ACTION REQUESTED:
Title
Communication from the City Manager and the Director of Community Development with a Recommendation from the Planning & Zoning Commission and Staff for the Following:
A. ADOPT an ORDINANCE Granting a Special Use in Class R-3 (Single Family Residential) District for a FAMILY CARE FACILITY for the Property Identified as 1910 W NEWMAN PARKWAY (Parcel Identification No. 14-31-281-015), Peoria, IL (District 2).
B. ADOPT an ORDINANCE Granting a Special Use in Class R-3 (Single Family Residential) District for a FAMILY CARE FACILITY for the Property Identified as 6502 N ROBINWOOD DR (Parcel Identification No. 14-18-129-019), Peoria, IL (District 5).
C. ADOPT an ORDINANCE Granting a Special Use in Class R-3 (Single Family Residential) District for a FAMILY CARE FACILITY for the Property Identified as 6225 N HAMILTON RD (Parcel Identification No. 14-18-254-006), Peoria, IL. (District 4).
D. ADOPT an ORDINANCE Granting a Special Use in Class R-3 (Single Family Residential) District for a FAMILY CARE FACILITY for the Property Identified as 2912 PARKRIDGE DR (Parcel Identification No. 14-31-151-007), Peoria, IL. (District 4).
E. APPROVE a recommendation to DENY a Special Use in Class R-3 (Single Family Residential) District for a FAMILY CARE FACILITY for the Property Identified as 4023 SAYMORE CT (Parcel Identification No. 13-25-202-030), Peoria IL. (District 4).
Body
BACKGROUND:
Summary of Request
The petitioner is requesting a special use to establish family care facilities at the following locations:
Subject Properties |
1910 W Newman Pkwy. |
6502 N Robinwood Dr. |
6225 N Hamilton Rd. |
2912 Parkridge Dr. |
4023 Saymore Ct. |
The subject properties are zoned R-3 (Single-Family Residential) and generally surrounded by properties zoned single-family residential. Each property has previously been occupied as a single-family residence.
All of the proposed facilities will include four persons with disabilities along with staffing with the following schedule:
7 am - 9 am: 1 full time and 1 part time
9 am - 3 pm: 1 full time
3 pm - 6 pm: 1 full time and 1 part time
6 pm - 7 am: 1 full time divided between two shifts
City of Peoria Zoning Requirements
A family care facility is defined by the Zoning Ordinance as a nonmedical facility for the housing of no more than eight (8) unrelated persons (inclusive of residential staff), who, due to advanced age, handicap, impairment due to chronic illness, or status as a minor who is unable to live with parents or guardians, require assistance and/or supervision, and who reside together in a family-type environment as a single housekeeping unit. Excluded from the definition of family care facilities are homes in which residents are criminal offenders or former criminal offenders. Excluded from this definition are persons whose disability arises from current use or addiction to a controlled substance as this term is used in the United States Code and Illinois Statutes.
Per Appendix B, Article 3.2.C.(3) and Appendix C, 2.5.8, the following standards apply to family care facilities:
1. The number of residents complies with requirements of this Zoning Ordinance.
2. The parking requirements as set by this Zoning Ordinance have been met.
3. The proposed Group Occupancy is not within six hundred (600) feet of another existing Group Occupancy which requires a use with administrative approval, or one which has obtained a use permitted with approval or special use in lieu of a use with administrative approval. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the proposed use to the property line of the existing use.
4. In order to ensure that the structure and rooms therein are used as originally designed and intended, the proposed use will not require or include structural alterations as that term is defined in the BOCA Basic Building Code or other building code adopted by the City.
5. The structure meets the requirements of the City's housing, building and fire codes as set forth in the Code of the City of Peoria or the codes adopted by reference therein.
6. Users and occupants have received any and all required approvals from other governmental bodies which permits use of the premises in conformance with the approval for which they have applied.
7. For Group Occupancies there shall be a minimum of one hundred twenty (120) square feet of bedroom space for every two (2) residents for residential uses. In determining the number of people in any group occupancy, the Administrator shall assume that no more than two persons will occupy any bedroom.
8. For Group Occupancies, the property owner or his agent shall inform occupants of the property in writing either in a written lease or by a sign prominently posted at the property that the occupants shall not park in other than the provided off-street parking from midnight to 6:00 a.m.
9. Any group occupancy required by law to obtain a license from the state or its subdivisions for family care facilities and group care has received a license permitting it to operate from the relevant governmental body and a permit or approval document for the specific address indicating the specific address is approved and identifying the number of residents included in that approval.
