ACTION REQUESTED:
Title
Communication from the City Manager, Corporation Counsel, and Director of Community Development with a Request to ADOPT an ORDINANCE Amending Appendix A, the Unified Development Code, Relating to FAMILY CARE FACILITIES.
Body
BACKGROUND:
Earlier this year we become aware of an Oxford Houses operating in Peoria. Planning and Zoning contacted the Oxford House on Roxbury Lane to explain that zoning approval was required to operate a group living facility. The Oxford House on Roxbury Lane responded with a request for reasonable accommodation asking the City to treat the House as a family under the City’s definition, as a single family use, and without limitation on the number of unrelated persons who can reside together as a family (“Request).
The Request was made pursuant to the Federal Fair Housing Act and the Americans with Disabilities Act. The Request was reviewed by our legal staff along with outside counsel Ancel-Glink.
Notwithstanding the Request, to avoid potential legal challenges under the Fair Housing Act and the Americans with Disabilities Act, the definition of Family Care Facility should be modified to eliminate the exclusion of persons with a disability that arises from current use or addiction.
The Planning & Zoning Commission voted 4 to 1 to APPROVE the proposed text amendment relating to Family Care Facilities. Note, following this meeting Staff found the same Family Care Facility language in a separate section of the Unified Development Code. The attached ordinance modifies both sections to avoid conflicting regulation.
See the attached Planning & Zoning Commission case packet and meeting minutes for detailed information.
Update - During the discussion, there was a question about bathroom requirements for single family dwellings. The Illinois State Plumbing Code requires a minimum of one bathroom for a single family dwelling unit regardless of the number of bedrooms.
FINANCIAL IMPACT: None
NEIGHBORHOOD CONCERNS (at the Planning & Zoning Commission Meeting): None
IMPACT IF APPROVED: The definition of Family Care Facility will be amended.
IMPACT IF DENIED: The definition of Family Care Facility will not be amended.
ALTERNATIVES: N/A
EEO CERTIFICATION NUMBER: N/A
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Grow Peoria
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Have an efficient government.
DEPARTMENT: Legal and Community Development