North Cook News

Village of Northbrook Board of Trustees Committee of the Whole met July 28.

Here is the minutes provided by the committee:

1. ROLL CALL

Attendee Name	Title	Status	Arrived
Sandra Frum	Village President	Present
Kathryn Ciesla	Trustee	Present
Bob Israel	Trustee	Present
Muriel Collison	Trustee	Present
Heather Ross	Trustee	Present
Johannah Hebl	Trustee	Present
Dan Pepoon	Trustee	Present

2. MINUTES APPROVAL

A. Board of Trustees - Joint Board of Trustees & Plan Commission Meeting - Jul 14, 2020 6:00 PM

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Kathryn Ciesla, Trustee

SECONDER: Dan Pepoon, Trustee

AYES: Frum, Ciesla, Israel, Collison, Ross, Hebl, Pepoon

3. PUBLIC COMMENT TIME

Email from Ken Walden - He supports the efforts for an affordable housing ordinance. He believes the Village should prohibit payments in lieu, wants the affordable units segregated within a development, stay the course for diversity, and prefers 20% of the units be affordable but accepts a true 15%.

4. DISCUSSION TOPICS

A. Continued Review - Draft Affordable Housing Ordinance and Definition of Family

President Frum opened the virtual meeting thanking Richard Koenig and Rob Anthony for their comments and suggestions on the draft ordinance. Tonight’s goal is to continue conversation, go through the draft affordable housing ordinance, and send to the Plan Commission. The Plan Commission will take the Board’s ideas and incorporate them in an ordinance. The ordinance would then go to public hearing. Director Poupard stated that during the last meeting, the Board was only able to get through the first few policy questions, but stated that a regulatory theme is developing that will provide direction for staff to work with the Village attorney.

Inclusionary Housing Ordinance

Policy Question 1 - (Percentage). The Board favors 15% of the total number of units be affordable including any density bonuses granted. This will be a clear statement in the ordinance.

Policy Question 2 - (Rounding Fractions). The Board favors that if a fraction results in a number above one-half, round up.

Policy Question 3- (Income Targets). The Board initially provided direction that the income targets in the Highland Park ordinance that vary between rental and ownership units should be used. As the Board looks at a specific development proposal, the Board may want the flexibility to make adjustments. Trustee Ross said that Rob Anthony recently stated that Highland Park rental units at 100% or more of the Area Median Income (AMI) are more difficult to rent. Mr. Anthony encourages a lower income limit and price limit for the rental units. He suggests half-rented at affordable for 50% AMI and half-priced to people at 80% AMI. Trustee Israel had concerns about Mr. Anthony’s numbers. Trustee Israel believes they are subject to testing at the Plan Commission. Trustee Ross, Trustee Hebl, and Trustee Collison favor the 50/50 approach for rental units. President Frum agrees with the 50/50. The Board recommends that the Plan Commission use the 50/50 numbers.

Policy Question 4 - (Create a Housing Commission Now or Later) Director Poupard suggested that rather than create a housing commission right now, he believes that the Board and the Plan Commission work together for a year or two until the community has accumulated funds and has an affordable housing inventory to manage. President Frum agrees that it is more important that the Plan Commission work through zoning issues at first. She favors forming the housing commission later. All agreed.

Policy Question 5 - (Fees). The Trustees had a discussion on the location of the affordable housing units. President Frum favors all affordable units incorporated in the site, unless there is a better- suited location for the disabled. The Trustees agreed.

Trustee Ciesla wants the affordable housing dispersed throughout the site in a mixed-use development, not concentrated. Trustee Pepoon does not mind if the affordable units are all on one floor. Trustee Collison is not opposed to allowing an offsite location, but only for persons with disabilities, if it is for disabled housing. Trustee Pepoon agreed with Trustee Collison. Trustee Hebl wants a more stringent rule that the affordable units are is incorporated into the overall development. Trustee Israel does not mind the practicality that a developer would be cognizant of pricing of the building. Trustee Collison is interested in creative thinking. She wants a housing fund that the Village can use to partner with organizations. She suggests setting a fee in lieu number that is high enough that it will encourage a developer to build the units, not just pay a fee. Trustee Ciesla questioned building duplexes as a design option for affordability. Director Poupard stated that density bonus and design flexibility are going to be covered in an upcoming question, but it does need to be called out in the zoning code for affordable housing.

President Frum stated that the ordinance will not include a provision allowing the affordable units to be all be concentrated in one area. Staff will look at ways in which the Board can have some flexibility if we like the proposal.

Final consensus by the Board is that for five lots/units or fewer, single or multifamily, no fee or no affordable will be required. When there are nineteen units or less, single family only can pay a fee in lieu, but a townhome or apartment building would be expected to provide units on-site. For twenty units or more, affordable units must be provided on site, whether it is a single-family development or a multi-family development. The draft ordinance will include language that states the Board can grant relief and/or negotiate if a developer is doing affordable housing.

