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Recent Developments in Entitlements, Nonconformities, Takings, and Annexations

Contains material from May 2019

Recent Developments in Entitlements, Nonconformities, Takings, and Annexations
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Session 1: Design Discretion in Entitlements: The Hays St. Bridge Problem - Property adjacent to the Hays St. Bridge, in downtown San Antonio, would seem to have zoning and other entitlements allowing construction of a multi-family complex. However, San Antonio has implemented design guidelines for downtown projects, which injects a large amount of discretion into the development process, via the Historic and Design Review Commission. This discretion calls into question the nature of zoning entitlements.

Session 2: Nonconformities - Hear a comprehensive discussion of nonconforming uses and structures, and how nonconforming rights may be established, regulated and terminated. Plus a bonus tip: Stop using the term “legal nonconforming”!

Session 3: Takings: A Case Study in Current Issues - Explore topical issues in inverse condemnation, with an emphasis on pragmatic suggestions to resolving takings disputes.

Session 4: Annexations - Learn about dealing with annexations post SB 6 including public/private cooperation and annexation strategies for Tier 1 and Tier 2 cities.

Includes: Video Audio Paper Slides


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1. Design Discretion in Entitlements: The Hays St. Bridge Problem (May 2019)

James McKnight

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(mp4)
27 mins
(mp3)
27 mins
(pdf)
26 pgs
Session 1 —27 mins
Design Discretion in Entitlements: The Hays St. Bridge Problem (May 2019)

Property adjacent to the Hays St. Bridge, in downtown San Antonio, would seem to have zoning and other entitlements allowing construction of a multi-family complex. However, San Antonio has implemented design guidelines for downtown projects, which injects a large amount of discretion into the development process, via the Historic and Design Review Commission. This discretion calls into question the nature of zoning entitlements.

Originally presented: Apr 2019 Land Use Conference

James McKnight, Brown & Ortiz, P.C. - San Antonio, TX

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2. Nonconformities (May 2019)

Brenda N. McDonald

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(mp4)
36 mins
(mp3)
35 mins
(pdf)
13 pgs
(pdf)
15 pgs
Session 2 —36 mins
Nonconformities (May 2019)

Hear a comprehensive discussion of nonconforming uses and structures, and how nonconforming rights may be established, regulated and terminated. Plus a bonus tip: Stop using the term “legal nonconforming”!

Originally presented: Apr 2019 Land Use Conference

Brenda N. McDonald, Messer, Rockefeller & Fort, PLLC - Frisco, TX

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3. Takings: A Case Study in Current Issues (May 2019)

Robert F. Brown

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(mp4)
29 mins
(mp3)
29 mins
(pdf)
15 pgs
(pdf)
14 pgs
Session 3 —29 mins
Takings: A Case Study in Current Issues (May 2019)

Explore topical issues in inverse condemnation, with an emphasis on pragmatic suggestions to resolving takings disputes. 

Originally presented: Apr 2019 Land Use Conference

Robert F. Brown, Brown & Hofmeister, L.L.P. - Richardson, TX

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4. Annexations (May 2019)

Craig Farmer, FAICP, Rob Killen, Charles E. Zech

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(mp4)
44 mins
(mp3)
42 mins
(pdf)
10 pgs
(pdf)
17 pgs
Session 4 —44 mins
Annexations (May 2019)

Discuss dealing with annexations post SB 6 including public/private cooperation and annexation strategies for Tier 1 and Tier 2 cities.

Originally presented: Apr 2019 Land Use Conference

Craig Farmer, FAICP, Municipal Planning Services, LLP - Weatherford, TX
Rob Killen, Kaufman & Killen, Inc. - San Antonio, TX
Charles E. Zech, Denton, Navarro, Rocha, Bernal & Zech, P.C. - San Antonio, TX