17^th Annual

Land Use Planning Conference

Austin Mar 21-22, 2013 AT&T Conference Center
Conference Concluded

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Overview

The Land Use Planning Conference is a must for anyone involved in land use, planning and land use law in Texas. The conference focuses on real-world problems and offers practical solutions, and brings together an outstanding faculty including developers' attorneys, land use planners, local government attorneys, engineers, and state and local regulators.

Hear in-depth discussion on how the land development process in Texas actually works with guidance and advice from the experts on the myriad issues confronting the development community and federal, state and local governments.

2013 Program highlights include:

Case law and legislative updates
Series of presentations on public-private partnerships, including financing and ethical issues
Fair Housing and confronting “Not in My Back Yard,” plus new uses in residential areas
Special Districts: Policy Issues
Demographic Characteristics and Trends in Texas: Implications for Land Use
Friday morning breakfast breakout sessions on timely issues
2.25 hours of ethics

Come a day early for Land Use Planning Fundamentals—the perfect primer or refresher.

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Day 1 March 21, 2013
Day 2 March 22, 2013

Time

Credit

Subject

Speaker
Thursday Morning, Mar. 21, 2013
Presiding Officer:
Deborah F. McAbee, City of Houston Legal Department - Houston, TX
8:00 am

Registration Opens

Includes continental breakfast.
8:50 am

Welcoming Remarks
9:00 am

0.75 hr

Case Law Update

Update of recent state and federal land use cases on preemption, vested rights, "spot zoning," takings, ripeness/exhaustion, sexually oriented businesses, etc., with commentary and an attempt to identify which cases follow—or buck—trends in the law.

James L. Dougherty Jr., Attorney at Law - Houston, TX
9:45 am

0.50 hr

Takings Jurisprudence and Municipal Planning and Zoning Practices: The Practical Impact of Sheffield and Stafford

Nine years have passed since the Texas Supreme Court issued its ground-breaking takings decisions on regulatory takings (Sheffield v. City of Glenn Heights) and development exactions (Town of Flower Mound v. Stafford Estates). While considered by many at the time of their release as cases that would forever change the legal landscape regarding how Texas cities could engage in legitimate planning and zoning practices, the actual impact of these cases, in both the courts and day-to-day city practices, warrants closer consideration. An analysis of Sheffield and Stafford, how the courts have interpreted and applied them over the last nine years and, most importantly, how these cases impact planning and zoning practices today is presented.

Robert F. Brown, Brown & Hofmeister, L.L.P. - Richardson, TX
10:15 am

Break
10:30 am

0.75 hr

Grandfathering and Dealing with Nonconformities

Municipal implementation of Texas Local Government Code Chapter 245 and ordinances addressing nonconforming uses and nonconforming structures is covered.

Moderator:
Alan J. Bojorquez, Attorney at Law - Austin, TX
Panelists:
Arthur J. Anderson, Winstead PC - Dallas, TX
Panelists:
Terry D. Morgan, Attorney at Law - Dallas, TX
11:15 am

0.67 hr

Case Studies in Downtown Revitalization: Before and After

Many cities—both large and small—have recently undertaken revitalization projects. Hear the stories and learn the tools used to harness the market while promoting a strong public vision.

Robert M. Eury, Central Houston, Inc. - Houston, TX
Carl "Scooter" Gierisch, City of Roanoke - Roanoke, TX
Rob Parsons, Gateway Planning Group, Inc. - Dallas, TX
11:55 am

Pick Up Lunch

Included in conference registration.
Thursday Afternoon, Mar. 21, 2013
Presiding Officer:
Hon. Penelope Graves Redington, Texas Association of Regional Councils - Austin, TX
Luncheon Presentation
12:10 pm

0.75 hr

Demographic Characteristics and Trends in Texas: Implications for Land Use

Information on demographic, social and economic characteristics and trends in Texas with a focus on major urban areas is discussed in light of implications for shifts related to land value and use.

Lloyd Potter, Office of the State Demographer - Austin, TX
12:55 pm

Break
1:10 pm

0.50 hr

Utilities/Infrastructure

A discussion of who can provide services under current law and what those services entail.