Policy Question - 6 (How We Get to Density Bonuses). Highland Park states for each affordable unit provided, you receive 1.5 additional market rate units. Richard Koenig suggested a one for one approach. President Frum stated that the Board could choose any number it wants to work with. Director Poupard stated that Kane McKenna, tax increment financing consultants, work with the Village to test some of the economic models and see how or if a density bonus helps to offset the costs. Consensus was that the Village should rely on our own consultant to check the economics. President Frum will direct staff to use 1 to 1.5 and would like consultants to confirm. Director Poupard stated we would start testing at one for one and move upward.

Policy Question 7 - (Design Flexibility). Flexibility is important with single family and townhome developments. It is possible to allow a mix of units but flexibility is needed in the zoning code. President Frum favors allowing as much flexibility as possible. Consensus is to allow duplexes in single-family areas and as much design flexibility as possible, while maintaining setbacks on the perimeter.

Policy Question 8 - (Size of Affordable Units). Highland Park uses a standard where the affordable units must be at least 75% the size of a market rate unit. Lake Forest follows a table. The draft for Northbrook is vague but says they must be generally comparable. President Frum suggests a lot of design flexibility. Trustee Israel wants it comparable with flexibility for duplexes. Trustee Ross states that parking spaces may not be needed. Director Poupard will put in some minimal thresholds.

Policy Question 9 - (Preference System). The Trustees favored keeping the ordinance silent on any type of community preference system. Standards will be adopted by resolution by the Board. This will allow more flexibility. Trustee Ciesla and Collison support a lottery system that will allow for a diverse community. President Frum does not want preferences in the zoning code. She wants a concept in place. It will be handled at the same time as the fee is discussed, but not in the ordinance itself.

Policy Question 10 - (Perpetual Restrictions). Restrictions on ownership and rental were in perpetuity. President Frum favors perpetuity. All agreed.

Policy Question 11 - (Price Increases for Ownership Units). Price increases in the draft ordinance are tied to the Consumer Price Index (CPI). Rob Anthony suggests using an appraiser-based system, rather than relying on a CPI base. Trustee Ross stated that the CPI could price the unit too high. Trustee Israel stated the appraisal base would include improvements since the purchase. Trustee Hebl stated that due to market fluctuation, it is better to compare the property at current values. President Frum asked that the appraised versus CPI value be reviewed. Director Poupard will utilize Rob Anthony and CPAH’s expertise.

Staff suggestions and wrap up included

Director Poupard stated he has excellent direction on refining the ordinance and will work with the Village Attorney. He said he would also like the Plan Commission to concurrently to consider some policy amendments to the comprehensive plan and to also amend the current Affordable Housing Plan.

In addition, Staff will work on establishing a housing trust fund. Staff will investigate a demolition tax. The entire package could come back to the Board in October.

President Frum stated that a housing trust fund and a demolition tax do not have to go to the Plan Commission. President Frum will make a statement to the Plan Commission from the Board directing them on what decisions were made by the Board at tonight’s meeting. Trustee Ross stated if we want to have more diversity in Northbrook, we want to make sure the developer’s marketing for affordable housing is appropriate. Trustee Ross suggests tweaking the ordinance so that the Board can review the marketing plan. President Frum thanked Director Poupard for his ongoing efforts.

Family Definition

Discussion took place on the definition of “family”. The current definition states, “No more than three persons who are not related.” Some nearby communities are changing the number from three to five. The Plan Commission had a session devoted to this topic with Village Attorney Andrew Fiske. The Commission’s initial recommendation is to focus on a housekeeping unit that consists of up to five unrelated individuals so long as they are living as a single housekeeping unit. He noted that there is also a relationship to the number we use for “family” and how many individuals we allow in a group home. Attorney Elrod noted that there has been discussion of simply eliminating a number in the definition of family, but if the Board wishes to continue having separation standards in the code to prevent a concentration of group homes in one neighborhood, it helps to have number standard for both family and a group home. Trustee Hebl asked about owner operators of a group home.

Trustee Ciesla asked why we need to pick a number. Trustee Collison does not want to define family. She wants to define people based on bedroom space, bathrooms and parking. Trustee Collison does not know how to handle Air B&B. Trustee Israel urged to get something on the books. Trustee Ciesla suggests regulations be based upon parking or occupancy standard. Trustee Hebl suggested removing the number five, but keep as a housekeeping unit. She stated a family is not a group home but that a definition for a group home was needed.

Attorney Elrod stated that we could not exclude a group home from the definition of family. Trustee Ross was fine with removing the definition but wanted the group home number to be eight. Trustee Pepoon is fearful of an ordinance, which allows people to rent out rooms. Attorney Elrod stated he could address this issue.

President Frum stated that the majority favors that no numbers be used but that she has concerns. President Frum suggests that we talk with the Fire Chief. She is worried about safety and parking. Director Poupard was asked to come back with information on what other communities are doing with controlling limits without putting in numbers. A fee discussion will be held at another time. The Board would like information on Highland Park’s fee schedule and information on the operation of their trust.

Trustee Israel moved, seconded by Trustee Collison to adjourn the meeting at 7:26 PM. The motion was approved by voice vote.

5. REMARKS FOR THE GOOD OF THE ORDER

None

6. ADJOURN

Trustee Israel moved, seconded by Trustee Collison to adjourn the meeting at 7:26 PM. On voice vote, all were in favor.

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