Tag: BUILD plan

My testimony to the Illinois House’s executive community in favor of the BUILD plan

Today the Illinois House executive committee is having a subject matter hearing about Gov. Pritzker’s BUILD plan, which was introduced to the House by Rep. Kam Buckner as HB5626. Because the oral testimony list for today’s meeting was getting too long I was asked to submit my testimony in writing instead.

Thank you for inviting me to speak. My name is Steven Vance, and I am a volunteer lead Abundant Housing Illinois, a pro-housing advocacy group.

I would like to describe what a housing shortage looks like in Northeastern Illinois using two examples from current listings.

  • A 3-bedroom apartment in Evanston was listed earlier this year at $2,900 a month and advertised a move-in fee of 40% of the rent — $1,160 on top of the first month. The move-in fee is a percentage of rent so as rents rise, so would that fee.
  • A western suburban apartment building charges $75 in application fees, $300 in administrative fees, and a move-in fee that ranges between $250 and $500, depending on the applicant’s credit.

At the onset, this may not seem like a housing shortage issue, but this is what landlords can charge when renters have few options. One of the solutions for this is increasing their competition.

The Illinois legislature is the right venue to make changes to allow more housing. The case for state action rests on a structural mismatch: housing markets are regional, but zoning is local. When a single municipality blocks new homes, it pushes demand elsewhere, raising prices across a region and displacing people, or forcing them into longer commutes or out of Illinois altogether. Additionally, in the rare event that a community allows more homebuilding, pent up demand can be overwhelming. State-level reform spreads pressure evenly and equitably over neighborhoods across the state.

The study by Illinois Economic Policy Institute found that Illinois is roughly 142,000 homes short of where it needs to be, and we’re building at barely half the pace required to catch up. Every Illinoisan pays for that, but individual municipalities aren’t incentivized to fix it. Even the willing municipalities can’t solve it alone: a few good actors out of hundreds doesn’t aggregate into a sufficient response.

Some of the legislature’s responsibilities include growing our economy, spurring good jobs, and keeping the tax base healthy to fund schools, transit, and healthcare. Housing scarcity undermines all of that.

The people most harmed by scarcity — the family priced out, the senior who can’t downsize, the next generation that hasn’t moved here yet — don’t get to voice their support for housing at each village’s plan commission hearings. They are not always local constituents, but they are yours.

That Illinois has a housing shortage isn’t in serious dispute. The question this body faces is how to act on it. BUILD isn’t coming out of nowhere; in 2020, for example, there was an accessory dwelling unit bill introduced, and other housing legalization bills were introduced in the last two years. The BUILD plan creates a coherent statewide framework, pairs it with $250 million in capital funding for infrastructure, middle housing construction, and down payment assistance. BUILD is a comprehensive proposal created at a time when the politics to reduce the housing shortage should finally be aligned. 

A century ago Illinois delegated zoning authority to municipalities. The legislature has the right and responsibility to set a floor for allowing more housing when that delegation produces statewide harm. BUILD sets that floor, and adopting it is a job only this body can do and what our over 530 members are asking you to do. .

Thank you for your time and attention.

A day in Springfield with Abundant Housing Illinois

Earlier this month I made the trip down to Springfield to volunteer with Abundant Housing Illinois, an advocacy organization pushing for more housing options across the state. It was our biggest group ever, with 39 people going from five Illinois municipalities, and most of us took Amtrak there and back.

The day was a mix of orientation, refining our housing stories and why we volunteer, and then walking the halls of the Capitol to speak with legislators and their staff. Our housing advocates talked to twenty Illinois General Assembly members about reforming local codes that prevent people from being able to afford housing all over the state. We spoke in support of the BUILD plan I wrote about earlier.

It’s important – although inefficient – to show up in person and make the case directly. The legislators we met with were highly or quite receptive, though you never quite know what interactions or talking points will actually move the needle. All of the six bills in the BUILD plan have not yet passed committee; but that doesn’t stop them from moving forward through other means.

If you care about housing in Illinois — whether that’s affordability, supply, or just the ability to build an ADU in your backyard — Abundant Housing Illinois is worth knowing about. Join us!

Allowing cottage courts in Chicago requires changing the zoning code

Cottage and bungalow courts (also called clusters and pocket neighborhoods) are a common multi-family design typology in cities outside of Illinois. You’ll find them in California (where they’re more often called bungalow courts) and Tennessee, for example. They are characterized by having multiple detached one or two-story houses on a single and compact development site. The houses commonly face a shared green space and have shared parking behind them.