This session has moved to 3:25 PM.

Mark H. Zeppa, Law Offices of Mark H. Zeppa, PC - Austin, TX
1:40 pm

1.00 hr
0.50 hr ethics

Meeting Process, Procedures and Presentation

Legal, practical and ethical issues associated with public meetings.

Jeffrey Steven Howard, McLean & Howard, L.L.P. - Austin, TX
Charles E. Zech, Denton, Navarro, Rocha & Bernal, P.C. - San Antonio, TX
2:40 pm

Break
2:55 pm

0.50 hr

County Land Use

Discussion of the current state of county land use law in Texas, including the statutes and authorities that counties have at their disposal and how to implement those authorities in order to regulate land use more effectively.

James P. Allison, Allison Bass & Associates - Austin, TX
3:25 pm

0.50 hr

Land Use Aspects of Natural Gas Drilling

While many cities in Texas have adopted comprehensive natural gas drilling ordinances, one of the key issues cities must address at the outset is whether gas drilling should be treated as a traditional zoning matter or simply as a business regulation that impacts land uses. This topic addresses the unique issues associated with various municipal regulatory frameworks.

This session has moved to 1:10 PM.

Terrence S. Welch, Brown & Hofmeister, L.L.P. - Richardson, TX
3:55 pm

0.75 hr

New Developments in Fair Housing Law and Tools for Confronting "Not In My Back Yard"

Experts in affordable housing discuss neighborhood opposition to locational and permitting approvals and offer legal as well as practical solutions. The discussion includes new legal developments nationally and in Texas that are impacting the siting of affordable and moderately-priced housing in higher income communities and how these developments are shifting the way some governmental entities approach land use planning. Case studies of best practices for confronting NIMBY in a variety of contexts are included.

Robert Henry Voelker, Munsch Hardt Kopf & Harr, P.C. - Dallas, TX
Heather K. Way, University of Texas School of Law - Austin, TX
4:40 pm

0.75 hr ethics

Ethics, Schmethics

Conflicts of interest, improper conduct and other ethical considerations. Situational ethics (are ethics fungible): "My ethics may not be yours, may not be hers, may not be his, etc."

This session has moved to 1:45 PM Friday.

Roberta Buchman Cross, City Of Galveston/City Attorney's Office - Galveston, TX
5:25 pm

Adjourn

Time

Credit

Subject

Speaker
Friday Morning, Mar. 22, 2013
Presiding Officer:
Misty M. Ventura, Shupe Ventura Lindelow & Olson, PLLC - Dallas, TX
Breakfast Breakout Sessions

Small group discussions on current issues important to you and your clients.
Included in conference registration.
Shared Equity Housing
8:00 am

0.75 hr

Shared Equity Housing

Kelly E. Weiss, Austin Habitat for Humanity - Austin, TX
Signage
8:00 am

0.75 hr

Signage

Larry W. Schenk, City of Houston Legal Department - Houston, TX
Conservation Easement (How Tax Policy Affects Land Use)
8:00 am

0.75 hr

Conservation Easement (How Tax Policy Affects Land Use)

David Braun, Braun & Gresham PLLC - Dripping Springs, TX
Preemption
8:00 am

0.75 hr

Preemption

David F. Johnson, Winstead PC - Fort Worth, TX
Anticipating Litigation
8:00 am

0.75 hr

Anticipating Litigation

Arthur J. Anderson, Winstead PC - Dallas, TX
8:45 am

Break
9:00 am

0.50 hr

Legislative Update

Overview of the current legislative landscape and review of proposed legislation impacting land use planning.

Snapper Carr, Focused Advocacy, LLC - Austin, TX
9:30 am

0.50 hr

Local Legislation/Bracket Bills

With the Texas Legislature in session, it is very timely to review the law and practice of local bills and bracketed bills. A discussion of proper drafting techniques and pitfalls to avoid.

Camm 'Trey' Carrington Lary III, Allen Boone Humphries Robinson LLP - Houston, TX
10:00 am

0.50 hr

Changes in Eminent Domain Procedures

This presentation focuses on the recent comprehensive legislation fundamentally changing and, in some practical respects, complicating the condemnation process. A general analysis of recent, landmark Texas Supreme Court opinions impacting cities and pipeline corporations is also offered.

