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R-90-05RESOLUTION NO. R -90 -05 WHEREAS, the Village of Deerfield is a Home Rule municipality exercising home rule powers pursuant to the Illinois Constitution of 1970; and WHEREAS, the Illinois General Assembly has adopted Public Act 86 -636, commonly known as the "Community Residence Location Planning Act" which is directed at insuring the availability of sites for community residence for persons with disabilities within the State of Illinois; and WHEREAS, Section Three of the Community Residence Location Planning Act mandates that the Corporate Authorities of each Home Rule municipality shall prior to July 1, 1990 submit to the Illinois Planning Council on Development Disabilities a plan detailing those measures that the municipality has taken and will take to assure the adequate availability.of sites for community residence within a municipality. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, AS FOLLOWS: SECTION That in response to the requirements of Section ONE: Three of the aforementioned Community Residence Location Planning Act the Corporate Authorities of the Village of Deerfield hereby approve and adopt the Community Residence Plan attached hereto as Exhibit A. SECTION That the Director of Community Development is TWO: hereby directed to forward a certified copy of the Resolution hereby adopted to the Illinois Planning Council on Developmental Disabilities prior to July 1, 1990. RESOLUTION NO. R -90 -05 SECTION That this Resolution shall be in full force and THREE: effect from and after its passage in the manner required by law. AYES: Marovitz, Marty, Rosenthal, Seidman, Swanson, York (6) NAYS: None (0) ABSENT: None ( 0 ) PASSED this 18th day of June APPROVED this 18th day of June ATTEST: mnyv -N Lei VIL GE CLERK A.D., 1990. , A.D., 1990. VILLAGE PRESIDENT � 4.; e `,-�- {A- COMMUNITY RESIDENCE PLAN I "Identify and explain the Municipality's current zoning treatment of group homes for persons with developmental, mental, and physical disabilities." A. Current Zoning Ordinance definition of "Family ": "One person, or two or more persons related by blood, marriage or legal adoption (including foster children) , or a group of not more than five persons not all so related, together with domestic servants, maintaining a common household in the same dwelling unit." The Zoning Ordinance does not contain a definition for Group Home or any other term that might be used instead of Group Home. B. By virtue of the definition of "Family" a Group Home consisting of five unrelated persons and their servants could live together in a single house forming a single household without any particular administrative occupancy permit. If more than five unrelated persons wish to live together in a single house, they would not be permitted to do so in any of the single family zoning districts. C. A special use permit is not required of a Group Home of up to five unrelated persons. A Group Home of more than five persons would not be allowed as either a permitted or as a special use. D. Ordinances do not contain any spacing requirements. E. Ordinance makes no distinction between persons with disabilities or able bodied persons. F. Rough estimate of the proportion of the town's total residential land area that comprises a particular zoning district: R -1 :...... R -2 ....... R -3 ....... R -4 ....... R -5 ....... G. There are no of Homes and not residences. 20% 20% 55% 20 (Two - Family District) 5% (Multiple- Family District) :her ordinances specifically for Group for other types of single family II "Identify and explain the zoning treatment your municipality . plans to adopt for Group Homes for persons with developmental, mental, and physical disabilities. Also identify and explain any changes your municipality plans to make in other municipal ordinances that currently deal with Group Homes." A. "Specify zoning treatment your municipality expects to adopt along with standards." In all single family districts, Group Homes would be listed as a permitted use if the following were met: 1. Not more than five unrelated persons. 2. The Group Home is a licensed facility by the State or Federal Government. 3. No Group Home may be located within 1320 feet of another group home. 4. Met definition of Group Home. If these four criteria can be met, an administrative occupancy permit will be issued through the office of the Director of Community Development. If any of the four criteria cannot be met, a special use must be sought. This special use would probably have different criteria than the traditional special use criteria. Facilities not licensed by the State or Federal Government would be required to be licensed by the Village. B. The Village's other ordinances appear to be in compliance with the 1988 amendments to the Fair Housing Act. Amendments may be necessary to the BOCA Housing Code as it has been adopted by the Village. III "Identify and explain the process and tentative timetable for adopting amendments to your municipality's zoning ordinance and any other relevant ordinances to bring them into compliance with the 1988 amendments to the Federal Fair Housing Act." A. Explain the process your municipality expects to follow. 1. The Plan Commission, upon receiving direction from the Mayor and Board of Trustees, will hold a public hearing to consider the amendment of the zoning ordinance as outlined in Part II above. The Plan Commission is a recommending body only. The Plan Commission will formulate a recommendation which they will forward to the Mayor and Board of Trustees along with all minutes and other materials submitted at the public hearing. The Mayor and Board of Trustees will decide on the actual request for text amendments. The Mayor and Board of Trustees then authorizes the Village Attorney to prepare the necessary ordinances. Ordinances require a first and a second reading. 2 2. The actual amendments will be written by the Village Attorney and the Director of Community Development reflecting the Mayor and Board of Trustees directions. The Village Staff will address such issues as are brought up by either the Plan Commission or the public at the public hearing. If the Plan Commission believes that additional information or testimony is required, they will direct it to be submitted. B. The staff will undertake no extraordinary activities in preparation for a public hearing on the proposed text amendments. The staff will follow the usual and customary procedures in all respects which will include preparing memos on the proposed amendments. Organizations which have identified themselves as being interested in the topic will be invited to make presentations to the Plan Commission, if they so desire, i.e., League of Women Voters. Staff will not bring in any experts to meet with elected officials unless the elected officials so desire. It is the Village's intent to follow the normal and customary process for considering any text amendment as set out in the codes and ordinances of the Village. The Village plans to allow for the full consideration of this matter, as it does any and all such matters. C. Early this fall, a public hearing would be scheduled. The Village's ordinances require that a full report and recommendation be sent by the Plan Commission to the Mayor and Board of Trustees for their consideration within 60 days of the completion of the hearing. After the Board receives the recommendation of the Plan Commission it will consider that recommendation. After the Board authorizes the preparation of an ordinance to permit amendment of the zoning ordinance, two readings of the proposed ordinances are required before they can be adopted. 3