Part of the webinar series: Cross-Training for Business Lawyers 2021 Navigating the complexities of local land-use and zoning laws is critical to virtually any commercial real estate transaction as well as to the long-term flexibility and continued use and operation of a property. Zoning laws may limit the types of operations that can go on at the property. Legal issues relating to land use include easements (the right of access or other limited non-ownership interest in property) by government, utilities, and other entities, and issues relating to eminent domain. The ability of an owner or potential owner of property to obtain required permits and approvals from local planning boards, zoning boards, construction officials and other government/public entities is central to the interests of sellers, buyers, lenders, neighbors, and in some cases even competitors, all of which may take a position in the applicable proceedings. This webinar covers these topics.

2. 2
Practical and entertaining education for
attorneys, accountants, business owners and
executives, and investors.

4. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
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5. Meet the Faculty
MODERATOR:
Chris Cahill - Sugar Felsenthal Grais & Helsinger LLP
PANELISTS:
Bernard Citron - Thompson Coburn
Michael Noonan - Foley & Lardner LLP
Jennifer Tammen - Ernst & Young LLP
5

6. About This Webinar
Zoning & Land Use-101
Navigating the complexities of local land-use and zoning laws is critical to virtually any
commercial real estate transaction as well as to the long-term flexibility and continued use
and operation of a property. Zoning laws may limit the types of operations that can go on at
the property. Legal issues relating to land use include easements (the right of access or other
limited non-ownership interest in property) by government, utilities, and other entities, and
issues relating to eminent domain. The ability of an owner or potential owner of property to
obtain required permits and approvals from local planning boards, zoning boards,
construction officials and other government/public entities is central to the interests of sellers,
buyers, lenders, neighbors, and in some cases even competitors, all of which may take a
position in the applicable proceedings. This webinar covers these topics.
6

7. About This Series
Cross-Training for Business Lawyers
Looking to strengthen and condition your cross-disciplinary skills? Develop your flexibility by
increasing your familiarity with issues affecting a vast array of businesses? This series delves
into cutting edge issues in dynamic fields to help the audience understand (i) the role of local
land-use and zoning laws in property use and development; (ii) the reliance on credit
insurance by businesses to protect against non-payment of commercial debt, (iii) the use,
types and perceived benefits of employee stock ownership plans, and (iv) the complex maze
employers and employees must navigate in the quest for immigrant or non-immigrant visa
status for workers. These issues may present themselves in any number of contexts,
regardless of how you spend most of your working hours.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
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8. Episodes in this Series
#1: ESOPs-101
Premiere date: 4/8/21
#2: Immigration Law-101
Premiere date: 5/6/21
#3: Zoning & Land Use-101
Premiere date: 6/3/21
#4: Credit Insurance-101
Premiere date: 7/8/21
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9. Episode #4
Zoning & Land Use-101
9

10. CHICAGO ZONING MAP
10

11. USE CHART FROM CITY OF CHICAGO’S CODE
11

12. OTHER REGULATIONS
12
• Floor Area Ratio
• Setbacks
• Height
• Parking/Loading
• Open Space
• Lot Coverage
• Bike Parking

13. SUSTAINABLE REGULATIONS
13
• LEED
• Bird Strike Prevention
Measures
• Transit-Oriented
Development (TOD)
• Green Roofs
• Permeable Pavers
• Energy Efficiency

14. PRIMARY TYPES OF RELIEF
• Map and Text Amendments
• Special Uses and Variations
• Planned Developments or Planned Unit Developments

15. MAP AMENDMENT (REZONING)
• Applicant seeks a rezoning to
allow more density, different
uses, etc.
• Spot zonings are often
controversial
• Down zoning allows for
control of development

16. SPECIAL USES
• For uses that are not
allowed as-of-right
• Go to the hearing body
(typically ZBA) and
address approval criteria
• Special Uses may include
specific conditions

