فیلم برنامه‌ریزی استفاده از زمین و طرح‌بندی برای بهبود سلامت عمومی: بررسی مسائل قانونی

Title:Land Use Planning and Zoning for Public Health: Exploring Legal Issues

این جلسه بر مبنای قانونی برنامه ریزی برای ارتقا و حفاظت از سلامت عمومی از طریق استفاده از زمین و منطقه بندی گسترش خواهد یافت. سخنرانان به ارتباط تاریخی بین منطقه بندی، سلامت عمومی، و عدالت زیست محیطی و همچنین چالش های قانونی و اخلاقی منطقه بندی برای سلامت خواهند پرداخت. نمایندگانی از آژانس‌های ملی و محلی دیدگاه‌های خود را ارائه خواهند داد و سپس یک جلسه پرسش و پاسخ قوی با حضار برگزار خواهد شد. مجری: Montrece McNeill Ransom، JD، MPH، سرپرست تیم، آموزش و توسعه نیروی کار، برنامه قانون سلامت عمومی، CDC سخنرانان: Chris Kochtitzky، MSP، مشاور ارشد، فعالیت بدنی CDC و شعبه سلامت. تری هاردینگ، AICP، برنامه ریز اصلی، مترو و برنامه ریزی جامعه، شهر یوجین، اورگان؛ و ملیندا راموس، جی.دی.، دستیار ارشد دادستان شهر، بخش انطباق با قوانین و مقررات، شهر فورت ورث، تگزاس (برچسب‌ها به ترجمه) بهداشت عمومی

قسمتی از متن فیلم: Hello good afternoon everyone or good morning if you are not on the East Coast my name is Anna Rocklin and I work at the American Planning Association in our planning and community health center based in Washington DC I am so excited to be offering today our second session

On planning law and health planning and zoning for Public Health exploring legal issues in partnership with the Centers for Disease Control and Prevention and APA is cloning and division we have a great set up of panelists to speak to you today who have expertise on the history of planning and how this how

We can think about planning law in today’s world as it can impact Public Health but first I want to have a introduction from our representative from the planning and law division Jennie Nolan thanks so much Anna and hi everyone the planning a lot of vision is really really thrilled to help host in

This webinar series of one of the major elements in our whole mission is to really serve as a clearinghouse for important legal concepts and techniques developed the intersection of planning in law and educate our members and and others get information out there regarding those ideas and in this

Instance an understanding of the legal basis of planning to promote and protect public health through land use is critical to implementation to actually seeing on the ground change in our communities so certainly we were really thrilled when and invited us to get involved and I just wanted to say the

Things but what we have going on that’s related in my day job at Pease universities land use Law Center we’ve been working with a team of students on pulling the best practice examples together for comprehensive plan and zoning code provisions related to public health as part of building out the EPA’s

New york metro chapter of planning for health planners our health toolkit and the planning and law Division we publishing an article on this research in our summer newsletter so keep an eye out for that and thank you so much for joining us for being interested in this

Topic I’m excited to hear the lessons that our speakers have to offer as I’m sure all of you are so the fad I will turn things back over to Anna to get us going thank you thanks Jenny yes we are happy to have you here and I also want to note for

Everyone on the line that we are recording this webinar and it is being offered for one and a half credit a ICP lot of credit so I wanted to move on to the webinar selves and mantras MacNeil ransom from the Centers for Disease Control intervention is our moderator today

Welcome Montrese montrezl is with team lead at the public health law and training workforce development office at the CDC and I’ll turn it now over to Montrese Thank You Ana and I think you everyone who has joined us this afternoon or this morning of course depending on what time

Zone you’re in as mentioned my name is Montrese MacNeil ransom and I serve as a team lead for public health law training and workforce development with CDC’s public health law program where our mission is to advance the use and understanding of law as a public health tool today’s webinar is focused on land

Use planning and zoning for Public Health and we’re going to be really looking at the legal issues through three perspectives this webinar is sponsored by the American Planning Association planning and law division and moderated by CDC’s public health law program so this 90-minute session is really going to explore the connection between health

And the built environment highlight legal and ethical issues and considerations related to zoning and environmental justice health the fairies and also provides recent examples of community approaches to incorporate health goals into their comprehensive or sustainability plans we are fortunate to have an excellent panel of speakers with us today and after briefly introducing

Them I’m going to turn the mic over to them and we’ll get started with the substance of our program I’m going to introduce each speaker they’re going to provide their remarks and then I will return to moderate the Q&A portion of the webinar all right so our first speaker is Chris

For tips key and Chris is a senior advisor in CDC’s physical activity and health branch Chris has held several CDC leadership roles including deputy director of the vision of human development and disability and deputy associate director of the National Center for Environmental Health Office of planning evaluation and legislation

He’s also served as coordinating lead for cross agency work in healthy communities healthy transportation and healthy homes Chris is also a member of the American Planning Association and the American Public Health Association and the National Environmental Health Association and over his career his personal areas of research interests have included health policy analysis

Public health law and vulnerable subpopulations most recently Chris’s work has focused too focused on analyzing the impacts of a local community designed and built environment choices on public health areas such as physical activity environmental health disability related accessibility Aging in Place and injury prevention Chris holds a master’s of

Science and urban and regional planning and is also an adjunct faculty in Hemery at Emory’s Rollins School of Public Health my alma mater our second speaker is going to provide us the legal perspective and that is Melinda Ramos Melinda has been employed with the Fort Worth City Attorney’s Office since 2002

And after serving as a prosecutor for two years she moved into the transactional decisions and since that time has really focused on giving advice to the City Council and it served as a primary legal adviser to the City Planning and Development Department and the Planning and Development land-use

Boards and commissions as well as serving as a legal adviser our natural gas drilling regulations and economic development issues miss Ramos is the second section chief of the land use and regulatory compliance section which is responsible for regulations governing the use of land in the city grant funds from state and federal

Agencies enforcement of code compliance and also matters pertaining to the city’s water and storm water utilities before joining the city miss Ramos earned a BA in history from the University of Texas at Austin and her law degree at Texas Wesleyan University School of Law and she received her

License in 2001 our third speaker is going to really sort of bring it all home for us today and provide a cage study of how all of this comes together in a local initiative and is Miss Terry Harding she served as a principal planner for Metro and community planning

In Eugene Oregon and holds a master’s degree in community and regional planning from the University of Oregon she’s got a bachelor’s degree in environmental studies from the University of California Santa Barbara and it’s worked for county state and city governments doing long-range planning for 14 years in addition to

Eight years of experience in land use consulting and Terry is currently leading the city of Eugene’s urban growth boundary adoption process which is a big step towards implementing the envision Eugene community visions for managing the next 20 years of growth and with that set of introductions I will go

