File #: 16-180    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 5/12/2016 In control: City Council
On agenda: 5/24/2016 Final action: 5/24/2016
Title: Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Planning and Zoning Commission to ADOPT an ORDINANCE, Granting a SPECIAL USE, for an Assisted Living (Sober Living) Facility in a Class R-4 (Single-Family Residential) District for the Property Located at 2116 N. PROSPECT ROAD (Parcel Identification No. 14-34-378-001), Peoria, Illinois. (PS 16-12) (Council District 3)
Attachments: 1. ORD NO 17,376 (Item No. 16-180), 2. Attachment A to Memo - Ordinance, 3. Exhibit A to Ordinance - Site and Floor Plans, 4. Attachment B to Memo - PZ Staff Memo, 5. Attachment C to Memo - PZ Minutes

ACTION REQUESTED: 

Title

Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Planning and Zoning Commission to ADOPT an ORDINANCE, Granting a SPECIAL USE, for an Assisted Living (Sober Living) Facility in a Class R-4 (Single-Family Residential) District for the Property Located at 2116 N. PROSPECT ROAD (Parcel Identification No. 14-34-378-001), Peoria, Illinois.  (PS 16-12) (Council District 3)

 

Body

BACKGROUND: The petitioner is requesting to obtain a Special Use for an Assisted Living Facility (Sober Living) at 2116 North Prospect Road; a 4,031 square foot home with 5 bedrooms. The petitioner describes the use of sober living as a 12 step based living facility with house managers. There will be rules that the residents will have to sign, indicating that they will follow the rules. They will be drug tested weekly on a random basis. They will have a group meeting to see how they are doing with meetings, if they have a sponsor, and job or school or volunteer services. There will be AA meetings with the house residents but no therapy or treatment. There will be no alcohol or drugs on the premise and if one of the residents is found with an illegal substance, (including medical marijuana), they will have to leave the house immediately. There will be 8 residents and 2 house managers, for a total of 10 people residing at the property.

 

The proposed use best fits the Land Development Code definition of Assisted Living, which is defined as a special combination of housing, supportive services, personalized assistance, and/or health care designed to respond to the individual needs of those who need help with activities of daily living because of age or medical condition. This also includes independent living, elderly housing, nursing homes, and hospices.

 

Please note that the proposed use does not meet the Land Development Code definition of a halfway house or a residential treatment facility.

 

The property has approval as a legal non-conforming duplex, since 1988, based on continuous use as a duplex. For the property to continue to be used as two units, a zoning certificate for a transfer or property would be required, with documentation that neither unit has been vacant for more than 12 months since 1988.

 

The Planning and Zoning Commission VOTED 6 - 0 TO APPROVE the request.

 

After the Planning and Zoning Commission meeting, in response to concerns from residents, the following condition was added to the special use, as condition #6:

v                     No signs are permitted without an amendment to the special use before the Planning and Zoning Commission and City Council. 

 

Please note that the petitioner does not object to this additional condition. 

 

Another change since the Planning and Zoning Commission Meeting is a clarification regarding parking.  The Planning and Zoning Commission staff memorandum noted that a total of 13 parking spaces were provided.  This included the approach area to the drive off of Republic which cannot be used for parking.  This results in a total of 12 parking spaces provided, which includes the following breakdown:

v                     3 on-site parking spaces utilizing the 3-car garage on site.

v                     9 on-street parking spaces (5 along Republic and 4 along Prospect).

 

The proposed use does not have a minimum parking requirement.  The maximum parking allowed on-site is 1 parking space for every three residents and 1 per employee.  In this instance there will be 8 residents and 3 employees (2 house managers and one office manager).  As a result, the maximum parking allowed is 6 parking spaces on-site.  Since the maximum on-site is not exceeded, there is no fee for over-parking. 

 

For additional background information, please refer to the Staff memorandum to the Planning and Zoning Commission. 

 

FINANCIAL IMPACT: N/A

 

NEIGHBORHOOD CONCERNS:   Several residents attended the meeting expressing both concerns and support for the proposed use.  The primary concerns centered around the potential impact that the proposed use could have on the residential character of the surrounding neighborhood.  Please see attached Planning and Zoning Commission minutes for more information. 

                     

IMPACT IF APPROVED:  A special use will be granted for an assisted living facility. 

 

IMPACT IF DENIED:   A special use will not be granted for an assisted living facility. 

 

ALTERNATIVES:   N/A

 

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                     

2. Attractive Neighborhoods with Character: Safe and Livable

 

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