Advancing Zoning, Planning and Land Use Objectives Through Public-Private Partnerships (2023 Zoning, Planning & Land Use Section Program)
8:25 Registration and Continental Breakfast
8:55 Welcome and Introductions
9:00 Case Law and Legislative Update
James L. "Jim" Joyce, UNC School of Government, Chapel Hill Adam Lovelady, UNC School of Government, Chapel Hill
In this always-popular and useful update, UNC School of Government professors review the major cases and legislation from the past year that impact zoning, planning and land use law.
10:00 Break
10:10 Case Law and Legislative Update (cont.)
James L. "Jim" Joyce, UNC School of Government, Chapel Hill Adam Lovelady, UNC School of Government, Chapel Hill
11:10 Break
11:20 Advancing Common Goals Through Conditional Zoning
Toby Coleman, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh
This session explores the use of zoning conditions as a method of collaboration between private developers and local governments, including the legislative framework for conditional zoning and the limitations on the scope of the permissible zoning conditions.
12:20 Zoning, Planning & Land Use Section Annual Meeting
Terrie Hagler-Gray, City of Charlotte, Charlotte, 2022-2023 Section Chair, presiding
12:35 Lunch Break
1:20 Coordinating Provision of Public Facilities With Private Land Development: Five Options for a P3 Project
Lisa C. Glover, Town of Cary, Cary
Explore the five statutory mechanisms that authorize local governments to work with private developers to advance both public infrastructure and facilities construction together with private land development. Learn the differences between the five approaches and hear how one municipality has used them to advance both development and public objectives.
2:20 Break
2:30 Partnering With the Private Sector for Affordable Housing Development: A Successful Case Study in Asheville
Jannice Ashley, City of Asheville, Asheville Payne Kassinger, Kassinger Development Group, Asheville Tyler Kassinger, Kassinger Development Group, Asheville
In this session, learn about the laws that govern disposition of city-owned property (N.C.G.S. § 160A-267) and community development (N.C.G.S. §§ 160D-1311 and -1316) and how the city utilized the authority granted to engage the private sector in the development of an 80-unit affordable (60% AMI and 80% AMI) and market-rate housing rental development with a 50-year affordability period. Hear key takeaways and lessons learned from both the perspective of the city and the private developer.
3:30 Break
3:40 Harnessing the Capital From Opportunity Zones Toward Equitable Development Goals*
Alexandra Forter Sirota, NC Budget & Tax Center, Durham
The Tax Cuts and Job Creation Act (HR1) passed in December 2017 includes provisions that establish Opportunity Zones. The goal of these zones is to drive private, long-term capital to distressed census tracts by providing investors with tax breaks on capital gains. This session includes a review of the ways this policy is being implemented in North Carolina, analysis of impacts to date, and ways in which it could advance equitable economic development based on case studies in communities.
This year's program focuses on public-private partnerships (P3s) and the various ways such partnerships can advance planning and land use objectives as well as successful development.
Contributors
Jannice Ashley
Jannice Ashley is a Senior Assistant City Attorney with the City of Asheville which she joined in 2010. Within the City’s legal department consisting of 5 attorneys, she has primary responsibility for the practice areas of Planning and Zoning (serving as the legal advisor to the City’s Planning & Zoning Commission and the City/County Historic Resources Commission), Real Estate, and Community & Economic Development/Affordable Housing. Though she has prior work experience in the private and non-profit sectors, Jannice is most passionate about working on behalf of the public sector to serve the public interest in an impactful way and feels that in the role of a municipal attorney, she has found her true professional calling. She very much enjoys the diverse range of issues she gets to work on as a municipal attorney, particularly for a city with such an active and engaged citizenry as Asheville, and she feels fortunate to be able to work on planning, community development, and affordable housing matters which have been long-held areas of interest for her.
Prior to earning her law degree at North Carolina Central University, Jannice obtained her Master’s degree in Urban and Regional Planning from UNC-Chapel Hill and worked as a Housing Planner for the City of Greensboro, a Multi-family Tax Credit Program Representative at the NC Housing Finance Agency, and an affordable housing (tax credit) developer with the NRP Group, all experiences which she draws on regularly and which she believes enhance her abilities and understanding as an attorney.
Toby Coleman is a partner at Smith Anderson Blount Dorsett Mitchell & Jernigan LLP in Raleigh. He practices in the areas of land use, zoning, municipal law, commercial real estate and construction. He helps developers, landowners and others navigate the complex and varied processes for obtaining government approvals and permits for land development.
Toby has deep experience in representing clients in all phases of the development permitting process, and has handled contested rezonings and quasi-judicial proceedings before boards, commissions and other authorities throughout North Carolina. He also is a litigator with knowledge of and experience in the unique aspects of land use law, construction law and real estate law.
Toby is deeply involved in the development community. Currently, he is the Chair of the Triangle Community Coalition, a coalition which focuses on improving land use policy in the Triangle region of North Carolina. He is a member of the North Carolina Bar Association's Zoning, Planning & Land Use Section Council. He also serves as the president of the Board of Directors of BARCares, a program that provides confidential mental health counseling to North Carolina's legal community.