Note that if all standards are met, the use can be approved administratively; however, for the subject properties, not all standards are met and therefore the applicant has submitted for approval through the Special Use process, per Appendix B, Article 3.2.b.
State of Illinois Regulations
The proposed facilities are regulated by the State of Illinois as Community Integrated Living Arrangements (CILA's). Title 59, Chapter 1, Part 115 of the State of Illinois Administrative Code, includes the standards and license requirements for CILA's. Agencies which operate CILA's are licensed by the State of Illinois Department of Human Services Bureau of Accreditation Licensure and Certification.
There are two types of CILA's; Agency Controlled and Individually Controlled, defined as follows:
v Agency Controlled are defined as homes which the CILA provider signed a lease or rental agreement with the landlord or owner. The Department of Human Services Bureau of Accreditation Licensure and Certification routinely inspects this type of home before any consumers can move in. The State also requires the homes to be inspected by the State Fire Marshal's office. This type of home is required to be 800 feet from another agency controlled CILA.
v Individually Controlled are defined as homes in which the individual consumers sign a lease or rental agreement "with a landlord or owner" and that entity is not the Licensed CILA provider. The support services provided are still required to be in compliance with State requirements. The Department of Human Services Bureau of Accreditation Licensure and Certification does not routinely inspect this type of CILA unless the State received a complaint, in which case the State would conduct and inspection to review the home for compliance with State requirements. There are no separation requirements that apply to this type of CILA.
The proposed homes at the subject properties are considered Individually Controlled homes, as the occupants sign individual leases with the property owner. The State of Illinois has indicated that the provider, Bethesda Lutheran Communities, operating homes at the subject properties, is currently licensed and in good standing with the Department of Human Services. See Attachment A for agency description and license for further information.
Summary of the Federal Fair Housing Act
The federal Fair Housing Act was passed in 1968 and amended by Congress in 1988 to add protections for persons with disabilities and families with children. The Fair Housing Act prohibits a broad range of practices that discriminate against individuals on the basis of race, color, religion, sex, national origin, familial status, and disability to ensure equal access to housing opportunities. The Act does not pre-empt local zoning laws. However, the Act applies to municipalities and other local government entities and prohibits them from making zoning or land use decisions or implementing land use policies that exclude or otherwise discriminate against protected persons, including individuals with disabilities. Reasonable accommodations must be made in land use and zoning policies and procedures to afford persons with disabilities an equal opportunity to housing; local governments cannot exercise land use and zoning powers in a discriminatory way.
Explanation of the Recent Increase in Family Care Home Requests
The recent increase in family care homes in Peoria is due, in part, to several consent decrees entered into by the State of Illinois as a result of class action lawsuits, in which the State of Illinois was found to be in violation of the Americans with Disabilities Act, for not appropriately housing persons with disabilities in the least restrictive settings. This has resulted in the requirement to eliminate unnecessary segregation of persons with disabilities and to ensure that persons with disabilities receive services in the most integrated setting appropriate to their needs. Individuals, who no longer want to live in institutions, are offered the opportunity to move to community-based settings, with the kind of care and services that are appropriate for their individual circumstance.
Secondly, Governor Quinn decided to close several State Operated facilities not only as cost savings, but also to provide housing in the least restrictive setting. Lastly, the creation of the federal program, Money Follows a Person (MFP), provides enhanced Medicaid match (for the first year of community-based residency) to support transitions of seniors and persons with disabilities out of institutions and into eligible community-based settings.
The result of such actions is the transition of thousands of people with disabilities throughout Illinois into community-based settings. Through a conversation with State of Illinois Staff, it was noted that, to date, there are approximately 4,000 existing CILA's in the State and the Department of Human Services is currently approving approximately 2 new homes a day.
Summary of Proposal
1910 W Newman Parkway (Council District 2)
Background:
This property is a four-bedroom ranch home, with an attached two-car garage, and situated on a 0.2 acre lot. The house was constructed in 1964 as part of Hamilton Park Section 11 Subdivision.
