Law Seminars International Presents

An Advanced One-Day Workshop on

Impact Fees and Concurrency

Opportunities, limitations and innovative approaches

August 3, 2007
Washington State Convention and Trade Center in Seattle, WA
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Who Should Attend

Lawyers, real estate developers, builders, planners, local and regional government officials, consultants and corporate managers

Why Attend

Establishing concurrency review and impact fee programs is not a simple task. In the age of multiple taxpayer initiatives, finding funds to pay for public infrastructure and services has become a significant challenge for local jurisdictions and service providers. As a result of these funding challenges, local jurisdictions are increasingly looking to private-sector funding. However, there are substantial constitutional and statutory constraints imposed on private funding techniques such as impact fees. Concurrency has also increasingly become a tool to address the allocation of public funds and a means to handle funding shortfalls. This workshop will look at the opportunities and limitations of concurrency and impact fees in planning for and funding public facilities and services. The workshop will also highlight innovative approaches considered and implemented in the region. ~ Program Co-Chairs Bruce L. Disend, Esq., and Duana Kolouskova, Esq.

What You Will Learn

~ Impact fee regulation and implementation ~ Statutory underpinnings and case law ~ Concurrency in transportation, schools and parks ~ Climate change mitigation and impact fees ~ SEPA-based regulations ~ Development and implementation of ordinances ~ Properly tying fees to improvement plans

Agenda

Friday, August 03, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction and Overview
  Bruce L. Disend, Esq., Program Co-Chair
Kenyon Disend, PLLC / Issaquah, WA
  Duana Kolousková, Esq., Program Co-Chair
Johns Monroe Mitsunaga PLLC / Bellevue, WA
8:45 am Concurrency In Transportation, Schools and Parks
  Statutory underpinnings and case law
  Duana Kolouskova, Esq., Program Co-Chair
Johns Monroe Mitsunaga PLLC / Bellevue, WA
  Transportation concurrency: What are the requirements? How have most governments approached concurrency? What are the limitations and how can they be addressed? Report on Washington's legislative transportation concurrency studies and options for change
  Mark Hallenbeck, Director, Washington State Transportation Center
University of Washington / Seattle, WA
  Special issues on concurrency: Setting appropriate adequacy standards; concurrency review as de facto moratoria; the place of concurrency in the permitting process; concurrency and impact fees
  John C. (Jack) McCullough, Esq.
McCullough Hill, PS / Seattle, WA
10:30 am Break
10:45 am Climate Change Impacts from New Development: The Next Basis for Mitigation and Impact Fees?
  Legal developments in CA, MA and WA surrounding assessment and mitigation of climate change impacts as a basis for new mitigation requirements and impact fees; how to prepare for what may be the next wave of mitigation required for new projects
  Steven G. Jones, Esq.
Marten Law Group PLLC / Seattle, WA
11:15 am Impact Fees: Regulation and Implementation
  The impact fee statute and key cases
  Molly A. Lawrence, Esq.
Buck & Gordon LLP / Seattle, WA
  The Interplay of SEPA and Impact Fees; SEPA-based regulations
  Roger A. Pearce, Esq.
Foster Pepper PLLC / Seattle, WA
12:15 pm Lunch (on your own)
1:30 pm Impact Fees: Regulation and Implementation (con't)
  How jurisdictions go about developing and implementing their ordinances
  Bruce L. Disend, Esq., Program Co-Chair
Kenyon Disend, PLLC / Issaquah, WA
  Denise L. Stiffarm, Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
2:15 pm Methodology and Building a Record
  Best practices in developing transportation and capital improvement plans, and properly tying fees to the plans; specifying how much to be paid for by taxpayer money and developer money
  Jeffrey B. Taraday, Esq.
Foster Pepper PLLC / Seattle, WA
  Robert C. Sterbank, Esq., City Attorney
City of Mercer Island / Mercer Island, WA
3:15 pm Break
3:30 pm The Tug of War Between Regulator and Regulatee
  The view from those in the front lines
  Municipal planners
  Craig R. Ladiser, Director
Snohomish County, Department of Planning and Development Services / Everett, WA
  Property owners: How impact fees affect homebuilding, housing affordability and economic development: a look at impact fee inequities and inefficiencies
  David Toyer, Vice President for Government Affairs
Barclays North, Inc. / Everett, WA
5:00 pm Evaluations and Adjourn

