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.
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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.
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