Daniel C. Shapiro & Jessica M. Schramm August 30, 2011 APA Presentation

Negotiating Land Use Issues and Agreements with Municipalities PRESENTED BY Dan Shapiro Thompson Coburn

Zoning and Development of Property Initial determination of validity and applicability of Development Agreement Term Conditions Timing of development benchmarks and obligations Confirm continuation of P.U.D. plan plat of subdivision, and zoning, i.e. construction initiation and completion dates 65 ILCS 5/11 – 12-8: Plat approval period Determine if any parts of the property to be re-zoned per development agreement, or local zoning ordinance

Cost and Ordinances; Fees; Negotiations Freezing of codes, ordinances and regulations for years, as well as freezing of fees and charges for years List of all fees, charges and permits that will be required  Impact fees: Reasonableness. Long Grove case  Recapture fees: Specifically and uniquely attributable. Amoco Oil case  connection fees

Cost and Ordinances; Fees; Negotiations (continued) List of all fees, charges and permits that will be required  Payments at different stages of development. i.e., building permit, CO plat or annexation approvals  Land in lieu of payment i.e., schools, parks  For stalled projects, renegotiate fees; amount of timing of payments

Sanitary Sewer Service and Potable Water Service Recapture agreement for any other properties benefiting from the sanitary sewer on fees; waiver thereof Reservation of capacity issues

Land Uses Flexibility and Text Amendment Permitted and Special Uses in zoning district. If not allowed, then text amendment Bulk Regulations; flexibility in P.U.D.  Maximum FAR  Minimum lot area  Minimum lot width  Minimum lot depth  Building height  Building and landscape setback requirements

Land Uses Flexibility and Text Amendment (continued) Density bonus Floating zoning districts

Changes to the P.U.D. Major changes: To units, density, # of lots, boundaries Minor changes Technical or “minor” Changes. These include any changes to engineering, plans and specs and any changes to building plans which are:  In substantial compliance with the preliminary plan  In compliance with the ordinances  Relocation to any road, sidewalk or easement

Changes to the P.U.D. (Continued) Technical or “minor” Changes. These include any changes to engineering, plans and specs and any changes to building plans which are:  Alteration to any detention facility  Any changes to lot lines from the preliminary plat of subdivision or final plat of subdivision or preliminary final or P.U.D. Plan Density bonuses. Enhanced landscaping, architecture, green spec. T.O.D.

Subdivide Property re-zone property into smaller pieces market and sell with existing or different zoning

Economic Incentives TIF Districts Business District Sales Tax Agreements Tax Credits Commercial Development Incentives Pursuant to 65 ILCS 5/  The presentation will also include a discussion regarding financing options for Illinois municipalities, including publicly-sold bond and note transactions and private purchases of governmental debt by commercial banks. We will discuss the pros and cons of public debt sales and private bank purchases and include case studies of government finance transactions from both the public sale perspective and the bank purchase perspective.

Questions? For additional information contact: Dan Shapiro 312/ OR Jessica Schramm 312./