Law Seminars International Presents:

The 29th Annual Comprehensive Conference on Washington's

Growth Management Act

Current topics of heightened interest including affordable housing and climate change

September 22 & 23, 2022

Live via Interactive Online Broadcast

As a value-added bonus, you'll receive access to downloadable audio and video recordings at no additional charge.

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Program Overview

Who Will Benefit from Attending

Attorneys, planners, real estate and environmental professionals, Tribal, city and county officials, and anyone else involved in managing growth and development in Washington

Why You will Benefit from Attending

This year the Covid-19 pandemic impacts on land use are coming home to roost because the pandemic has changed how we work and live. Many of those who became accustomed to working from home are choosing to skip the commute and continue doing that. In this comprehensive two-day program, we will look at where "Big Development" will be happening in the coming years and the need to update comprehensive plans to reflect post-Covid population distributions. We also will address the broad range of issues involved with developing projects in rural areas.

For urban core areas, the past year has seen affordable housing emerge as one of the Puget Sound region's biggest challenges. You will hear about current plans and actions for addressing the housing problem and state initiatives to promote "Middle Housing" as a pathway for improving housing attainability. Key stakeholders will provide their perspectives on the challenges arising from incorporation of affordable housing and climate resiliency goals into GMA planning and permitting processes.

Substantive developments continue apace. You will hear case law developments in both the boards and the courts. We will discuss substantive developments under SEPA and their impact on GMA and land use, plus substantive due process considerations. We'll wrap up with ethical issues for land use practitioners so land use attorneys can fulfill their ethics credits requirements in a meaningful way.

We hope you will join us for what promises to be an interesting and informative two days. Register now to reserve your virtual seat!

~ Ann M. Gygi, Esq. of Hillis Clark Martin & Peterson and Duana T. Kolouskova, Esq. of Johns Monroe Mitsunaga Kolouskova, Program Co-Chairs

What You Will Learn

  • Current plans and actions for addressing the affordable housing problem
  • Reconfiguring comprehensive plans and their implementing development codes to address housing attainability
  • Middle housing programs vs other approaches for solving the housing problem
  • Reconfiguring comprehensive plans to address climate change
  • The need to update comprehensive plans to reflect post-Covid population distribution realities
  • Where "Big Development" will be going in the coming years
  • Project development in rural areas
  • New final plat approval processes
  • Sovereign-to-sovereign Tribal consultation as a necessary part of inclusionary regional planning
  • Case law developments
  • Substantive developments in SEPA law as they relate to GMA and land use
  • Whether Substantive Due Process should be expanded or eliminated from the land use litigation arena
  • Ethical issues for land use practitioners

What Participants Have Said About Similar Programs

  • The conference was excellent!!!
  • This was a well balanced GMA seminar, illustrating constraints humans have created.
  • Most speakers provided legal context and framed presentation to contemporary issues + planning practice.
  • "Great selection of speakers-all very knowledgeable."
  • "Really excellent presentations-great content, well presented all around."
  • Thank you - this was one of the best Zoom conferences I've seen.

Agenda Day 1

9:00 am

Introduction & Overview

Ann M. Gygi, Esq. , Program Co-Chair
Hillis Clark Martin & Peterson / Seattle, WA

Duana T. Kolouskova, Esq. , Program Co-Chair
Johns Monroe Mitsunaga Kolouskova / Bellevue, WA

9:15 am

Affordable Housing as One of the Puget Sound Region's Biggest Challenges

Current plans and actions for addressing the housing problem: Legislative developments relating to affordable housing; action plan development at the local, regional, and state levels

Jessica M. Clawson, Esq.
McCullough Hill Leary / Seattle, WA

9:45 am

Reforming Comprehensive Plans and Development Regulations to Address Housing Attainability and Climate Resilience

Growth Framework Reforms and the Department of Commerce's initiative to develop potential plans, policies, and development regulations to advance "Middle Housing" with the objective of improving housing attainability and, in turn, climate resilience

Joseph Tovar, FAICP, MUP , Affiliate Associate Professor
University of Washington College of Built Environments / Seattle, WA

10:30 am

Break

10:45 am

Practical Perspectives on the Challenges Arising from Incorporating Affordable Housing and Climate Resiliency Goals into GMA Planning and Project Permitting Processes

Potential problems with requiring plans to address climate change as a new deliverable for GMA compliance; "Middle Housing" programs vs other approaches for solving the housing problem; other major issues

Ray Liaw, Esq.
Van Ness Feldman / Seattle, WA

Michael Spence, Esq.
Helsell Fetterman / Seattle, WA

Bryce Yadon , Principle
Bryce Yadon Consulting / Seattle, WA

12:00 pm

Lunch Break

1:00 pm

Where is "Big Development" Going in the Coming Years?

