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HomeMy WebLinkAboutRESOLUTION - 63-90 - 9/25/1990 - COMMUNITY RESIDENCE LOCATION PLAN. ACT RESOLUTION NO. 63-90 A RESOLUTION ADOPTING AN ELK GROVE VILLAGE CONCEPT PLAN IN ACCORDANCE WITH THE COMMUNITY RESIDENCE LOCATION PLANNING ACT AS ADOPTED BY THE ILLINOIS GENERAL ASSEMBLY (Federal Fair Housing Act) NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village of Elk Grove Village in accordance with the 1988 amendments to the Federal Fair Housing Act hereby adopts the Elk Grove Village Concept Plan a copy of which is attached hereto and made a part hereof as if fully set forth. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 25th day of September 1990. APPROVED this 25th day of September 1990. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk -PL.A CCMMUNITY RESIDENCE LOCATION PLANNING ACT PLAN FOR ELK GROVE VILLAGE, ILLINOIS Section 1: CURRENT ZONING FOR GROUP HOMES A. The Elk Grove Village Zoning ordinance contains the following relevant definitions: DWELLING AND DWELLING UNIT. A dwelling is a building providing shelter, sanitation, and the amenities for permanent habitation. It does not include mobile homes, temporary lodging, or individual sleeping rooms for rent. Dwelling unit refers to the dwelling accom- modation within a building designed for one individual or family unit maintaining, separate and independent housekeeping. FAMILYi One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption, or marriage, but no unrelated group shall consist of more than three persons, as distinguished from a group occupying a boarding house, lodging house or hotel. NURSING HOME. A building or part thereof used for the lodging, boarding and nursing care, on a 24-hour basis, of three (3) or more persons, who, because of mental or physical incapacity, may be unable to provide for their own needs and safety without the assistance of other persons. SENIOR CITIZEN HOUSING. Shall be housing designed for and used by a family unit wherein the head of the household is 60 years of age or older, and which housing is two stories or less in height. B. The Elk Grove Village Zoning Ordinance contains the following provisions relative to group homes in residential districts: cont'd. . . Pa ge 2 Residential zoning District Estimated % of Zoning Provision and General Description land zoned residential for Group Homes R-1: Single Family Detached 1 .5% Not Allowed Min. lot size: 20,000 Sq.Ft. R-2: Single Family Detached 0% Not Allowed Min. lot size: 10,000 Sq.Ft. R-3: Single Family Detached 78% Not Allowed Min. lot size: 7,500 Sq.Ft. R-4: Single Family Detached and 7% Not Allowed Residential Planned Development Min. lot size: Single Family: 7,500 Sq.Ft. Min. lot size - PUD: 5 units per acre A-1: Multiple Family Attached 0.5% Not Allowed Min. lot size: 10,000 Sq.Ft. Density: 13 units per acre A-2: Multiple Family Attached 10% Not Allowed Min. lot size: 10,000 Sq.Fc. Density: 20 units per acre A-3: Combined Multiple Family 3.0% Not Allowed Attached Min. lot size: 20 acres Density: 6 units per acre C. As a result of the prohibition of Group Homes by the current Zoning ordinance, Elk Grove Village: 1 . Has no standards on which the grant of an admin- istrative occupancy permit for a group home is based andlor on which the grant of a special use permit for a group home is based. 2. Has no spacing requirements between group homes in different residential districts. 3. Has no categories of persons with disabilities who would be allowed to live in group homes. Pa ge 3 D. Elk Grove Village has no provisions in other ordinances that treat group homes differently than other residential uses. E. Elk Grove Village does not have local licensing for group homes. Section 2: PROPOSED ZONING FOR GROUP HOMES Under a proposed zoning text amendment which will be submitted to the Elk Grove Village President and Board of Trustees (Exhibit: "A") according to the schedule identified in Section 3, Elk Grove Village intends to change its zoning provisions for group homes to allow community residences serving 8 or fewer persons with developmental, mental, or physical disabilities as a permitted use in all residential districts subject only to two (2) criteria: (1) the proposed community residence is not located within 1,320 feet of an existing community residence in single family districts and not within 660 feet in multiple family attached and combined multiple family attached districts, and (2) the applicant: or sponsoring, agency has demonstrated that the proposed community residence is eligible for or has obtained a State license or certif- ication, or that the sponsoring agency is licensed or certified by the State to operate community residences. In all residential districts, a proposed group home serving 8 or fewer persons with disabilities that fails to meet the above referenced zoning criteria, or, a proposed group home which will serve 9 to 15 persons with disabilities which may or may not meet the above referenced zoning criteria, will be allowed only by special use permit. The proposed zoning text amendment will also include the following definitions: A. Community Residence (Group homes serving unrelated persons vith disabilities) . B. Small Community Residence (8 or fewer persons). C. Large Community Residence (9 to 15 persons) . Pa ge 4 D. Family (modified to exclude persons living together in a community residence or nursing home). E. Nursing