Ahead and pass the mic to Chris all right can everybody hear me can everybody hear me yes all right afternoon or good morning as you said I’m Chris katimski and I work in CDC’s got Kitty Hawk branch and I’m going to try to kick us off by starting with some

Of the the basic historical concepts that underpin both public health and land use and zoning law and let’s see sorry I am NOT the slides are not advancing I can’t dance okay then let’s do that go to the next slide please thank you so as I said that the historical background interestingly

Enough for those who don’t know it’s very much overlapping focus planning and public health both started in the late 1800s and early 1900s and the original Supreme Court case that validated land use law and Zoning as a legal governmental power Euclid that many of us in planning are

Familiar with actually cited an earlier case Jacobsen that had to do with public health and indicated that zoning at that time was a legal governmental power because it was designed to protect the public’s health at that time a zoning within its very infancy people really believed in single use zoning because

They were trying to keep the toxic tanneries away from the residential tenements however as our understanding through the twentieth century has has evolved what we’ve begun to understand is that it’s important to keep some uses away from each other but the single use zoning has some significant negative consequences next slide please

So recently the US community Preventive Services Task Force that is a non-federal entity related to the Department of Health and Human Services has examined the evidence base around specifically how built environment land use and transportation related decisions have an impact on physical activity as a for instance

And so that panel is made up of non-federal unpaid experts who advised us in the federal government and the rest of the world on the what the strongest science base for some of our decisions are our next slide please in this particular review we identified over 61,000 papers that have

Been written in the last 15 to 20 years related to built environment and transportation interventions it may or may not affect physical activity and out of that 1000 plus papers we identified almost a hundred that were of the highest quality and those ninety studies for the basis of this particular

Recommendation from the task force next slide please specifically it it makes a two-pronged recommendation basically what the task force found was that if you just affect the the transportation pathway be that Sidewalk bike lane or transit corridor it won’t necessarily provoke people to be more physically active but on the

Other hand if you just address the land use the activities along the pathway they may increase the use of those activities but people will mostly drive to them so the recommendation is based on a set of activities from either of those two sides the pathway side and the land use and environmental design

Element side so within those they’re very much related to in both cases things like land use law and Zoning policy elements related to Complete Streets policies and active design codes on the one hand and mixed-use zoning and residential density on the other next slide please so I’m going to very quickly go through

The specific elements that were identified in the in the science review on the one side things in in the codes and design world that relate to Street design and connectivity pedestrian infrastructure Alexi walks and traffic calming bicycle infrastructure like protect protected bike lanes and street to street lighting and public transit infrastructure and

Accessibility on the one hand next slide please combined with at least some activities on the land-use and in Bernal design side such as mixed plan use giving people things to do along the improved pathway residential density to ensure that there’s enough people along the improved pathway proximity to community

Or neighborhood destinations like banks grocery stores and health facilities as well as parks and recreational facility access again to give people things to do along the pathway next slide please the reason I went through quickly that is that so many operationalizing so many of those elements of that recommendation

Involve the activities of many people on the phone today and the subject matter of this particular webinar master planning zoning and land use law Complete Streets policies the the policies that go on with safe routes to school school siting if the schools aren’t close enough to where the kids

Live there’s no way they’re going to walk or bike back to the street and building design guides and of course economic development incentives next slide please quickly what I want to do for the rest of my time is to go through a little bit of what has been done out there by way

Of creating research translation as well as best practices and highlighting a few success stories so in the area of master planning you can see that APA has taken a lead in defining what our best practices for comprehensive planning they’ve identified comp plans such as the template eros plans that is very

Much focused on active living some of the best quality planning out there and we also have partner organizations like change lab solutions that have created model talk plan language related to Complete Streets and these kinds of policy interventions can include things like multimodal districts mobility fee exemptions to pay for traffic calming

And bicycle facilities and to ensure that there’s pedestrian bicycle and transit connectivity and mixed-use in mixed income districts all of those things are critical to people being safe and active in their daily lives next slide please in the area of land use law and Zoning more specifically there are a number of

Groups out there who are either doing research such as my colleague Jamie Sharkey at University of Illinois at Chicago looking at what are the elements of active living oriented zoning that can support physical activity and as the researchers define some of those critical elements again the partners

Both like change lab that did the move this way guideline that you can see at the top as well as the Metropolitan Planning Organization in Chicago see map that created partnered with a number of people to create the form based codes guide that you can see at the bottom all

Those things are designed to support zoning code decisions subdivision code decisions and in some cases and I apologize for the way the slide has kind of run off the bottom there unified development codes that cover zoning subdivision and even building codes all in one that those follow the best

Practices that support safe and active living in our communities next slide please I wanted to cover form based code that many of you may be aware of this but as opposed to the traditional Euclidean and zoning code that is there much separation of uses this encourages mixed

Uses as long as there aren’t any dangerous ones it encourages mixes of housing types and it tailors the zoning requirements to the specific places and the individual residents of those places there needs creating a sense of place that’s driven by local residents business owners and and such is absolutely critical to

Creating the communities that are safe and active and accessible next slide this is just a quick example of one particular sheet in a form-based code and the things I want to point out is it’s it’s considered by some people to be a stronger version of code because it

Mixes text with tables and graphics to drive home the specific design elements that the local residents and business owners have collaborated on trying to create the community that they want next slide please and this shows how what’s called context-sensitive design it operationalizes that form based code you have different contexts and different

Zones and districts that go from very rural to urban to a different type of urban commercial district and within each of those zones or districts you have a particular kind of zoning code that supports those activities next slide please again sort of to flesh out the context sensitivity it defines the kind of

Activities and the design criteria that will support those activities it’s a mixture of building and street design and again it tries to serve the needs of all use be they automobile bicycle or pedestrian for instance next slide moving on to Complete Streets policies those are only really successful if they

Are merged with land use and zoning policies that are supportive of all users and that create the Complete Streets for those who are familiar with the term Complete Streets those are at its highest level just streets and streets gates sidewalks included that support the safety and the accessibility

For all users be they on foot on bike transit user or automobile user and again the the way these policies have to integrate with other land use and zoning policies are that they lay out exactly how both the zoning and land use policies need to operate as well as the

Design operation construction and maintenance of the streets they try to move the the design and maintenance of the streets as the local users define what they want shifting the status quo from the fairly Auto dependent communities that we have created to one that’s a more of mixed users and they

Tend to try to seek more equitable allocation of resources as well and you can see that there are a list of best Complete Streets policies it’s published each year and guides to building healthy streets that again have been created by colleagues at the change web solutions group next slide please

Specifically and a lot of this may seem like it’s all local activities but there are a number of states that have gotten involved to try to support these activities and one of them is North Carolina that’s completed that’s created a Complete Streets planning and design guideline and you can see here that in

