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	<title>Karp Neu Hanlon</title>
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		<title>Rifle&#8217;s Future Development</title>
		<link>http://www.mountainlawfirm.com/2012/04/rifles-future-development/</link>
		<comments>http://www.mountainlawfirm.com/2012/04/rifles-future-development/#comments</comments>
		<pubDate>Thu, 12 Apr 2012 03:33:09 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[news]]></category>

		<guid isPermaLink="false">http://184.173.199.238/~mtnlaw/?p=466</guid>
		<description><![CDATA[The City of Rifle continues to plan for fu­ture development of Rifle&#8217;s downtown core and gateway area. The latest step in the process is a year­long downtown strategic plan project that will determine viable options for develop­ment and rehabilitation for Rifle&#8217;s down­town core and ‘gateway&#8217; area. According to City Planner Nathan Lindquist the first phase of the project will address ...]]></description>
			<content:encoded><![CDATA[<p>The City of Rifle continues to plan for fu­ture development of Rifle&#8217;s downtown core and gateway area.</p>
<p>The latest step in the process is a year­long downtown strategic plan project that will determine viable options for develop­ment and rehabilitation for Rifle&#8217;s down­town core and ‘gateway&#8217; area.</p>
<p>According to City Planner Nathan Lindquist the first phase of the project will address a number of topics including future transit options, street design, building and site design and engineering, market analy­sis and energy sustainability. The ultimate goal is to determine a number of viable projects, and be prepared to move forward as soon as funding for development and construction can be attained.</p>
<p>“The main idea is to identify the projects we want to move forward with and put the city in a position to leverage this money to get more funds for construction,” Lindquist said. City Council approved a contract with Boulder-based Charlier and Associates at its Jan. 4 meeting to head phase one of the project. Funding for the project comes from an $806,000 Community Challenge Plan­ning grant awarded to the City of Rifle from the U.S. Department of Transporta­tion and the U.S. Department of Housing and Urban Development (HUD). The city received the grant in Oct. 2010, according to Lindquist, specifically because of its par­ticipation in the Colorado Sustainable Main Streets Initiative and the city&#8217;s track record of building relationships with other organi­zations to complete projects such as the Ri­fle Civic Plaza and Rifle Branch Library project, where the city collaborated with the Garfield County Library District.</p>
<p>The contract with Charlier and Associ­ates is for $445,118 for phase one of the Downtown TOD Strategic Plan Project.</p>
<p>Councilor Keith Lambert expressed slight opposition to the project despite later voting for approval at the Jan. 4 meeting.</p>
<p>“I don&#8217;t want to plan for the sake of plan­ning,” Lambert said, pointing out that a lot of the scope of work presented in the plan has previously been done. But according to Lindquist, Charlier will use what planning work has already been done and move for­ward.</p>
<p>“We wanted to take the planning that has already been completed and take it to the next level, and not redo the work that has al­ready been done,” Lindquist said.</p>
<p>More specifically, the city has already completed a significant amount of work to define a transit-oriented development pat­tern for the downtown and gateway area in­cluding a downtown master plan, a gateway conceptual alternative report, an associated feasibility study and an updated downtown zoning code. Each of these documents won&#8217;t be rewritten, Lindquist said, but will be used to provide a foundation for the overall assessment.</p>
<p>Specifics of the project will look at Sec­ond Street between the Rifle Branch Li­brary and the Brenden Rifle 7 Movie The­atre to determine opportunities best suited for the community that will enhance down­town.</p>
<p>“We are trying to find ways to collabo­rate with businesses and property owners to bring new opportunities and investments to Rifle,” Lindquist said. “That is the main idea.”</p>
<p>Another specific topic to be addressed through phase one will determine the feasi­bility of an integrated local and regional transit strategy including potential for high capacity connections into the Roaring Fork Valley and future connections down valley as Rifle becomes an employment destina­tion.</p>
<p>“This will look more to regional transit and what is the long term vision,” Lindquist said. “Do we want to eventually have bus­rapid transit, like Aspen to Glenwood, or not? If we do, we need to look at how that will work in the downtown even if it&#8217;s 10 years away.”</p>
<p>Phase one is scheduled to be completed in Dec. 2012. There is also a public out­reach component to phase one as well to garner public input on the projects. Accord­ing to Lindquist, an initial meeting will likely be scheduled for early March, but no specific date has yet been set.</p>
]]></content:encoded>
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		<item>
		<title>Colorado Initiatives #3 and #45: The “Public Trust Doctrine” Resurfaces In Proposed Ballot Initiatives</title>
