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See also: Wednesday's Land Use Fundamentals, March 24

NEW THIS YEAR: Wednesday Afternoon Austin Tour - March 24

Approved for 13.75 hours of AICP CM credit.
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2010

Land Use Conference

Austin Mar 25-26, 2010 AT&T Conference Center
Conference Concluded
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Overview

Join leading regulatory officials, developers, attorneys, planners, engineers and land use experts at the 2010 Land Use Conference. See the program for the full agenda and schedule.

This year's program is being held at the brand new AT&T Conference Center and Hotel on the campus of the University of Texas at Austin. The center offers great rooms, a superb meeting space, and is within walking distance of downtown and campus amenities.

NEW THIS YEAR—Wednesday Afternoon Austin Tour: Join us on a unique tour of the Mueller and Seaholm redevelopment projects, with commentary from and discussion with the projects' master planners and developers, and city staff. Space is limited; register for the tour early!

Come a day early for Land Use Fundamentals—ideal for officials, attorneys, planners, developers and engineers new to the land use process or looking for a refresher.

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Event Schedule

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

  • Day 1 March 25, 2010
  • Day 2 March 26, 2010
  • Time
    Credit
    Subject
    Speaker
  • Thursday Morning, Mar. 25, 2010
    Presiding Officer:
    Julie Y. Fort, Strasburger & Price, LLP - Frisco, TX
  • 8:00 am
    Registration Opens
    Includes continental breakfast.

  • 8:50 am
    Welcoming Remarks

  • Jump-Starting Development: Tools, Incentives, and Transportation Funding

  • 9:00 am
    1.00 hr
    Regulatory Barriers to Development: Developer Perspectives and Municipal Responses
    "Red tape" or necessary administrative and public process? Excessive regulation harming property rights and the economy or valid laws promoting the public health, safety and welfare? The answers may be different depending on the perspective, but how a city prevents one and promotes the other often requires the cooperation and creativity of those with different perspectives. This panel discussion explores how some municipal development procedures and substantive requirements can create "regulatory barriers" to development. The panel also discusses possible methods of addressing, removing or mitigating regulatory barriers where they exist, including a review of tools to facilitate desirable development.

    Moderator:
    Jeffrey Steven Howard, McLean & Howard, L.L.P. - Austin, TX
    Panelists:
    Rob Killen, Kaufman & Killen - San Antonio, TX
    Panelists:
    James B. Knight P.E., Bury + Partners, Inc. - Austin, TX
    Panelists:
    John Webb, City of Richardson - Richardson, TX
    Panelists:
    Diane Callander Wetherbee, City of Plano - Plano, TX

  • 10:00 am
    0.75 hr
    An Updated Look at Public Improvement Districts (PIDs) to Promote Economic Development
    A practical guide to using PIDs for economic development after HB 621, taking into consideration the impact of guidelines from the Attorney General's office including the use of installment sales agreements, reimbursement agreements, and bonds, and including timelines for PID creation and the levy of assessments.

    Dwight A. (Ike) Shupe, Shupe Ventura Lindelow & Olson, PLLC - Fort Worth, TX

  • 10:45 am
    Break

  • 11:00 am
    0.75 hr
    Economic Development Incentives for Jump Starting Small- and Medium-Sized Development
    Hear how to seek and provide financing for small and medium sized developments through the use of 380 agreements, TIRZ, TIF, Certificates of Obligations, Land Banking, and Type A and Type B sales tax, including examples. Economic development is not just for big projects anymore.

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

  • Thursday Afternoon, Mar. 25, 2010
    Presiding Officer:
    James L. Dougherty Jr., Attorney at Law - Houston, TX
  • 11:45 am
    Pick up Box Lunch
    Included in Conference registration fee.

  • LUNCHEON PRESENTATION

  • 12:00 pm
    0.83 hr ethics
    Avoiding the Perp Walk: Criminal Laws and Ethics in Land Use
    In the land use context, seemingly innocent behavior—including emails, meetings, phone calls, meals, trips and even expressions of gratitude—can implicate criminal laws and ethics rules. They can apply to public officials and private parties, both lawyers and non-lawyers. This presentation is designed to help everyone avoid "the worst case scenario."