This guide and and link to the guide which is available to everybody is at the bottom you can see that they lay out both in pictures and words and descriptions everything from dense central business districts all the way to rural villages and countryside and next slide please

They also in the same guide they they lay out how different users and uses can interact safely and smoothly and harmoniously whether you’re talking about an urban or suburban Main Street or a rural village Main Street again this is how the code can really both graphically and in terms of legal text

Can be a facilitator or a barrier next slide please safe routes to school policies are absolutely critical and again are dependent on how land use and zoning operates in the area the reason I think that they’re so critical is that children are a potentially vulnerable population because they don’t

Necessarily have the instincts or the experience that adults do but also we form our habits and our expectations early in life and if the generation kids are growing up today grow up expecting to have a very physically active community engaged life I think they’ll carry that into adulthood and the policy and legal

Decisions and structures that we put in place will either support that or be a barrier and again we have partners at the safe routes to school National Partnership that change lab solutions and other places that have created guides and models to support decisions throughout the country next slide please

Finally there there is a mixture of active design guidelines that focus on whoops back one please that focus on the interaction between buildings and building choices and the larger streetscape and this is New York guidelines that there’s a whole set of supporting documentation that go with their active design guidelines but it

Actually lays out how the building’s the land uses and the streets interact to support safe and active transportation from making stairs more visible to planning and stroke and constructing buildings and streets with a wide variety of uses so that people have reasons to be out and being physically

Active always as we promote more physical activity we want to keep in mind that we want to do it safely and so there is also a design supplement that deals with the the interactions of the uses and how to keep pedestrians and bicyclists of all ages and levels of

Mobility and experience safe while they’re being active next slide please finally economic development some of you may get involved in this because with economic development there are often contractual responsibilities but there’s a huge amount of money that’s out there in the community development world that

Has begun to get in to what we call the zip code Improvement improving business and the number of that community developers have begun working through the Federal Reserve Bank’s and others to engage both the public health sector and the hospital and healthcare sector to try to make sure that as they do

Development or redevelopment that they do it in a way that it promotes and protects public health next one so these are some of the resources that are out there as you all begin to think about what you may want to do or change or do differently then the main purpose

Of what I hope that I’ve carried across is that there’s very little that needs to be invented from scratch there is a huge set of groups and activities that have already blazed a trail to some degree and roots like change lab the public health law Center and national Complete Streets coalition

Have developed both guidelines and models so that if you’re in a mode of wanting to not necessarily infect something new there’s plenty out there to base your first dive into these areas I think that is the end of my slides so I will turn it over to our next presenter

Good afternoon everyone my name is Melinda Ramos and I’m a city attorney for the city of Fort Worth and I practice in land use as much he gave you my interim course and what I’d like to do is go over with everyone the legal issues in a planked rezoning or else

So we start at the beginning and so the beginning is you know what is our our legal authority as communistic a letís or other governing bodies to adopt regulations and so the regulatory authority comes from our police powers the power to adopt regulations in the interest of the public’s health safety

Welfare and morals and that regulatory authority is largely delegated to municipalities or it’s delegated through the local level in Texas we are a kind of a home little state so as long as your population is above 5,000 and you’ve adopted a charter rule you kind of have a lot of ability to regulate

Except where of course you interact or come come into the regulations with be accomplished with state and federal government what I’ve experienced in particularly here in Texas that impacts this is increasingly local authority is being attacked at the state legislative level in Texas and our most recent legislative session that just ended in

May in a current special session that will begin in July those are introduced and will be introduced that will limit the local authority of Texas to enforce tree preservation ordinances that certainly have been used in do bolster public health and strengthen investing for property owners so who are the players

In this process the players are lawyers both those that work for governing bodies and those that work for property owners or developers certainly the planning staff or consultants that work for governing bodies and then of course your local elected and appointed officials and lastly most importantly that have a tremendous impact on whether

Or not your policies that you want to promote move forward are the citizens in the stakeholder so all of the neighborhood associations all of the neighbors all of the business community that would be affected by any regulations that you’re speaking to put into place so some of the common legal issues are

As we stated before to see how the authority to regulate certainly public health falls within the traditional framework for cities to regulate so there’s kind of not that much of an issue there if you get past that harsh hurdle second is is what is the city’s rationale rational basis for regulating

Either this isn’t just outcome that you might have for the particular industry that you’re perhaps wanting to add some additional regulation for or if you don’t add regulations so the primary issue that comes up is your takings issue does the proposed regulation take somebody’s property interest in a compensable manner there are three

Primary ways that that can happen the first is through regulatory takings where the regulation that you adopt is to such effect on a person’s property that it affects their ability to either adequately develop or do what they want to do with that property it’s if it reaches a certain tipping point it can

Effectuate taken you do have to compensate that owner for that regulatory take the second is the physical takings claims that occur and most typically does occur if you adopt something like a Complete Streets policy where as part of that initiative you do need to go acquire let’s say sidewalk

Easement because you want to promote walkability in your community you may have to go and acquire property and you may have to actually perhaps condemn that property the last one is exactions and those typically occur when new development is coming in and you’re assessing the infrastructure that would be needed for

That particular development and you’re requiring and dedication so if an exaction is occurring the main question that needs to be asked is actually a two-point question is there a rational nexus between the requirement that you’re making in the public purpose and is the requirement roughly proportional to being impacted that development is

Going to be making so the other kind of issues that are more kind of procedural that they still need to be thought about when enacting finding regulations are adequately followed the substances and procedural due process so you need to make sure there’s health involvement in participations proper notice and

Hearings and for most days it’s not all open meetings will apply certainly for your landing floors or other bodies for your municipality that will make decisions on to the City Council or the City Council itself on whether or not they should be adopted there’s the regulation is drafted

Applied and applied treat everyone the same and there’s civil rights issues that you need to be cognizant of and most importantly you need to establish a legislative record and that is primarily if your regulations that or policy that you adopt gets challenged you want to be able to show that you have clear

Recitals that support the public interest and/or the public purpose that you have a citation of all of the public notice and the stakeholder input in meetings that occurs to support your year’s legislation and that you remember to always include the citation of the benefits to the public the last thing

That will come into play is the enforceability is the regulation that you’re wanting to enforce is it parties are going to be issues with enforceability how do you expect it of course is it going to be something that is proactive on the city’s part to go

Out and enforce or is this going to be the type of regulation where it’s really going to be driven on a complaint basis so there are of course other legal obstacles and others to implementation Arvika so the first is dusted rice marks where projects made just for a number of

Years making implement the implementation of the changes promoting the public health more of a long term goals there’s grandfathering of existing uses which can be eliminated eventually through abandonment termination or the amortization of the rough proportionality so the exactions and takings issues and preemption through federal and state the