The table below outlines the subject property's compliance with the required standards:
Standard |
Description |
Compliance |
Number of Residents |
4 |
Yes |
Parking Requirements |
Residents do not drive. A handicap ramp is installed in the garage which encroaches into both parking spaces. As a result, the length of the parking spaces have been reduced to 17 feet, which does not meet the minimum requirement of 18.5 feet. Therefore there is no legal parking (outside of the front yard) provided on the site |
No |
Distance Requirements |
>600 feet from other group occupancy |
Yes |
Structural Alterations |
None |
Yes |
Housing/Building/Fire Codes & Other Approvals |
Inspected by City officials |
Yes |
Bedroom Square Footage |
105-165 sq. ft. |
Yes |
State License Requirements |
The agency staffing the property is licensed by the Department of Human Services (CILA) |
Yes |
Requested Waiver: A waiver is requested to allow two off-street parking spaces in the driveway, within the required front yard setback.
Requested Condition: Employees must park in the garage and driveway
Staff Comments:
The subject property is in compliance with the required standards, with the exception of required parking. A maximum of two employees are at the property on any given shift, and therefore, two off-street parking spaces for the employees are required. Such parking spaces cannot be located in the required front or side yard setback areas. A handicap ramp has been constructed in the garage thereby removing two parking spaces. A waiver is requested to allow both required parking spaces to be located on the driveway, within the 25-foot front yard setback area.
On-street parking is permitted on both sides of the street, along Newman Parkway; however, with an approximate street width of 30 feet, the street is narrower than the current residential standard of 34 feet. As a result, visitors should be encouraged to park in the driveway as much as possible to alleviate congestion on the street.
Zoning Commission Action:
The Planning & Zoning Commission found that the request met the Findings of Fact requirements and VOTED 6 TO 0 TO APPROVE, with requested waiver and condition.
6502 N Robinwood Drive (Council District 5)
Background
This property is a four-bedroom ranch home, with an attached two-car garage, and situated on a 0.51 acre lot. The house was constructed in 1961 on a small cul-de-sac along with three other single family homes as part of the Idyllbrook Section 4 Subdivision. The property is accessible from Allen Road, War Memorial Drive, and Willow Knolls Road.
The table below outlines the subject property's compliance with the required standards:
Standard |
Description |
Compliance |
Number of Residents |
4 |
Yes |
Parking Requirements |
Residents do not drive. One off-street employee space provided in garage. |
No |
Distance Requirements |
>600 feet from other group occupancy |
Yes |
Structural Alterations |
None |
Yes |
Housing/Building/Fire Codes & Other Approvals |
Inspected by City officials |
Yes |
Bedroom Square Footage |
126-218 sq. ft. |
Yes |
State License Requirements |
The agency staffing the property is licensed by the Department of Human Services (CILA) |
Yes |
Requested Waiver: Second required off-street parking space allowed on the driveway, within the required front yard setback.
Requested Condition: Employees must park in the garage and driveway.
Staff Comments:
The subject property is in compliance with the required standards with the exception of required parking. Two off-street parking spaces for the employees are required. Such parking spaces cannot be located in the required front or side yard setback areas. A handicap ramp has been constructed in the garage thereby removing one parking space. A waiver is requested to allow the second required parking space to be located on the driveway and within the 25-foot front yard setback area.
Additional parking for visitors and support services is available on the driveway or on the street. However, on-street parking is limited due to the cul-de-sac design.
Zoning Commission Action:
The Planning & Zoning Commission found that the request met the Findings of Fact requirements and VOTED 4 TO 2 TO APPROVE with requested waiver and condition of approval.
6225 N Hamilton Road (Council District 4)
Background:
This property is four-bedroom ranch home, with an attached one-car garage, and situated on a 0.27 acre lot. The house was constructed in 1967 as part of the Northaire Section 1 Subdivision.
The table below outlines the subject property's compliance with the required standards:
Standard |
Description |
Compliance |
Number of Residents |
4 |
Yes |
Parking Requirements |
Residents do not drive. One off-street employee space is provided; however it does not meet zoning set-back requirements. |
No |
Distance Requirements |
>600 feet from other group occupancy |
Yes |
Structural Alterations |
None. |
Yes |
Housing/Building/Fire Codes & Other Approvals |
Inspected by City officials |
Yes |
Bedroom Square Footage |
117-169 sq. ft. |
Yes |
State License Requirements |
The agency staffing the property is licensed by the Department of Human Services (CILA) |
Yes |
Requested Waivers:
1) Waiver to allow parking within the required front yard setback.
2) Waiver to allow parking spaces on the driveway to be stacked instead of independently maneuverable.
Requested Condition: Employees must park in the garage and driveway.
Staff Comments:
The subject property is in compliance with the required standards with the exception of required parking. Two off-street parking spaces for the employees are required, and require waivers to be located in the 25-foot required front yard setback areas, and to be stacked on the driveway.