Jameene Yvonne Banks, Denton, Navarro, Rocha & Bernal, P.C. - San Antonio, TX
10:30 am

Break
10:45 am

0.50 hr

Annexation Battles

Strategies, practices and analysis of hard-fought battles between cities over disputed property.

This session has moved to 12:30 PM.

George Edward Hyde, Denton, Navarro, Rocha & Bernal, P.C. - Austin, TX
11:15 am

0.75 hr

New Uses in Residential Areas

Uses in residential areas that pose challenges to both large and small cities.

This session has moved to 11:30 AM.

Joseph John Gorfida Jr., Nichols, Jackson, Dillard, Hager & Smith L.L.P. - Dallas, TX
Theresa O'Donnell, City of Dallas - Dallas, TX
12:00 pm

Pick Up Lunch

Included in conference registration.
Friday Afternoon, Mar. 22, 2013
Presiding Officer:
Ed Walts, The University of Texas System - Austin, TX
Luncheon Presentation
12:15 pm

0.75 hr

Special Districts: Policy Issues

Is it good policy or bad to have overlapping governmental entities? What are the pros and cons of having special districts in counties and corporate limits?

This session has moved to 10:45 AM.

Moderator:
Misty M. Ventura, Shupe Ventura Lindelow & Olson, PLLC - Dallas, TX
Panelists:
Hugh Emerson Coleman, Denton County - Sanger, TX
Panelists:
Cheryl Williams, Collin County Commissioners Court - McKinney, TX
1:00 pm

Break
Public-Private Partnerships
1:15 pm

0.50 hr

Financial Aspects of Public-Private Partnerships

Hear dos and don'ts of underwriting or monetizing economic development agreements. Enforcement issues, remedies, defenses to enforcement and sovereign immunity are discussed.

Peter Gardner Smith, Nichols, Jackson, Dillard, Hager & Smith L.L.P. - Dallas, TX
1:45 pm

0.50 hr

Ground Lease Mixed Use Urban Developments with a University

Case study of UT Austin's redevelopment of an underutilized asset through a P3.

This session has moved to 4:40 PM Thursday.

Amy Wanamaker, The University of Texas at Austin - Austin, TX
2:15 pm

1.00 hr ethics

Ethical Issues in Public-Private Partnerships

Attorneys must be sensitive to a host of ethical issues in public-private partnerships, ranging from the Disciplinary Rules of Professional Conduct to state regulations to local ethics standards. This presentation identifies relevant standards of conduct, anticipates ethics-related scenarios and provides guidance on dealing with those issues.

Ross Fischer, Denton, Navarro, Rocha & Bernal, P.C. - Austin, TX
3:15 pm

Adjourn

Day 1 March 21, 2013
Day 2 March 22, 2013

Download Schedule

Conference Faculty

James P. Allison

Allison Bass & Associates
Austin, TX

Arthur J. Anderson

Winstead PC
Dallas, TX

Jameene Yvonne Banks

Denton, Navarro, Rocha & Bernal, P.C.
San Antonio, TX

Alan J. Bojorquez

Attorney at Law
Austin, TX

David Braun

Braun & Gresham PLLC
Dripping Springs, TX

Robert F. Brown

Brown & Hofmeister, L.L.P.
Richardson, TX

Snapper Carr

Focused Advocacy, LLC
Austin, TX

Hugh Emerson Coleman

Denton County
Sanger, TX

Roberta Buchman Cross

City Of Galveston/City Attorney's Office
Galveston, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Robert M. Eury

Central Houston, Inc.
Houston, TX

Ross Fischer

Denton, Navarro, Rocha & Bernal, P.C.
Austin, TX

Carl "Scooter" Gierisch

City of Roanoke
Roanoke, TX

Joseph John Gorfida Jr.

Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Dallas, TX

Jeffrey Steven Howard

McLean & Howard, L.L.P.
Austin, TX

George Edward Hyde

Denton, Navarro, Rocha & Bernal, P.C.
Austin, TX

David F. Johnson

Winstead PC
Fort Worth, TX

Camm 'Trey' Carrington Lary III

Allen Boone Humphries Robinson LLP
Houston, TX

Terry D. Morgan

Attorney at Law
Dallas, TX

Theresa O'Donnell

City of Dallas
Dallas, TX

Rob Parsons

Gateway Planning Group, Inc.
Dallas, TX

Lloyd Potter

Office of the State Demographer
Austin, TX

Larry W. Schenk

City of Houston Legal Department
Houston, TX

Peter Gardner Smith

Nichols, Jackson, Dillard, Hager & Smith L.L.P.
Dallas, TX

Misty M. Ventura

Shupe Ventura Lindelow & Olson, PLLC
Dallas, TX

Robert Henry Voelker

Munsch Hardt Kopf & Harr, P.C.
Dallas, TX

Amy Wanamaker

The University of Texas at Austin
Austin, TX

Heather K. Way

University of Texas School of Law
Austin, TX

Kelly E. Weiss

Austin Habitat for Humanity
Austin, TX

Terrence S. Welch

Brown & Hofmeister, L.L.P.
Richardson, TX

Cheryl Williams

Collin County Commissioners Court
McKinney, TX

Charles E. Zech

Denton, Navarro, Rocha & Bernal, P.C.
San Antonio, TX

Mark H. Zeppa

Law Offices of Mark H. Zeppa, PC
Austin, TX

Planning Committee

Deborah F. McAbee—Co-Chair

City of Houston Legal Department
Houston, TX

Misty M. Ventura—Co-Chair

Shupe Ventura Lindelow & Olson, PLLC
Dallas, TX

Reid C. Wilson—Co-Chair

Wilson, Cribbs & Goren, P.C.
Houston, TX

Arthur J. Anderson

Winstead PC
Dallas, TX

Alan J. Bojorquez

Attorney at Law
Austin, TX

William D. Darling

Strasburger & Price, LLP
Austin, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Julie Y. Fort

Messer, Rockefeller & Fort
Frisco, TX

Jeffrey Steven Howard

McLean & Howard, L.L.P.
Austin, TX

Lynne B. Humphries

Allen Boone Humphries Robinson LLP
Houston, TX

Rob Killen

Kaufman & Killen, Inc.
San Antonio, TX

Hollis L. Levy

The University of Texas School of Law
Austin, TX

Dan Markson

The NRP Group LLC
San Antonio, TX

W. Andrew Messer

Messer, Rockefeller & Fort
Frisco, TX

Dorothy Palumbo

City of Galveston
Galveston, TX

E. Scott Polikov

Gateway Planning Group, Inc.
Fort Worth, TX

Hon. Penelope Graves Redington

Texas Association of Regional Councils
Austin, TX

Ed Walts

The University of Texas System
Austin, TX

Terrence S. Welch

Brown & Hofmeister, L.L.P.
Richardson, TX

Charles E. Zech

Denton, Navarro, Rocha & Bernal, P.C.
San Antonio, TX

Credit Info

Austin

MCLE Credit

Texas – 13.75 hrs | 2.25 hrs Ethics
Legal Specialization(s): Administrative Law, Real Estate Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Attendance will be provided in Your Briefcase for your records. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 13.75 hrs | 2.25 hrs Ethics

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

Oklahoma – 16.50 hrs | 2.50 hrs Ethics

You must claim and certify your credit online in Your Briefcase, then you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.

Other Credit

American Institute of Certified Planners (AICP) – 13.75 hrs | 1.50 hrs Ethics

https://www.planning.org/cm/

Certified Professional Landman (AAPL) – 13.75 hrs | 2.25 hrs Ethics

Following the conference, UT CLE will send, to attendees who have claimed AAPL credit in their briefcase, by email the AAPL Affidavit of Attendance with the AAPL course number and reporting information included.
http://www.landman.org

Registered Landman (AAPL) – 13.75 hrs | 2.25 hrs Ethics

Following the conference, UT CLE will send attendees a certificate of attendance with the AAPL course number and reporting information included.
http://www.landman.org

Registered Professional Landman (AAPL) – 13.75 hrs | 2.25 hrs Ethics

Following the conference, UT CLE will send attendees a certificate of attendance with the AAPL course number and reporting information included.
http://www.landman.org

TX Accounting CPE – 16.50 hrs

The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you are welcome to sign in on the Accounting CPE Record of Attendance form at the registration desk, but we are now reporting all credit online. You will receive a Texas Accounting Certificate of Completion in Your Briefcase. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.