What will we see for high rise construction, convention centers, big public works, etcetera?

John C. (Jack) McCullough, Esq.
McCullough Hill Leary / Seattle, WA

1:30 pm

The Need to Update Comprehensive Plans to Reflect Post-Covid Population Distribution Realities

As people become more comfortable with remote work from the suburbs, and want to avoid long commutes, what changes will we need to make to plan components such as population density and zoning to support business activities to support remote workers?

Morgan Shook, AICP , Partner & Project Director
ECONorthwest / Seattle, WA

Darren E. Carnell, Esq. , Supervising Attorney - Land Use
King County Prosecuting Attorney Office / Seattle, WA

2:45 pm

Break

3:00 pm

Washington Indian Tribes and the GMA: Sovereign-to-Sovereign Consultation as a Necessary Part of Inclusionary Regional Planning

Legal requirements for Tribal consultation; how Treaty Rights can create Tribal interests in off-reservation development; tips for developing effective MOUs for Tribal participation in GMA planning and project review processes

Chloe Thompson Villagomez, Esq.
Foster Garvey / Seattle, WA

3:45 pm

Project Development in Rural Areas

Infrastructure planner and land developer perspectives on the broad range of issues including water supplies, transportation and concurrency issues, and creative financing tools to build necessary infrastructure

Chris Young , Director of Development Services
Grant County / Ephrata, WA

James D. Howsley, Esq.
Jordan Ramis / Vancouver, WA

5:00 pm

Adjourn Day 1

Friday, September 23, 2022

9:00 am

Case Law Developments

Judicial case law update: Review of recent reported court decisions

Dean Williams, Esq.
Johns Monroe Mitsunaga Kolouskova / Bellevue, WA

Update on developments at the Environmental & Land Use Hearings Office

Dominga Soliz, Esq. , Director
Environmental & Land Use Hearings Office / Tumwater, WA

10:15 am

Break

10:30 am

The Relationship Between GMA and SEPA

Substantive developments in SEPA law as they relate to the GMA and land use

Duana T. Kolouskova, Esq. , Program Co-Chair
Johns Monroe Mitsunaga Kolouskova / Bellevue, WA

11:00 am

Substantive Due Process

Its past, present, and potential future in Washington land use law

Brian T. Hodges, Esq.
Pacific Legal Foundation / Sacramento, CA

Roger Wynne, Esq. , Director, Land Use Section
Seattle City Attorney's Office / Seattle, WA

12:00 pm

Lunch Break

1:00 pm

Practice Workshop: New Final Plat Approval Processes

Implications of the shift from Council/Commissioner approval to planning director approval including the impact on appeal processes and how they are handled

Eileen McPhee Keiffer, Esq.
Madrona Law Group / Bellevue, WA

1:30 pm

Ethical Issues for Land Use Practitioners

Special issues arising in practice before administrative regulatory bodies

Gary N. McLean, Esq. , President
Hearing Examiners Association of Washington / Seattle, WA

2:30 pm

Evaluations & Adjourn

Faculty Bios

Ann M. Gygi, Ann M. Gygi, Program Co-Chair, is a partner at Hillis Clark Martin & Peterson. She focuses on land use entitlements and due diligence, growth management and development regulations, and environmental laws such as the State Environmental Policy Act (SEPA), the Shoreline Management Act, and critical areas regulations. She has assisted clients with master-planned-development entitlements, annexations, land use due diligence, subdivisions, and related development permits throughout the Puget Sound region.

Duana T. Kolouskova, Duana T. Kolouskova, Program Co-Chair, is a named partner at Johns Monroe Mitsunaga Kolouskova. She represents developers, builders, property owners, and developer/builder organizations in all aspects of land use law as well as related environmental, municipal, construction, and real estate law matters. She has been the legal advisor to the Master Builders Association of King and Snohomish Counties (the MBA) for many years.

Darren E. Carnell is a Supervising Attorney for the Land Use section of the King County Prosecuting Attorney Office.

