Scarborough Group Home Zoning By-law No. 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 (All Wards)
(City Council on December 16 and 17, 1998, deferred consideration of this Clause to the next
regular meeting of City Council to be held on February 2, 3 and 4, 1999.)
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(Clause No. 6 of Report No. 14 of the Urban Environment and Development Committee)
The Urban Environment and Development Committee recommends the adoption of the
report (November 19, 1998) from the Commissioner of Urban Planning and
Development Services.
The Urban Environment and Development Committee further reports having directed the
Commissioner of Urban Planning and Development Services to review the former City of
Etobicoke Group Home By-law, with the objective to bring it into conformity with the rest of
the City, as part of the Official Plan review.
The Urban Environment and Development Committee submits the following report
(November 19, 1998) from the Commissioner of Urban Planning and Development
Services:
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the separation distance between group homes from 300 metres to 800 metres be repealed.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 800metres..
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 percent of the
City's population and 24 percent 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 800metres is not an appropriate separation distance in the context of
the distribution of Scarborough group homes; given the fact that 72 percent 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:
Ms. Barbara Leonhardt, Director of Policy and Research, City Planning Division, Metro Hall,
22nd Floor, 392-8148.
Councillor B. Ashton, Scarborough Bluffs and Councillor C. Korwin-Kuczynski, High Park
appeared before the Urban Environment and Development Committee in connection with this
matter.
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The Urban Environment and Development Committee reports, for the information of Council,
also having had before it the following communications:
-(November 16, 1998) from the City Clerk advising that the Scarborough Community
Council, on November 12, 1998, 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."
-(October 15, 1998) from the Commissioner of Community and Neighbourhood Services
expressing the support of the Community and Neighbourhood Services Department for the
repeal of the Scarborough Group Home Zoning By-law No.25225, as recommended by the
Commissioner of Urban Planning and Development Services in her report dated October 15,
1998, to the Urban Planning and Development Committee.
-(August 25, 1998) from the City Clerk advising that the Council of the City of Toronto at its
meeting held on July29,30and31, 1998, struck out and referred Clause No. 15 of Report No. 7
of TheScarborough Community Council, headed "Ontario Municipal Board Appeal -Group
Homes", to the Urban Environment and Development Committee for consideration.
(A copy of the Appendix A, which was appended to the foregoing report, has been forwarded
to all Members of Council with the agenda of the November 30, 1998 and December 1, 1998
meeting of the Urban Environment and Development Committee, and a copy thereof is also
on file in the office of the City Clerk.)
Respectfully submitted,
Councillor Joe Pantalone,
Chair
Toronto, November 30, 1998
Betty Henderson
Tel. (416) 392-8088