		<link>http://www.mountainlawfirm.com/2012/03/colorado-initiatives-3-and-45-the-public-trust-doctrine-resurfaces-in-proposed-ballot-initiatives/</link>
		<comments>http://www.mountainlawfirm.com/2012/03/colorado-initiatives-3-and-45-the-public-trust-doctrine-resurfaces-in-proposed-ballot-initiatives/#comments</comments>
		<pubDate>Mon, 12 Mar 2012 03:34:31 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[news]]></category>

		<guid isPermaLink="false">http://184.173.199.238/~mtnlaw/?p=468</guid>
		<description><![CDATA[In Colorado, citizens can propose ballot initiatives to amend the Colorado Constitution or statute. Two such initiatives related to the “Public Trust Doctrine” – Proposed Initiative #3 and #45 &#8211; have recently emerged and, if adopted by voters, could have significant impacts on Colorado water law and vested water rights. Richard Hamilton (of Fairplay) and Phillip Doe proposed the initiatives. ...]]></description>
			<content:encoded><![CDATA[<p>In Colorado, citizens can propose ballot initiatives to amend the Colorado Constitution or statute. Two such initiatives related to the “Public Trust Doctrine” – Proposed Initiative #3 and #45 &#8211; have recently emerged and, if adopted by voters, could have significant impacts on Colorado water law and vested water rights. Richard Hamilton (of Fairplay) and Phillip Doe proposed the initiatives. Mr. Hamilton made 5 similar proposals between 1994 and 2002, each rejected.</p>
<p>In a nutshell, the “Public Trust Doctrine” seeks to make public ownership of Colorado’s water (by the State) superior to all decreed water rights, allowing the State to manage others’ water rights for the “public interest.” The Doctrine would also grant unrestricted public access along natural streams up the natural high water mark. The Public Trust Doctrine flies the face of current water administration, private property rights, and use of water and riparian areas in Colorado.</p>
<p>Colorado Water Congress (“CWC”) has taken the lead on challenging the initiatives. In January, the Title Board of the Colorado Secretary of State approved the initiatives to appear on the Fall ballot; however, the CWC appealed the initiatives and they are currently before the Colorado Supreme Court, with a ruling expected in April</p>
<p>For more information, see www.coloradowatercongress.com.</p>
]]></content:encoded>
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		</item>
		<item>
		<title>Land Use</title>
		<link>http://www.mountainlawfirm.com/2012/02/land-use/</link>
		<comments>http://www.mountainlawfirm.com/2012/02/land-use/#comments</comments>
		<pubDate>Sun, 12 Feb 2012 03:35:04 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[news]]></category>

		<guid isPermaLink="false">http://184.173.199.238/~mtnlaw/?p=471</guid>
		<description><![CDATA[As anyone involved in the real estate market can attest, the past few years have witnessed dynamic changes in both inventory and capital markets.  The market today bears little resemblance to the landscape of 2008 and prior boom years, leaving lenders, developers, investors, and buyers scurrying to reposition themselves.  One pronounced trend of great impact locally and nationwide has been ...]]></description>
			<content:encoded><![CDATA[<p>As anyone involved in the real estate market can attest, the past few years have witnessed dynamic changes in both inventory and capital markets.  The market today bears little resemblance to the landscape of 2008 and prior boom years, leaving lenders, developers, investors, and buyers scurrying to reposition themselves.  One pronounced trend of great impact locally and nationwide has been the precipitous decline of multi-family projects.  Although the so-called Great Recession kicked off with a wide inventory of this housing product on the market, new construction and sales continue to be stymied by lending challenges.  In response, the Sonoran Institute, a regional non-profit with a mission to “inspire and enable community decisions and public policies that respect the land and people of western North America,” recently hosted a workshop on real estate financing and economic development in Glenwood Springs.  The event was well attended by Garfield County real estate professionals, including attorneys from Karp Neu Hanlon, P.C., and featured a panel of experts providing baseline information on multi-family real estate financing as well as group discussion. Copies of the presentations are available at http://www.sonoraninstitute.org/where-we-work/central-rockies/real-estate-financing-and-economic-development-workshop.html.</p>
<p>The outlook presented at the financing seminar was mixed.  Although banks are recapitalized and assets are high, banks, taking a cue from current Federal Housing Authority (FHA) financing requirements, are risk-averse to an extreme degree.  The most desirable projects in terms of financing are conventional housing schemes such as the single-family residential suburban development, a common enough sight in Western Colorado and beyond but hardly responsive to the region’s needs and values.  In contrast to conservative lenders, residential development trends indicate a sense of place and community is most desirable to buyers.  Walkability, a mix of uses, 24-hour activity, and transit centers are all highly ranked factors for today’s buyer.  The obvious disconnect between the two products described, combined with other economic factors, is driving potential home owners to the rental market, even in an environment with historically low mortgage interest rates.  See http://www.freddiemac.com/pmms/pmms30.htm.  Andy Knudtsen of Economic and Planning Systems, Inc. reported that 16,000 rental units are in the development pipeline in metropolitan Denver, and investors are focused on the rental market as well.</p>