Jessica M. Clawson Jessica M. Clawson is a partner at McCullough Hill Leary. She works with private developers on land use and permitting issues throughout the state of Washington, with a specific focus on complex projects within complicated urban jurisdictions. Her experience with clients has resulted in the permitting of tens of thousands of multifamily units, several million square feet of Class A office, and thousands of hotel rooms.

Brian T. Hodges Brian T. Hodges is a senior attorney with Pacific Legal Foundation. Brian authored the certiorari petition in Koontz v. St. Johns River Water Management District and was on the litigation team that argued Knick v. Township of Scott to the U.S. Supreme Court.

James D. Howsley James D. Howsley is a shareholder at Jordan Ramis. He represents companies, developers, and builders throughout the Pacific Northwest in a range of complex land use/development projects, including advocacy for large scale master planned developments throughout Washington and Oregon, getting new land into urban growth areas, and working with local governments on complex and creative financing tools to build necessary infrastructure.

Eileen McPhee Keiffer is a co-founder of Madrona Law Group. She handles a wide variety of municipal matters, such as utility, telecommunications, land use, public procurement and contracting, open government, and general municipal advice. For example, she has represented the City of Seattle in nine LUPA proceedings initiated by developers challenging the City's water infrastructure extension requirements.

Ray Liaw Ray Liaw is a partner at Van Ness Feldman. She represents developers, public agencies, utilities, institutional investors, and nonprofits on a wide range of land use and real estate matters throughout the Pacific Northwest.

John (Jack) C. McCullough, John (Jack) C. McCullough, McCullough Hill Leary, concentrates on land use law and real estate financing and development. He has experience in the Growth Management Act, zoning, shoreline regulations, environmental compliance, and wetland regulation.

Gary N. McLean is President of the Hearing Examiners Association of Washington.

Morgan Shook, AICP Morgan Shook, AICP is a Partner & Project Director at ECONorthwest. He works for a range of government, business, and nonprofit clients, providing analyses that highlight opportunities, consequences, and trade-offs of decisions affecting land and infrastructure. He also recently served on the Seattle Planning Commission.

Dominga Soliz Dominga Soliz is Director of the Environmental & Land Use Hearings Office. She formerly served as a legal case manager for the Department of Enterprise Services, Office of Risk Management where she managed a caseload of more than 600 claims and lawsuits. She has also worked at the Department of Corrections as a hearing's unit administrator, violations project lead and risk mitigation manager.

Michael Spence Michael Spence is a partner at Helsell Fetterman. His practice emphasizes real estate transactions and brokerage matters, land use/zoning, alternative dispute resolution and litigation. He currently serves as retained legal counsel for the Seattle-King County Realtors and represents and advises many independent real estate brokerage firms on a wide range of real estate and business-related matters.

Joseph Tovar is an Affil Joseph Tovar is an Affil iate Associate Professor in the University of Washington College of Built Environments. In 2020, he began working in the College's Northwest Center for Livable Communities as the project manager for "Updating Washington's Growth Policy Framework". He previously served as a member of the Washington State Growth Management Hearings Board.

Chloe Thompson Villagomez Chloe Thompson Villagomez is a principal at Foster Garvey and focuses her practice on advising Native American Tribes and tribal entities. Prior to joining Foster Garvey, she served as the Tribal Attorney for the Snoqualmie Indian Tribe, Associate General Counsel for Port Madison Enterprises (an agency of the Suquamish Tribe) and in private practice with a boutique Indian law firm in the Minneapolis area.

Dean Williams, Johns Monroe Mitsunaga Kolouskova, focuses on negotiating with local jurisdictions for development approvals and representing builders in administrative and judicial appeals. He represents developers with permit applications in Kittitas, Thurston, Snohomish, and King Counties, and the Cities of North Bend, Edgewood, Sammamish, Issaquah, Kirkland, Lacey, Bellevue, Renton, and Redmond.

Roger Wynne is the Director of the Land Use Section in the Seattle City Attorney's Office.

Bryce Yadon, Bryce Yadon, Bryce Yadon Consulting, formerly served as the State Policy Director for Futurewise and continues to represent Futurewise on legislative matters.

Chris Young is Director of Development Services for Grant County.

Continuing Education Credits

Live credits: This program qualifies for 10.50 (1 Ethics included) Washington MCLE, 10.50 ABCEP environmental professional, and 10.50 AICP land use planner credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.

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