No ramp will be located within the garage.
Zoning Commission Action:
The Planning & Zoning Commission found that the request met the Findings of Fact requirements and VOTED 6 TO 0 TO APPROVE
2912 Parkridge Drive (Council District 4)
Background
This property is four-bedroom ranch home, with an attached two-car garage, and situated on a 0.3 acre lot. The house was constructed in 1969 as part of the Wardcliffe Section 4 Subdivision.
The table below outlines the subject property's compliance with the required standards:
Standard |
Description |
Compliance |
Number of Residents |
4 |
Yes |
Parking Requirements |
Residents do not drive. Two off-street employee spaces are provided; however one does not meet zoning set-back requirements. |
No |
Distance Requirements |
>600 feet from other group occupancy |
Yes |
Structural Alterations |
None. |
Yes |
Housing/Building/Fire Codes & Other Approvals |
Inspected by City officials |
Yes |
Bedroom Square Footage |
129-209 sq. ft. |
Yes |
State License Requirements |
The agency staffing the property is licensed by the Department of Human Services (CILA) |
Yes |
Requested Waiver: Waiver to allow one of the provided off-street spaces to be located within the required front yard setback.
Requested Condition: Employees must park in the garage and driveway.
Staff Comments
The subject property is in compliance with the required standards with the exception of required parking. Two off-street parking spaces for the employees are required, and may not be located in the required front yard setback. A handicap ramp in the garage removes one of the two lawful parking spaces. A waiver is requested to allow the removed parking space to be relocated on the driveway within the 25-foot front yard setback area.
Zoning Commission Action:
The Planning & Zoning Commission found that the request met the Findings of Fact requirements and VOTED 4 TO 1 TO APPROVE as proposed, including the requested wavier and condition.
4023 Saymore Court (Council District 4)
Background:
This property is four-bedroom ranch home, with an attached two-car garage, and situated on a 1.79 acre lot. The house was constructed in 1972 as part of the Lexington Knolls Section 2 Subdivision.
The table below outlines the subject property's compliance with the required standards:
Standard |
Description |
Compliance |
Number of Residents |
4 |
Yes |
Parking Requirements |
Residents do not drive. Two off-street employee spaces are provided; however one does not meet zoning set-back requirements. |
No |
Distance Requirements |
>600 feet from other group occupancy |
No |
Structural Alterations |
None. |
Yes |
Housing/Building/Fire Codes & Other Approvals |
Inspected by City officials |
Yes |
Bedroom Square Footage |
120-228 sq. ft. |
Yes |
State License Requirements |
The agency staffing the property is licensed by the Department of Human Services (CILA) |
Yes |
Requested Waivers:
1) Waiver to allow one of the provided off-street spaces to be located within the required front yard setback.
2) Waiver to allow less than 600 feet of separation from other group care facilities.
Requested Condition: Employees must park in the garage and driveway.
Staff Comments:
The subject property is in compliance with the required standards with the exception of required parking and separation requirements from other such facilities.
1) Two off-street parking spaces for the employees are required, and may not be located in the required front yard setback. A handicap ramp in the garage removes one of the two lawful parking spaces. A waiver is requested to allow the one parking space to be located on the driveway within the 25-foot front yard setback area.
2) Additionally, two other group care facilities are located within 600 feet of the subject property, at 4202 N. Rochelle Court; and 3919 Melcosta Drive. Staff is not supportive of group care facilities closer than 600 feet from one another.
Zoning Commission Action:
The Planning & Zoning Commission found that the request met the Findings of Fact requirements and VOTED 4 TO 1 TO DENY the request.
FINANCIAL IMPACT: N/A
NEIGHBORHOOD CONCERNS: Several concerns from neighbors were expressed and a summary of comments are included in the attached minutes.
IMPACT IF APPROVED: Family Care facilities will be established at the subject properties.
IMPACT IF DENIED: Family Care facilities will either not be established at the subject properties or the application will need to be modified to meet the required standards for administrative approval.
ALTERNATIVES: For the homes at 1910 W Newman Parkway and 6502 N Robinwood Drive, handicap ramps installed in the garage could be removed, which would allow the properties to meet the parking requirements and therefore could be approved administratively.
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Grow Peoria: Businesses, Jobs, and Population
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Grow employers and jobs.
2. Reinvest in neighborhoods.
DEPARTMENT: Community Development