August 22 - Land Use
Update: Drafting Land Use Ordinances
You'll learn about:
- Legal issues in drafting regulations that are often overlooked, and how to recognize them: vagueness and over breadth, delegation of authority, constitutional issues.
- Identifying unclear language, and thinking ordinances through to avoid unintended consequences; How to better organize regulations.
- Writing in plain English; avoiding legalese and plannerese. Remember your audience.
On a daily basis, planners at all levels and in all jobs are called upon to draft, use, and interpret many types of documents. All of these documents and actions have legal implications that can land an issue before a Board of Adjustment, another internal appeals or hearing board, or a judge.
Little time in a planner's education is often spent on the nuances of good writing, and the importance of clarity. In the day-to-day rush of getting work done, writing may end up rushed as well. The presenters will cover important issues in language usage, legislative drafting, and discuss specific legal issues that come up in the regulatory context, like delegation of authority, and vagueness, definitions, and the importance of findings and legislative history.
The presenters will use examples from their practices to discuss how planners and lawyers approach ordinance drafting differently, and how to achieve clear, enforceable, and defensible regulations.
Attendees will leave with practice tips on how to identify the legal issues, how to evaluate their documents for clarity and logical organization, and how to avoid the most common pitfalls int he drafting process.
Speakers: David Silverman & Kim Mickelson
David Silverman has a thorough understanding of the zoning and entitlements process. His prior career as a professional planner informs his practice as an attorney, giving him an unprecedented understanding of the dynamics that influence the zoning and entitlement process. His multi-faceted professional background also provides public and private sector clients with advisory services that extend beyond legal representation to help them achieve their goals and objectives.
David is co-chair of Ancel Glink’s Zoning and Land Use Group and co-editor of the group’s e-newsletter, In the Zone. David also serves as moderator for the Zoning and Land Use Group’s Twitter site, @AncelGlinkLand.
David is involved with several organizations that promote better land use and development practices. David serves on the Executive Board of the Illinois Chapter of the American Planning Association as its Legislative Committee chair and serves as the Education and Outreach Chair for the Planning and Law Division of the American Planning Association. In addition, David is also a member of the Ely Chapter (Chicago) of Lambda Alpha International, Urban Land Institute, and is a member of the American Institute of Certified Planners.
Kimberly Mickelson is an attorney and planner with the City of Houston, TX and is the President of the Texas Chapter of the American Planning Association, and the Editor of A Guide to Urban Planning in Texas Communities. Her practice is concentrated in the representation of governmental and non-profit corporations. She specializes in and represents cities across Texas and in Illinois on land use matters, including zoning and platting, economic development, airport law, special districts, development agreements, and cemetery law. She is licensed in both Texas and Illinois, and writes and speaks frequently on planning and land use law issues nationally. She is also Visiting Associate Professor of Practice in the Master’s Program, Landscape Architecture and Urban Planning Department in the College of Architecture at Texas A&M University. Ms. Mickelson is an honors graduate of the Plan II program at The University of Texas, and The University of Texas School of Law and the Lyndon B. Johnson School of Public Affairs. She attended Schiller International University in Heidelberg, Germany, studied municipal and historic preservation at in Krakow, Poland during graduate school, and was a post-graduate research fellow at the University of Belgrade. She is a member of the Texas Bar Association and serves on the Government Law Section Council, the Texas City Attorney’s Association, the Houston Bar Association, the American Planning Association (APA), and the American Institute of Certified Planners. She serves on the University of Texas Libraries Council, and is a former board member of Preservation Texas and Preservation Chicago. In her spare time, she is active in neighborhood redevelopment and historical cemetery preservation issues, is a rabid Longhorn football fan, and an art quilter.