17. VARIATIONS
• Also goes to Zoning Board of Appeals
• Reduction to setbacks, lot coverage

18. PLANNED DEVELOPMENTS

19. MAJOR OR MINOR CHANGES TO P.D.
• Ex: Adding uses to the
allowable uses section
• Ex: Adjusting the required
# of parking spaces
• Ex: Removing or adjusting
certain timing provisions

20. OVERLAY DISTRICTS AND OTHER REGULATORY
LIMITATIONS
• Pedestrian Streets (no new curb cuts, etc.)
• Michigan Avenue Sign District
• Industrial Corridors
• Landmark Districts

21. INDUSTRIAL CORRIDOR

22. SIGNAGE/PUBLIC WAY REGULATIONS

23. IDENTIFYING AND MANAGING STAKEHOLDERS
• Who are the neighbors?
• Who is the alderman?
• Are there local
community groups?
• Who are the
competitors?

24. ORGANIZATION OF MUNICIPALITY
(EX: CHICAGO)
• Department of Planning and Development
• Department of Transportation
• Department of Buildings
• Public Works/Engineering/Fire Prevention

26. PLANNING PROCESS
Throughout 6 Plan Commission meetings Albion Residential presented its case for an 18-
story, 265-unit apartment building with 235 parking stalls and ground floor retail.
After hearing the concerns presented during Plan Commission, Albion redesigned the
northern elevation of the building to include 3 distinct setbacks that are approximately 42 feet,
69 feet, and 96 feet from the northern property line, respectively. Additionally, the planned
development application called for a building with a total height of 199 Feet, which was
inclusive of rooftop amenity and outdoor space. With the implementation of 3 new outdoor
rooftop amenity spaces, Albion found it suitable to reposition the rooftop amenity floor into
livable apartment space in order to gain back the rentable square footage that had been
reduced during the redesign process.

27. PLANNING PROCESS (CONT’D)
After continuous collaboration with residents, consultants, and The Village of Oak Park, The
Village Board of Oak Park voted in favor of the project 6-1 in October 2017. Ultimately the
planning and entitlement process set the path for a thoughtful discussion that addressed
many of the concerns expressed and resulted in a project that will meet the future demands of
the growing community.
The approved development will consist of a 19-story tower with 265 apartment units, 205
parking stalls and ground floor retail set to activate the northwest corner of Lake Street and
Forest Avenue in Oak Park.

28. BUILDING REVISIONS

29. LAKE STREET – SOUTHERN ELEVATION

30. FOREST AVENUE – EASTERN ELEVATION

31. AUSTIN GARDENS – NORTHERN ELEVATION

32. 1010 LAKE – WESTERN ELEVATION

33. PROJECT COMPARISON
Throughout the planning and entitlement process, the proposal had been truncated to an
overall height and density which was more in line with existing zoning. During Design and
Project Review Meetings, Albion and the City of Evanston discussed various project
components such as building materials, site programming, as well as concerns that needed to
be addressed before Plan Commission and City Council review.

34. PLANNING PROCESS
In Evanston, Albion Residential presented its case for an 17-story, 298-unit apartment
building with 172 parking stalls and ground floor retail to local residents, Evanston’s Design
and Project Review Team, The Plan Commission, and City Council.
Throughout planning and entitlement process Albion Residential collaborated with residents,
consultants, The City of Evanston, and various organizations to refine the building and study
the impact on the surrounding community.
Albion originally committed to the city’s affordable housing ordinance, which would have
required a $2.9 Million contribution to the City of Evanston’s Affordable Housing Fund. In an
effort to advance affordable housing initiatives in Evanston, Albion worked with the City of
Evanston to come up with an equivalent alternate proposal focused on providing on-site
affordable housing units in-lieu of making the contribution to the affordable housing fund.

35. PLANNING PROCESS (CONT’D)
The project was approved by Evanston City Council who voted in favor of the project 5-4 in
November of 2017. The Development will consist of a 15-story, 273-unit apartment building
with 200 parking stalls and ground floor retail. The development will also include 15 affordable
studio, one-bedroom, and two- bedroom apartments at 50%, 60%, and 80% of the Chicago
Area Median Income.

