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13^th Annual

Land Use Conference

Austin Mar 26-27, 2009
Conference Concluded

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Overview

Conference

This program is a must for anyone involved in any aspect of planning and land use in Texas. The conference focuses on real-world problems and practical solutions, and brings together an outstanding panel of noted experts on Texas land use law, including developers' attorneys, land use planners, local government attorneys, engineers, plus state and local regulators.

The 2009 program addresses land planning and development issues in troubled times, including a keynote opening address by Jay Hartzell, Director, Real Estate Finance and Investment Center at the University of Texas, and offers substantial coverage of what the development community and local planning officials are doing to recycle and redevelop in a down real estate climate.

Learn how the land development process in Texas actually works, with practical guidance and advice from the experts on the multitude of issues confronting both the development community and local government.

Boot Camp

The Land Use Boot Camp addresses how governmental regulation affects real estate and community development, and both describes and explains the sometimes mystifying terminology used by planners, developers, and land use lawyers. An excellent primer or refresher.

Event Schedule

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

Day 1 March 26, 2009
Day 2 March 27, 2009

Time

Credit

Subject

Speaker
Thursday Morning, Mar. 26, 2009
Presiding Officer:
Reid Carroll Wilson, Wilson, Cribbs & Goren, P.C. - Houston, TX
9:00 am

0.75 hr

Fear Factor? Financial Market and Real Estate Development 2009-- Where Are We and What's Ahead?

Is the Texas real estate market following the rest of the country... down the tubes?

Jay C. Hartzell, Real Estate Finance and Investment Center, McCombs School of Business - Austin, TX
9:45 am

1.00 hr

Developers' Perspective in Tough Times

Developers discuss and share their pain and business processes on how they analyze and choose to move ahead on projects, including market analysis, financing constraints, building costs and regulatory costs, burdens and incentives. The session closes with a discussion and commentary on what developers would like to see from municipal and county officials to make development happen.

Moderator:
Reid Carroll Wilson, Wilson, Cribbs & Goren, P.C. - Houston, TX
Burdette Huffman, Weingarten Realty - Houston, TX
Terry E. Mitchell, Momark Development LLC - Austin, TX
David Palmer, Cencor Realty Services - Dallas, TX
10:45 am

Break
11:00 am

1.00 hr

Empty Spaces: Municipal Options to Refill, Recycle and Redevelop

This session explores municipal options and approaches to manage, re-fill, recycle and redevelop empty or abandoned properties. Code enforcement, re-zoning and special incentives, public/private collaboration, etc. are discussed.

Moderator:
Peter Gardner Smith, Nichols Jackson Dillard Hager - Dallas, TX
Fernando Costa, City of Fort Worth - Fort Worth, TX
Marlene Gafrick, City of Houston Planning Department - Houston, TX
Patrick Howard, Department of Planning and Development Services - San Antonio, TX
Theresa O'Donnell, City of Dallas - Dallas, TX
Thursday Afternoon, Mar. 26, 2009
Presiding Officer:
Veronica Rivera, Akers & Boulware-Wells - Austin, TX
12:00 pm

Pick up Box Lunch
Luncheon Presentation
12:15 pm

0.75 hr

Key Note Lunch Presentation: A Better Way to Zone

An analysis of the politics, economics, law and process of land development and zoning in America today.

Donald L. Elliott, Clarion Associates - Denver, CO
1:00 pm

Break
1:15 pm

0.75 hr

Land Use Regulations Outside the City...in the ETJ and Beyond

What activities can cities regulate? What can counties do? How do you deal with overlaps?

Moderator:
Hon. Penelope Graves Redington, Texas Association of Regional Councils - Austin, TX
Panelists:
James P. Allison, Allison Bass & Associates - Austin, TX
Panelists:
Stephan L. Sheets, Sheets & Crossfield - Round Rock, TX
2:00 pm

0.50 hr

MUDs and SUDs and Other Water Critters

A primer on financing water, sewer and drainage facilities, including the developer role, city powers, CCNs and Federal preemption issues.

Julie Y. Fort, Strasburger & Price, LLP - Frisco, TX
Misty M. Ventura, K&L Gates LLP - Dallas, TX
2:30 pm

0.75 hr

Vested Rights: A Practical Toolkit on How Best to Present and Respond to Claims

This session covers best practices and approaches for applicants presenting vested rights claims and for municipalities responding to these claims. Model ordinances, regulatory approaches and best practices in administrative proceedings are covered. This is a practical, non-ideological presentation suitable for lawyers and non-lawyers.

