November 19, 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 respond to the Scarborough Community Council's motion respecting the separation distance for group homes and
recommend that Scarborough By-law 25225 which increases the separation distance between group homes from 300
metres to 800 metres be repealed.
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 the City Solicitor be instructed to request the Ontario Municipal Board to repeal Zoning By-law
No. 25225 of the former City of Scarborough.
Background:
At its meeting on November 2, 1998, the Urban Environment and Development Committee (UEDC) had before it a staff
report dated October 15, 1998 (see Appendix A) respecting Scarborough Group Homes Zoning By-law 25225. The report
recommended that Council repeal Scarborough Zoning By-law 25225 which increases the separation distance between
group homes from 300 metres to 800 metres..
The UEDC referred the matter to the Scarborough Community Council and requested it forward its comments with
respect thereto to the Committee for consideration at its meeting scheduled for November30, 1998.
At its meeting on November 12, 1998, Scarborough Community Council considered the matter and adopted the following
motion:
"Be it resolved that the Urban Environment and Development Committee be advised that the Scarborough Community
Council confirms its support for the former City of Scarborough position with respect to separation distance for Group
Homes, given that the former cities of Etobicoke and North York by-laws are very similar to the former City of
Scarborough's, as are their demographics and neighbourhood characteristics"
The City of Scarborough position referred to in the motion pertains to Scarborough City Council's passage of By-law
25225 in September 1997 which increases the separation distance between group homes in Scarborough from 300 metres
to 800 metres. The separation distance for group homes is 300 metres in North York and 800 metres in Etobicoke.
Therefore, prior to the passage of By-law 25225, North York and Scarborough had the same separation distance
requirement of 300 metres. The separation distance in the former City of Toronto is 245 metres.
While Etobicoke's by-law contains an 800 metre separation provision, it is important to understand the context and
analysis that led to that standard. In Etobicoke, staff recommended an 800 metre separation distance after the locations of
group homes were mapped, their spatial relationship examined and opportunities identified for allowing additional group
homes in the future.
In contrast, the 800 metre figure that the former Scarborough City Council directed staff to implement was arbitrary and
unsupported by any analysis of Scarborough's context, and solely based on the fact that 800 metres was used by another
Area Municipality in Metropolitan Toronto. Scarborough City Council enacted the by-law notwithstanding a staff report
which advised that :
-the existing 300 metre separation had been effective and had achieved the Metro Plan policy for an equitable distribution
of facilities throughout Metro (Scarborough has 23% of the City's population and 24 % of the City's group homes);
-there was no apparent need for increasing the separation distance;
-Buildings Standards staff had not received any complaints in recent years about group homes;
-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
The selection by the former Scarborough City Council of the 800 metre distancing requirement was done in isolation of
the analysis that was used to justify the Etobicoke approach. It is clear that 800 metres is not an appropriate separation
distance in the context of the distribution of Scarborough group homes; given the fact that 72 % of the existing facilities
would become legal non-conforming use.
The subject of harmonizing group home policies and regulations was raised in an earlier staff report and at the November
16, 1998 Scarborough Community Council meeting. The Scarborough situation ( up to 52 group homes would become
legal non-conforming uses) highlights the problem of attempting to standardize the separation distance in the absence of a
consistent analytical framework. This issue will have to be addressed in conjunction with the preparation of the new
Official Plan and City-wide implementation policies as proposed in the October 15, 1998 staff report. It is far more
appropriate to resolve this issue as part of a comprehensive review to ensure that City-wide interests are considered and
which would allow for input from appropriate stakeholders. An Ontario Municipal Board hearing in which staff cannot
provide a substantive defence and where the focus may be limited to whether the separation distance should be 300 or 800
metres in Scarborough is not an appropriate forum for new City policy. In addition to examining the implications of
increasing separation distances, the City-wide review of group home policies and regulations will determine if it is
appropriate to decrease separation distances such as the 800 metres used in Etobicoke.
Therefore, as separation distances will be reviewed in the future, it is recommended that Council resolve the dilemma of
being both the respondent and appellant by requesting the Ontario Municipal Board to repeal Scarborough Zoning By-law
No. 25225. The recommendations of the October 15, 1998 report were based on Council repealing the Scarborough
Zoning By-law No. 25225. However, the City Solicitor has advised that as the By-law is on appeal before the Ontario
Municipal Board, only the Board can repeal it. Accordingly, this report proposes a new recommendation whereby the City
Solicitor is instructed to request the Ontario Municipal Board to repeal the By-law. The new recommendation replaces the
recommendations in the October 15, 1998 report.
Contact Name:
Barbara Leonhardt, Director of Policy and Research, City Planning Division, Metro Hall, 22nd Floor,
Tel: 392-8148
Reviewed by:
_________________________________________________________
Paul J. BedfordVirginia M. West
Executive Director and Chief PlannerCommissioner of Urban Planning
City Planning Divisionand Development Services