36. BUILDING REVISIONS

38. ZONING CODES:
EUCLIDEAN V. FORM-BASED

39. ADVANTAGES OF A FORM BASED CODE

40. ADVANTAGES OF A FORM BASED CODE
(CONT’D)

41. ADVANTAGES OF A FORM BASED CODE
(CONT’D)

42. ADVANTAGES OF A FORM BASED CODE
(CONT’D)

43. TOOLS TO SET YOUR LEVEL OF DESIGN
REQUIREMENTS

44. WAYS TO INCORPORATE A FORM-BASED CODE
•Create a WHOLE new zoning code
•Develop OVERLAYS for sensitive portions of your community
•Require the use of the TEMPLATE for planned developments

45. WORKING WITH DIVIDED COMMUNITIES
(THE POWER OF SMALL TABLES AND VISUALS)

47. TRAVERSE CITY
EIGHTH STREET PLANNING
CHARRETTE

48. TRAVERSE CITY - PROJECT FOCUS
UNION TO BARLOW

51. EIGHTH STREET SECTIONS

52. THREE LANES + CYCLETRACKS
(36’ CURB TO CURB)

53. BUILDING HEIGHT- SCORECARD RESULTS

54. 4-5 STORIES
(Two-Lane w/
One-Way
Cycletrack)

55. BUILDING HEIGHT AMENDMENT?

56. SKYLINE- EXISTING CONDITIONS

57. ZONE 2A- “SKYLINE” VIEW

58. SCORECARD RESULTS
10 STORIES
9 STORIES
8 STORIES
7 STORIES
6 STORIES
5 STORIES
4 STORIES
22%
13%
11%
15%
14%
13%
12%

59. SCORECARD RESULTS (CONT’D)

60. SCORECARD RESULTS (CONT’D)

61. WORKING IN HOSTILE SETTINGS
(THE POWER OF CHARRETTES AND FRAMING)

63. CHARRETTE SCHEDULE

64. ARE MX W/ CONDOS APPROPRIATE FOR
AREA A?
80% APPROVAL

65. ARE MX W/APARTMENTS APPROPRIATE
FOR AREA A?
20% APPROVAL
Mixed-Use

67. ARE MX W/ CONDOS APPROPRIATE FOR
AREA B?
Mixed-Use
80% APPROVAL

68. ARE MX W/APARTMENTS APPROPRIATE
FOR AREA B?
50% APPROVAL
Mixed-Use

69. EXAMPLE OF A COMMUNITY ENGAGEMENT
STRATEGY

70. AUDIENCE POLL
WHAT WAS THE FIRST PLACE YOU LIVED AS
AN ADULT?

71. INFORMAL AUDIENCE POLL
1. STAYED WITH FAMILY MEMBERS (PARENTS INCL.)
2. CRASHED WITH FRIENDS
3. RENTED AN APARTMENT WITH ROOMMATES
4. RENTED AN APARTMENT BY YOURSELF
5. BOUGHT A CONDOMIUM
6. BOUGHT A HOUSE
7. OTHER ARRANGEMENTS

