Daniel C. Shapiro&

Jessica M. Schramm

August 30, 2011

APA Presentation

Negotiating Land Use Issues and Agreements with

Municipalities

PRESENTED BYDan Shapiro

Thompson Coburn

Zoning and Development of Property

Initial determination of validity and applicability of Development Agreement

TermConditionsTiming of development benchmarks and obligationsConfirm 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 periodDetermine 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 thereofReservation 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 bonusFloating zoning districts

Changes to the P.U.D.

Major changes: To units, density, # of lots, boundaries

Minor changesTechnical 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 piecesmarket and sell with existing or different

zoning

Economic Incentives

TIF DistrictsBusiness DistrictSales Tax AgreementsTax CreditsCommercial Development Incentives Pursuant

to 65 ILCS 5/8-11-20 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 Shapiro312/ 456-0383dshapiro@rsplaw.com

OR

Jessica Schramm312./ 580.2249jschramm@thompsoncoburn.com