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HomeMy WebLinkAboutPLAN COMMISSION - 10/17/1990 - ILL COMMUNITY RESIDENCE LOCATION ELK GROVE VILLAGE PLAN COMMISSION MINUTES October 17, 1990 Present: John R. Glass , Chairman John Meyers David Paliganoff Thomas Parker Paul Ayers Absent: George Mullen Charles Henrici Fred Geinosky, Secretary Patton Feichter Staff: Raymond R. Rummel , Administrative Assistant Al Boffice, Director Engineering and Community Development ILLINOIS COMMUNITY RESIDENCE LOCATION PLANNING ACT PUBLIC HEARING (Docket 90-12) Chairman Glass called the meeting to order at 8:10 p.m. and opened the public hearing for Docket 90-12, a Text Amendment to the Elk Grove Zoning Ordinance. Alan Boffice, the Director of Engineering and Community Development served as the petitioner on behalf of the Village of Elk Grove. Boffice introduced Daniel Lauber. Lauber is an attorney working for the Illinois Planning Council which was charged by the State with overseeing the implementation of the Illinois State Community Residence Location Planning Act (CRLPA). Lauber provided expert testimony before the Plan Commission. Lauber noted that the CRLPA applies to those who have developmental disabilities. Developmental Disabilities fall into three groups: 1) Mental Retardation - which affects a person's ability to live independently; 2) Mental Illness - which is chronic depression or anxiety which impairs a person's ability to function in society; and 3) Physical Handicaps - which affects a person's ability to live independently. Lauber then explained the function of a group home. A group home is a residence that functions as a family. The Court defines these homes as functional families as opposed to biological families. The staff is considered the parents and the residents are considered the children. Courts have consistently held that group homes are family residences because they serve as a permanent living arrangement. Group homes are not clinics, halfway homes, or hospices. The purpose of group homes is to help integrate and assimilate their residents into the community. The homes' staff teaches residents how to function in society whereas, institutions only teach the developmentally disabled how to live in institutions. Plan Commission Ates • October 17, 1990 Page 2 Lauber discussed the Federal Fair Housing Act which makes it illegal to discriminate against the developmentally disabled unless there is a legitimate governmental interest in doing so. Allowing Group Homes by Special Use permit has been struck down since there is no legitimate governmental interest in making a family apply for such a permit. Municipalities can require state licensing for the operation of a group home since there is a legitimate interest in ensuring the health and welfare of the residents. Municipalities can also require distances between group homes since the purpose of the home is "normalization. " Clusters of group homes would create a defacto social service center which would interfere with the integration of residents into the normal society. Lauber then discussed a number of preconceptions about group homes which many studies have proven to be false. First, group homes do not negatively impact property values of surrounding residences. Group homes look like other homes in the neighborhood. And, they tend to be better kept homes since residents are taught to maintain the property as part of their normalization process. Second, group homes experience significantly less crime than the general population. The residents of group homes are not predisposed toward crime. Finally, group homes have no added impact on parking, traffic, or major utilities. Lauber then reviewed Elk Grove Village's proposed Text Amendment. In Lauber's opinion, the ordinance would meet the criteria for the CRLPA; however, Lauber suggested that the Plan Commission examine some issues surrounding the Federal Fair Housing Act as well as some issues which have not been - resolved by the Courts. First, the Courts have not determined what spacing requirements are�-necessary for "normalization." The Elk Grove proposal requires 1,320 feet between group homes in residential zoned districts. Lauber believes that figure would stand little chance of surviving the scrutiny of the court. Lauber opined that 1 ,000 feet could probably be I defended for compliance under the Fair Housing Act. Lauber suggested that the Village reduce the distance to 1 ,000 feet rather than use 1,320 feet which was erroneously recommended by the Illinois Municipal i League. Second, Lauber reported that Illinois does not require licenses for all group homes (i .e. no license is required for a group home catering only to the physically disabled.) Lauber recommended that for those homes which the State does not license or certify, a Special use permit should be issued. Language stating such could be added to Section 4 (page 4) of the proposed Text