October 15, 1998

To:Urban Environment and Development Committee

From:Commissioner of Urban Planning and Development Services

Subject:Scarborough Group Home Zoning By-law 25225 and Appeals to the Ontario Municipal Board by the Former Municipality of Metropolitan Toronto, The Catholic Children's Aid Society and the St. Leonard's Society of Metropolitan Toronto

Purpose:

To recommend that Council repeal Scarborough By-law 25225 which increases the separation distance between group homes from 300 metres to 800 metres. The repeal of the By-law will nullify the appeals and eliminate the need for an Ontario Municipal Board (OMB) hearing. The former municipalities' group home policies will be reviewed in the preparation of the new Official Plan and City-wide implementation policies.

Funding Sources, Financial Implications and Impact Statement:

There are financial implications if Council does not approve the recommendations in this report. An OMB hearing could involve legal costs being awarded against the City and costs to engage planning consultants (which would require Council approval) to give evidence in support of the By-law as City planning staff cannot defend the By-law.

Recommendations:

It is recommended that:

(1)Council repeal Scarborough Zoning By-law 25225;

(2)authority be granted to introduce the necessary Bills at Council; and

(3)the appropriate City officials be authorized to undertake any necessary action to give effect thereto and advise the Ontario Municipal Board of Council's decision.

Background:

In September 1997, Scarborough City Council passed By-law 25225 which increases the separation distance between group homes in Scarborough from 300 metres to 800 metres.

Metropolitan planning staff determined the By-law to be contrary to the intent of the group homes policies in the Metropolitan Toronto Official Plan. Accordingly, the Acting Metropolitan Commissioner of Planning filed an objection. At its meeting on October 8 and 9, 1997, Metro Council confirmed the objection through its adoption of a motion to appeal the By-law. The Catholic Children' s Aid Society and The St. Leonard's Society of Metropolitan Toronto also filed objections. At the request of City legal staff, the OMB adjourned the hearing. The City is in a paradoxical and untenable situation as it is both the respondent and an appellant.

The issue is presently before the UEDC as City Council, at its meeting on July 29, 30 and 31, struck out Clause 15 in Scarborough Community Council Report No. 7 and referred it to the UEDC. Clause 15 recommended that City Council withdraw the Metro appeal and advise the OMB to defer hearing the other appeals and that staff report on this item to the UEDC in the last quarter of this year with the Scarborough Community Council having an opportunity to provide its comments to the UEDC.

Discussion:

In 1985 Scarborough Council adopted group home official plan policies and zoning regulations which require that no group home be located within 300 metres of any other group home. Scarborough comprises 30% of the City's land area, has 23 percent of the City's population and 24 percent of the City's group homes and crisis care facilities. There have been the same number of group homes (72) in Scarborough since 1994. There were 74 group homes in 1992.

In 1997 Scarborough Council directed staff to issue a Notice Report indicating that consideration would be given to increasing the separation distance between group homes from 300 metres to 800 metres. Scarborough Council implemented the change by enacting By-law 25225 in September 1997, notwithstanding the staff report which indicated that:

-the existing 300 metre separation had been effective and had achieved the Metro Plan policy for an equitable distribution of facilities in Metro;

-up to 52 of the 72 group homes in Scarborough would become legal non-conforming uses; and

-opportunities for new group homes would be further limited.

There are no planning grounds to support the increase in separation distance from 300 metres to 800 metres. As staff cannot give evidence in support of the By-law, it would be necessary for Council

to seek planning consultants to prepare and present an argument in support of the By-law at the Board. If Council decided to defend the By-law, two non-profit social agencies would be forced to expend funds on a Board hearing.

Except for holding the mandatory public meeting, Scarborough City Council did not seek input from group home operators in the development of the new By-law. At the public meeting, a Council Motion to direct staff to meet with Group Home Operators in Scarborough to discuss the matter further was voted on and lost.

The new restrictive By-law is having an impact. Ministry of Community and Social Services staff advise that the 800 metre restriction has prevented a group home from relocating from its present site to a more suitable location in Scarborough . The legal non-conforming use status for 52 of the group homes could affect operations as additions or modifications may require approval by the Committee of Adjustment. If the group home operation were to cease the use of the property would revert to residential limiting opportunities for group homes.

While new programs have been initiated which are aimed at providing individualized services in more independent living situations, the group home model for delivering community-based services will continue to play an important role in facilitating people to move from institutions back into their communities.

The existing group home official plan policies and different separation distances used by the former area municipalities will be reviewed in conjunction with the preparation of a new Official Plan and City-wide implementation policies.

Conclusions:

It is appropriate for Council to repeal Scarborough By-law 25225 because:

-there is no planning rationale or apparent need for increasing the separation distance between group homes by 500 metres;

-staff cannot provide a substantive defence at the OMB;

-a Board hearing would be a costly ordeal for the City and the two non-profit organizations;

-improvements to the 52 group homes that become legal non-conforming uses may require the approval of the Committee of Adjustment and

-group home operations are and will be adversely affected.

The two other appellants and the Commissioner of Community and Neighbourhood Services have been consulted and support the repeal of the By-law. The City Solicitor has also been consulted in the preparation of this report.

Contact Name:

Barbara Leonhardt, Director of Policy and Research, City Planning Division, Metro Hall, 22^nd Floor,

Tel: 392-8148

Reviewed by:

_________________________________________________________

Paul J. BedfordVirginia M. West

Executive Director and Chief PlannerCommissioner of Urban Planning

City Planning Divisionand Development Services