Other obstacles to implementation which are necessarily legal issues that certainly have to be worked through as you’re going through the process are kind of related to NIMBYism and so that of course is you may encounter where you have some traditional zoning going on and you’re wanting to make a change to

Their form disclose an excuse which is convicting of uses exactly where it’s been kept separate for a number of years and so people may be a little bit hesitant and fearful of that type of mixing and uses beset the second one really is kind of good you’re doing it

You’re promoting a Complete Streets program or you want to adopt a safe routes to schools where it may require the acquisition of right away or sidewalks in order to complete those goals is really thinking about the land acquisition and budgetary constraints so where the city is the driving force for

The changes to promote the quote to promote public health through walk ability measures the acquisition may be more complicated or expensive than originally envisioned by the staff and so usually these are budgetary concerns but they may work themselves into becoming legal concerns if condemnation becomes necessary so the first kind of

Big issue and hopefully this is not quite so onerous in other states as it is in Texas itself it is nested right so vested rights developed from the Fourteenth Amendment of the US Constitution to prohibit the illegal takings of an individual’s property without just compensation and the

Purpose of the doctrine is to protect property owners from changes in municipal regulations when they have received a valid building permit completed substantial construction they’ve made substantial expenditures in Reliance’s in permit for as in here in Texas and they’ve given the governmental entities fair notice of the project and the quotes are

Deliberate there so in Texas the vested rights statutes and heavily weighted to the developer to provide that fair notice of a project and it ensures the developer is able to develop his project and the municipal regulations and policies then we’ll discuss division ordinance the stormwater policy that was in place at

The time that they filed their application and continues through the life of the progress the project is certain progress is provided so generally here in Texas there are exceptions to the dusting which include the building and the fire codes which definitely involve public health and certainly that construction

Specifications are methods of how to build infrastructure and regulations affecting imminent destruction of property the net effect of vesting really is that the public health initiatives that are newly adopted that our infrastructure related or regulatory related may be delayed for those projects where vesting is applicable the

Second kind of major one that we typically encounter here in Fort Worth is grandfathering and so it has a legal non-conforming uses for the most part but it really does also apply to structures to lots the features of developments or signs that were legal when they were either created or built

But once the change has been made they no longer need the requirements of city ordinances legal ha conforming uses are supposed to go away someday but very often maybe not they become perpetual in need in fact become part of the landscape there are certain ways to eliminate the nonconformity those are

Through amortization and that requires the valuation of the asset you have to chair to do process that part of that due process is going to be a discussion with normally boards of adjustments typically here those and figuring out what the monetary value of that asset is

And how long it would take the property owner to realize the value of that that fat is the second primary way is abandonment so it’s discontinued used for a set period of time it can be as little as six months and as great as two

Years as it is here in Texas you can allow the transfer of used to a more compatible non-conforming use and I have seen this in form based codes where the more compatibles non-conforming use is still better and may in fact as perhaps the code gets amended as it moves

Forward and people become more comfortable with the form based code we can make informing you the last way to get rid of or eliminate and nonconformity is if the structure is destroyed by 50% or more and that percentage is dependent upon a particular city here in Fort Worth it’s

About 75% destructions the other way this thing can increasingly affect whether or not you can adopt or implement ordinances that are related to what health is through preemption and so although cities police power is broad it’s not absolute and it can’t conflict with the state’s general laws if a

Conflict or federal laws if a state if a conflict that exists between a local orders state or federal law if the ordinance duplicates or contradicts or enters in an area that’s already regulated by either of those indeed either extremely small plant is from the field will get collisions between the

Fields and kind of areas in particular I think across the nation and certainly in Texas where we’ve seen states Cranston and some extent federal preemption is kind of in their location in deciding of cell towers the location and siting of gas wells or regulating fracking the ability to regulate where concrete crushing 20

Let’s go can be an issue particularly here so it affects your ability to be able to if you’re able to pass regulations that are related to air quality so let’s portion allottee as I stated before typically comes through when somebody is either plotting a piece of property or getting a building permit

Where and it’s usually for new development so it occurs when a city allows the property owner to develop this the property owner agrees to dedicate a portion of the land for public purpose or make on or off site improvements addressing the public needs so kind of like for Complete Streets

Could be an example given the topic that we’re discussing today for Public Health there has to be a nexus between the dedication the exaction in the public purpose and it has to be roughly proportional between the impact of the development and the exaction that’s being required so it very well may

Impact the dedication of construction to support the Complete Streets policy wouldn’t be able to require a developer coming in to build out the entire street they’re only responsible for their rough proportionate share of that Street and so which is part speaks to the second bullet where you require sidewalk

Dedication and our construction and rep report allottee really arose out of what are the two seminal cases and one is the no one case where landings regulations there’s a constituted taking if it substantially dances legitimate state interest and it doesn’t deny an owner economically viable use of his land

There has to be a nexus between what’s being is acted and the public purpose and this was furthered by the Supreme Court and Dolan where the Court extended the essential Nexus test to require rough proportionality between the development impacts and the conditions on development the Court did say in that

Decision that there didn’t have to be a precise mathematical calculations however in many states certainly in Texas they made this proportional analysis statutory and require an engineer to make that calculation and it just by extension of that tends to be a mathematical calculation that occurs what I wanted to

Do is try to show how all of these kind of interplay in particular port were thand half what worth wanted to explain some public health objectives that’s energy to soul for the last five years or so for the city of Fort Worth so the three primary things that we wanted to

Do was to develop walkable urban neighborhoods such as mixed eat growth centers transit-oriented developments urban villages which encourage residents and visitors to get out and walk and bike and use transit for their everyday life homework school in going to other locations there’s been a big push to

Increase the miles of bike waves in the city jumping up in 2016 from 104 to 150 and to use zoning and other city ordinances to increase access to and you know fresh fruits and vegetables and most farmers markets to encourage healthy eating so part of how the city

Is kind of tackled this issue is through a number of plans and other plans in our plan a development department and other private you can work on that kind of speaks you from what Chris book and his about in his presentation so you can have a comprehensive plan that is

Supposed to lay out the vision for the city over a long period of time anywhere from 10 to 20 years quiet in Texas to adopt that bicycle but inclusive within it is inclusion of our master thoroughfare plan in which we’ve adopted two Complete Streets policy we include bike trails and pedestrian plans

In there we’ve included connectivity requirements in our subdivision ordinance Fresh Market mobile vendors economic incentives to encourage people to develop in such a way that it promotes public health for the community and so she’s kind of depicted for you all is just kind of the specific plans

That city of Fort Worth has adopted and incorporated into our everyday strategies of how to promote public health in Fort Worth so kind of just three short little case studies is one is our pride Fort Worth plan and so as part of in support of that we passed a