72. AUDIENCE POLL
WHAT WAS THE FIRST PLACE YOUR CHILDREN
WILL LIVE AS ADULTS?

73. AUDIENCE POLL
DO YOU HAVE FAMILY OR FRIENDS WHO HOLD
THESE JOBS?

74. DYER

75. AUDIENCE POLL
SHOULD YOUR NEIGHBORHOOD HAVE HOUSING
ATTAINABLE BY PEOPLE HOLDING THESE JOBS?

76. DYER

77. Terry Mitchell-
Local Housing for All

78. About the Faculty
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79. About The Faculty
Chris Cahill - CCahill@sfgh.com
Mr. Cahill is partner at Sugar Felsenthal Grais & Helsinger LLP, in Chicago, Illinois. He guides
secured lenders, creditors, debtors, creditors’ committees, potential purchasers and others
through bankruptcy cases, out-of-court workouts, assignments for the benefit of creditors, and
receiverships. Mr. Cahill has substantial mega-case experience representing very large
debtors, and counsels and litigates on behalf of manufacturers and secured lenders in large
and middle-market cases. Mr. Cahill also publishes frequently and speaks regularly on
commercial insolvency issues. For example, he is an executive editor of Commercial
Bankruptcy Litigation, 2d Edition (Jonathan P. Friedland, Elizabeth Vandesteeg & Christopher
M. Cahill eds., 2020).
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80. About The Faculty
Bernard I. Citron - bcitron@thompsoncoburn.com
Bernie represents developers, land owners and building owners in the areas of land use and municipal law in
the city of Chicago and its surrounding municipalities. He counsels on zoning issues, annexation, economic
redevelopment and historic preservation matters. His clients have included senior citizen housing developers,
hotels operators, retail developers, hospitals, restaurant developers and residential developers ranging from
single-family homes to high-rise multi-family projects. His emphasis has been both in the City of Chicago and
surrounding municipalities, as far afield as Waukegan and Sugar Grove. He has represented both national
companies and entrepreneurial developers.
In recent years more and more of his business has involved adoptive re-uses of both buildings and properties.
The projects have ranged from rehabbing older office buildings into residential projects to adopting shopping
centers to new uses. Many of these projects have involved various forms of economic incentives including tax
credits, tax abatements and Tax Increment Financing.
To learn more about Bernard Citron, please visit: https://www.financialpoise.com/webinar-faculty/bernard-citron/
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81. About The Faculty
Michael Noonan - MNoonan@foley.com
Michael Noonan is a special counsel and real estate business lawyer with Foley & Lardner LLP. He focuses his practice
on obtaining land use and zoning entitlements and working to build consensus between property owners, government
officials, and community groups.
Michael has experience securing special uses, rezonings, text amendments, administrative relief, subdivisions, public
way and sign permits, as well as other land use approvals for a wide variety of property owners. He represents owners of
institutional, commercial, office, and residential property, as well as developers in securing land use and zoning
entitlements from state and local governments.As a problem solver, Michael works with his clients and regulating bodies
to come up with creative solutions to the legal problems facing building owners and developers.
In addition to land use and zoning, Michael also has experience handling eminent domain matters in Illinois, matters
before the Chicago Department of Administrative Hearings, and in the Municipal Department of the Circuit Court of Cook
County.
To learn more about Michael Noonan, please visit: https://www.financialpoise.com/webinar-faculty/michael-noonan/
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82. About The Faculty
Jennifer M. Tammen - jennifer.tammen@ey.com
Jennifer M. Tammen is based in Chicago and is part of EY’s Global Location Investment Services-
Credits & Incentives Advisory Practice. She works with both private corporations and local governments
and economic development officials on matters related to real estate development and incentives. A
proven deal maker, Jennifer has over 20 years of success in working with developers, property owners,
municipalities, and quasi-public agencies on all aspects of tax increment financing (TIF), zoning and
entitlements, planning, deal structuring, redevelopment agreement negotiation, early-stage project
management, and creative approaches to capital and public-private project evaluation and funding. She
recently served as the municipal TIF consultant for the Bell Works redevelopment, a transformational,
150-acre project that includes the former AT&T headquarters located north of Interstate 90 in Hoffman
Estates, IL. Jennifer has prepared financial analysis and negotiation services to secure the approval of
nearly $3 billion in new real estate development projects and business retention and more than $500
million in TIF and other financial subsidies throughout the Midwest market. In addition, she has assisted
dozens of clients with economic development projects and initiatives throughout the US including new TIF
District and Business District designations, feasibility analyses, and special studies.
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83. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
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84. About Financial Poise
84
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