Amendment. Since no State license is issued, the government does have a legitimate purpose in seeking information on the care of residents and issuing a Special Use Permit based upon the information. Third, Lauber recommended changing the name of "Small Community Residence" to "Family Community Residence" and "Large Community Plan Commission Ates • October 17, 1990 Page 3 Residence" to "Group Community Residence" to help legally distinguish between the two groups. Fourth, Lauber noted that some uncertainty exists as to whether a cap can be placed on the number of people living in a group home through zoning restrictions. Lauber reported that the best means of limiting the number of people is through the building code which requires a specific amount of square feet of bedroom space per person and is applied fairly and equally to all groups. Lauber noted that if a house is large enough to accommodate nine .persons, what governmental interest is served by only allowing eight persons to live in the house? From a State licensing perspective, an eight person limit may be enforceable, however. The fifth and final point went beyond the CRLPA and examined the proposed text amendment in light of the Fair Housing Act. Lauber reported that the Fair Housing Act extends rights beyond the developmentally disabled to people with substance abuse addictions and AIDS. Because halfway houses for substance abuse users and Hospices for AIDS victims are not permanent and do not function as a family, those uses can be regulated by a Special Use permit. The proposed Text Amendment does not deal with either of those two issues and it is not required to under the CRLPA. Chairman Glass recessed the public hearing at 9:10 p.m. and reconvened the hearing at 9:20. Commissioner Parker asked what the rationale was behind the designation of large and small community residences. Alan Boffice reported that those designations, along with the spacing requirements, were recommended by the Illinois Municipal League. Those designations can be amended pursuant to the expert testimony. Commissioner Parker asked why substance abuse homes were not included in the Text Amendment. Boffice reported that they are not required under the State Act. Commissioner Parker asked what happens if the Village does not adopt the plan. Lauber reported that zoning powers are granted by the State. Home-Rule zoning powers are granted by .the State Constitution. Home Rule Municipalities that do not adopt the amendment will be vulnerable to litigation. The State will probably, by law, amend the zoning uses for non-home rule units. Commissioner Ayers asked if Elk Grove' s Building Code specifies the number of people who can occupy a residential housing unit. Boffice replied that the BOCA Code, Existing Structures section, limits the number of occupants depending upon the square footage of bedroom space. Commissioner Paliganoff noted that the definition of Community Residence in the Text Amendment does not include living in the home on a permanent basis. Boffice replied that the definition was a model I Plan Commission Ates • October 17, 1990 Page' 4 definition and that the word "permanent" is subjective. Lauber noted that "permanent" could be defined as being 6 months or one year. Chairman Glass requested that information on the BOCA Code living space requirements be forwarded to the Plan Commissioner's for the next meeting. Glass asked if the BOCA requirement would be enforceable on group homes. Boffice replied that enforcement of that provision is reactive now. Lauber noted that information could be obtained while staff is reviewing a proposal for a group home and enforce the Building Code in a proactive manner. Boffice reported that the more restrictive provision would be used if limitations were in both the building and zoning code. Glass noted that the building code is a reasonable, equally applied standard. Chairman Glass opened the meeting to the audience. Tom Rettenbacher, Village resident, noted that the proposed spacing requirements for residential zoned districts is 1,320 feet; however, the spacing distance in multiple family zoned districts equals 660 feet. Which standard applies if a residential district abuts a multi-family district? Lauber reported that the most restrictive distance would apply. Chairman Glass closed the public hearing at 10:40 p.m. Chairman Glass requested that the Community Residence Location Planning Act Text Amendment be placed on the November 7, 1990 Plan Commission Agenda. The meeting adjourned at 10:45 p.m. Respectfully submitted, i Ray and R. Rummel Administrative Assistant rh CC: Chairman and Members of Plan Commission, Village President, Board of Trustees, Village Clerk, Village Manager, Assistant Village Manager, Administrative Assistant, Administrative Intern, Director of Engineering and Community Development, Director of Public Works, Fire Chief, Deputy Fire Chief, Village Attorney i