Bicycle parking ordinance that would require bike racks to be installed in commercial areas and other areas in order to promote people to to bike so of course when we did it you get garage it’s a specific receptor of zoning ordinances that is really new and changes youth development so it’s a long

Term kind of thing to to make sure that it goes happening the other thing that we did which we have a safe passing ordinance to encourage people to not be afraid to get out on the road and also we included striping of bypass code drivers would know where they’re

Supposed to be in bicycle cut both know where they’re supposed to be and part of how we did data she included bicycle lanes into our Complete Streets and so as part of our dedication requirements it includes enough of the ride away to include the bike plan so part of that as

I’m score is the rough proportionality issue it’s been successful in that so far our we’ve increased our bike lanes by over 400% if I can get it thank you so the next slide to come that’s how we try to improve or promote public health is through a master thoroughfare plan

Update and the goal for that update was to build complete and context-sensitive roadways to increase the connectivity by reducing traffic volumes reduce emergency response times and increase mobility and collectively all those do promote public health to get people out to be able to walk to the school that

You see depicted on there so the legal issues in place through that we’re investing for projects that were kind of already in place for this particular project there’s nothing that the city can really do to have them if you’re to it you can make the process more

Attractive to them in the developer will perhaps to voluntarily to change their plans to incorporate more of that because it makes their project actually more desirable and the other issue as applied is the rep report allottee as it applies to be exactions to support the

Plan I got one more slide in him when we done City last way we did it as an example is through zoning so we adopted urban agricultural and Fresh Market mobile vendors so the goal there was to reduce barriers for small farmers or food producers to grow on land that is

Available and bring their products to market they were prohibited from doing so in single-family areas or we had just kind of through the years had limited the other uses that could go on to suggest legal family use and so we had precluded that out we made a change to

Add in and to provide support and promotion for mobile markets and cart and you know part of that was to increase access to healthy produce in areas where grocery stores or other areas where divide that is limited so those areas of your community where you may have food deserts so the legal issue

For that is to remove the restraints where these can occur and and the requirements to regulates make it easier to encourage entrepreneurs people that are like-minded like that to take that opportunity and go into the community and create those that availability for fresh produce and in farming so that is

All I have for you Elle and I appreciate everyone’s time and listen intuitive thinking Thank You Melinda and up next we will hear from Terry Terry Harding great thank you I’m trying to advance here let’s go to the next slide great so again I’m Terry Harding I’m a

Principal planner with the city of Eugene Oregon and has been working in long-range planning for most of my career next I’m going to talk to you today about the goals of our long-range planning project called envision Eugene talk about planning for industrial development near existing neighborhoods

In West Eugene as a case study and then offer some thoughts on lessons for addressing environmental justice in city land-use planning and zoning next so first a little bit about Oregon in our state every city must have an urban growth boundary with a 20 year supply of land and a comprehensive plan the

Statewide program was established back in 1973 and it really had a focus on farmland protecting farmland for the good of the economy of the state there was less focus on planning cities but over the years the 19 goals have been clarified through a lot of case law and

Although public health is not one of the 19 goals it is in fact tied to many of them from housing to transportation to air and water quality and natural resources next free teens plan to accommodate growth we started the project by responding to a state mandate it was actually a House bill and

Legislature that requires the city of Eugene to establish our own urban growth boundary separate from the city of Springfield we have shared a regional urban growth boundary separate previously and that new urban growth boundary would need to have room sorry we’re still back on that one for 20

Years of projected population and job growth which in our city is about 34,000 people over the next 20 years and 37,000 additional jobs but in addition to fulfilling this state mandate our project embraced this opportunity to discover a community vision about how we would grow and we launched an extensive

Public process to complete the visioning and try to build community support for our collective values and outcomes of this planning process next so we talked a lot about best outcomes during the visioning phase we used a large group of people called the community resource group as well as targeted outreach and

Listening sessions with various stakeholders to develop these outcome statements that describe to people’s visions of Eugene for the future people use words such as access to opportunity to employment to housing and public services transportation options and education the overarching theme that emerged was a goal to make Eugene more

Liveable for everyone next the community visions map that came out of this project depicts two growth management strategies and I know this is a busy map but you can see some highlighted in yellow corridors in Eugene and our first growth management strategy is to focus growth and redevelopment along those key

Corridors which are connecting our regional bus rapid transit system and they radiate out from the downtown core the second strategy is the concept of 20-minute neighborhoods where people all across the cities no matter what neighborhood they live in our goal is that they have access to shopping transit parks and schools within a

۲۰-minute walk of their home next we receive direction from our City Council in 2012 to start studying this issue of environmental justice and what led up to that was a lot of community organizing by a local group called beyond toxic and they teamed up with a neighborhood organization called the

Active vessel citizens they sponsored an environmental justice bus tour showing the community where the concentrations of industrial uses were in the western part of Eugene and then this group lobbied the city council to include this direction to staff shown on your screen this is the first time that the term

Environmental justice enters the planning lexicon in Eugene go ahead and yes thank you the red oval that just popped up is showing the proposed expansion area that we call the Clear Lake Road expansion area where the city was considering adding land for jobs parks schools and at the time residents

Is shown in the light yellow but through these environmental justice community discussions it was determined that adding more homes in this part of the city near the airport and existing industrial areas was not sort of the community’s best outcomes so this was dropped from the consideration pretty early in the process next

So as planners we were faced with this basic question of what is environmental justice beyond to learn we turn to the EPA and if you’ll flip one more slide forward a picture will pop up we studied the issue and the definition of environmental justice provided by the

EPA and we hired an intern Lackey who was studying environmental justice for her master’s degree and had worked with beyond toxic on this issue so thanks to LinkedIn I reconnected with rocky just recently and found this picture go ahead our research include information from an equity and opportunity assessment which was funded

By a HUD sustainable communities grant there’s a map shown on the right side of this slide which is a composite map of vulnerable populations in the area we use community surveys about health and exposure done by the on toxics we use EPA and local agency information

In our local agency is called the lane regional air protection agency which is unique in Oregon and examples from other cities chiefly Portland and cities in California we could not find any examples of environmental justice protections and land use code that we could find go ahead Eugene also has a

Toxic right to know program that requires industrial businesses of a certain size to report their use of chemicals and emissions to the city but only within the city limits and you can see on the map the green ovals show that that they’re reporting businesses and where they’re located in relation to our

Study area and the red oval is a gap most of that area is outside the city limits and there are several large industrial uses located in that area go ahead a series of consultations were held with groups from the county public health department to the local air quality agency a bunch of City

Departments and programs commissions and boards Eugene has a Human Rights Commission which is rare for a city our size and local community groups such as Latino and beyond toxics as well as neighborhood organizations the results of the consultations in the research were summarized in a briefing paper on environmental justice which we