A primary benefit of cottage courts – and smaller footprint housing, generally – is that it creates more for-sale detached houses (which are in very high demand in Chicago) while sharing land [1]. In other words, cottage courts create more detached houses using less land.

It is not possible to build a cottage court in Chicago because of how the zoning code is written. The purpose of this article is to discuss specific text amendments that would have to be collectively adopted in order to allow this housing type.

screenshot of a page from a guide about Missing Middle housing in Chattanooga, TN. The image has a site plan for a cottage court, an isometric view of the rendered cottage court, a narrative about the sample project, and statistics.
A sample cottage court intended for an audience in Chattanooga, TN, created by the Incremental Development Alliance.

Zoning code barriers in Chicago

  1. The Chicago zoning code allows only one principal building per lot. A detached house constitutes a principal building and only one of them is allowed. The code would have to be changed to allow more than one principal buildings per lot. If the city council wants to limit this allowance to cottage courts then other code would have to be modified to define a cottage court (similarly to how it has a definition of a townhouse). (Section 17-1-1300 – this anti-housing provision is in the first chapter of the Chicago zoning code!)
  2. Cottage courts should be fee simple [2], to make them easier to mortgage and sell, which means subdividing a lot into one lot per house. The Chicago zoning code does not allow subdividing a lot below the minimum lot area for the particular zoning district governing a lot. For example, currently in RS-3, if more than one principal building per lot was allowed, each cottage court house would have to occupy 2,500 s.f., which is an untenable size for cottage court development.
  3. Minimum lot area per unit standards also severely restrict development of cottage courts. To build four houses in an RS-3 zoning district one would need a 10,000 s.f. lot!
  4. Rear setbacks would need to be reducible, preferably without the need for a variation from the Zoning Board of Appeals. Because the houses are oriented to face a common green space at the interior of the lot (not at the front or rear of the lot), the rear of the house may be close to the side property line, violating the rear setback standard of ~30 feet.
  5. Side setbacks would need to be combinable or eliminated as a requirement for cottage court development, so that the houses could be closer together or the designer could have more flexibility in their orientation.
  6. Parking requirements would need to be more flexible, both in quantity and in design. Parking is currently allowed only in the rear setback, but these houses may not have a rear setback because of their inward orientation. To maximize shared green space parking requirements should be reducible for this housing type. The Chicago TOD ordinance may be relevant here, as it now applies in RM-5, and higher, residential zoning districts, but the cottage court needs to be allowable in the RS-3 and RT-4 zoning districts (as these are for more common).

Attorneys, designers, and developers: Are there any other Chicago zoning code standards missing?

Examples of cottage courts

I know of a few cottage courts in Chicago (et. al. means there is an address range):

  • 7436 S Phillips Ave (et. al.). These were built prior to 1952, according to historic aerial images, and are individually parceled (see barrier #2 above).
  • 7433 S Euclid Pkwy (et. al.). The houses were built between 1938 and 1952, according to historic aerial images, and are individually parceled. Two of the parcels are vacant.
  • 1802 S Kildare Ave (et. al.). The houses were built after 1950.
  • 3020 N Waterloo Ct (et. al.). This townhouse court was built between 1970 and 1975. These houses are arranged like townhouses but they are not compliant with the present townhouse code (adopted in 2004) because they are too dense and have too little parking. The density is equivalent to 2.5 homes per standard lot (which, in Chicago, is 3,125 s.f.).
  • 511 W Deming Pl (et. al.) at Geneva Terrace. This looks like a hybrid cottage and townhouse cluster. It has a large front yard and a shared interior courtyard. Each of the five units is an individually owned and taxed parcel.

All of the images below are from the Missing Middle Housing website, created by Opticos Design, an architecture firm that has popularized the term “missing middle”.

Cottage court codes

Burlington, VT, approved a zoning plan in March 2024 that permits “cottage courts” in places “where lots make it feasible”. Read their new Neighborhood Code, which created the graphics below showing before and after the code change.

Graphics showing the new housing types that are allowed in the updated Burlington, VT, zoning code. (I made the collage.)

Notes

A tiny house village may also be considered a cottage court. The influential architecture firm, Landon Bone Baker, once designed a proposed tiny house village (knowing full well it was not legal) for Thresholds and Easter Seals in Chicago.

[1] It’s also assumed that sharing land means sharing land costs, and land costs are a significant part of purchasing a house. In the areas where demand for detached houses is the highest, land costs are also the highest. Cottage courts create more detached houses with less land.

[2] fee simple has a legal meaning, but here I mean “the house owner also owns the land beneath the house”, and the pair are collateral for the lender that, on paper, looks like any other detached house the lender has mortgaged.