Toby's practice as a land use lawyer is informed by his prior experience as a newspaper reporter covering local governments. Before Toby went to law school, he was a newspaper reporter for seven years, including at the Raleigh News & Observer.
Toby earned his B.A., cum laude, in Public Policy Studies from Duke University and his J.D., cum laude, from Duke University School of Law.
Lisa C. Glover is the Town Attorney for Cary. She represents Cary in all aspects of municipal law, with a focus on land use law and development.
Prior to representing Cary, Lisa was an Assistant Attorney General for the North Carolina Department of Justice, and represented the Department of Transportation in environmental law matters. She began her legal career as a clerk to Judge Joseph R. John, Sr., of the North Carolina Court of Appeals.
Lisa earned her B.S. in Biology from the UNC Chapel Hill, and J.D. and Masters of Environmental Management degrees from Duke University.
James L. "Jim" Joyce is an Assistant Professor of Public Law and Government at the School of Government at UNC–Chapel Hill. He teaches, researches, and advises on topics of community planning, development regulation, and the environmental impacts of land development. He joined the School of Government in 2020 after practicing environmental and land use law for over ten years at a global law firm.
Since joining the School of Government faculty, Jim has authored guidance documents and provided an array of training and advice to local government officials across the state on the new Chapter 160D of the North Carolina General Statutes. He also posts to the School's local government law blog, Coates Canons.
Prior to entering private practice, Jim served as a summer clerk and fall fellow at the School of Government, where he co-authored the book Inclusionary Zoning: A Guide to Ordinances and the Law.
Jim earned his B.A., with highest honors, from the University of North Carolina at Chapel Hill, a Masters of Community Planning from the University of Maryland, and his J.D. from the University of Virginia School of Law.
Payne Kassinger is with Kassinger Development Group in Asheville.
Kassinger Development Group is a privately owned real estate development company formed in 2004 and based in Charleston, South Carolina & Asheville, North Carolina. The company develops and owns upscale, environmentally friendly, energy efficient multi-family communities within the Southeastern United States.
Tyler Kassinger
Tyler Kassinger is with Kassinger Development Group in Asheville.
Kassinger Development Group is a privately owned real estate development company formed in 2004 and based in Charleston, South Carolina & Asheville, North Carolina. The company develops and owns upscale, environmentally friendly, energy efficient multi-family communities within the Southeastern United States.
Adam Lovelady
Adam Lovelady is an Associate Professor of Public Law and Government at the School of Government at UNC Chapel Hill. He teaches, researches, and advises on topics of zoning, land subdivision, transportation, renewable energy, and historic preservation. He joined the School of Government in 2012. He also serves as an Adjunct Associate Professor in the Department of City and Regional Planning at UNC Chapel Hill. Adam was named Albert and Gladys Hall Coates Term Professor for Teaching Excellence for 2019-2021, and he was named Coates Distinguished Term Assistant Professor for 2015–2017.
Adam's publications include Chapter 160D: A New Land Use Law for North Carolina (2019), Quasi-Judicial Handbook: A Guide for Boards Making Development Regulation Decisions (2017), Reshaping Suburban Spaces: Lessons from North Carolina Cities (2016), and Land Subdivision Regulation in North Carolina (2015). He has authored a variety of land use law bulletins, law review articles, and special reports. Additionally, he regularly posts to the School's local government law blog, Coates Canons. His 2014 report, Planning and Zoning for Solar in North Carolina, received the Margaret Taylor Writing Award in 2015. He also has designed and authored a library of web-based training modules on zoning topics for use by local boards. In addition, he has served as a trainer for the National Alliance for Preservation Commissions, teaching local preservation commissions around the country.
Before coming to the School, Adam practiced law in Richmond, VA, focusing on land use regulation, environmental law, and sustainable development. Prior to that, he taught second grade in Atlanta as part of Teach for America and worked in historic preservation in Asheville and Shelby.
Adam earned a BA in history from Auburn University and a Masters of Urban and Environmental Planning as well as a J.D. from the University of Virginia.
Colin McGrath is a partner at Poyner Spruill LLP in Raleigh. His legal practice includes zoning and land use advice and counsel, as well as litigation, for both public and private entities. He represents land owners, developers and local governments in state and federal court on a myriad of land use, zoning and environmental issues. He has also successfully represented land owners and developers in proceedings before local Boards of Adjustment, City Councils, and County Commissioners on a variety of complex and controversial land use projects.
Colin also devotes a substantial part of his practice to civil litigation, representing clients in a wide range of complex business disputes including corporate governance disputes, government-related disputes, tax litigation, antitrust matters, construction disputes, and trade secret litigation.
Colin earned his B.A., magna cum laude, in Political Science from the University of South Carolina-Columbia and his J.D. from Campbell University Norman Adrian Wiggins School of Law.
Alexandra Forter Sirota is the Executive Director at the NC Budget & Tax Center in Durham. She leads the organization's work to ensure every person can reach their full potential and achieve well-being through the support of trustworthy, anti-racist institutions and systems that we all participate in building.
Alexandra earned her B.A. in Anthropology from Haverford College, her M.A. in International Relations from University of Chicago - Committee on International Relations and her M.A. in Public Policy from The Harris School of Public Policy at University of Chicago.
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