Put on our website and then resulted stay on this side in a general recommendation that we plan for jobs that benefit the environmental health economic and social sustainability of the surrounding community and that we plan to achieve that through plan designations that transition in intensity from the neighborhood to more typical industrial development

We also recommended looking at a new overlay zone with performance standards using non regulatory tools such as health impact assessments and good neighbor agreements which there are a lot of examples of and then lastly partnering with those agencies I listed there for the businesses in the area and

The local nonprofits go ahead the resulting map here is our proposal for the Clear Lake expansion area in phalanges map so in the southern part kind of off the slide is the existing vessel neighborhood and closest to those neighbors are a new park that’s over 200

Acres in size and a site for a new school for their school district and then the closest industrial land is limited to campus industry which is more like an office park type of environment and then north shown in the pink color is our standard light medium industrial zoning which matches what’s already in

Existence in the area but is limited by an overlay them that I’ll talk about next so what we ended up proposing was a series of special standards within an overlay zone and there is an environmental justice today’s focus to these regulations they require interagency coordination massive staff role neighborhood coordination that’s a

Requirement of develop of development applicants there are a series of performance standards that are triggered either at land use permit or building permits and then the nuisance standards are enforced by city personnel within the Planning and Development Department so for example we have emissions standards not noticeable at the property

Line and noise and vibration standards that would be enforced upon complaint by city staff the prohibited uses in the overlay include things such as parking terminals which have a lot of particulates associated with them what preservation so Eugene economy is traditionally based on what products manufacturing and so this topic got a

Lot of conversation because there are several industries that do cause impacts in the wood products industry and technology has evolved to a point where some were saying we don’t need any additional regulations and others were saying no we really do this is our chance to put something in place that

Will protect for the long term and so that is still under discussion and then lastly concrete and other really impactful manufacturing issues are prohibited you can adjust some of the standards within this overlay if you still need the overall goal of the zone which are rooted in the triple bottom line of

Sustainability which is the lenses to be of using uses for a lot of policy decisions if you’re interested in looking at the Clear Lake overlay zone the code is online but it’s not yet adopted you can go to our website and take a look our last local public hearing is tonight

So stay tuned I do not anticipate a lot of challenges to this part of the code there’s a lot of other things involved in establishing our urban growth boundary that are more interesting to people go ahead well lastly I’ve got some lessons learned from this project

That I thought I would share with you you can go ahead the first is that we spent a lot of time on the front end of planning investing in talking to people and that it really does take a lot of time for folks in the community to build

That trust about where you want to go this is a picture of part of the community resource group that’s that a number of days together working out what are our best outcomes and what are our community values go ahead another lesson is to loop back with the underrepresented groups and the City

Council so so since we had been given specific direction by our City Council to do outreach and address environmental justice issues they were very interested in learning what we heard from folks in the community so we attended events we did targeted outreach bilingually at various existing groups and places

Around the community and then we brought that results of that back to the City Council which was very much appreciated go ahead our third lesson is to proactively communicate to fill the radio silence so this I can’t emphasize strongly enough if you’re not proactively communicating about your project people make assumptions and fill

In the gaps to that question your motives or what’s going on with the project so we were very much interested in you newsletters videos updates to social media and on our website in addition to going around the community and trying to meet people at events that were already

Happening as our city manager likes to say I want people I want everybody to be sick of hearing about envision aging they’ve just heard about it so much so we’ll find out tonight continue how many folks show up at Erie and one more lesson I did mention our city manager also

Throughout the process we had a very supportive mayor and city council that were really invested in the seven pillars we call them of envision Eugene and in reaching the community’s best outcomes and that has been just a goldmine for city staff who have been working on this project for a number of

Years so I know not everyone is lucky enough to have this but for us it was pretty critical to get us where we are today and I think that’s my last night well thank you for that Terry and thank you to Chris and to Melinda I mean to

You Terry for your presentations today I know that I learned a lot and it looks like our participants were equally engaged given the quest that we have received in the chat box so I’d like to start with this first question this is for you Terry and it’s

A question that seems to be focused on economics and it’s how did you gene go about balancing job development and industrial growth within environmental and social goals though you mentioned the mirror was was in the City Council were supported but what about the chamber of commerce or property owners

That’s a great question so we had very active support from the Chamber of Commerce from the beginning but their goals are a little bit different than environmental justice as you might imagine so the expansion area that we were planning for I focused my presentation on the environmental

Justice aspects of it but the other really critical piece of it was around job development and planning for the land that Eugene is proposing to bring in for the kinds of jobs were expecting so economic development one of the main focuses of the project just not the focus of my presentation today okay

Thank you for that here let’s we give the next question here I think this one is probably most appropriate for Melinda and this one is in considering planning or from a planning perspective for Communities wanting to begin to incorporate promoting public health what should be the first way to address it

From your perspective what should be the first up there it’s starting with infrastructure or land use or is there another approach that they should be taking get back on that and I think based on my experiences here with the city probably I would start with infrastructure because I think it hit

Kind of a number of areas and it you can add as part of your Complete Streets program or adoption of the Complete Streets program it’s going to include by Corinne it’s going to include sidewalks so you’re you’re kind of getting at getting people out and getting people mobile others in a car

Getting people out and getting people walking into the community and you’re kind of building that infrastructure then that I think lends itself to then adopting zoning changes or it sometimes happens hand in hand with the form based codes and mixed use codes to kind of get that ball rolling that I think the

Infrastructure piece is the most important dissenter that you can get that started this sooner or less Lefter that vesting can apply and projects can move forward that don’t have to comply with those new requirements so I think infrastructure at least for me is is kind of the first

Place to start okay thank you the ones I think it answers that question well I’ve got a question here that I’m going to direct this one toward to you again Melinda actually I’ll direct it to all of our speakers and see what their thoughts are at the macro level what

Impact do you think that the change in the administration might bring to moving planning related health initiatives forward if any do any of our sleepers have thoughts on that I’m very kind of curious to see how this goes I know there’s been in the news emphasis from the administration talking

About you know increased spending on infrastructure but it seems to me that that is probably primarily focused on perhaps road building which doesn’t then kind of address the public health portion of it to get people out of their cars to improve your air quality because people are out there either biking or

Walking or promoting mass transit and maybe that will be a portion of it so I think I think it’s kind of an open question for me as to what this administration will do with that as part of their push toward more infrastructure type of of planning for that

Thank you for that Chris or cherry do you guys have any thoughts on that I don’t have a lot to add okay all right that’s perfectly fine I think Christmas this next question is definitely for you this is really focused specifically on the chat first recommendation there’s a

Note that they’re clearly important and the communities used them before this particular community but they include a lot so how should they choose which activities to combine that’s an excellent question and and my answer may or may not please people that my experience is that the local experts in