Contact us at accreditation@utcle.org if you have additional questions.

TX Appraiser (ACE) – 11.45 hrs

UT Law CLE will report your ACE credits to TALCB within 10 days of the conference, using the activity code listed. For more information, visit: https://www.talcb.texas.gov/

TX Land Surveyor – 8.00 hrs

This course may qualify for self-reporting credits with PELS (TX Board of Professional Engineers and Land Surveyors) - please use the link below to find information on how to track your credit with PELS. When you select this credit type, you will receive a downloadable Certificate of Attendance with date and course information for your records.

https://pels.texas.gov/lscep.htm

TX Professional Engineer – Expected – 0.00 hr

TX Real Estate Commission (TREC) – Expected – 9.00 hrs

To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-1%2004.10.23.pdf
Use this link to obtain the TREC MCE form for self-reporting your TREC credit. To obtain your Certificate of Attendance you will need to claim credit in your UTCLE account and once claimed you will be able to download a Certificate of Attendance to include with your credit request form.

Key Dates

Austin – Mar 21-22, 2013 – AT&T Conference Center

Conference Concluded

Buy

Austin

Standard Registration
Last day for $475.00 Regular pricing: Mar 15, 2013

$525.00 for registrations received after this time

Green Registration - USB Key ONLY
Last day for $475.00 Regular pricing: Mar 15, 2013

$525.00 for registrations received after this time

Last day for cancellation (full refund): Mar 15, 2013

$50 processing fee applied after this date

Last day for cancellation: Mar 18, 2013

Venue

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$174.00 good through Feb 26, 2013

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

The AT&T Conference Center Hotel is sold out.

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

17th Annual

Land Use Planning Conference

Austin Mar 21-22, 2013 AT&T Conference Center Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Thursday Morning, Mar. 21, 2013

Thursday Afternoon, Mar. 21, 2013

Friday Morning, Mar. 22, 2013

Friday Afternoon, Mar. 22, 2013

Conference Faculty

James P. Allison

Arthur J. Anderson

Jameene Yvonne Banks

Alan J. Bojorquez

David Braun

Robert F. Brown

Snapper Carr

Hugh Emerson Coleman

Roberta Buchman Cross

James L. Dougherty Jr.

Robert M. Eury

Ross Fischer

Carl "Scooter" Gierisch

Joseph John Gorfida Jr.

Jeffrey Steven Howard

George Edward Hyde

David F. Johnson

Camm 'Trey' Carrington Lary III

Terry D. Morgan

Theresa O'Donnell

Rob Parsons

Lloyd Potter

Larry W. Schenk

Peter Gardner Smith

Misty M. Ventura

Robert Henry Voelker

Amy Wanamaker

Heather K. Way

Kelly E. Weiss

Terrence S. Welch

Cheryl Williams

Charles E. Zech

Mark H. Zeppa

Planning Committee

Deborah F. McAbee—Co-Chair

Misty M. Ventura—Co-Chair

Reid C. Wilson—Co-Chair

Arthur J. Anderson

Alan J. Bojorquez

William D. Darling

James L. Dougherty Jr.

Julie Y. Fort

Jeffrey Steven Howard

Lynne B. Humphries

Rob Killen

Hollis L. Levy

Dan Markson

W. Andrew Messer

Dorothy Palumbo

E. Scott Polikov

Hon. Penelope Graves Redington

Ed Walts

Terrence S. Welch

Charles E. Zech

Credit Info

MCLE Credit

Other Credit

Key Dates

Venue

AT&T Conference Center

Accommodations

Parking Information

Our Sponsors

Stay in the loop with UT Law CLE

17^th Annual

Austin Mar 21-22, 2013 AT&T Conference Center
Conference Concluded