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APA Presentation

APA Presentation. Daniel C. Shapiro & Jessica M. Schramm August 30, 2011. Negotiating Land Use Issues and Agreements with Municipalities. Presented by Dan Shapiro Thompson Coburn. Zoning and Development of Property.

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APA Presentation

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

  2. Negotiating Land Use Issues and Agreements with Municipalities Presented by Dan Shapiro Thompson Coburn

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

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

  9. 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

  10. 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.

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

  12. Economic Incentives • TIF Districts • Business District • Sales Tax Agreements • Tax Credits • Commercial 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.

  13. For additional information contact: Dan Shapiro 312/ 456-0383 dshapiro@rsplaw.com OR Jessica Schramm 312./ 580.2249 jschramm@thompsoncoburn.com Questions?

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