Dwight A. Shupe, K&L Gates LLP - Fort Worth, TX
S. Mark White, White & Smith, LLC - Lee's Summit, MO
3:15 pm

Break
3:30 pm

0.33 hr

Regulating Signs Without Reading Them

The First Amendment is violated when government regulates speech, including signage, based on the content of the message instead of reasonably restricting the time, place and manner of such speech. This session reviews the U.S. Supreme Court jurisprudence prohibiting content-based sign regulations and the case of RTM Media LLC vs. The City of Houston recently issued by the United States District Court for the Southern District of Texas on the topic. Additionally, the Texas Supreme Court has granted a petition to review the case of State of Texas v. Central Expressway Sign Associates, et al. regarding the compensability of billboards in eminent domain.

Richard L. Rothfelder, Rothfelder & Falick LLP - Houston, TX
3:50 pm

1.00 hr
0.33 hr ethics

How to Run Bulletproof and Effective Meetings and Contested Hearings — Including Related Ethical Issues

This session opens by highlighting the key procedures that must be followed to schedule and run adjudicative hearing and legislative meetings, including tips on how to effectively manage the process and avoid mistakes. This session continues with a discussion on techniques and strategies that can be used to maximize stakeholder input and increase the likelihood of achieving substantive results. Ethical issues and related exhaustion issues are discussed.

Commentator:
James L. Dougherty Jr., Attorney at Law - Houston, TX
E. Allen Taylor Jr., Taylor, Olson, Adkins, Sralla & Elam, L.L.P. - Fort Worth, TX
4:50 pm

0.50 hr

It Never Hurts to Ask (Or Does It?): Outrageous Land Use Requests

A fun, entertaining and educational look at true stories about land use requests.

Charles F. McNabb Jr., City Attorney's Office - El Paso, TX
5:20 pm

Adjourn

Time

Credit

Subject

Speaker
Friday Morning, Mar. 27, 2009
Presiding Officer:
James L. Dougherty Jr., Attorney at Law - Houston, TX
Breakfast Break-Out Sessions

Included in conference registration. One-on-one discussions of current issues on topics important to you and your clients.
8:00 am

0.75 hr

Breakfast Topic: Impact Fees - What's New?

Dorothy Palumbo, City of Highland Village - Highland Village, TX
Julian Andrew Grant, Office of the Attorney General - Austin, TX
8:00 am

0.75 hr

Breakfast Topic: Off-Street Parking: How Much is Enough?

Mary Lou Henry, T.B.G. / Vernon Henry & Associates - Houston, TX
8:00 am

0.75 hr

Breakfast Topic: No Religion Please. We're Planners

Ryan Scott Henry, Denton Navarro Rocha & Bernal PC - San Antonio, TX
8:00 am

0.75 hr

Breakfast Topic: High Tech Zoning: Antennas, Towers & Telecom

Deborah F. McAbee, City of Houston Legal Department - Houston, TX
8:00 am

0.75 hr

Breakfast Topic: ETJ and Annexation Workshop Q&A with an Expert

Robert F. Brown, Brown & Hofmeister, L.L.P. - Richardson, TX
8:00 am

0.75 hr

Breakfast Topic: So My Boundaries Don't Close. Is that a Problem?

Patty Akers, Bickerstaff Heath Delgado Acosta - Austin, TX
8:00 am

0.75 hr

Breakfast Topic: Small Town Land Use Challenges

Arthur Pertile III, Olson & Olson, L.L.P - Houston, TX
8:45 am

Break
9:00 am

0.67 hr

The Appeal of Comprehensive Form-Based Zoning in Troubled Times

What has the last year brought in new ideas and implications of form-based zoning? A discussion of the role and goals of form-based zoning and examples of effective use to achieve mixed-use development in troubled times in combination with other planning tools.

E. Scott Polikov, Gateway Planning Group Inc - Fort Worth, TX
9:40 am

0.75 hr

Zoning for Transit: Do's and Don'ts

Best practices near transit facilities.

Dana Burghdoff, City of Fort Worth - Fort Worth, TX
William S. Dahlstrom, Jackson Walker, L.L.P. - Dallas, TX
Jack Wierzenski, Dallas Area Rapid Transit - Dallas, TX
10:25 am

0.67 hr

Clean Up That Plat!

Experts discuss the proliferation of "plat notes" and other gobbledygook on plats, and suggest a return to the roots of platting with plain English dedication form and related notions.

James L. Dougherty Jr., Attorney at Law - Houston, TX
Reid Carroll Wilson, Wilson, Cribbs & Goren, P.C. - Houston, TX
11:05 am

Break
11:20 am

0.50 hr

Ripe and Exhausted: Current Trends in Land Use Case Law

A summary of the hoops a development permit applicant needs to jump through in order to file suit against a governmental entity.

Arthur J. Anderson, Winstead PC - Dallas, TX
11:50 am

0.50 hr

Green Developing: What's Happening?

Newest LEED, Green Globes and EnergyStar programs for green buildings; ANSI, ASHRAE and traditional building codes; green neighborhood design and platting.