Tuition

Regular tuition for this program is $595 with a group rate of $520 each for two or more registrants from the same firm. For government employees, we offer a special rate of $445. For students and people in their job for less than a year, our rate is $297.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Friday, July 27, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 6.5 WA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The workshop will be held at the Washington State Convention and Trade Center at 800 Convention Place (7th and Pike Streets) in Seattle, WA 98101.Sleeping rooms are available at the adjacent Sheraton Seattle Hotel (1400 Sixth Avenue, Seattle, WA 98104) for $189-209/nt. Reserve on-line at www.sheraton.com or via phone at 888-625-4988 and reference SET code 352710.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $605. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Bruce L. Disend, Program Co-Chair and partner at Kenyon Disend, PLLC, focuses on municipal law including land use, labor and employment law. He currently serves as the City Attorney for the Cities of Covington, Duvall, and Sammamish and previously was City Attorney for the cities of Bellingham, Puyallup, Maple Valley and Shoreline. Mr. Disend is a member of the Board of Directors of the Washington State Association of Municipal Attorneys.

Duana Kolousková, partner at Johns Monroe Mitsunaga PLLC, represents a variety of developers, property owners and developer/builder organizations on land use, environmental and real estate issues. Ms. Kolousková also provides advice to private clients and organizations regarding legislation, policy and long range planning issues.

Mark Hallenbeck is Director of the Washington State Transportation Center office at the University of Washington. He is working with the Puget Sound Regional Council to use findings of their area concurrency study to more effectively respond to the region's combined land-use and transportation growth needs.

Steven G. Jones is a partner with Marten Law Group PLLC and chair of the firm's Litigation Department. He has represented both municipalities and private developers on land use issues in litigation under NEPA, Washington's State Environmental Policy Act and Washington's Growth Management Act. Mr. Jones was recognized by "Washington Law & Politics" magazine as a "Super Lawyer" in Environmental Law.

Craig R. Ladiser is the Director of the Snohomish County Department of Planning and Development Services. His department supports and facilitates growth as contained in the comprehensive plan.

Molly A. Lawrence, a partner at Buck & Gordon LLP, represents a wide range of private and municipal clients on a variety of projects, including negotiating public-private development agreements, developing and implementing permitting strategies, and litigating before administrative hearings boards and in state and federal court regarding land use and permitting issues.

John C. (Jack) McCullough is a founding principal of the law firm of McCullough Hill, PS, where his practice concentrates primarily on land use law and real estate financing and development. His land use experience includes practice before state and local administrative agencies and hearing officers in areas such as Growth Management Act compliance, zoning, shoreline regulations, environmental compliance and wetland regulation.

Roger A. Pearce is the chair of the Environmental and Land Use Practice Group at Foster Pepper PLLC. He focuses his practice on land use permitting and litigation for both public and private clients.

Robert C. Sterbank is City Attorney for the City of Mercer Island and former City Attorney for the Olympia and Federal Way. He has taught and written extensively on land use and growth management issues, including impact fees and exactions, and represented the City in Olympia v. Drebick, 156 Wn.2d 289, 126 P.3d 802 (2006).

Denise L. Stiffarm, a partner at Kirkpatrick & Lockhart Preston Gates Ellis LLP, practices in the areas of municipal, land use and education law, advising clients on growth management, land use planning and permitting, real estate and environmental (NEPA/SEPA) review. She also works on a variety of public/private joint ventures and regularly advises special purpose, entrepreneurial public entities.

Jeffrey B. Taraday's practice at Foster Pepper PLLC concentrates in eminent domain, land use and municipal law. He represents both public and private clients on impact fee issues. Mr. Taraday is named as a "Rising Star" by "Washington Law & Politics."

David Toyer is Vice President for Government Affairs at Barclays North, Inc., where he oversees the development and implementation of the company's project, land use policy and political goals. Previously he managed Snohomish County land use matters for the Master Builders Association of King and Snohomish Counties.