Public health in transportation planning and land use law have the local knowledge to take the larger scale science and decide how to apply it the reason that we ended up with the two tables was because what the research showed us was that many different combinations of pathway improvements and

Land-use and activity additions and modifications could result in greater physical activity so I think the most important and impactful thing somebody at a local or regional level can do is reach across the aisle if you are a kind of transportation person go find the public health director and if you’re a

Public health director or a public health staffer go find your counterparts and planning transportation and Public Works and share your knowledge and expertise and then make a decision from the menu sort of you guys are the best positioned to decide what to pick from the left side of the menu and what’s

Picked from the right side of the menu thank you Chris thank you for that Terry this question is very specifically for you and the the participant asked Terry were your values and I’m assuming it’s health-related or healthcare data later complexity with value were they challenged in the course of proposing

Environmental justice regulations for the expansion area another good question um where my value is challenged yes but I would say it was such a welcomed area of focus for me as a planner interested in you know the public good and advancing equity and those sorts of things to have directions specifically

From our counsel to study this issue when more commonly what you hear is this neighborhood wants to stop negative impacts from infill or those kinds of things that’s typically what gets lobbied up through our City Council for planners to focus on so this was a new

Direction and a new project that that I personally embraced as being very in line with my values so I’m happy to say that I didn’t ever feel like I was in a position where I was compromising my values and working on this however there were a lot of discussions where

Different priorities had to be balanced and that that came up earlier with the question about economic development so that very much has been part of the discussion how do you prioritize or balance environmental justice sorts of perspectives when you’re also trying to meet an economic development goals and

I’ve found myself saying over and over again that we take our direction to focus on environmental justice seriously and where there was a question we erred on the side of that issue that’s good Terry thank you for that thank you very much I’ve got a question here for Christmas

Participants those votes that fill in line please go ahead and continue adding your questions to the chat box but Chris it said you mentioned quite a few policy interventions that seem to and urban and maybe even suburban setting but will be probably interventions work equally in rural

Settings how was the application in that sort of setting big thing that’s also an excellent question the the what we have found is them the basic underpinnings are the same that the combination of policy and environmental and transportation interventions will improve people’s access to healthy food and physical activity but the nature of

Them will be different between LA and New York versus Sheboygan and Des Moines if you live in a rural area for instance Jackson Hole Wyoming comes to mind you can create a network of active transportation and active living pathways for walking hiking and bicycling as well as potentially transit

From the outlying rural villages into town because everybody has to periodically go into town if you live in a rural area to purchase things to see friends to go to the movies or whatever and the idea is to make it possible for people to go into town and walk around

In town versus drive around in town if everybody can picture Andy Griffith and Mayberry everybody walked around a lot the issue is if we in a rural setting in within an urban or suburban setting if we incentivize consciously or unconsciously moving around in our cars by how we

Place parking and and whether or not there’s sidewalks and those kinds of pedestrian amenities will either encourage people to be more physically active or discourage them but again it comes down to the local experts are going to know what’s likely to serve the local population and support that active

And healthy lifestyle whether it’s eating or physical activity the best it’s just a matter of taking the higher order science and applying it to your local circumstance that makes sense Chris to really sort of you know customize it to the needs of the community look at it mark that’s helpful this next question

Is for you Melinda and I’m going to go ahead and offer the disclaimer that that if you do decide to take on answering this question you are not providing legal advice just some education it says we’ve received a request to install a crosswalk at a t-intersection if

Installed we would build an ad a ramp on one side of the street or the other side of the street does not have a sidewalk and would essentially put the user in the middle of a street is there a legal issue that we should worry about if we

Build a crosswalk that leads people into the middle of the street and since there’s a ad8 component I had Chris if you have thoughts on that please feel free to chime in yeah I would caution the person asking question to certainly talk to their their legal department is

It might also be state specific but if my department was asking that question here I think some of the legal concerns that that I would have is kind of really based on me the intersection itself is the ad a ramp and crosswalk that’s being put in if it’s creating more of the

Hazards and going to help then perhaps it shouldn’t be put in certainly you wouldn’t don’t want to put people in a more dangerous situation that originally exists in that I think if the ad a crosswalk on the one side of the street is there’s no real issue with that and

The question was really referencing the other side of the street which doesn’t have a sidewalk I think so long as you provide a pathway to get to the side of the street that has a crosswalk on earth that’s available that should be a bit of course I mean if you talk to any

Attorney we’re going to be concerned that the city’s liability is if we’re creating a more dangerous raishin but certainly i would encourage you to talk to your legal counsel this is Chris I agree with that completely what I would say is that when you’re dealing with populations that have particular needs whether they’re

Children older adults or persons with disability the whole idea is to understand their needs the most consistent and likely needs and serve those so having something like that circumstance probably may not be the best solution I’ve seen places where there is an accessible bus stop pad but

You can’t get off the pad you can get off the bus onto the pad but then you cannot get off the pad to go anywhere and that seems like a perfect example of where somebody was following the letter of the law without actually looking at the larger context of why the ruler code

Was in place and what the subpopulation that it’s supposed to serve really needs very helpful Thank You Melinda Ann and Chris for that this next question is for Terry and Terry it’s about this process of building trust really can you talk to us a little bit more about what that looked like did

Any of this work take place prior to the official launch of envision Eugene great it was the official launch of envision a team and the community resource group was a part of it but it was really an approach based on the work of a guy named Robert Chadwick and our city

Manager had worked with Bob in a previous job and he brought thought to Eugene to do a series of interviews listening interviews with stakeholders that were very diverse from you know people who are a part of logging families that were kind of old Eugene money to cope who worth of data with the

Environmental movement because that is one of the deepest divides in Eugene is between environmental and development interests so Bob Chadwick was very influential into our thinking around this sadly he passed away a couple of years ago but before he did he published a book called finding new ground you can find that on

Amazon and we really did fully embrace his method of listening circles and balancing power and matching men and women and just a whole bunch of techniques for building consensus and resolving conflict in community and what was the name of that book again Laurie it’s finding new ground

Robert Chadwick I need new ground Robert Chadwicks okay thank you for that and one other sort of piggyback question on that for you is in Eugene was there a single backbone agency or organization responsible for champion or advancing the public health / environmental justice approach across the agencies was

There one sort of central champion well the champion was definitely beyond toxic the local organization but they it’s one of those issues where it’s sort of like okay whose job is it to advance this and luckily we have a very collaborative relationship with our local County Health Department Lane

County and so they were very much a part of the discussion as well as our air quality regulating agency for example Lane County offered to facilitate any health impact assessments that needed to be done as new companies look to locate in this new area and we’re looking at environmental justice regulations if

They were unfamiliar so it’s pretty collaborative but as far as a champion I would say it was beyond tactics and they were the ones to bring it to the attention of the city counselors and and that’s how it resulted in a work plan item for us excellent thank you and I’m