Brian M. Malarkey, Kirksey - Houston, TX
Friday Afternoon, Mar. 27, 2009
Presiding Officer:
William E. (Ed) Walts II, The University of Texas System - Austin, TX
Luncheon Presentation
12:20 pm

Pick up Box Lunch
12:35 pm

0.25 hr

Land Use: Legislative Update

What's filed? What might pass?

Dorothy Palumbo, City of Highland Village - Highland Village, TX
12:50 pm

1.00 hr ethics

The Big Deal: Ethics of Negotiations Involving Economic Development

A discussion of ethical pitfalls, problem areas, conflict and confidentiality issues, and recommended approaches to negotiating economic development deals involving governmental entities, large out-of-state companies, investors, landowners and locals.

Ross Fischer, City of Seguin - Seguin, TX
1:50 pm

Break
Land Use Regulation of Local Drilling Activities and Pipelines
2:05 pm

0.67 hr

Oil and Gas Exploration and Drilling: "Drill, Baby Drill" vs. "Get That Rig Out of My Yard"

A discussion and analysis of current trends in municipal regulation and drilling activity, including the role of the railroad commission and preemption.

Jim Blackwell, Blackwell Environmental, LLC - Marble Falls, TX
Charles E. Zech, Denton, Navarro, Rocha & Bernal, P.C. - San Antonio, TX
2:45 pm

0.33 hr

Regulation of Pipelines

What can local jurisdictions do to regulate pipelines: a look at federal preemption issues and options available to control, limit or prevent build-out.

William G. Owens, Hays & Owens LLP - Austin, TX
3:05 pm

0.75 hr ethics

Advising Businesses and Government in a Troubled Economy: Ethical Policies, Procedures and Behavior

James M. McCormack, Law Office of James M. McCormack - Austin, TX
3:50 pm

Adjourn

Day 1 March 26, 2009
Day 2 March 27, 2009

Download Schedule

Conference Faculty

Patty Akers

Bickerstaff Heath Delgado Acosta
Austin, TX

James P. Allison

Allison Bass & Associates
Austin, TX

Arthur J. Anderson

Winstead PC
Dallas, TX

Jim Blackwell

Blackwell Environmental, LLC
Marble Falls, TX

Robert F. Brown

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

Dana Burghdoff

City of Fort Worth
Fort Worth, TX

Fernando Costa

City of Fort Worth
Fort Worth, TX

William S. Dahlstrom

Jackson Walker, L.L.P.
Dallas, TX

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Donald L. Elliott

Clarion Associates
Denver, CO

Ross Fischer

City of Seguin
Seguin, TX

Julie Y. Fort

Strasburger & Price, LLP
Frisco, TX

Marlene Gafrick

City of Houston Planning Department
Houston, TX

Julian Andrew Grant

Office of the Attorney General
Austin, TX

Jay C. Hartzell

Real Estate Finance and Investment Center, McCombs School of Business
Austin, TX

Mary Lou Henry

T.B.G. / Vernon Henry & Associates
Houston, TX

Ryan Scott Henry

Denton Navarro Rocha & Bernal PC
San Antonio, TX

Patrick Howard

Department of Planning and Development Services
San Antonio, TX

Burdette Huffman

Weingarten Realty
Houston, TX

Brian M. Malarkey

Kirksey
Houston, TX

Deborah F. McAbee

City of Houston Legal Department
Houston, TX

James M. McCormack

Law Office of James M. McCormack
Austin, TX

Charles F. McNabb Jr.