    James L. Dougherty Jr., Attorney at Law - Houston, TX
    Ross Fischer, Denton, Navarro, Rocha & Bernal, P.C. - San Antonio, TX

  • 12:50 pm
    Break

  • 1:05 pm
    0.67 hr
    The Road is to Be, or Not to Be? Driving through the Smoke and Mirrors of Transportation Funding
    Simplifying the mystery of transportation funding. Will there be any in the future? What is an MPO and how does it affect me? Tips on finding funding for a road or thoroughfare.

    Rider Scott, Strasburger & Price, LLP - Frisco, TX

  • 1:45 pm
    0.33 hr
    TxDOT Project Development Process Manual Revisions
    Learn about the revisions to TxDOT's Project Development Process Manual, enabling new approaches for transportation projects in urban contexts. These changes require local partnerships and provide for more flexibility in design of federal aid and state roadways, creating opportunities for more walkable, sustainable development and neighborhoods.

    E. Scott Polikov, Gateway Planning Group Inc - Fort Worth, TX

  • 2:05 pm
    0.75 hr
    Platting and Proportionality: A Practical Look at Local Government Code 212.904
    This session looks at the impact of "Rough Proportionality" in light of the limits recent case law and statutes place on local government requirements for dedications and fees as a condition to plat and development approvals. The discussion reviews ordinance procedures, and provides guidance on how to assess development impact and how to negotiate a proper result under Stafford v. City of Flower Mound and Tex. Loc. Gov't Code Sec. 212.904, with a primary focus on roadway dedications and traffic issues. The session also includes a discussion on how to present and appeal a local government decision.

    Susan Alleman, Traffic Engineers, Inc. - Houston, TX
    David Zuehl Conoly, David Z. Conoly, P.C. - Corpus Christi, TX
    Reid Carroll Wilson, Wilson, Cribbs & Goren, P.C. - Houston, TX

  • 2:50 pm
    0.50 hr
    Redevelopment Challenges and Opportunities: A Case Study of Downtown Revitalization
    How the city or the state looks at redevelopment challenges and opportunities—lessons from the Arlington experience.

    Ed Walts, Real Estate Office - Austin, TX
    Trey Yelverton, City of Arlington - Arlington, TX

  • 3:20 pm
    Break

  • 3:35 pm
    0.75 hr
    Annexation and Development Agreements
    Growth is coming to your city, and state law gives you various ways to prepare for it. Learn the process of annexing territory and when it may be more advantageous to use the development agreement option.

    Julie Y. Fort, Strasburger & Price, LLP - Frisco, TX
    Scott N. Houston, Texas Municipal League - Austin, TX

  • 4:20 pm
    0.50 hr
    The Fair Housing Act and Municipal Zoning
    This session focuses on the Fair Housing Act and its potential effects on a city's ability to amend its residential zoning ordinances. Density bonuses and affordable housing incentives are also discussed.

    Michael C. Klein, Smith Robertson Elliott Glen Klein & Bell, L.L.P. - Austin, TX
    Tom Nuckols, City of Austin Law Department - Austin, TX

  • 4:50 pm
    0.50 hr
    What are the Texas Banks Doing and Why? Funding for New Development, Refi's and Redevelopment
    Caught between regulatory demands to increase capital and limit exposure to real estate, the regional banks, including Texas, are providing little if any funding for new development and redevelopment. This session discusses the dynamics and pressures on banks to avoid recognizing losses, increase capital and lower real estate exposure and how that is playing out in the Texas market. How long will this liquidity crisis continue and why? What, if any, options and incentives can municipalities and developers employ to increase the chance of getting development funding?