<p>Will this trend continue, or will lending requirements for mixed use and condominium projects relax to the extent that potential buyers will be able to finance their desired product?  In response to this question, participants at the Sonoran Institute seminar discussed various indicators but agreed that the federal government and FHA must do more to encourage investment by setting reasonable standards for construction and residential lending.</p>
]]></content:encoded>
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		<title>PROPERTY TAX – CHANGES TO AGRICULTURAL CLASSIFICATION</title>
		<link>http://www.mountainlawfirm.com/2012/01/property-tax-changes-to-agricultural-classification/</link>
		<comments>http://www.mountainlawfirm.com/2012/01/property-tax-changes-to-agricultural-classification/#comments</comments>
		<pubDate>Thu, 12 Jan 2012 03:36:17 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[news]]></category>

		<guid isPermaLink="false">http://184.173.199.238/~mtnlaw/?p=473</guid>
		<description><![CDATA[Last session, the Colorado legislature passed House Bill 11-1146 (“HB 11-1146”), amending the statutory definition of “agricultural land” for property tax purposes to exclude up to two (2) acres of land underlying and surrounding a residence and other improvements (i.e. barn, stables, etc.) unless those improvements are “integral to an agricultural operation” conducted on the property.  See C.R.S. § 39-1-103(1.6)(a)(I)(A).  Previously, “agricultural ...]]></description>
			<content:encoded><![CDATA[<p>Last session, the Colorado legislature passed House Bill 11-1146 (“HB 11-1146”), amending the statutory definition of “agricultural land” for property tax purposes to exclude up to two (2) acres of land underlying and surrounding a residence and other improvements (i.e. barn, stables, etc.) unless those improvements are “integral to an agricultural operation” conducted on the property.  <em>See </em>C.R.S. § 39-1-103(1.6)(a)(I)(A).  Previously, “agricultural land” specifically included land underlying improvements located on agricultural property.</p>
<p>Under the new law, an improvement is considered “integral to an agricultural operation” if an “individual occupying the residential improvement [or spouse, parent grandparent sibling, or child of the individual occupying the residential improvement] either regularly conducts, supervises, or administers material aspects of the agricultural operation.”  <em>See </em>C.R.S. § 39-1-103(1.6)(a)(I)(B).</p>
<p>HB 11-1146 poses two risks to owners of agricultural land.  First, it may result in the land underlying improvements to be taxed as “residential” and not “agricultural.”  Second, this legislation could have an effect on the rights of redemption in foreclosure proceedings.  Under current law, owners of land taxed as agricultural are entitled to a 6-month redemption period.  Owners of non-agricultural land do not receive any redemption rights.</p>
<p>County Assessors are currently sending owners of agricultural land questionnaires to determine if a property should retain its agricultural status under the new law.  Attorneys at Karp Neu Hanlon, P.C. have successfully handled property tax protests, appeals, and abatement proceedings involving agricultural property and can help protect a property’s beneficial classification and ensure you are not overpaying property taxes.</p>
<p><em>To see the text of HB 11-1146, follow this link: </em><a href="http://www.leg.state.co.us/CLICS/CLICS2011A/csl.nsf/fsbillcont3/523FB7A4B6092FB28725780800801513?Open&amp;file=1146_enr.pdf">http://www.leg.state.co.us/CLICS/CLICS2011A/csl.nsf/fsbillcont3/523FB7A4B6092FB28725780800801513?Open&amp;file=1146_enr.pdf</a></p>
]]></content:encoded>
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		</item>
		<item>
		<title>Planning for Rifle&#8217;s downtown future</title>
		<link>http://www.mountainlawfirm.com/2011/12/planning-for-rifles-downtown-future/</link>
		<comments>http://www.mountainlawfirm.com/2011/12/planning-for-rifles-downtown-future/#comments</comments>
		<pubDate>Mon, 12 Dec 2011 03:37:14 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[news]]></category>

		<guid isPermaLink="false">http://184.173.199.238/~mtnlaw/?p=475</guid>
		<description><![CDATA[City hires Boulder firm to conduct planning project for Rifle&#8217;s future John Gardner Citizen Telegram Staff Rifle, Colorado Prime development property on Second Street in Rifle is one of the main areas to be assessed in the downtown strategic planning project this year in Rifle. The goal of the project is to determine viable development projects that will enhance Rifle&#8217;s ...]]></description>
			<content:encoded><![CDATA[<div>City hires Boulder firm to conduct planning project for Rifle&#8217;s future</div>
<div><a href="mailto:jgardner@citizentelegram.com">John Gardner</a><br />
Citizen Telegram Staff<br />
Rifle, Colorado</div>
<div>