City Attorney's Office
El Paso, TX

Terry E. Mitchell

Momark Development LLC
Austin, TX

Theresa O'Donnell

City of Dallas
Dallas, TX

William G. Owens

Hays & Owens LLP
Austin, TX

David Palmer

Cencor Realty Services
Dallas, TX

Dorothy Palumbo

City of Highland Village
Highland Village, TX

Arthur Pertile III

Olson & Olson, L.L.P
Houston, TX

E. Scott Polikov

Gateway Planning Group Inc
Fort Worth, TX

Hon. Penelope Graves Redington

Texas Association of Regional Councils
Austin, TX

Richard L. Rothfelder

Rothfelder & Falick LLP
Houston, TX

Stephan L. Sheets

Sheets & Crossfield
Round Rock, TX

Dwight A. Shupe

K&L Gates LLP
Fort Worth, TX

Peter Gardner Smith

Nichols Jackson Dillard Hager
Dallas, TX

E. Allen Taylor Jr.

Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
Fort Worth, TX

Misty M. Ventura

K&L Gates LLP
Dallas, TX

S. Mark White

White & Smith, LLC
Lee's Summit, MO

Jack Wierzenski

Dallas Area Rapid Transit
Dallas, TX

Reid Carroll Wilson

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

Charles E. Zech

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

Planning Committee

James L. Dougherty Jr.—Co-Chair

Attorney at Law
Houston, TX

Reid Carroll Wilson—Co-Chair

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

Arthur J. Anderson

Winstead PC
Dallas, TX

Alan J. Bojorquez

Bovey & Bojorquez, LLP
Austin, TX

Robert F. Brown

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

Peter Cesaro

Graves, Dougherty, Hearon & Moody, P.C.
Austin, TX

Kirk D. Clennan

The City of Leander
Leander, TX

David Z. Conoly

David Z. Conoly, P.C.
Corpus Christi, TX

William S. Dahlstrom

Jackson Walker, L.L.P.
Dallas, TX

William D. Darling

Strasburger & Price, LLP
Austin, TX

Michael J. Esposito

The University of Texas School of Law
Austin, TX

Julie Y. Fort

Strasburger & Price, LLP
Frisco, TX

David Hartman

Smith, Robertson, Elliott, Glen, Klein & Bell, L.L.P.
Austin, TX

Scott N. Houston

Texas Municipal League
Austin, TX

Deborah F. McAbee

City of Houston Legal Department
Houston, TX

Kimberley Mickelson

Law Office of Kimberley Mickelson, PC
Houston, TX

James M. Nias

Jackson Walker L.L.P.
Austin, TX

Dorothy Palumbo

City of Highland Village
Highland Village, TX

E. Scott Polikov

Gateway Planning Group Inc
Fort Worth, TX

Ross M. Rathgeber

Southwest Constructors, Inc.
Austin, TX

Hon. Penelope Graves Redington

Texas Association of Regional Councils
Austin, TX

Veronica Rivera

Akers & Boulware-Wells
Austin, TX

Susan C. Rocha

Denton, Navarro, Rocha & Bernal
San Antonio, TX

Peter Gardner Smith

Nichols Jackson Dillard Hager
Dallas, TX

William E. (Ed) Walts II

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 – 14.00 hrs | 2.00 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 – 14.00 hrs | 2.00 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.

Other Credit

Registered Landman (AAPL) – 14.00 hrs

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

TX Accounting CPE – 16.00 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) – 12.45 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 Professional Engineer – 0.00 hr

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/pecep.htm

TX Real Estate Commission (TREC) – 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 26-27, 2009

Conference Concluded

Buy

Austin

Standard Registration
Last day for $450.00 Regular pricing: Mar 18, 2009

$500.00 for registrations received after this time

Last day for cancellation (full refund): Mar 20, 2009

$50 processing fee applied after this date

Last day for cancellation: Mar 23, 2009

Venue

Accommodations

$99.00 good through Mar 10, 2009

Parking Information

Complimentary Self-Parking

Our Sponsors

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

13th Annual

Land Use Conference

Austin Mar 26-27, 2009 Conference Concluded

Buy

Related products: Materials

Overview

Event Schedule

Thursday Morning, Mar. 26, 2009

Thursday Afternoon, Mar. 26, 2009

Friday Morning, Mar. 27, 2009

Friday Afternoon, Mar. 27, 2009

Conference Faculty

Patty Akers

James P. Allison

Arthur J. Anderson

Jim Blackwell

Robert F. Brown

Dana Burghdoff

Fernando Costa

William S. Dahlstrom

James L. Dougherty Jr.

Donald L. Elliott

Ross Fischer

Julie Y. Fort

Marlene Gafrick

Julian Andrew Grant

Jay C. Hartzell

Mary Lou Henry

Ryan Scott Henry

Patrick Howard

Burdette Huffman

Brian M. Malarkey

Deborah F. McAbee

James M. McCormack

Charles F. McNabb Jr.

Terry E. Mitchell

Theresa O'Donnell

William G. Owens

David Palmer

Dorothy Palumbo

Arthur Pertile III

E. Scott Polikov

Hon. Penelope Graves Redington

Richard L. Rothfelder

Stephan L. Sheets

Dwight A. Shupe

Peter Gardner Smith

E. Allen Taylor Jr.

Misty M. Ventura

S. Mark White

Jack Wierzenski

Reid Carroll Wilson

Charles E. Zech

Planning Committee

James L. Dougherty Jr.—Co-Chair

Reid Carroll Wilson—Co-Chair

Arthur J. Anderson

Alan J. Bojorquez

Robert F. Brown

Peter Cesaro

Kirk D. Clennan

David Z. Conoly

William S. Dahlstrom

William D. Darling

Michael J. Esposito

Julie Y. Fort

David Hartman

Scott N. Houston

Deborah F. McAbee

Kimberley Mickelson

James M. Nias

Dorothy Palumbo

E. Scott Polikov

Ross M. Rathgeber

Hon. Penelope Graves Redington

Veronica Rivera

Susan C. Rocha

Peter Gardner Smith

William E. (Ed) Walts II

Terrence S. Welch

13^th Annual

Austin Mar 26-27, 2009
Conference Concluded