Planning & Zoning Board

December 14, 2021 WHEATON PLANNING AND ZONING BOARD I. CALL TO ORDER AND ROLL CALL VOTE Chair Aranas called the Tuesday, December 14, 2021 Wheaton Planning and Zoning Board meeting to order at 7:00 p.m. in-person and via zoom. Upon roll call, the following were: Roll Call Vote Present: Nicole Aranas Christopher Dabovich Chris Derrick Mark Plunkett Dan Wanzung Absent: Bob Gudmundson Cecilia Horejs City Staff Present: Tracy Jones, Staff Planner II. APPROVAL OF MINUTES - NOVEMBER 9, 2021 The minutes were approved as presented. III. PUBLIC COMMENT There was none. IV. NEW BUSINESS ZA 21-26/ TEXT AMENDMENT/ ARTICLES II, VII, VIII, IX, X, XI, XII, XIII, AND XIV/ GROUP CARE HOMES - SPACING REQUIREMENTS Pursuant to notice duly published on November 24, 2021, Chair Aranas called to order the December 14, 2021 public hearing requesting a staff initiated text amendment to the Wheaton Zoning Ordinance to remove the existing spacing requirements for Group Care Homes. Staff Planner Jones stated that the text amendment is proposing an amendment to Article II (Definitions) of the Wheaton Zoning Ordinance to remove the reference to the spacing requirement in the existing definition of a Group Care Home. The application is further proposing amendments to Articles VII, VIII, IX, X, XI, XII, XIII, and XIV of the Wheaton Zoning Ordinance (the R-1, R-2, R-3, R-4, R-5, R-6, and R-7 Residential Districts and the I-1 Institutional District) to remove the existing spacing requirements for Group Care Homes in each of these Articles. Staff Planner Jones stated that the City of Wheaton (“City”) is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and as a home rule corporation, the City has the authority to adopt ordinances and to promulgate rules and regulations related to the effective and orderly development of property located with the City. Title VIII of the Civil Rights Act of 1968, as amended by the Federal Fair Housing Amendments Act of 1988 (“FHA”), prohibits enforcement of zoning regulations which would have the effect of discriminating against equal housing opportunities for the handicapped. Staff Planner Jones stated that recently, in the case of Valencia v. City of Springfield, 446 F.Supp.3d 369 (C.D. Ill. 2020), the United States District Court for the Central District of Illinois determined that municipal zoning ordinance spacing rules for the location of group homes housing handicapped individuals discriminates on the  Wheaton Planning and Zoning Board December 14, 2021 Page 2 of 3 basis of disability. Group Care Homes as defined in Article II of the Wheaton Zoning Ordinance pertains to the housing of individuals classified as handicapped under the FHA. Staff Planner Jones stated that the proposed text amendment considers removing the reference to the spacing requirement in the definition of a Group Care Home as contained in Article II (Definitions). The proposed text amendment further considers removing the municipal spacing requirements for the location of Group Care Homes housing handicapped individuals in Articles VII, VIII, IX, X, XI, XII, XIII, and XIV of the Wheaton Zoning Ordinance (the R- 1, R-2, R-3, R-4, R-5, R-6, and R-7 Residential Districts and the I-1 Institutional District). The current spacing requirements are: 1,000 feet in the R-1 Residential District; 700 feet in the R-2 Residential District; 500 feet in the R-3 and R-4 Residential Districts and in the I-1 Institutional District; and 300 feet in the R-5, R-6, and R-7 Residential Districts. Staff Planner Jones stated that the proposed language for permitted uses was included in the staff memo for each Article, but that this language should actually pertain to the permitted use and special use sections in each Article. She recommended approval of the proposed text amendment as amended. Mr. Plunkett moved and then Mr. Wanzung seconded the motion to close the public hearing. On a voice vote, all voted aye. Mr. Wanzung moved and then Mr. Derrick seconded the motion to waive their normal rules and vote this evening. On a voice vote, all voted aye. Mr. Dabovich moved and then Mr. Plunkett seconded the motion to recommend approval of ZA #21-26, requesting a staff initiated text amendment to the Wheaton Zoning Ordinance to remove the existing spacing requirements for Group Care Homes in Articles II, VII, VIII, IX, X, XI, XII, XIII, and XIV of the Wheaton Zoning Ordinance as amended by City Staff to include both the permitted use and special use sections in each Article. Roll Call Vote Ayes: Nicole Aranas Chris Dabovich Chris Derrick Mark Plunkett Dan Wanzung Nays: None Absent: Bob Gudmundson Cecilia Horejs Motion Passed Unanimously V. MISCELLANEOUS There was none.  Wheaton Planning and Zoning Board December 14, 2021 Page 3 of 3 VI. ADJOURNMENT Mr. Dabovich moved and then Mr. Plunkett seconded the motion to adjourn the meeting at 7:14p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, Staff Planner