, as well as many other transactions involving mergers and acquisitions, real estate transfers, leveraged-lease transactions, and miscellaneous corporate matters, with individual transactions in excess of $250 million. In 2010, Mr. Dygert was invited to sit on the Utah Governor’s Stream Access Task Force after working closely with state legislators to pass a bill restoring streambed ownership to landowners following an adverse 2008 Utah State Supreme Court ruling. He received his law degree from the University of Arizona, College of Law.
Carl Palmer Carl Palmer
Founder and Principal, Beartooth Capital
Bozeman, MT
Carl Palmer is Principal and co-founder of Beartooth Capital. He also co-founded and was President and CEO of Greenbridges, LLC, a conservation-oriented real estate investment company investing in ranches in the American West. Prior to Greenbridges, Carl was Executive Director of the Ogden Nature Center, a land trust and education center with two wildlife sanctuaries in Utah. Mr. Palmer also worked at the Teton Science Schools in Jackson, Wyoming, working with the Executive Director and Grand Teton National Park Superintendent to launch the Murie Center, a nonprofit dedicated to building on the conservation legacy of some of our nation's foremost conservation leaders. He received a bachelor’s degrees in architectural studies and environmental studies from Brown University, and earned his MBA from the Graduate School of Business at Stanford University.
Peter Stein Peter Stein
Managing Director, Lyme Timber
Hanover, NH
Peter Stein joined Lyme in 1990 and provides leadership in the development and structuring of conservation-oriented land purchases and dispositions and manages Lyme’s conservation advisory business. Prior to joining Lyme, Mr. Stein was Senior Vice President of the Trust for Public Land, directing their conservation real estate acquisitions in the Northeast and Midwest. Mr. Stein lectures extensively at graduate schools and professional conferences on conservation investment schemes and strategies. He serves on the Boards of the Appalachian Mountain Club, Island Press, National Alliance of Forestland Owners, the Forest History Society and the Hubbard Brook Research Foundation. In addition, he is a former Board Chair of the Land Trust Alliance and a founding Commissioner of the Land Trust Accreditation Commission, and serves as a member of the Advisory Board of Rose Smart Growth Real Estate Fund No. 1.
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#a.172350Friday March 8,
3:00PM to 4:30PMCreating Fire-Adapted Communities: A Unified Approach to Wildfire Planning |
CM |
1.50 | Recent wildfire seasons across the Western U.S. remind us how BIG the scope and scale of community impacts can be from a wildfire disaster. The fire adapted com ... more Recent wildfire seasons across the Western U.S. remind us how BIG the scope and scale of community impacts can be from a wildfire disaster. The fire adapted community approach recognizes that fire is part of the natural landscape, and acknowledges that we must plan, prepare and act at multiple levels if we are to increase our resilience to the next wildfire. This session focuses on several of the key elements to becoming fire adapted, including the use of partnerships and collaboration to promote forest restoration at the landscape level and the creation of wildland-urban guidelines to reduce risk. Finally, we will use a case study to explore the land use planning considerations and lessons learned from the 2012 Waldo Canyon Fire.
OUTLINE:
• Moderator: (10 minutes)
o Provide introduction to fire adapted communities session and speaker bios:
o All elements & programs fit together to address wildfire planning – Community wildfire protection plans, education and outreach, regulations, voluntary homeowner recognition programs (Firewise), fire department participation (Ready, Set, Go!), land use and site planning, landscape treatments, etc.
o We need to think beyond the small building/lot level scale but that wildfire planning also requires large landscape level planning
o Voluntary programs can work in concert with regulatory planning in context of fire adapted communities
• Speaker 1: Molly Mowery, National Fire Protection Association (20 minutes)
o The role of forest restoration in making a fire adapted community
Overview of impacts to communities from recent wildfires, including damage to water supplies, post-fire flooding, loss of economic and recreation opportunity, etc.
Need for the fire adapted community equation to include resilient forests in strategic places and at meaningful scales.
Role of locally-based forest collaboratives in improving the pace and scale of forest restoration.
• Examples: Front Range Roundtable / Uncompahgre Partnership
Benefits that more resilient forests can provide to communities while also increasing their options for better preparing themselves for fire.
• Speaker 2: Dan Gibbs, Summit County Commissioner/ Wildland Firefighter (20 minutes)
o How Summit County, Colorado is taking proactive planning measures to prepare for large scale fire activity as they plan for the next forest.
o Measure 1 A passed that authorizes a property tax levy for wildfire protection and the reduction of beetle-kill trees, for the preservation of open space and trails, for public lands and improvements including. Original funding level set at $500,000.00 annually.
o Summit County Wildfire Council created to help prioritize implementing the Summit County Community Wildfire Protection Plan and working to coordinate Federal, State, Municipal, County and private efforts.
o Section 44, a Summit County amendment to the Uniform Building Code that focuses on the Wildland Urban Interface development and planning and creates a hazardous rating that local fire protection districts create with benchmarks on how to mitigate the risk of fire activity.
• Speaker 3: Christina Randall
o Case study on Colorado Springs and Waldo Canyon Fire – June 2012
Mitigation program highlights: mapping and risk identification, different types of wildland urban interface neighborhoods, long-term funding streams, voluntary homeowner program, roof ordinance, engagement of different partners
Lessons learned from Waldo Canyon Fire: when mitigation cannot be guaranteed, how and why some homes burned, how planners might consider better site planning & development to include wildfire hazard
• Facilitated Question & Answer: (20 minutes)
Instructors: Molly Mowery Molly Mowery
Fire Adapted Communities Coordinator, National Fire Protection Association; Program Manager, Fire Adapted Communities & International Outreach
Centennial, CO
Molly Mowery currently manages the Fire Adapted Communities program within the National Fire Protection Association’s Wildland Fire Operations Division, as well as coordinating other division initiatives, such as wildland fire regulation studies and international outreach. Her prior experience includes advising communities and government agencies throughout the United States and internationally on hazard mitigation, sustainable development, and land use planning. Ms. Mowery holds a bachelor of ats degree from Naropa University and a master’s degree in city planning from the Massachusetts Institute of Technology.
Dan Gibbs Dan Gibbs
County Commissioner, Summit County Government
Breckenridge, CO
Dan Gibbs, was elected as Summit County Commissioner in 2010. He serves as Chair of the Summit County Wildfire Council. Prior to being elected as a County Commissioner, Dan served as a State Senator for Senate District 16 and State Representative for House District 56. While at the State Capitol, he sponsored 12 forest health and fire related pieces of legislation. He’s a certified Wildland Firefighter, serves on the Board of the Western Governors’ Association Forest Health Advisory Committee, and Chaired the Select Interim Committee on Wildfire Issues within the Wildland Urban Interface in 2008.
Christina Randall Christina Randall
Wildfire Mitigation Administrator, Division of the Fire Marshal
Colorado Springs, CO
Christina Randall is the Wildfire Mitigation Administrator for the City of Colorado Springs Fire Department in the Division of the Fire Marshal. The Colorado Springs Wildfire Mitigation program addresses wildfire risk through education, outreach, development review, fuels management, volunteer program management, land stewardship and grant administration. “Sharing the Responsibility” is more than a tagline, it’s how program staff works with various groups including residents, homeowner associations, property management companies, insurance companies, non-profits, volunteer organizations, local, state and federal agencies. Ms. Randall has spent more than 29 years in fire and fuels management with the US Forest Service and the Colorado Springs Fire Department. She has a bachelor’s degree in natural resources management from Colorado State University.
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