    James A. Nolen Jr., McCombs School of Business - Austin, TX

  • 5:20 pm
    Adjourn

  • Time
    Credit
    Subject
    Speaker
  • Friday Morning, Mar. 26, 2010
    Presiding Officer:
    Susan C. Rocha, San Antonio, TX
  • 8:00 am
    0.75 hr
    Breakfast Break-out Sessions
    Included in the conference registration. One-on-one discussions on current issues on topics important to you and your clients.

    Everything You Wanted to Know About Oversight and Regulation of Dams
    Warren Samuelson, Austin, TX

    Placement and Regulation of Cell Towers: What Are the Limits?
    Georgia Nell Crump, Austin, TX

    Illumination and Dark Skies Ordinances, including Open Spaces Involving Military Facilities
    Rob Killen, San Antonio, TX

    Transmission Line Issues including Wind and Right of Way
    Bradford W. Bayliff, Austin, TX

    A Practical Look at Municipal Regulation in the ETJ and the Limits of Such Regulating Powers
    Robert Brown, Richardson, TX

    Rural Water Supply Issues, Federal Funding Blackouts, CCNs and More
    Monte Akers, Austin, TX

    Dealing with Wetlands in the Land Development Process: Identification, Permitting, and Avoiding Enforcement
    Sharon Marie Mattox, Houston, TX

    Monte Akers, Akers & Boulware-Wells, L.L.P. - Austin, TX
    Bradford W. Bayliff, Casey Gentz & Magness, L.L.P. - Austin, TX
    Robert F. Brown, Brown & Hofmeister, L.L.P. - Richardson, TX
    Georgia Nell Crump, Lloyd Gosselink Rochelle & Townsend PC - Austin, TX
    Rob Killen, Kaufman & Killen - San Antonio, TX
    Warren Samuelson, Texas Commission on Environmental Quality (TCEQ) - Austin, TX
    Kristie M. Tice, Vinson & Elkins LLP - Houston, TX

  • 8:45 am
    Break

  • 9:00 am
    0.67 hr
    Recent Land Use Law Developments
    A survey of recent case law development and key legislative initiatives including the Texas constitutional amendments related to land use and eminent domain.

    Bruce M. Kramer, Of Counsel, McGinnis, Lochridge & Kilgore, L.L.P. - Houston, TX

  • 9:40 am
    0.50 hr
    Advanced Issues Involving Non-Conforming Uses and Structures: Common Law, Ordinances, Chapter 245, and More
    Two land use lawyers compare and contrast the various types of "grandfathering" available under Texas law and provide practical tips for pursuing—and working with—each type.

    Arthur J. Anderson, Winstead PC - Dallas, TX
    James L. Dougherty Jr., Attorney at Law - Houston, TX

  • 10:10 am
    Break

  • 10:25 am
    0.50 hr
    Municipal Challenges in Managing Foreclosures and Bankruptcies, including Prosecuting and Enforcing the Land Use Code
    What has economic meltdown brought to the front door of City Hall? This session covers the problems many cities are facing during the downturn in the economic landscape, including the economic repercussions of developer foreclosures and bankruptcies, as well as the municipal reactions, responses and possible solutions. Additional discussion includes enforcement of land use ordinances and prosecution of violations when landowners are facing foreclosure, in bankruptcy or when a lending institution has already taken over.

    Barbara A. Boulware-Wells, Akers & Boulware-Wells, L.L.P. - Austin, TX

  • 10:55 am
    0.50 hr
    Practical Tips on How to Avoid Challenges Based on Religious Freedom and Discrimination
    Update on recent court decisions under Tx RFRA and RUILPA but with an added bonus—a practical guide on how to fix your current zoning ordinances to avoid (or help defeat) a legal challenge in the future.