Not really sure we can take this question on so I’ll ask it and you guys kind of let me know what you think how would you answer a question from a developer with regard to a return on investment from the requirement or mandate of building sidewalks and bike lanes on Complete

Streets the members of okay the first standard of that okay the first thing that we found is that oftentimes many players in these kinds of processes believe that there that there won’t be a positive return on investment when in fact there is evidence to the contrary whether they be business owners or

Developers many of the residential developers and Realtors are starting to include WalkScore on their marketing for housing and commercial development because so many people indicate that they want to be in walkable areas so there there may be positive return on investment at the far end but in the in

The middle part what we’ve also discovered is that many developers are willing to work with the Planning Department the Transportation Department or the public health department to make changes to requirements one example that I was told years ago was that if a developer could speed up the development

Review process so that they didn’t have to maintain a mortgage on a large piece of property for as many months as they normally would that they would be willing to consider a road diet and to changing and adding to the pedestrian infrastructure and amenities that they

Were planning and then it would be a net gain for everybody because the community that was built would be different than it was planned to be but it would be able to be built and turned over and sold faster than was originally proposed so I think approaching all of the the

Players in a collaborative fashion and looking for ways to support each other’s efforts through things like expedited development review can really a swayed some of the turns that maybe there that’s really good Chris Thank You Melinda Terry thoughts on on how we can talk about this idea of return on investment with

Developers in quit leave experience here in Fort Worth and I think certainly as we’re making this generational transition from boomers to Millennials I think Millennials when they’re buying property they have an expectation that they’re going to be able to do they’re going to be able to recreative as you’re

Walking or biking or other thing it’s just kind of given to them so I think developers who are forward-thinking and include that kind of authority to do that into their into their communities whether they’re building a commercial or a mixed-use kind of development or they’re in the suburban areas and

They’re building a master plan community if they provide that I think that’s more attractive to Millennials as they get older and are able to buy homes and quite frankly to other generations baby boomers Gen Xers as we all transition to try to get out there become more healthy

As we see that kind of societal not pressure but encouragement that I think people are starting to actively look for places like this so I think the market kind of drives it and s their return of investment for I would agree I think the market is starting to catch up with what

We’ve been planning for and encouraging our development community to kind of shift what they’re willing to invest in and and build I would also say once developers know what the requirements are and those requirements have been upheld as legal through our state acknowledgement process then they’re happy to comply with them it’s the

Uncertainty of neighborhood opposition or appeals that really drive them crazy but if they have the requirement and it’s predictable and they know what it is what they’re required to provide we don’t run into a lot of resistance this is Chris the one other thing that cursed me I could throw

In here is that a lot of times people resist some of these things because of a perception based on how they understand in the language we’ve often found that if you show people pictures of the type of development that you’re talking about they very much resonate with it but if

You use words like density and those kinds of things they have a predetermined perspective on that and apparently it’s some type of Greenwich Village type development that they don’t want so again the most important thing with individual citizens system groups or developers I think is to make sure

That everybody is on the same page thank you thank you to all of you guys for taking that question on I’m going to ask this the last final questions got such good questions in the box so this will be our last one and I think Melinda we’ll start with you

On this one and it can you comment on the June 24th Supreme Court decision in the murder case where Court decided that the government does not have to provide compensation for certain taking any thoughts on that I haven’t had a chance to fully read it that I am encouraged by

Them finding that you know murder occurs in a lot of communities that then would kick in and whether or not a regulatory take is there so I find it encouraging that they didn’t find that there was a regulatory take for this particular fact situation and that they went ahead and

Went through all of the takings analysis that they’ve previously established since then I think that’s the right kind of firm from my perspective as a municipal attorney I think that’s kind of the right way to go the only thing that I would like a cautionary tale to put out there for

Other states like Texas that are very heavy property right states is that when your legislature doesn’t like a decision that the federal Supreme Court has made they may go and change their their laws to kind of address that so starting to take up too much time to kilo decision was a

Perfect example where economic development was falender what what you could do as part of happening and then Texas would and basically made it very difficult to do any economic development acquisition and made any kind of thing like that it takes so while I’m encouraged I just so States don’t

Overreact to that in trying to bolster property rights you know thank you for that Melinda I’m Jimmy I know you’re on the line did you have any thoughts that you wanted to add to Melinda’s response and your in your role as a lawyer as well sure and if we have so many people

On the call if I’ll just take 25 seconds to just give a little background for people who don’t know that this case the murder Wisconsin regulatory takings case it dealt with the validity of lot merger a lot merger provision the impact of local environmental regulations the

Extent of the park was a whole world of a sort of all these factors playing in but really the Supreme Court’s issue that they were dealing with and and their holding was limited to really weighing in on how to determine the relevant parcel for takings analysis that’s all that this was that’s what

This was really about because there were two losses family owned that were next to each other and there was a merger provision in the local zoning and there were also some in local environmental regulations within the zoning that were restricting the use of the you know the

Developable acreage of the of a lot and so the whole point of this was that the property owners you know if you if you looked at the Lots separately and you looked at the developable developable area of one of the lot lot e and it’s in this instance see the developable area

Was so limited it was not you couldn’t develop a lot under the local ordinance and so it would have been a Lucas style total taking analysis whereas if you look at the merger provision and looked at a lot together there was an economic value left and you would go to the Penn Central

Multi-factor balancing test that was sort of the issue and so the Supreme Court did uphold the merger provision and said that there were a number but it created another multi-factor test looking at the treatment of the land under state and local law the physical characteristics of the land the

Prospective value of the regulated land so looking at the potentially positive impact that the restriction on one of the loss might have on the value of the adjacent lot and looking at those standards to determine whether the reasonable expectations about property ownership would lead a landowner chances

To pay it that the holdings would be treated as one parcel or instead as separate tracts and in doing so they upheld the lower court’s determination that the two lots were should be evaluated as merged as combined so it doesn’t it’s not a huge departure from

Parcel as a whole norms the relevance of this to the topic of today I think is in terms of the significance that was placed on the environment in some of the courts commentary and so that you know looking at at at the nature of the surrounding environment and the property

Is is something the court has stated clearly is is relevant in that determination thank you for that Jenni thank you all right folks we’ve gone over on time but I wanted to see the last at least 60 seconds for Anna or do you need to make a plug for membership

In the Planning Division and just say thank you once again for joining us on this very educational webinar Annie if Jenni anybody want to close out I can close out this is Anne I’m really happy to hear see so many people on the line we had over 400 people today and the

Recording will be available in about a eeeek so people can rewatch it and I really appreciate the attention that this topic is getting have a great afternoon thanks everybody bye

ID: K7LmdRZ0V98
Time: 1498754509
Date: 2017-06-29 21:11:49
Duration: 01:34:38

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