Home (modified to require the facility to be licensed) . F. Person with a disability (enumerates identified disabil- ities). G. Rooming House (new definition which excludes persons living together in a community residence or nursing home) . Section 3: ADOPTION PROCESS AND TIMETABLE September 11 , 1990: Village Board adopts plan for community residences and authorizes Plan Commission to hold hearing on proposed zoning text amendment. October 1990: Plan Commission holds public hearing on proposed zoning text amendment. The public hearing will be publicized as required by Village Ordinances. we ma invite the Illinois Planning Council 's consultants to provide expert testimony at: the public hearing. November 1990: Any necessary revisions to the zoning text amendment are completed and the Plan Commission recommends approval of same to the Village Board. December 1990: Village Board adopts zoning text amendment. 8131190 EXHIZIT 'A' ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF ELK GROVE VILLAGE WHEREAS, the Illinois Community Residence Location Planning Act (the "Act") (Public Act 86-638), Ill.Rev.Stat., Ch. 91 1/2, para. 921, et seq., required that all home rule municipalities submit on or before July 1, 1990 to the Illinois Planning Council on Developmental Disabilities a plan that demonstrates that adequate provisions are being made to provide for sites for community residences serving persons with disabilities in areas zoned primarily for single and multiple family residential use and to comply with the Federal Fair Housing Amendments Act of 1988; and WHEREAS, the President and Board of Trustees finds that the spacing requirements contained herein for community residences will foster the integration of such residences into the residential nature of single and multiple family residential neighborhoods; and WHEREAS, the Village of Elk Grove Village is fully committed to ensuring that persons with disabilities are able to live in appropriate community residences which operate to promote their safety residing within all residentially zoned areas of this community; and WHEREAS, the Village of Elk Grove Village wishes to promote the state and local public policy of deinstitutionalization of persons with disabilities which benefits both the individual and the community as a whole, because it enhances the individual lives Qf all disabled persons and improves society through the integration of persons with disabilities into the mainstream of their community; and WHEREAS, the President and Village Board finds that the dispersal of community residences and institutions will directly encourage and facilitate the implementation of the residential setting intent of the state statute; and WHEREAS, the President and Village Board finds that it is necessary to protect the health, safety and welfare of the residents of these cowunity residences by requiring compliance with all applicable state statutes, regulations and licensing requirements as well as all building, fire and safety ordinances and regulations of this Village; and WHEREAS, the President and Village Board finds that community residences containing 9 or more persons with disabilities pose sufficient different and unique problems relating to the health and safety of the residents as well as the specter of "institutionalization" to require that such community residences apply for and receive a special use permit prior to occupancy; and WHEREAS, an application for a text amendment of the Village's Zoning Ordinance has been fully filed and a public hearing having been held after notice by publication having been given in strict compliance with the requirements of the Village's Zoning Ordinance and of Paragraph 11-13-14 of Chapter 24 of the Illinois Revised Statutes, as amended; and WHEREAS, the Village's Planning Commission has recommended by majority vote of its duly appointed and serving members that this President and Village Board enact this proposed amendment to the text of its Zoning Ordinance; and WHEREAS, the President and Village Board finds that this proposed text amendment is in the best interests of this community and will promote the health, safety, comfort, welfare and morals of the residents of this community; and WHEREAS, the President and Village Board has reviewed studies which support the findings contained herein and has made them a part of the record; and WHEREAS, the above and foregoing Recitals are intended and shall be construed to be the findings of fact in support of this ordinance. NOW, THEREFORE, be it ordained by the President and Village Board of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois that the following sections of its Zoning Ordinance be amended as follows: Section 1: That Article 9, Section 9.12 be amended by adding/substituting the following definitions: Community Residence: Community Residence means a group home of specialized residential care serving unrelated persons with disabilities which is licensed, certified or accredited by appropriate local, state or national bodies. Community residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance or alcohol abuse or for treat- ment of a communicable disease. Small Community Residence: Small Community Residence means a Community Residence serving 8 or fewer persons with disabilities. BMW 2 Large Community Residence: Large Community Residence means a Community Residence serving 9 to 15 persons with disabilities. Family: Either: (a) Two or more persons, each related to the other by blood, marriage, or adoption, together with usual domestic servants and not more than one bona fide guest, all living together as a single housekeeping unit and using common kitchen facilities (that is, a related family); or (b) three or fewer persons, all of whom are not necessarily related to each of the others by blood, marriage, or adoption, all living together as a single housekeeping unit and using common kitchen facilities (that is, an unrelated family). For purposes of this Zoning Ordindnce, however, an unrelated family shall not include persons living together in a Community Residence or Nursing Home. Nursing Home: A licensed public or private home or institute which provides maintenance, personal care, and nursing for three or more persons who by reason of physical illness or infirmity are incapable of maintaining a private, independent residence. Person with a Disability: Any individual whose disability: (1) is attributable to mental, intellectual or physical impair- ments or a combination of mental, intellectual or physical impair- ments; and (2) is likely to continue for a significant amount of time or indefinitely: and (3) results in functional limitations in 3 or more of the following areas of major life activities: (A) self care; (B) receptive or expressive language; (C) learning; (D) mobility; (E) self direction; (F) capacity for independent living; (G) economic self-sufficiency; and (4) reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of a life-long or extended duration, Rooming House: A building in which sleeping quarters (but not meals or cooking facilities) are provided by prearrangement for compensation on a weekly or longer basis for three or more persons who are not members of the keeper's family. For the purpose of this Zoning 3 Ordinance, the term "rooming house" shall also mean lodginghouse, and a rooming house shall not include a Community Residence or Nursing Home. Section 2: That Article 5, Section 5.21 Entitled "Permitted Uses in the R-1, R-2, R-3, R-4 Districts" be amended by adding thereto the following language: Small Community Residence, provided: (a) They are located not less than 1,320 feet from another Small Community Residence; and, (b) The applicant or sponsoring agency has demonstrated that the proposed Community Residence is eligible for or has obtained a state license or certification, or that the sponsoring agency is licensed by the state to operate Community Residences. Section 3: That Article 5, Section 5.22 Entitled "Permitted Uses in the A-1, A-2, A-3 Districts" be amended by adding thereto the following language: Small Community Residences, provided: (a) They are located not less than 660 feet from another Small Community Residence; provided, however, that up to two such residences may be located on the same zoning lot; and, (b) The applicant or sponsoring agency has demonstrated that the proposed Community Residence is eligible for or has obtained a state license or certification, or that the sponsoring agency is licensed or certified by the state to operate Community Residences. Section 4: That Article 5, Section 5.25 Entitled "Special Uses in all Residential Districts" be amended by adding thereto the following language: (C) Small Community Residences located less than 1,320 feet from another Small Community Residence in the R-1, R-2, R-3 and R-4 Districts and Small Commiunity Residences located less than 660 feet from another Small Community Residence in the A-1, A-2 and A-3 Districts provided: (a) The President and Board of Trustees find that the cumulative 4 effect of such uses would not alter the residential character or the neighborhood, would not create an institutional setting, and its operation would not create an adverse effect on surrounding properties; and, (b) The applicant or sponsoring agency has demonstrated that the proposed Community Residence is eligible for or has obtained a state license or certification, or that the sponsoring agency is licensed or certified by the state to operate Community Residences. (D) Large CoffFnunity Residences subject to the following conditions: (a) No such Residence shall be located less than 1,320 feet from a Small-or Large Community Residence: provided however, that this spacing requirement may be waived if the President and Board of Trustees find that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and by its operation would not create an adverse effect on surrounding properties. (b) Prior to admitting residents, the operator of such Residences shall demonstrate that the dwelling will comply with all applicable licensing and code standards, (c) Applicant shall submit a statement of the exact nature of the Residence, the qualifications of the agency that will J operate the Residence, the number and type of personnel who will be employed, and the number and nature of the residents who will live in the Residence. (d) The Residence shall. to the extent possible, conform to the type and outward appearances of the residences in the area in which it is located. (e) The applicant or sponsoring agency has demonstrated that the proposed Community Residence is eligible for or has obtained a state license or certification, or that the sponsoring agency is licensed by the state to operate Community Residences. Section 5: That the Village Clerk is authorized to publish this Ordinance in pamphlet form. MMMAr 5 -