    Ryan Scott Henry, Denton Navarro Rocha & Bernal, P.C. - San Antonio, TX

  • 11:25 am
    0.75 hr
    Revitalization through Form-Based Codes and Value Capture
    Cities are expanding their regulatory tool box beyond conventional zoning to include form-based codes to catalyze redevelopment while preserving the unique character of their downtowns and aging commercial corridors. Combining the creativity of the New Urbanism and the opportunity of preservation, redevelopment can be activated with form-based codes to support catalytic projects that sustain redevelopment through phased reinvestment in streets and public spaces. Scaling up redevelopment in downtowns and commercial corridors requires the belief by investors and developers that investment in one property will be leveraged and supported by investment in other adjacent projects. Accordingly, the need for a city's regulatory scheme for a particular redevelopment area to create a scenario as if the area was under single ownership—in a sense a de facto master development complex—is critical to sustaining development long term. This session explores the changes necessary to the regulatory environment to support such redevelopment in small, medium and large cities.

    William S. Dahlstrom, Jackson Walker, L.L.P. - Dallas, TX
    E. Scott Polikov, Gateway Planning Group Inc - Fort Worth, TX

  • Friday Afternoon, Mar. 26, 2010
    Presiding Officer:
    Dorothy Palumbo, City of Highland Village - Highland Village, TX
  • LUNCHEON PRESENTATION

  • 12:10 pm
    Pick up Box Lunch
    Included in Conference registration fee.

  • 12:25 pm
    1.25 hrs ethics
    Getting What You Want: A Review of Negotiation Skills and Ethical Issues
    This 75-minute presentation outlines the steps in preparing for a negotiation, discusses factors to consider in picking a strategy, and demonstrates both how to use and how to counter some of the most common negotiation tactics. The presentation ends with an audience participation demonstration followed by group critique of the approaches used by participants in the demonstration. A cash prize—jointly sponsored by the law firms of Strasburger & Price and Denton, Navarro, Rocha & Bernal—will be awarded to the best negotiator.

    Dewitt F. (Mac) McCarley, City of Charlotte, President of the International Municipal Attorneys Association - Charlotte, NC

  • 1:40 pm
    Break

  • 1:55 pm
    1.50 hrs
    Preservation of Community Assets: Open Spaces, Landscaping, Sustainability, Funding and More
    Sustainable community design techniques including: master planning, preservation of existing vegetation and topography, promoting certain landscaping through regulations, well-designed common areas such as parks, trails, open space, and other community assets. Case Studies of preservation of open space and trees.

    Moderator:
    Dorothy Palumbo, City of Highland Village - Highland Village, TX
    Panelists:
    Alan J. Bojorquez, Bojorquez Law Firm, PLLC - Austin, TX
    Panelists:
    Matthew Goebel, Clarion Associates - Denver, CO
    Panelists:
    Rob Killen, Kaufman & Killen - San Antonio, TX
    Panelists:
    Kimberley Mickelson, Law Office of Kimberley Mickelson, PC - Houston, TX

  • 3:25 pm
    Adjourn

  • Day 1 March 25, 2010
  • Day 2 March 26, 2010
Download Schedule

Conference Faculty

Monte Akers

Akers & Boulware-Wells, L.L.P.
Austin, TX

Susan Alleman

Traffic Engineers, Inc.
Houston, TX

Arthur J. Anderson

Winstead PC
Dallas, TX

Bradford W. Bayliff

Casey Gentz & Magness, L.L.P.
Austin, TX

Alan J. Bojorquez

Bojorquez Law Firm, PLLC
Austin, TX

Barbara A. Boulware-Wells

Akers & Boulware-Wells, L.L.P.
Austin, TX

Robert F. Brown

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

David Zuehl Conoly

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

Georgia Nell Crump

Lloyd Gosselink Rochelle & Townsend PC
Austin, TX

William S. Dahlstrom

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

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Ross Fischer

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

Julie Y. Fort

Strasburger & Price, LLP
Frisco, TX

Matthew Goebel

Clarion Associates
Denver, CO

Ryan Scott Henry

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

Scott N. Houston

Texas Municipal League
Austin, TX

Jeffrey Steven Howard

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

Rob Killen

Kaufman & Killen
San Antonio, TX

Michael C. Klein

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

James B. Knight P.E.