<div><img src="http://www.citizentelegram.com/apps/pbcsi.dll/bilde?Site=RT&amp;Date=20120119&amp;Category=MISC04&amp;ArtNo=120119991&amp;Ref=AR&amp;Profile=1064&amp;maxw=300&amp;MaxH=300" alt="Prime development property on Second Street in Rifle is one of the main areas to be assessed in the downtown strategic planning project this year in Rifle. The goal of the project is to determine viable development projects that will enhance Rifle's downtown." border="0" /></div>
<div><img src="http://www.citizentelegram.com/Global/images/articles/enlarge.gif" alt="Prime development property on Second Street in Rifle is one of the main areas to be assessed in the downtown strategic planning project this year in Rifle. The goal of the project is to determine viable development projects that will enhance Rifle's downtown." align="right" border="0" /></div>
<p>Prime development property on Second Street in Rifle is one of the main areas to be assessed in the downtown strategic planning project this year in Rifle. The goal of the project is to determine viable development projects that will enhance Rifle&#8217;s downtown.</p>
<div>John Gardner / Citizen Telegram</div>
<div></div>
<div>The City of Rifle continues to plan for fu­ture development of Rifle&#8217;s downtown core and gateway area.</div>
<p>The latest step in the process is a year­long downtown strategic plan project that will determine viable options for develop­ment and rehabilitation for Rifle&#8217;s down­town core and ‘gateway&#8217; area.</p>
<p>According to City Planner Nathan Lindquist the first phase of the project will address a number of topics including future transit options, street design, building and site design and engineering, market analy­sis and energy sustainability. The ultimate goal is to determine a number of viable projects, and be prepared to move forward as soon as funding for development and construction can be attained.</p>
<p>“The main idea is to identify the projects we want to move forward with and put the city in a position to leverage this money to get more funds for construction,” Lindquist said. City Council approved a contract with Boulder-based Charlier and Associates at its Jan. 4 meeting to head phase one of the project. Funding for the project comes from an $806,000 Community Challenge Plan­ning grant awarded to the City of Rifle from the U.S. Department of Transporta­tion and the U.S. Department of Housing and Urban Development (HUD). The city received the grant in Oct. 2010, according to Lindquist, specifically because of its par­ticipation in the Colorado Sustainable Main Streets Initiative and the city&#8217;s track record of building relationships with other organi­zations to complete projects such as the Ri­fle Civic Plaza and Rifle Branch Library project, where the city collaborated with the Garfield County Library District.</p>
<p>The contract with Charlier and Associ­ates is for $445,118 for phase one of the Downtown TOD Strategic Plan Project.</p>
<p>Councilor Keith Lambert expressed slight opposition to the project despite later voting for approval at the Jan. 4 meeting.</p>
<p>“I don&#8217;t want to plan for the sake of plan­ning,” Lambert said, pointing out that a lot of the scope of work presented in the plan has previously been done. But according to Lindquist, Charlier will use what planning work has already been done and move for­ward.</p>
<p>“We wanted to take the planning that has already been completed and take it to the next level, and not redo the work that has al­ready been done,” Lindquist said.</p>
<p>More specifically, the city has already completed a significant amount of work to define a transit-oriented development pat­tern for the downtown and gateway area in­cluding a downtown master plan, a gateway conceptual alternative report, an associated feasibility study and an updated downtown zoning code. Each of these documents won&#8217;t be rewritten, Lindquist said, but will be used to provide a foundation for the overall assessment.</p>
<p>Specifics of the project will look at Sec­ond Street between the Rifle Branch Li­brary and the Brenden Rifle 7 Movie The­atre to determine opportunities best suited for the community that will enhance down­town.</p>
<p>“We are trying to find ways to collabo­rate with businesses and property owners to bring new opportunities and investments to Rifle,” Lindquist said. “That is the main idea.”</p>
<p>Another specific topic to be addressed through phase one will determine the feasi­bility of an integrated local and regional transit strategy including potential for high capacity connections into the Roaring Fork Valley and future connections down valley as Rifle becomes an employment destina­tion.</p>
<p>“This will look more to regional transit and what is the long term vision,” Lindquist said. “Do we want to eventually have bus­rapid transit, like Aspen to Glenwood, or not? If we do, we need to look at how that will work in the downtown even if it&#8217;s 10 years away.”</p>
<p>Phase one is scheduled to be completed in Dec. 2012. There is also a public out­reach component to phase one as well to garner public input on the projects. Accord­ing to Lindquist, an initial meeting will likely be scheduled for early March, but no specific date has yet been set.</p>
</div>
]]></content:encoded>
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