Bury + Partners, Inc.
Austin, TX

Bruce M. Kramer

Of Counsel, McGinnis, Lochridge & Kilgore, L.L.P.
Houston, TX

Dewitt F. (Mac) McCarley

City of Charlotte, President of the International Municipal Attorneys Association
Charlotte, NC

Kimberley Mickelson

Law Office of Kimberley Mickelson, PC
Houston, TX

James A. Nolen Jr.

McCombs School of Business
Austin, TX

Tom Nuckols

City of Austin Law Department
Austin, TX

Dorothy Palumbo

City of Highland Village
Highland Village, TX

E. Scott Polikov

Gateway Planning Group Inc
Fort Worth, TX

Warren Samuelson

Texas Commission on Environmental Quality (TCEQ)
Austin, TX

Rider Scott

Strasburger & Price, LLP
Frisco, TX

Dwight A. (Ike) Shupe

Shupe Ventura Lindelow & Olson, PLLC
Fort Worth, TX

Peter Gardner Smith

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

Kristie M. Tice

Vinson & Elkins LLP
Houston, TX

Ed Walts

Real Estate Office
Austin, TX

John Webb

City of Richardson
Richardson, TX

Diane Callander Wetherbee

City of Plano
Plano, TX

Reid Carroll Wilson

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

Trey Yelverton

City of Arlington
Arlington, TX

Planning Committee

Julie Y. Fort—Co-Chair

Strasburger & Price, LLP
Frisco, TX

Susan C. Rocha—Co-Chair

San Antonio, TX

Arthur J. Anderson

Winstead PC
Dallas, TX

Ruben Rogelio Barrera

San Antonio, TX

Alan J. Bojorquez

Bojorquez Law Firm, PLLC
Austin, TX

Barbara A. Boulware-Wells

Akers & Boulware-Wells, L.L.P.
Austin, TX

Robert F. Brown

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

Peter Joseph Cesaro

Austin, TX

David Zuehl Conoly

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

William S. Dahlstrom

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

James L. Dougherty Jr.

Attorney at Law
Houston, TX

Michael J. Esposito

Austin, TX

David Hartman

Austin, TX

Scott N. Houston

Texas Municipal League
Austin, TX

Jeffrey Steven Howard

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

Rob Killen

Kaufman & Killen
San Antonio, TX

Deborah F. Mcabee

Houston, TX

Kimberley Mickelson

Law Office of Kimberley Mickelson, PC
Houston, TX

Dorothy Palumbo

City of Highland Village
Highland Village, TX

E. Scott Polikov

Gateway Planning Group Inc
Fort Worth, TX

Hon. Penelope Graves Redington

Austin, TX

Dwight A. (Ike) Shupe

Shupe Ventura Lindelow & Olson, PLLC
Fort Worth, TX

Peter Gardner Smith

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

Misty M. Ventura

K&L Gates LLP
Dallas, TX

Ed Walts

Real Estate Office
Austin, TX

Terrence S. Welch

Richardson, TX

Reid Carroll Wilson

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

Charles E. Zech

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

Credit Info

  • Austin
MCLE Credit
Toggle view Texas – 13.75 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.
Toggle view California – 13.75 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
Toggle view Registered Landman (AAPL) – 13.50 hrs  |  2.00 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
Toggle view 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.
Toggle view TX Appraiser (ACE) – 13.50 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/
Toggle view 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
Toggle view 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 25-26, 2010 – AT&T Conference Center
Conference Concluded
Buy
  • Austin
Standard Registration
Last day for $460.00 Regular pricing: Mar 19, 2010

$510.00 for registrations received after this time


Last day for $485.00 Regular pricing: Mar 19, 2010

$535.00 for registrations received after this time

Last day for cancellation (full refund): Mar 19, 2010

$50 processing fee applied after this date

Last day for cancellation: Mar 22, 2010

Venue

speaker

AT&T Conference Center

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

Accommodations

$159.00 good through Mar 3, 2010

Parking Information

Self Parking $5 per day / Valet $10 per day / $14 Valet overnight

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